Lodge owner, developer at odds

BY TODD L. DISHER
Frontiersman
Published on Monday, August 31, 2009 10:34 PM AKDT

DENALI STATE PARK — A land-use squabble shows has two men squaring off about who owns a stream in the Mat-Su Borough’s northern reaches.

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.

Byers Creek snakes around the west side of the Byers Creek Landing development.

Recently, whenever Stevens sends guests down to the creek, they have been run off by a fishing guide, Stevens said. The guide badgers his guests, saying this is a private creek and no one is allowed to fish from the bank, he said.

“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:

    " I have been fishing byers creek for a while. I do not agree with the Alaska residents that feel the need to trash these places. Some of my favorite places are becoming very nasty. I think the state should convict the dirtbags and not allow them on state land to fish if they can't clean up after themselves. I believe that Mr. Nagle is fencing for one reason, MONEY! . "Private Creek fishing" B.S. "

    Lance Mead wrote on Oct 31, 2009 2:55 PM:

    " mr nangle you do not the right to stop people from fishing byers creek. "

    get the facts wrote on Sep 23, 2009 2:42 PM:

    " to all the people ticked off at the guide and nagle,as a property owner near this lodge where this mike stevens is made out like a victim This stevens fella has a long ,and i mean long reputation of running people off property that is not his,he also has a history of blocking access into the street he dwells on,not owns.last summer he dropped a tree across the easement into a property owners access. ,the highway department,after calls where put in to park personel,john wilber,several troopers,valentine and blagesky,something was done, check this guys real background "

    fish head wrote on Sep 10, 2009 7:49 AM:

    " Wow, the Silver fishing is spot - on at Byers Creek, last night it was one of those " every single cast" fish on nights!!! "

    J wrote on Sep 9, 2009 10:06 PM:

    " It was my understanding public access after a certain amount of time can not be taken away by any landowner. If someone is interfereing with peoples ability to fish that is a crime in Alaska. "

    hoodwinkle donkey wrote on Sep 9, 2009 7:38 PM:

    " please provide proof of your "federal patent" or else i go where the water goes.

    im calling bull.

    alaskans know better. "

    Exception in Alaska wrote on Sep 9, 2009 8:10 AM:

    " You situation is the exception in Alaska. "

    Fish Creek Property Owner Owner wrote on Sep 8, 2009 3:28 PM:

    " BTW those who trampled across my land on Fish Creek during the dip net season. The private property signs must have been hard to pull out and the fence meant nothing to you. Next year I'll run ATVs over to your back yard for a while. Fish Creek is a Federal patent as mentioned by J Smith in a earlier post so we do own to the center of the creek! "

    Reread the article Mike wrote on Sep 8, 2009 7:44 AM:

    " Mr Nangle publically calls out that the Creek is "owned by HIM". That is part of the issue. Consequently there are people affiliated with him that chase off the public ( I was one of them). You can also access the creek via public roadway and public access through the Denali State Park at the end of Chulitna. You will see the Public use sign and the trail cleared . "

    Mike wrote on Sep 7, 2009 7:42 PM:

    " The issue is really not about public use of the creek but of public access over
    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:

    " I live in Northern Florida. The Suwannee River runs through the county in which I live. In Florida private property starts at the top of the rivers banks. From the crest of the bank to the water is accessable by the general public. "

    Oops wrote on Sep 5, 2009 6:53 AM:

    " NO ONE owns a creek or river, it's a run off and it flows at will. This is a closed case, all should have privledge to fish in any stream, creek, river in Alaska unless they are standing on private property, stand in the river and it's fair game! "

    Lets stay on the issue wrote on Sep 4, 2009 6:19 PM:

    " All these comments about business licences and criminal records is just petty and irrellivant. The issue is between Nangle and the borough. It's black and white, it's a borough road and Mr. Nangle cannot block public access to state park lands. That State park is there for alaskans to use. And nobody owns the creek but us. I challenge anyone to visit Byers Creek lodge and meet the owners and then form your opinions instead of posting personal attacks on the internet. "

    BIG Rainbows at Byers Creek..... wrote on Sep 4, 2009 4:52 PM:

    " There are Huge Rainbows in the creek, and the limit is two, one over 20". They eat fine too! Lots of big holes from the park boundary down to the river, and they are loaded with fish.

    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:

    " I would like to add a comment to this thread for you all to consider. Rather than squabbling over who gets to go where and when you should focus on the protection of these areas and its fish, wildlife and resources. Maybe rather than the biting tone of these notes, those interested could meet together to come to an agreement about legal and acceptable access. "

    Reshel is Right wrote on Sep 4, 2009 1:59 PM:

    " AK Bus Lic 733820 Expired in 2006. Maybe you want to get your facts straight. "

    property owner wrote on Sep 4, 2009 8:01 AM:

    " The employees at MSB, who work for WE the PEOPLE, kiss the butts of big developers. Big developers close public access all the time to store their heavy equipment and intimidate the people who actually OWN the property. With the blessing of MSB staff, these liars put up signs that say PRIVATE PROPERTY, so the those who recreate in the area don't know that it is public access. "

    palmeranian wrote on Sep 4, 2009 7:46 AM:

    " Byers Creek is now on every fishermans map.

