§ 21.18.010. Findings.

A.

In enacting this ordinance the assembly finds numerous factors affect the habitat of the anadromous waters within the Kenai Peninsula Borough. These include removal of near shore native vegetation, bank erosion, bank trampling, pollution, inadequate tourism infrastructure, unsuccessful attempts to remedy bank erosion or protect and restore habitat, inconsistent regulations and enforcement, logging, grazing, mining, wetland fill and drainage, excavation and fill of property, dredging, inappropriately installed culverts, fuel storage, and maintenance of existing structures.

B.

The assembly finds that fuel storage and significant removal of vegetation within the 100-year floodplain along the anadromous waters require regulation to protect the salmon habitat.

C.

The assembly finds that the uncontrolled use and pollution of shoreland and riparian areas adversely affects the prosperity of the Kenai Peninsula Borough, the public health, safety, convenience, and general welfare, and impairs the tax base.

D.

The assembly finds that the legislature of Alaska authorizes the borough to provide for planning, platting, and land use regulation. AS 29.40.010, Planning, platting, and land use regulation, states in subsection (a) that "[a] first or second class borough shall provide for planning, platting, and land use regulation on an areawide basis."

E.

The assembly finds that the riparian ecosystem includes stream bank and floodplain areas and recognizes that impacts to anadromous waters may be due to activities and uses within the greater watershed.

F.

The assembly finds that the 1997 update of the Alaska Department of Natural Resources Kenai River comprehensive management plan recognized the increased use of the Kenai River resource and its associated impacts and recognized the deterioration of nearshore habitat for juvenile salmon and stated in section 2.2 that "[t]he importance of riparian (stream bank) vegetation to fish and wildlife values cannot be overestimated."

G.

The assembly finds that it is in the public interest to further public knowledge of, and the maintenance of safe and healthful conditions; prevent and control water pollution; protect anadromous fish spawning grounds, rearing waters, and migration corridors and aquatic life; control building sites, placement of structures, and land uses; and to preserve native shore cover and natural beauty. These responsibilities are hereby recognized by the Kenai Peninsula Borough.

( Ord. No. 2013-18, § 2, 7-2-13 ; Ord. No. 2010-16, § 2, 5-4-10; Ord. No. 2000-08, § 3, 5-16-00; Ord. No. 96-06, § 1(part), 1996)

Editor's note

Ord. No. 2010-16, § 2, adopted May 4, 2010, amended the Code by renumbering and amending former § 21.18.020 as a new § 21.18.010.