MSB Waterbody Setback - below is a SUMMARY of the draft Resolution and Ordinance that was developed by the Waterbody Setback Advisory Board, which is now open for public review and comment. FULL DOCUMENT can be found at:
matsugov.us/boards/waterbody-setback-advisory-board/resolutions
Please submit all public comments to [email protected] by January 21, 2025.
What is a Waterbody Setback? A set distance from a waterbody for structures
Purpose:
“The intent of the waterbody setback is to preserve the integrity of
the Borough’s lakes, streams, rivers, and wetlands by maintaining
and improving water quality, shore cover, fish and wildlife habitat,
and aesthetic values.”
Specific code change recommendations:
Homes previously built in violation of the 75-foot waterbody setback of a lake can become legal provided: The building is at least 45 feet from the lake The building was constructed between 1987-present Certain standards are met including a cap on impervious surface, establishment of a riparian buffer, and
capture of runoff associated with the development
Going forward: mechanized land clearing within 75 feet of a waterbody requires a land use permit
with provisions for a cap on impervious surface, establishment of a riparian buffer, and capture of
runoff associated with the development
New general standards apply within 75 feet of all waterbodies including setbacks for: Kennels, stables, animal yards and animal waste facilities Paved vehicle parking areas Liquid hazardous substances Removal of vegetation Application of fertilizers or pesticides Stockpiling of imported snow
Petroleum storage tanks built within 75 feet of a waterbody will have five years to be either non- gravity fed or have secondary containment in place
Setbacks apply to more than just “habitable"
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