    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:

    " Byers Creek Lodge does have a business license. You can find this information on the State of Alaska website. His business license is listed under Byer's Creek Lodge #733820.

    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:

    " Mr Stevens is not asking for the property rights...the PUBLIC is asking for what is theirs- PUBLIC EASEMENT to the STATE PARK EASEMENT and the RIGHT TO FISH ON THE STATE PARK side of Byer's Creek. What they advertise is what you get....lodging and good food. They have every right to let people know that local fishing is available on STATE LAND - just like every other Alaskan lodge. If Mr Nangle wants to protect his assets- then he should take care of his property. "

    Public Access Easement wrote on Sep 3, 2009 11:10 PM:

    " Nagel does NOT own the public access easement. The borough does, and the people of ALASKA.

    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:

    " Before people think "poor Mr. Stevens", someone might want to ask him to explain why he doesn't hold a current Alaska Business license or his criminal record, or his advertising for services he isn't permitted to offer in Denali State Park. Mr. Nangle is just trying to protect his assets. If the people want this property for recreational purposes then the state parks should purchase it from him. "

    Mary wrote on Sep 3, 2009 8:56 PM:

    " As an AK resident and land owner in Byers Creek Landing for years owning property there without a gate we would show up and people would have fires built in the middle of the road, beer cans in the woods and human feces and diapers thrown on our property. We have bylaws that prevent us from having trailers on the property and the only trailers I have ever seen are non-property owners. I have no problem with people accessing the creek legally above or below the private property and legal fishing the creek. "

    Still Disgusted wrote on Sep 3, 2009 11:33 AM:

    " to Scott Ogan:
    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:

    " It's shown as public access on the Platt Map of the Borough. Right through Nagles subdivision. There is more than one public access through. I have seen the map, just look at it. What part of Public Access don't this lawyer understand?

    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:

    " A statement on this blog needs clarification, Alaska does NOT have a law that says "anyone can be within 15 feet of a shore of a lake or bank of a stream." Public access is only allowed below the ordinary high water of a navigable water body. The only allowable use of private lands above the water way is to portage around an obstruction to a navigable water. Stay in the river or lake bed, or it is tresspass.

    Scott Ogan, DNR Natural Resources Public Access Manager "

    Trashed already wrote on Sep 3, 2009 9:26 AM:

    " Mr Nangle makes a point of saying the gate is to prevent people from trashing the properties. He needs to take a look around his subdivision- the owners are their own worst enemies- there are broken down campers, trash and junk heaps all over the place. Obviously the gate is not working for even themselves. OPEN THE GATE so WE can ALL enjoy THE STATE PARK EASEMENT!! Maybe with a bit of traffic, the property owners will take pride and clean their lots up. I cannot believe a "Homeowner's Association" would allow all that junk! "

    Lots of Big Rainbows... wrote on Sep 3, 2009 8:24 AM:

    " My dad, son , and I just fished there last weekend. We caught a limit of silvers, and the next day we caught some real nice rainbows.

    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:

    " Looks like there is more to this story....1. What about that guide who is chasing Alaskan's off of public lands? 2. Why is the Denali State Park allowing a State Park concessionaire from Talkeetna to run off locals? It has been reported to state park officials. 3. Why is Princess allowing the same concessionaire to work for them while chasing off Alaska citizens? All of these actions give Alaska and Princess a bad name. Who needs to be contacted to stop this bad behavior? Any advice? "

    HA HA LOSER DEVELOPER wrote on Sep 3, 2009 7:08 AM:

    " THIS PLACE WILL BE PACKED THIS WEEKEND!

    BWAHAHAHAHAHAA! "

    I think wrote on Sep 3, 2009 5:17 AM:

    " Mr. Nagle sound like a real douche bag.
    He should move back to california or new york, or wherever he came from. "

    Rupert wrote on Sep 2, 2009 10:56 PM:

    " My bet is Nangle won't be able to find his creek bottom with both hands. (Keeping it clean) "

    Dan wrote on Sep 2, 2009 10:27 PM:

    " I'm glad to see this issue getting some public airing. I've fished Beyers Creek and been told that it's a "private creek". I know my rights and didn't take any of this "private creek" garbage, but was dismayed when on the following day another angler tentatively asked me if it was OK to fish the creek. He'd been accosted a week prior and also told that he couldn't fish the creek. Beyer's creek lodge is a great establishment, and it's a shame that some developer's greedy,selfish, and illegal actions get to mess with their business. "

    Theresa wrote on Sep 2, 2009 8:31 PM:

    " Mr. Nangle is an attorney, let him use his money and practice to fight the state against the public's right to access a publicly owned salmon stream. Let him fight a losing cause. Then we can get the property at public auction and add it to the park. "

    Dani wrote on Sep 2, 2009 8:26 PM:

    " This guy sounds like a douche that just wants to make money off of "private land" and "private tours"? Money and power the only reason this guy is doing this. Hes putting a very AMAZING lodge out of business. Ive been to Byers Creek Lodge and know the people that own it, and they are very wonderful, and run a wonderful business. This other guy is shady and dishonest, and just needs to get the heck outta Alaska!

