A new proposal would shrink the Borough’s construction setback on lakes

A proposal to shrink the no construction zone between lakes and large structures such as houses is up for debate under a measure making its way through the MatSu Borough Assembly.

Currently, the construction block zone, known as a riparian setback, is 75 feet. A proposal offered by Borough Assembly members Mokie Tew, District 5, and Rob Yundt, District 4, looks to reduce the setback to 45 feet for structures larger than 450 square feet so long as a civil engineer signs off on the building plans and the builder gets a permit from the Borough.

Neither Yundt or Tew responded to a request for comment by deadline.

The proposal is set to face the Borough’s Planning Commission in a public hearing June 5. That commission will make a recommendation on whether to OK the plan before it heads to the full Assembly for a hearing and vote. The Borough’s Fish and Wildlife Commission rejected a broader version of the proposal early this year.

The current riparian setback, dictated by Borough law, is designed to protect water quality and fish and wildlife habitat, according to a 1999 analysis produced for the Borough by an Anchorage-based firm. To fully protect the area including bank stability, the setback must be paired with other buffers on the property, such as a rock garden, the report states. The Borough’s current 75-foot rule bans most construction within the zone, with the exception of structures like docks and boathouses. The Borough does not currently require an additional buffer.

The new rule would allow construction within 25 feet so long as plans are supervised by a civil engineer, include buffers to block snow, water and pollution runoff from entering the and, finally, are approved by the Borough in a mandatory permitting process.

The current proposal is far less sweeping than a similar measure originally proposed in January. That change would have eliminated the 75-foot rule on lakes, rivers and streams while also grandfathering into compliance all structures within the no-go zone built before April of this year, regardless whether they were checked by an engineer.

“Over the years, hundreds of homes have been constructed in violation of the 75-foot waterbody setback ordinance. Most of the construction went undetected due to lack of any permitting requirement for development within the Borough,” a summary of that proposal said. “Additionally, when violations are discovered, there is no easy or inexpensive remedy to the violation.”

There are about 700 setback violations at properties on lakes around the Borough and likely many more on rivers and streams, Alex Strawn, the Borough’s planning and land use director told officials during a Fish and Wildlife hearing early this year.

Violating the current setback rule could keep a homeowner from receiving financing connected with the property or impact resale value or home insurance.

The original proposal was targeted at giving violators a way to be in compliance while opening the door to altered building requirements, Yundt, a member of the Fish and Wildlife Commission, said at that hearing.

“The intention is not to remove the … abatement plan, it is to give a path forward with enough steps to possibly go within 75 feet,” he said. “I believe people who have not followed the ordinance or follow the law before should be given a path forward.”

In addition to his duties on the assembly, Yundt co-owns Robert Yundt Homes, LLC, a general contractor which constructs homes in the Valley, according to the company’s website.

Robert Yundt Homes was fined $29,500 in June, 2022 by the Environmental Protection Agency (EPA) for violating the Clean Water Act. Between April, 2019 and August, 2020 teams with Robert Yundt Homes dumped construction debris, including gravel and soil, into Cottonwood Lake and Wasilla Lake at properties owned by Robert Yundt Homes or by Yundt’s wife, Trenitie, according to court documents. Those debris are considered pollutants under the Clean Water Act.

Tew, who co-sponsored the measure, co-owns Tew Inc., an excavation company.

The Fish and Wildlife Commission resolution against that proposal passed unanimously. Yundt was not present at that vote, according to Borough minutes from that meeting.