§ 14.40.061. Additional requirements for waterbody access and crossing permits.

A.

Stream crossing permit conditions.

1.

A project-specific permit issued pursuant to KPB 14.40.040—14.40.060 is required for waterbody crossings where a dedication crosses a waterbody catalogued as important to the protection of anadromous fish under AS 16.05.871 as now enacted or hereinafter amended.

2.

Project specific construction permits for crossing an anadromous waterbody within a dedicated right-of-way will only be issued upon receipt by the RSA director of applicant's written certification that s/he has obtained all other applicable permits for the project, including but not limited to permits issued by the Army Corps of Engineers, Kenai Peninsula Borough, Alaska Department of Fish & Game, Alaska State Parks, and the U.S. Fish & Wildlife Service. It shall be the sole responsibility of all applicants for project-specific construction permits to ensure compliance with all applicable state and federal law, including permitting requirements.

3.

Anadromous waterbody crossings and approaches shall be designed to withstand a 100-year flood event as defined by KPB 21.06.070. The crossing shall be designed by a licensed professional civil engineer. The design shall be presented to the RSA board for review and approval prior to construction. The engineer shall certify that the crossing and approaches are constructed to withstand a 100-year flood event.

4.

Project specific permits issued pursuant to KPB 14.40.060 that permit work within a right-of-way within 250 feet of the ordinary high water mark on both sides of a dedicated crossing of an anadromous waterbody catalogued under AS 16.05.871 shall require a crossing to be constructed within the dedicated right-of-way as a permit condition.

B.

Waterbodies. Right-of-way construction permits pursuant to KPB 14.40.040—14.40.060 will not be issued to construct any part of a road or driveway or other development within the right-of-way where the construction or development will be parallel and within 100 feet of the ordinary high water mark of a watercourse or lake unless necessary for access to a lot where no reasonable alternative access exists or unless the road is for access to a bridge or public facility, waterbody, or watercourse.

C.

Development conditions for rights-of-way accessing water bodies. No development within 100 feet of the high water mark of a waterbody within a right-of-way providing access to the waterbody may occur without a permit. All permits issued under this section shall be submitted to the RSA board for its consideration. A written RSA staff report shall be provided to the RSA board with every permit application. The staff report shall include comments from the planning department. The RSA board shall make written findings to support denial or issuance of the permit. There must be facts which support the following standards in order to issue a waterbody public access permit.

1.

Any development in the right-of-way will not be detrimental to the waterbody, or any potential detriment is mitigated by conditions placed on the permit;

2.

Any development in the right-of-way will not be detrimental to adjacent public or private property; and

3.

The public benefit of development in the right-of-way outweighs the potential detriment to the public interest caused by the development. Any detriment to the public interest must be mitigated through permit conditions to the maximum extent reasonably possible.

(Ord. No. 2015-22 , § 1, 8-18-15; Ord. No. 2008-03, § 2, 4-1-08)