Waterbody Setback Recommendations Nearly Complete

A second revised version of the Waterbody Setback resolution not only reinforces requirements for lakes, but also rivers, and wetlands. The Waterbody Setback Advisory Board reviewed the updated draft and made additional recommendations at their meeting on Tuesday evening. 

The existing setback policy establishes a 75-foot buffer specifically around lakes and rivers to protect water quality. A new permit for construction activities within the 75-foot buffer is one recommendation that will help ensure those activities are mitigated to protect waterbodies.

Mat-Su Borough Planning and Land Use Director Alex Strawn says compliance has been an issue with the Waterbody Setback policy since its inception in 1987. More than 600 properties around lakes have been identified as being out of compliance with the current regulation. The Board recommends a path for bringing those properties around lakes into compliance. 

Waterbody setbacks on rivers are much more difficult to measure because they fluctuate. There isn’t a good tool to help with the measurements of the shoreline or the structures. Though the policy will likely apply to these parcels, it will take significant effort to identify them.

Strawn says the Board recognizes the need for enforcement. They will likely recommend that additional staff be added to patrol waterbodies during summer months to quickly identify which ones might be out of compliance.

Another recommendation is a habitat protection tax incentive for landowners similar to the Kenai Peninsula Borough. They also urge the Assembly to lobby the State to modify their Riparian Buffer statute to include all waterbodies, not just rivers. 

Variances will be discussed at the next meeting. Strawn says that there must be something unusual about the property, like its small size or inability to build elsewhere on the site to grant a variance. The Board is discussing several options. One is to provide no variances within the 75-foot setback. Another may require professional engineering and mitigation measures.

The Waterbody Setback Advisory Board will meet again on Tuesday, July 23rd. Strawn says they are very close to finalizing the draft for submission to the Planning Commission.