Mat-Su Water Setbacks in Jeopardy
Contributed by Jean Holt
Mat-Su Residents, we have a problem!
Our Mat-Su Borough is re-doing the only regulations for water body setbacks. Ordinance Title 17.55 was established 50 years ago. The 75-foot setback was established to protect all water bodies in the Mat-Su Borough. It is disturbing Mat-Su residents are continuing the need to defend the setback to protect water quality but here we are again 35 or more years later.
In September 2022, two Mat-Su Assembly members asked the Planning Department to address setback issues. Since then, there have been three revisions to MSB setback code of regulations. Those dates in 2023 were March 6th, March 20th, and the third revision introduced May 15, 2023.
In brief, the first/second revisions were written allowing dwellings within the 75-foot setback with specific requirements. The third/current revision includes a dwelling setback down to 25 feet with specific requirements. The problem is who will enforce the new requirements with the costs involved. The MSB does not enforce codes – they create more problems by changing what codes are on the books.
The Mat-Su Fish and Wildlife Commission (FWC) was established by the Mat-Su Borough Assembly in 2007 to advise and make recommendations to the Assembly, Borough Manager, various boards, State, etc., regarding fish, wildlife, enforcement, habitat, etc., on these issues.
FWC opposed the change to the 75-foot setback. In their resolution, they wanted the Assembly to fail the ordinance. The first two revisions included FWC recommendations. However, the MSB third revision by MSB Planning had no FWC recommendations whatsoever!
The FWC resolution indicated Mat-Su Borough spent 20 million dollars over the years for protection of fish habitat with aquatic restoration projects. This setback change will undue what is accomplished to date.
Another problem! Currently over 800 violations are within the 75-foot setback. The third revision ‘eliminates’ all existing violations not in compliance of the 75-foot setback. Over the years, MSB did no enforcement to prevent buildings that are in violation of their code. This speaks loudly for the residents following rules and abiding with the 75-foot setback.
The third revision added Section F. This section allows structures within the 75-foot setback BUT NO LESS THAN 25 FEET with {costly} mitigation measures.
Bottom line is we are going backward. MSB has conducted multitude studies to protect water quality and shoreline habitat over the years. The setback revisions are inconsistent with what the FWC resolutions indicated.
It is of utmost importance that individuals need to attend the meetings to oppose the proposed changes for the setbacks. Letters also should be sent to the Assembly on the Friday before the meetings.
The information for setback meetings are as follows:
Planning Commission – Public Hearing – Monday, June 5, 2023- 6 pm – MSB Bldg.
MSB Assembly -Intro to Setbacks – Tuesday, June 20, 2023 – 6 pm – MSB Bldg.,
MSB Assembly – Public Hearing – Tuesday, July 18, 2023 – 6 pm – MSB Bldg. ,
Jean Holt, Palmer,AK.