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Assembly rejects proposed water‑body setback ordinance after hours of testimony
Summary
After more than two hours of public testimony and debate, the Matanuska‑Susitna Borough Assembly voted against Ordinance 25‑073, which would have revised shoreline setbacks, expanded protections and created permitting pathways for some nonconforming waterfront properties.
The Matanuska‑Susitna Borough Assembly voted down Ordinance 25‑073 on Sept. 16 after extended public testimony and hours of debate about waterfront setbacks, nonconforming structures and enforcement.
The proposal would have amended multiple sections of borough land‑use code to modify the water‑body setback program, add riparian buffer requirements, and create a permitting pathway for some properties between 45 and 75 feet of a shoreline. Planning Director Alex Strahan told the assembly the staff review and GIS analysis showed roughly 750 structures closer than 75 feet to lake shorelines, and that “somewhere around 750 violations, or homes built closer than 75 feet from water body” were identified in the borough’s data exercise.
That analysis — and concerns about scope, enforcement and grandfathering — dominated the public hearing. Dozens of residents, community council representatives and nonprofit and fisheries groups spoke. Rod Hansen, president of the North Lakes Community Council, urged deferral to a new task force and asked that the assembly “take the time to get it right.” Chenery Fife, Southcentral engagement manager for Trout Unlimited, and Margaret Stern of the Susitna River Coalition urged stronger riparian protections and retained setbacks, citing habitat and water‑quality benefits.
Assembly members repeatedly identified two fault lines: (1) whether changes would realistically bring the large number of noncompliant properties into legal standing, and (2) whether the ordinance overreached by regulating uses (including commercial/industrial activities) beyond the original intent of shoreline setbacks. Assemblymember Tim Hale, who moved to adopt the ordinance, said he brought the measure forward out of respect for the advisory board’s 18 months of work. Several other members said the package required more drafting and clearer enforcement and implementation plans.
The Planning Commission had recommended forming a new task force to re‑examine the draft, prioritize water‑quality testing on the 10 lakes with the most noncompliant properties, and ensure lakefront owners were adequately represented. The Planning Commission resolution (No. 25‑15) asked the assembly to defer final action and direct a new, time‑limited review.
After debate and multiple amendments, the assembly took a final vote on the motion to adopt Ordinance 25‑073. The clerk announced the outcome: the measure “failed unanimously.” No amendments or alternate ordinance passed in its place during the meeting.
Assembly members and staff told the public they expected follow‑up: several members indicated they would work on narrower changes, enforcement language and options to form a task force or a committee of the whole to draft more detailed code language. Planning staff said borough records and prior advisory‑board materials would be available to any new group.
What happened next: The assembly moved on to other agenda items. Several speakers at the hearing said they would press for testing, enforcement and clearer pathways for lawful repair or replacement of existing shoreline structures.
Why it matters: The borough contains many lakes and streams that support recreation and subsistence uses, as well as private waterfront property. The vote preserves the status quo while signaling more work ahead on a politically charged mix of environmental protection, property rights and enforcement capacity.
