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Assembly to consider easement allowing shoreline stabilization along Russian River after erosion complaints
Summary
The borough proposed granting easements at less than market value to allow adjacent property owners to stabilize an eroding riverbank along the Russian River; staff said easement terms would require owners to obtain permits and accept liability for future changes.
Kodiak Island Borough staff presented a draft resolution on April 10 that would authorize disposal of borough land by easement—granted at less than market value—to allow adjacent property owners to stabilize riverbanks along the Russian River in Women’s Bay and Bells Flats.
The easement request stems from repeated erosion and flooding that threaten private parcels bordering borough-owned land described in staff materials as USS 2539 Lot 1 Remainder. Staff said property owners adjacent to the borough parcel requested access to borough land to place rock, root wads and similar bank-stabilization measures to protect homes and infrastructure. The packet included a simplified map showing parcels immediately downstream of the borough property and language allowing work within a 75-foot band extending from the private property line across borough land.
Amy, the borough manager, told the assembly staff had consulted with the borough attorney and recommended an easement rather than an MOA or MOU because an easement provides clearer borough protections and assigns responsibility for work and future maintenance to the private property owner. “The easement is a form of disposal of land… this is the methodology that gives the borough the most protection when it comes to liability,” Amy said.
Assemblymembers asked if property owners have sought permits and consulted state and federal agencies. Staff said applicants have worked with the Army Corps of Engineers, the Natural Resources Conservation Service and Alaska Fish and Game and that the easement would require property owners to obtain all necessary state and federal permits before work begins. Staff also said the easement would be recorded and require property owners to retain responsibility for any work on borough land.
Speakers urged staff to notify downstream neighbors that easement opportunities will be available so other property owners with similar erosion exposure can pursue the same path. Staff said planning and zoning had reviewed the proposal in a work session and was scheduled to consider it at its April 16 regular meeting; if P&Z approves, the easement resolution would return to the assembly for formal action.
No final assembly action occurred at the work session. The assembly indicated support for expediting the item to help property owners mitigate imminent erosion, while insisting that property owners secure required permits and that staff provide a notification to other affected residents about the easement option.
