Byers Creek parallels the Parks Highway flowing south through Denali State Park. It then turns west, crosses underneath the highway and empties into the Chulitna River. But before the river and after the highway, the creek runs through Byers Creek Landing, a 34-lot subdivision surrounded by parkland on all sides.
It is on one of these lots that Michael Stevens owns Byers Creek Lodge. Stevens bought the small complex of cabins and a restaurant five years ago, billing it as offering hiking, kayaking, berry picking and fishing. However, that last activity — as is true in so many places — is the sticking point.
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“My business has gone from good to zero,” Stevens said. “I bought this place because of the creek. You take the creek out of it, and I got nothing. It becomes just another lodge in the woods.”
Shortly after the first few incidents of his guests getting run off, Stevens received a letter from Paul Nangle, the developer of the subdivision. Addressed to members of the homeowners association, Nangle said only property owners are allowed to fish on his land, and “that creek is owned by me.”
While he does not own the water, Nangle said he owns the property it flows over. This means he cannot stop people — like the guiding outfit — from floating down the river, but no one is allowed to fish from the bank without an easement issued by him, Nangle said.
“Only the owner of the property is allowed on the easement,” he said.
In addition, Nangle said, the association decided to lock the gate across the road accessing the subdivision from the highway.
“The gate is to keep people from coming on our property, throwing their beer cans and trashing the place,” Nangle said in an interview. “It’s private property.”
That angered the Matanuska-Susitna Borough. The road accessing the subdivision crosses over a few hundred feet of parkland after leaving the highway. Because of this, Nangle had to dedicate the road to the borough for use as an access to the park at the back side of the subdivision.
On Aug. 12, the borough’s code compliance office issued Nangle an order to remove the gate from the road.
“The property was given to the borough with that dedication,” said code compliance officer Roy Robertson. “Any sort of blockage is an encroachment. Any sort of encroachment must have a permit.”
The issue of fishing rights on Byers Creek is a bit more cloudy, said Kathy Sheehan-Dugan of the state’s Department of Natural Resources. While a person may own all the land surrounding an area of a creek, the state owns from the ordinary high-water mark down, she said.
However, finding this mark is almost splitting hairs, Sheehan-Dugan said. Typically, the mark is where the vegetation starts growing, she said, but only a professional survey can tell for sure. But, if a person is below the ordinary high-water mark, they are in public land, she said.
Once the mark is determined, Sheehan-Dugan said, the issue becomes access.
“If the person were to access the creek from outside the person’s property, that would be OK,” Sheehan-Dugan said. “If they access through the property, that wouldn’t be OK.”
In this particular case, Robertson said, the dedication runs through the subdivision to the park.
“I don’t know what the easements are in the park, but that would be one potential way to access the creek,” Robertson said.
Undeterred, Nangle said the homeowners association is meeting in the next 20 days to draft a letter asking the borough to let them keep the gate up. Despite what the state says, he is not letting up about the creek.
“The state can tell you anything they want. If they want to put their money up where their mouth is, they can try to fight me,” Nangle said. “But I own the creek bottom.”
Contact Todd L. Disher at todd.disher@frontiersman.com 352-2252.



Comments
55 comment(s)Jeff F. wrote on Jan 27, 2010 9:37 AM:
Lance Mead wrote on Oct 31, 2009 2:55 PM:
get the facts wrote on Sep 23, 2009 2:42 PM:
fish head wrote on Sep 10, 2009 7:49 AM:
J wrote on Sep 9, 2009 10:06 PM:
hoodwinkle donkey wrote on Sep 9, 2009 7:38 PM:
im calling bull.
alaskans know better. "
Exception in Alaska wrote on Sep 9, 2009 8:10 AM:
Fish Creek Property Owner Owner wrote on Sep 8, 2009 3:28 PM:
Reread the article Mike wrote on Sep 8, 2009 7:44 AM:
Mike wrote on Sep 7, 2009 7:42 PM:
private property which is alongside the road. I can see the concerns of landowners when fisherman don't pay attention to private property signs. I have accessed the creek at the bridge
and never had a problem. "
L. Carver wrote on Sep 7, 2009 4:19 PM:
Oops wrote on Sep 5, 2009 6:53 AM:
Lets stay on the issue wrote on Sep 4, 2009 6:19 PM:
BIG Rainbows at Byers Creek..... wrote on Sep 4, 2009 4:52 PM:
We know we can go through the public access on the subdivision. LOL He can't stop us. If he tries to run you off, tell him to go pound sand. He has no authority None. The access IS legal. /Big Smile
Tear Down His illigal Gate Roy! I am going fishing this weekend! "
Anonymous wrote on Sep 4, 2009 3:39 PM:
Reshel is Right wrote on Sep 4, 2009 1:59 PM:
property owner wrote on Sep 4, 2009 8:01 AM:
palmeranian wrote on Sep 4, 2009 7:46 AM:
I have taken some real nice rainbows from Byers and I hear the silver fishing is fantastic right now.
