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Commission backs code changes clarifying 'water dependent' and conditional-use rules; debate narrows fence limits and lake exceptions
Summary
The commission recommended the assembly adopt Ordinance 2025-12 to add a definition of "water dependent" and clarify conditional-use permit standards in KPB code; commissioners debated fence rules, seasonal removal for wildlife passage, holding-tank exclusions and whether fences between private properties should be covered.
The Kenai Peninsula Borough Planning Commission on June 9 voted to forward to the assembly a recommendation to adopt Ordinance 2025-12, which proposes amendments to KPB 21.18.081 and KPB 21.18.014 to clarify conditional-use requirements and establish a code definition of “water dependent.”
Robert Ruffner, Planning Director, summarized the ordinance as formalizing a water-dependent definition the commission adopted as a resolution in 2015 and as clarifying standards that had created recurring questions, notably about fences, utilities and the habitat protection district (HPD). He said the draft treats fences adjacent to public property or rights-of-way differently and proposes that the last 20 feet of a fence located within the 50-foot HPD be seasonally removable to facilitate wildlife passage. On utilities, Ruffner said standards encourage minimizing footprints outside the 50-foot HPD and using perpendicular crossings where possible.
Commission discussion covered multiple topics. Commissioners asked whether the fence language would exclude private fences between two private property owners; staff confirmed the draft as written would not regulate fences between private lots, focusing rather on fences next to public property or rights-of-way. Commissioner Epperheimer proposed an amendment to include private property within the provision; that amendment failed on a roll-call vote (2 yes, 7 no).
Commissioners also raised holding-tank septic systems. A commissioner recalled approving a holding-tank arrangement at a prior hearing and asked whether the ordinance could create a pathway for planning-commission review of holding tanks. Ruffner said holding tanks and septic systems remain excluded from the water-dependent standards and cautioned that revisiting specific cases was better handled separately rather than in this code change.
Separately, commissioners discussed differences between rivers and lakes. Staff noted lake standards historically provide more allowances — for example, temporary structures such as gazebos, decks, fire pits and saunas have been allowed on some lakes. Commissioner Brantley moved to recommend adding fences as an allowable, permitable structure at anadromous lakes in the habitat protection district (amendment to KPB 21.18.071(a)(5)). The amendment to permit fences on lakes passed (roll-call recorded as seven yes, two no). Commissioners then returned to the main motion.
The commission voted to forward the main ordinance recommendation to the assembly. The vote recorded in the transcript showed the motion passing after the lakes amendment and related discussion. Throughout the discussion staff repeatedly said they were open to the planning commission’s input on specific provisions but cautioned that major code rewrites would require additional staff time and a full legislative process.
Key outcomes from the meeting: the planning commission recommended the assembly adopt the ordinance with commission input reflected in the record, the amendment to allow lakes to have permitted fences in the HPD passed, and an amendment to expand fence rules to private property failed. Holding tanks and septic systems remain excluded from the water-dependent allowance, per staff and code references.