    However--if you are in the area, stay at the Byers Creek Lodge! "

    byerscreeklodge wrote on Sep 2, 2009 4:46 PM:

    " Thanks, Everyone for your positive response. LET,S GO FISHING! "

    jingle wrote on Sep 2, 2009 4:36 PM:

    " This is not just about land owners fighting....this is about eveyone's rights to enjoy State Park Lands that have easements through them. Here are the directions. MP144, go through the "locked" gate to Chulitna "marked with state Sign", there is a turn out at the end with STATE PARK EASEMENT _ aka PRIVATE LAND to get to the creek. You can get to the creek through the subdivision's public roads and to the creek through the State park easement which is marked with a STATE PARK SIGN. "

    Valley Kid wrote on Sep 2, 2009 1:22 PM:

    " Mr. Nagle can fight the State all he wants. Now that the public knows about this sweet little silver fishing hole he is going to have his hands full with everyone and their uncle tromping through the woods looking for access. Put your gate up on Friday at 5pm and it will be firewood within an hour. Put in a metal gate and come back the next day to see a new metal bridge across the creek. "

    alaskan rights wrote on Sep 2, 2009 10:55 AM:

    " are all the same.

    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:

    " With the holiday coming up hows about some fishing time on the creek? Excercise our constitutional rights! "

    I Wonder wrote on Sep 2, 2009 9:59 AM:

    " I wonder how many of those property owners are actually from Alaska?? "

    Working man wrote on Sep 2, 2009 9:41 AM:

    " Why is it that developers who buy parcels of land, (to bleed it of every penny they can) feel that they have more rights than the average Alaskan land owner? After reading this artical, and pending the Borough's response to the request of keeping the gate, I might have to get my family together and have my own "homeowner association meeting" to request that I should be able to install barb wire along my property easments because I pay taxes on it, and it's "MINE". These easments where in place before the purchase, Deal with it, or leave "

    ill be sure to pack heat wrote on Sep 2, 2009 8:44 AM:

    " the next time i go fishing there.

    sounds like this guy is a taco short of a mexican platter. "

    J. Smith wrote on Sep 2, 2009 5:05 AM:

    " The only situation that allows for a citizen to own the "land under the creek" is under old Federal patent law. Under that the owner can deny access to bank fisherman and anyone walking in the middle of the creek, but not to anyone floating through. I do not believe Byers Creek comes under Federal patent law. Sounds like another attempt to "own" a great fishing spot by a "privileged few". How many times I have seen that over the past 35 years in Alaska. I have fished that location for years and will continue to do so. "

    Mat-Su wrote on Sep 1, 2009 10:21 PM:

    " There is a state law that says anyone can be within 15 feet of any shore on a lake or bank of a stream. It's was made so if you break down, and float to shore, no one can shoot you, but it still holds true for fishing, anyone can walk the bank of any stream, or lake and fish, No one controls it, it's a public R.O.W. You just pay the taxes on it if you own it
    Look it up ! ! ! ! ! "

    Balloon flights.... wrote on Sep 1, 2009 6:50 PM:

    " Perhaps the lodge owner could offer hot air balloon flights to the stream. That way he could cross any land and hover above the stream and give his clients a unique fishing experience. Nangle will probably say that he also owns the airspace above the stream. He could certainly provide enough hot air to launch a balloon. "

    Reagan wrote on Sep 1, 2009 4:04 PM:

    " Tear down that gate Mr. Robertson, tear down that gate!! "

    Ronnie wrote on Sep 1, 2009 3:19 PM:

    " Mr. Nangle, what is that recreation easement mean that is on the platt? Does it mean we - the public, can go on that recreation easement to get to the creek to recreate? To fish? To camp?
    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:

    " Just look at the bourough's property page and get the platt, there are three public acess points through the subdivision - people need to clear the access easements for better access to the creek and it would solve the trespass issue - one is a vehicle access to the creek. "

    Willowbilly wrote on Sep 1, 2009 2:47 PM:

    " Mr. Nagle may wish to read the Consitution of the State of Alaska,which states the public ownership and rights of access of Alaskans to the rivers, streams, and lakes within the state. A constitutional right. "

    JohnnyB wrote on Sep 1, 2009 1:53 PM:

    " The road through the subdivision was developed by State Funds, with the intent of it remaining public access to the park.

    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:

    " you do not own the creek bottom in Alaska. You own to each high water mark on each side of the creek. This is elementary knowledge. That creek gets very high every spring so there is plenty of shore to fish from as public access. "

    Owners Rights wrote on Sep 1, 2009 9:51 AM:

    " Way to fight Mr. Nangle! I'm tired of the public thinking they own everything. And the government/Borough needs to protect the land owner that's paying the property taxes, PERIOD! TRESPASSERS!! "

    uh no you dont wrote on Sep 1, 2009 7:28 AM:

    " the creek below the high water mark is state land, loser.

    figure it out. "

    What a Horses A... wrote on Sep 1, 2009 6:26 AM:

    " There's plenty more land coming available soon just East of Los Angeles this guy should move to to "develop." "

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