Remember, stay on public lands, any land below the highwater mark. Just bring some waders and have fun. "
Reshel is wrong wrote on Sep 4, 2009 7:43 AM:
You should do your homework before throwing out accusationsGet over yourself....and get the facts. "
Think about it Reshel wrote on Sep 4, 2009 7:39 AM:
Public Access Easement wrote on Sep 3, 2009 11:10 PM:
Nagle is nothing more than a common thief, stealing from the public. The borough will tear out the gate and make him pay for it. I can only hope it's expensive.
I think the State should prosecute him. If I am approached while fishing, I will record the conversation and I will talk to the troopers if threatened. "
Reshel wrote on Sep 3, 2009 9:05 PM:
Mary wrote on Sep 3, 2009 8:56 PM:
Still Disgusted wrote on Sep 3, 2009 11:33 AM:
In regards to the public access law:
Did God tell you that? "
Public Access on the Platt wrote on Sep 3, 2009 11:01 AM:
The public access actualy takes you back to the park boundary, and people are fishing on State Land. Bank fish all you want, there is no tresspass. Use your PUBLIC ACCESS.
Tear Down The Gate, Roy! "Then Charge Him For It". (Can I help?) "
Scott Ogan DNR Natural Resource Manager wrote on Sep 3, 2009 10:35 AM:
Scott Ogan, DNR Natural Resources Public Access Manager "
Trashed already wrote on Sep 3, 2009 9:26 AM:
Lots of Big Rainbows... wrote on Sep 3, 2009 8:24 AM:
We had a large rainbow break off on a spinning rod with 6 lb test. Man, that fish was an ACROBAT!
Anyway, a guide from "Just Fly Fish" out of Talkeetna tried to lie to me and my dad about the Rainbow limit. Lucky for us it was apparant he was just attempting to intimidate some fishermen he found on"HIS"creek. Some of just don't Intimidate well. "
Rotten Apples in the bunch wrote on Sep 3, 2009 7:48 AM:
HA HA LOSER DEVELOPER wrote on Sep 3, 2009 7:08 AM:
BWAHAHAHAHAHAA! "
I think wrote on Sep 3, 2009 5:17 AM:
He should move back to california or new york, or wherever he came from. "
Rupert wrote on Sep 2, 2009 10:56 PM:
Dan wrote on Sep 2, 2009 10:27 PM:
Theresa wrote on Sep 2, 2009 8:31 PM:
Dani wrote on Sep 2, 2009 8:26 PM:
However--if you are in the area, stay at the Byers Creek Lodge! "
byerscreeklodge wrote on Sep 2, 2009 4:46 PM:
jingle wrote on Sep 2, 2009 4:36 PM:
Valley Kid wrote on Sep 2, 2009 1:22 PM:
alaskan rights wrote on Sep 2, 2009 10:55 AM:
developers and regular folks have the same rules.
this donkey thinks he owns a waterway.
this jackaloff thinks he can prohibit access to public lands.
this ahole thinks he has more land and water than he does.
talk about audacity. my lord. "
Ronnie wrote on Sep 2, 2009 10:44 AM:
I Wonder wrote on Sep 2, 2009 9:59 AM:
Working man wrote on Sep 2, 2009 9:41 AM:
ill be sure to pack heat wrote on Sep 2, 2009 8:44 AM:
sounds like this guy is a taco short of a mexican platter. "
J. Smith wrote on Sep 2, 2009 5:05 AM:
Mat-Su wrote on Sep 1, 2009 10:21 PM:
Look it up ! ! ! ! ! "
Balloon flights.... wrote on Sep 1, 2009 6:50 PM:
Reagan wrote on Sep 1, 2009 4:04 PM:
Ronnie wrote on Sep 1, 2009 3:19 PM:
Looks like that platt has already addressed dedicated public access and recreation. Just have the borough build a trail on the recreation easement and put in a raft launch on the vehicle access. "
Rainbow fisherman wrote on Sep 1, 2009 2:57 PM:
Willowbilly wrote on Sep 1, 2009 2:47 PM:
JohnnyB wrote on Sep 1, 2009 1:53 PM:
It has even had street signs put up and a big sign that states "Public Access TO Byers Creek:. Look at a platt map, it is well marked PUBLIC access, all the way to the Park. Nigan just wants to lock up the road after he got OUR state funds to develop it.
The gate MUST go, and the PUBLIC access must be maintained by the Borough.
Tear Out the Gate Roy Robertson! "
ron wrote on Sep 1, 2009 9:52 AM:
Owners Rights wrote on Sep 1, 2009 9:51 AM:
uh no you dont wrote on Sep 1, 2009 7:28 AM:
figure it out. "
What a Horses A... wrote on Sep 1, 2009 6:26 AM: