Waterbody Setback Advisory Board Reviewing Draft Ordinance

The Mat-Su Borough Waterbody Setback Advisory Board reviewed a draft version of the updated setback legislation at its meeting this week. Originally drafted in 1987, the legislation established a 75-foot setback requirement.

Since that time, 752 structures have been built within the setback and the Committee is working to determine solutions for those out of compliance.

The new draft ordinance includes commercial buildings, which were excluded from the original legislation. Borough Planning and Land Use Director Alex Strawn says that gazebos and other open-air structures within the buffer are allowed in the draft version. 

Structures built after 1987 within the buffer that are at least 45 feet away may be able to apply pollution mitigation measures. Those might include rain gardens and swales. Though Strawn says maintaining riparian buffers are the preference. Structures built closer than 45 feet will remain out of compliance. 

The draft also includes provisions for protection against petroleum contamination by installing secondary containment and a pump. Gravity fuel tanks will not be allowed within the buffer.

The Board heard from a lender at this month’s meeting. Landscaping, such as the kind proposed as a mitigation measure, would be considered impermanent and not acceptable. Strawn says the Board will need to consider this moving forward.

Though still in the draft stage, Strawn says this provides the Board with a starting point for updating the ordinance.