SECTION 1. FEDERAL AND STATE PERMITS AND INFORMATION

U.S. Army Corps of Engineers (Corps)

Any person, firm, or agency (including Federal, State and Local government agencies) planning to work in navigable waters of the United States, and/or discharge (dump, place, deposit) dredged or fill material in waters of the United States, including wetlands, must first obtain a permit from the Corps. The Corps is responsible for determining whether an area is a jurisdictional water of the U.S. In addition to evaluating permit applications, the Corps also investigates and resolves violations for situations where a permit was not obtained. The Regulatory Division’s web site is: www.poa.usace.army.mil/reg

For further information regarding projects near the Seward Highway corridor (Hope, Summit Lake, Moose Pass Seward, etc.), contact the Corps by mail: Department of the Army, U.S. Army Engineer District, Alaska Regulatory Division, P.O. Box 6898, Elmendorf AFB, Alaska 99506 or by phone toll free at 1-800-478-2712.

For further information regarding projects near the Sterling Highway corridor (Cooper Landing, Sterling, Soldotna, Kenai, Clam Gulch, Homer, etc.) and south of Kachemak Bay (Halibut Cove, Seldovia, Port Graham, etc.), contact the Corps’ Kenai Field Office by mail at 805 Frontage Road, Suite 200C, Kenai, Alaska 99611 or by phone at (907) 283-3519.

U.S. Environmental Protection Agency

The Environmental Protection Agency provides financial and technical assistance to local, state and tribal governments interested in developing aquatic resource protection plans. Aquatic resources include wetlands, rivers, lakes, ponds, marine waters and all other waters of the United States.

The local EPA office also provides assistance to the Corps of Engineers in review of projects that are proposed in Waters of the United States. EPA assists the Corps in Clean Water Act enforcement by pursuing cases that involve repeat and recalcitrant violators. Waste water violations and other programs are pursued out of the Anchorage and Seattle offices but the local office can assist in making those contacts.

The EPA manages storm water permits that are required for all construction projects that disturb over one acre of land and for all subdivisions over 1 acre. Permit applications are available on line and at the Donald E. Gilman River Center.

Contact information: Phillip A. North, U.S. EPA Watershed Coordinator, (907) 714-2483, Donald E. Gilman River Center, 514 Funny River Road, Soldotna, Alaska, 99669. Additional information is at: http://www.kenairivercenter.org/Agencies/EPA/EPA.html

U.S. Environmental Protection Agency, Region 10, Alaska Operations Office, 222 West Seventh Avenue, Anchorage, AK 99513-7588 or (907)271-5083. Additional information is available at http://www.epa.gov/region10/

U.S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite 900, Seattle WA 98101 or 1-800-424-4EPA or (206) 553-1200. Additional information is available at: http://www.epa.gov/region10

State of Alaska, Dept. of Fish & Game

The Division of Habitat is a unit of the Alaska Department of Fish and Game. Effective July 1, 2008, fish habitat permitting, Forest Resource and Practices Act Review, and other project review functions were transferred from the Department of Natural Resources to the Department of Fish and Game. Contact information: Susan Chihuly, Administrative Clerk, Donald E. Gilman River Center, 514 Funny River Road, Soldotna, Alaska 99669, (907) 714-2478.

Additional information is at: http://www.kenairivercenter.org/Agencies/ADF&G/ADF&G.html

State of Alaska, Department of Public Safety

A State building permit is required for all commercial buildings and all residential structures containing four or more dwelling units. This permit is required at any location in the State. The State Fire Marshal issues permits after appropriate plans and specifications are submitted and approved. Exception: The following jurisdictions have accepted a deferral for total code enforcement and plans should be submitted directly to the city: City of Kenai, Soldotna, and Seward.

Information and applications are available at State Fire Marshal, 5700 East Tudor Road, Anchorage, Alaska 99507: http://www.dps.state.ak.us/fire (907) 269-5511 or 907-269-5491.

