DENALI STATE PARK — Striking a balance between public access and private property rights, the Mat-Su Borough has granted a developer permission to gate a much-contested road, but only after it provides entrance to a state park.

The road in question runs through Byers Creek Landing, a subdivision surrounded by Denali State Park at Mile 144 of the Parks Highway. The main street of the same name accessing the 34 lots dead ends at private property, but not before Chulitna Trail branches off to the west.

To connect Byers Creek Landing to the Parks Highway, the street had to cross a small portion of Denali State Park. The developer, Paul Nangle, secured permission from the state to do so, provided the road remain public as an access point to the park via Chulitna Trail. Recently, the borough’s public works department started to receive complaints. Other property owners in the area were being denied access to the park because the homeowners’ association installed a locked gate at the entrance to the subdivision.

In an interview at the time, Nangle said the gate was to protect the private property from vandalism and theft. He denied the gate was an encroachment saying the road was a private street.

The borough disagreed. Unauthorized encroachments on public rights of way are deemed public nuisances and subject to immediate removal. On Aug. 12, the borough issued a letter to homeowners requiring they remove the gate within two weeks of receipt of the letter.

A month later, the gate still stood. Judging by additional cross braces, it appeared the gate had actually been reinforced after the homeowners received the letter. Nangle refused to comment on the homeowners’ intentions.

The borough contracted the state Department of Transportation and Public Facilities to tear the gate down. It was removed on Sept. 21.

Now, Nangle has been granted an encroachment permit after he filed the proper paperwork. A new gate will go up on Byers Creek Landing, but it will be 60 feet past the intersection with Chulitna Trail. Past the intersection, there are only private lots with no public access to the park or Byers Creek.

“The permit was granted because of concerns with vandalism, theft of private property and trespassing,” borough Right of Way Coordinator Andy Dean said. “Also, the road has not been finished to proper standards, so it does not allow for regular travel.”

Despite the gate, the road remains a right of way the public can use by foot, Dean said. But what’s more important is drivers can still use Chulitna Trial as an access into the park, he said.

Project Management and Engineering Division Manager Bill Klebesadel said his department is cautious of setting a precedent of blocking public roads. However, the road past the gate is not an improved asset to the public and all the property owners were in support.

“As we’re public representatives, we must (and are happy to) support the public and their wishes, as long as they are not contrary to the law and it is in the public’s best interest,” Klebesadel wrote in an e-mail.

But Nangle is less than satisfied. The new gate is not a reasonable compromise, he said, as it leaves 15 lots unprotected. He is worried about what will happen in the winter when the summer traffic clears out.

“It’s a compromise, but I’m planning to make an application for a new gate to be open during the summer and closed during the winter,” Nangle said.

Nangle has not filed any paperwork yet.

Contact Todd L. Disher at todd.disher@frontiersman.com or 352-2252.