Waterbody setback recommendations presented

The Mat-Su Borough Assembly created the Waterbody Setback Advisory Board in 2023 to make recommendations to evaluate the setback ordinance. That also includes pathways to bring illegal structures into compliance. 

Borough Planning and Land Use Director Alex Strawn presented the Board’s recommendations at the Joint Assembly and Planning Commission meeting this week. Strawn estimates there are 763 illegal structures, based on the best available data. But he says there may be some error in the estimate. They use LiDAR, or light detection and ranging, which may have an error of several feet. In addition, the exact age of the buildings may be unknown. 

The group also only reviewed larger buildings in the setback area. Smaller sheds and outbuildings were not included.

“I had them cut it off at 480 square feet so they didn’t count anything smaller than that. About the size of a two-car garage.”

The current waterbody setback code does not apply to commercial structures or their parking areas. But the recommended updates include these facilities. 

Strawn also says that the Board recommended that fuel tanks be moved away from the shoreline to better protect water quality.  

“This becomes a new rule that says you cannot have fuel tanks within 75 feet of a waterbody. And if you have one that is closer than 75 feet of a waterbody, you have five years to either move it out, move it away, further away, or essentially retrofit it so it has a double-walled tank. The other option is to have a non-gravity-fed fuel tank.”

Recommendations also include limiting tree removal, not allowing animal pens within 100 feet, and special considerations for hazardous materials. In addition, the Board recommends no paved parking areas or fertilizer or herbicide applications within 25 feet of the waterbody. There also are other recommendations to require permits to build within the 75-foot buffer and ways for illegal structures to come into compliance. 

The full set of recommendations to update the ordinance will be introduced at the Assembly meeting on March 18th, when a public hearing date will be set.