State of Alaska, Department of Environmental Conservation

The Alaska Department of Environmental Conservation (ADEC) provides and enforces standards for water quality and waste disposal. For information specific to domestic water wells and septic systems, contact the local ADEC office at the Red Diamond Center, 43335 Kalifornsky Beach Road, Suite 11, Soldotna AK 99669 (907) 262-5210.

ADEC has a web site with links to information for septic systems, water wells, solid waste, etc.: http://www.state.ak.us/dec/divs_contacts/index.htm

CITIES OF HOMER, KENAI, SELDOVIA, SEWARD, SOLDOTNA, AND KACHEMAK CITY

In addition to State requirements, each city has building permits and setback requirements. Contact the individual city for additional information.

SECTION 2. KENAI PENINSULA BOROUGH PERMITS AND INFORMATION

Local Option Zoning Districts (KPB 21.44)

Lands and subdivisions within local option zoning districts may be subject to permit requirements and building restrictions. As of this revision, there are eight local option zoning districts. Please consult the Kenai Peninsula Borough Planning Department to see if there is any newly approved zoning districts not listed below. Please consult the KPB Code of Ordinances for a complete description of each zoning district, and of the building requirements and development standards that pertain to each district. Maps of all local option zoning districts are available in the Planning Department.

1. College Heights KPB 21.09, Section 2, T4N R11W, S.M., AK, Base Map KS 3. Comprised of certain lots within College Heights Subdivision.

2. Keystone Estates KPB 21.42, Section 35, T5N R10W, S.M., AK, Base Map KR 17. Comprised of certain lots within Keystone Estates Subdivision.

3. North Fork One KPB 21.40, Sections 2 & 3, T5S R15W, S.M., AK, Base Map AR 29 & 32. Comprised of certain parcels of land located in Sections 2 & 3, T5S R15W, and certain lots in the following Subdivisions, Trident Subdivision, Spruceridge Subdivision, and Butterfly Meadows.

4. Ten Mar Ranch KPB 21.44 & 21.46.040 A.1., Section 18, T5N R9W, S.M., AK, Base Map KR 9. Comprised of Ten Mar Ranch Subdivision.

5. Diamond Ridge KPB 21.44 & 21.46.089 A.1., Sections 4 & 9, T6S R14W, S.M., AK, Base Map AR 67. Comprised of certain parcels of land located in Sections 4 & 9, T6S R14W, and certain lots in the following subdivisions, Smurfy Acres, Sunny Slope Subdivision, Cundiff Subdivision, and Alaskan Wilderness Tract A (a deed of record boundary survey).

6. Russian Gap KPB 21.44 & 21.46.030 A.1. Section 30, T5N R2W, S.M., AK, Base Map CL 4. Comprised Russian Gap Subdivision and any further replats.

7. Birch & Grouse Ridge KPB 21.44 & 21.46.030 A.2. Sections 28 & 29, T5N R3W, S.M., AK, Base Map CL 2 & 3. Comprised of Birch & Grouse Ridge Subdivision and any further replats.

8. Grande View Heights KPB 21.44 & 21.46.040 A.2. Section 36, T5N R10W, S.M., AK, KR 17. Comprised of Grande View Heights Subdivision Phase 1 and any further replats.

9. Funny River Grove, KPB 21.46.040, SW1/4, Section 24, T5N, R9W, S.M., AK, Base Map KR 15. Comprised of Funny River Grove Subdivision and any further replats.

10. Percy Hope KPB 21.26.050, Section 27, T10N R02W, S.M., AK Base Map Hope 1. Comprised of lots 1-6 and 8-13, Percy Hope Subdivision Preliminary Plat, KPB File No. 2008-129, and any further replats.

11. Discovery Park KPB 21.46.050, Section 34, T10N R02W, S.M., AK Base Map Hope 1. Comprised of lots 1-14 Discovery Park Subdivision Preliminary Plat, KPB File No. 2008-108, and any further replats.

