Judge urges Derstine, borough to cooperate

PALMER — A judge found a resident of a Matanuska River-gnawed area of Butte guilty on six infractions stemming from flood plain violations Oct. 10.

Bruce Derstine had appealed six borough tickets issued in early July for construction on his property in the erosion-plagued area between Mile 13 and Mile 15 of the Old Glenn Highway. If convicted, Derstine faced a maximum of $1,600 in fines.

Mat-Su Borough officials, like ordinance enforcement officer Pam Ness, point out that the construction isn’t permitted and is in clear violation of borough ordinances and flood plane administration. Derstine did not contest that the construction had been unpermitted, but told district court magistrate judge David Zwink the work was undertaken to defend his residence from the encroaching Matanuska River.

“I’ll do whatever I have to defend my property,” he said.

Borough officials had received multiple complaints that construction on the Derstine property was causing water to back up onto an upstream property containing a garden, some outbuildings and vehicles, Ness said.

Derstine argues that the Matanuska is simply coming from that direction, and his construction isn’t causing the flooding. An application for a permit within the last year required an engineering assessment, Derstine said. The engineering report is too expensive, and Derstine, who builds log cabins for a living, said his knowledge is sufficient.

Zwink ruled Friday that while Derstine’s construction fit the bill for development, it was indisputably in the flood hazard area. He said Derstine and borough officials should work together to obtain a permit allowing the construction to go forward.

“We have a dispute about whether what Mr. Derstine is doing is causing the water to back up to the property to the north or whether it is stuff coming in from the north that is threatening Mr. Derstine’s property,” he said.

“Those are real issues dealing with this property, that the river is gradually eating away at all of the properties down there,” he said.

Derstine’s desire to protect his property does not mean he can carry on construction with impunity, Zwink said. At the same time, borough officials had made the legal status of Derstine’s permit application uncertain, he added.

“He (Derstine) applied for a permit, was told what he needed to do,” he said. “I look at the July 3 permit, and it doesn’t say ‘We’re denying the permit.’”

At the same time, Derstine had simply ignored a valid order to comply with borough ordinance, Zwink said.

Derstine and Zwink said they planned a meeting this week to resolve issues stemming from the construction.

If that fails, a potential sentencing would be held in January, Zwink said.