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Assembly adopts ordinance allowing personal, noncommercial use of borough tidelands
Summary
The Ketchikan Gateway Borough Assembly adopted Ordinance 20‑99 to permit limited personal, noncommercial use of borough tidelands without a lease while preserving borough oversight and requiring state permits for in‑water work; the motion passed unanimously.
The Ketchikan Gateway Borough Assembly on Feb. 9 adopted Ordinance 20‑99, amending KGBC chapter 11.55 to allow personal, noncommercial use of borough‑owned tidelands without requiring a formal lease.
Assemblymember Eleanor Thompson moved to adopt the ordinance after staff clarified that the change would not remove borough zoning or land‑use authority and that any in‑water improvements would still require state approval and, where applicable, Army Corps of Engineers permits. "We simply needed the note that there was a provision that allowed the personal noncommercial use otherwise permitted," Thompson said during floor debate.
Attorney and staff explained they had removed earlier language that would have allowed such use without any borough authorization, citing risks of ceding zoning powers. The ordinance borrows state Department of Natural Resources language to provide guideposts for float and dock uses while maintaining a borough review step for significant improvements.
The motion to adopt was seconded and passed on a 7‑0 roll call. The public hearing on the ordinance drew no additional public testimony, and the assembly closed the hearing before voting.
What happens next: the ordinance will be codified and staff will incorporate the new definitions and process language into borough permit guidance. The borough cautioned that state and federal approvals remain necessary for most in‑water work.
