Waterbody Setback Advisory Board Discusses Draft

Draft language for the updated waterbody setback regulations are nearing completion as the Waterbody Setback Advisory Board discusses the final recommendations to the draft ordinance. Though variances were the intended discussion item for the meeting, Committee members focused on the draft ordinance and what they might like to change at the next meeting.

Restrictions for development within 75 feet of a waterbody are part of the recommendations heading to the Planning Commission for approval in the draft updates to the Mat-Su Borough Waterbody Setback legislation. In particular, this applies to any structure and any grading and clearing operations within 75 feet of a waterbody.

The purpose of the legislation is to not only provide setbacks for privacy and uniformity, but also to preserve ecological function of the waterbody. In the proposed draft, sewage systems would be required to be setback from the waterbody by 100 feet, kennels and stables by 150 feet, and hazardous chemicals by 75 feet.

Under the new recommendations, owners of pre-existing petroleum storage facilities closer than 75 feet will have three years to provide secondary containment requirements.

Gazebos and pavilions will be exempted from the 75-foot setback requirements as long as they are not used for housing, toilets, or fuel storage. Only structures on the list would be permitted to get a land use permit within the buffer. There were discussions about type of structure versus size limitations in the language.

Structures constructed before the setback requirement set July 3rd, 1973 that have not been substantially altered would be grandfathered. Any structures built between July 3rd, 1973 and January 1, 1987 that have not been substantially altered and are located between 45 and 75 feet of the waterbody buffer would likely be granted legal, non-conforming status. 

Any structures that were constructed between 45 and 75 feet after January 1, 1987, would need a land use permit.

Two members of the public requested that the Community Councils have an opportunity to provide comment on the draft resolution. The Committee also determined they would not make changes to the draft until the first August meeting.

The Advisory Committee will recommend a resolution to the Mat-Su Assembly at the next meeting to extend their time to allow for comment from the Councils and to continue amending the ordinance. Discussion on the draft ordinance revisions will continue at the next meeting on August 13th.