Floodplain Development Permits (KPB 21.06)

A Floodplain Development Permit is required before construction or development of any kind begins, within designated floodplain areas. Floodplain information is available at the Donald E. Gilman River Center, 514 Funny River Road, Soldotna, AK 99669, (907) 714-2464.

The following web site contains additional floodplain information: http://www.kenairivercenter.org/Agencies/Floodplain/Floodplain.htm

The cities of Homer and Seward have enacted their own floodplain management code and need to be contacted directly for special development standards.

50-Foot Anadromous Stream Habitat Protection Areas (KPB 21.18)

A permit may be required for construction, major vegetation clearing and other development activities within 50-feet of the following Anadromous water bodies: Anchor River, North Fork Anchor River, Beaver Creek, Bishop Creek, Bradley River, Chickaloon River, Deep Creek, English Bay River, Fox River, Funny River, Kasilof River, Kenai Lake, Kenai River, Killey River, Upper Killey River, Moose River, Ninilchik River, Quartz Creek, Russian River, Slikok Creek, Soldotna Creek, Stariski Creek, Seldovia River, Seven Egg Creek, and Swanson River.

Permit information is available from the Donald E. Gilman River Center, 514 Funny River Road, Soldotna, AK 99669, (907) 714-2465. Addition information is at: http://www.kenairivercenter.org/Permits/PermitDescriptions.html

Road and Driveway Construction (KPB 14)

A permit is required to construct a road, driveway or any other miscellaneous work performed within a dedicated right-of-way. Each city has their own permits and requirements within city limits. For permits and requirements on state roads, contact the State of Alaska, Department of Transportation.

The Kenai Peninsula Borough Road Service Area issues permits for Borough right-of-ways. The office is located at 47140 East Poppy Lane, Soldotna, Alaska, (907) 262-4427. A copy of the Right-of-Way Construction Permit and additional information is available at http://www.borough.kenai.ak.us/roads

Material Site Permits (KPB 21.26)

A conditional land use permit is required before extraction or operation of a material site. The Kenai Peninsula Borough Planning Department issues these permits (907-714-2206). The following web site has information on material site permits: http://www.borough.kenai.ak.us/planningdept/material.htm

Coastal Management Program

A website describing the Kenai Peninsula Borough Coastal Management Program, enforceable policies, and current review activity may be viewed at: http://www.kenairivercenter.org/Agencies/coastal/UnderReview.htm

The Kenai Peninsula Borough Coastal District includes all lands below 1000 feet in elevation and all coastal waters seaward to the 3-mile limit of state jurisdiction. A coastal consistency review is required if an activity requires an authorization from one or more state resource agency or a federal authorization.

To help determine whether state or federal permits are necessary for a project, applicants should fill out a Coastal Project Questionnaire, which can be found at: http://www.kenairivercenter.org/Agencies/coastal/kpbcoastal.htm

Assistance in determining whether your project requires a coastal consistency review is available from the Donald E. Gilman River Center (907) 714-2216 and the Alaska Division of Governmental Coordination, Anchorage, Alaska (907) 269-7470.

Wastewater Disposal

Soils reports with typical disposal system designs for subdivision plats approved under KPB Chapter 20.14 Wastewater Disposal may be on file with the Borough Planning Department. No permits are required by the Borough for wastewater disposal systems. Contact the State of Alaska, Department of Environmental Conservation for additional information about wastewater disposal requirements.

Plat Notes

Prior to development on any lot within a subdivision, the recorded plat should be checked for notes applicable to development and use of the property. Plats approved by the Borough after 1980 are subject to a 20-foot building setback along rights-of-way. Plats approved prior to that date should be checked for a specific setback.

Easements, Covenants, Restrictions

The developer should determine if any easements, covenants or restrictions are filed with the appropriate recording district, which may affect development of the property.

PLEASE NOTE: This listing is compiled of best available sources. The KPB assumes no responsibility for errors or omissions on this information sheet. People are advised to contact the individual Federal and State agencies for up to date information on regulations and permits.