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Kenai Peninsula Borough, AK Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Applies within
50 feet of listed anadromous waters, KPB 21.18.040
Governing mitigation section
KPB 21.18.091
Enforcing agency
KPB Planning Department / River Center
Violation penalty
Each day is a separate offense, KPB 21.50
Permit revocation notice
15 days written notice, KPB 21.18.082

Summary

Outside Kenai Peninsula Borough's cities, erosion and storm water control are enforced only inside the Anadromous Waters Habitat Protection District, the strip within 50 feet of a listed salmon stream or lake. Planning department staff can order 'standard erosion and storm water runoff control measures' under KPB 21.18.091 to fix damage from any project touching that strip; there is no general borough-wide grading or erosion permit.

These county ordinances apply to unincorporated areas of Kenai Peninsula Borough. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Mitigation measures may be required by planning department staff to address impacts to the habitat protection district from a proposed, ongoing, or completed project. These measures may include, but are not limited to:A.Standard erosion and storm water runoff control measures;B.Restoration and maintenance of native vegetation and water quality protection functions; ... D.Removal of non-conforming accessory structures from the habitat protection district;E.Other measures as agreed upon by the planning department and applicant. Examples include removal of seawalls, riprap, jetties, and other structures that may be detrimental to fish habitat; installation of approved bank protection measures; professional evaluation of privately owned waste water treatment system; removal of materials, structures and other items that may be present in the habitat protection district or along the shore.

Full Breakdown

In the Kenai Peninsula Borough outside the cities, the only codified erosion control regime sits in KPB Chapter 21.18, the Anadromous Waters Habitat Protection District. KPB 21.18.040 establishes the district as all land within 50 horizontal feet of the ordinary high water mark of a listed anadromous water, extended to 25 feet back from the top of a cut bank of 60 degrees or more where banks are steep. KPB 21.18.010 finds that bank erosion, bank trampling and unsuccessful remedial attempts have damaged salmon habitat, and KPB 21.18.020 lists decreasing significant erosion and sedimentation among the chapter's purposes.

Under KPB 21.18.091, planning department staff can require mitigation measures for a proposed, ongoing or completed project's impacts to the district, starting with 'standard erosion and storm water runoff control measures' and extending to restoration of native vegetation, removal of non-conforming accessory structures, or agreed measures such as removing seawalls and riprap or evaluating a failing septic system. Conditional use permits issued under KPB 21.18.081 must also meet the general standard that the use will not cause significant erosion or sedimentation. Permits and mitigation plans are filed with the river center, and the planning department can revoke a permit under KPB 21.18.082 after 15 days' written notice if conditions are not corrected.

Violations of the chapter are enforced under KPB Chapter 21.50, with each day of continuing violation counted separately under KPB 21.18.110. None of this applies to grading or erosion outside the 50-foot habitat strip; the borough has no general building or grading code, so an inland construction site is not subject to a borough erosion permit.

Violations & Fines

Erosion or vegetation removal inside the habitat protection district without an approved mitigation plan is enforced under KPB Chapter 21.50, with each day of continuing violation treated as a separate offense under KPB 21.18.110. The planning department can revoke a conditional use permit for noncompliance under KPB 21.18.082 after 15 days' written notice to the permittee, and a denied conditional use application cannot be resubmitted for two years absent a substantial change in circumstances under KPB 21.18.081(F).

Frequently Asked Questions

Does the borough require an erosion control permit for construction outside the cities?
Only inside the Anadromous Waters Habitat Protection District, the strip within 50 feet of a listed salmon stream or lake under KPB 21.18.040. There, KPB 21.18.091 lets planning department staff require 'standard erosion and storm water runoff control measures' as a mitigation condition on a project. Outside that 50-foot strip the borough has no general grading or erosion ordinance.
What happens if erosion control measures are not followed?
The planning department can revoke a habitat-district permit under KPB 21.18.082 after giving the permittee 15 days' written notice of a revocation hearing, and violations of KPB Chapter 21.18 are enforced through KPB Chapter 21.50, with each day of a continuing violation counted as a separate offense under KPB 21.18.110.
Where does the habitat protection district apply?
It covers all land within 50 horizontal feet of the ordinary high water mark of waters listed in the state's anadromous fish catalog and named in the KPB 21.18 Appendix, per KPB 21.18.040. On steep cut banks of 60 degrees or more, the district extends to 25 feet back from the top of the bank instead.

Sources & Official References

Other rules in Kenai Peninsula Borough

All Kenai Peninsula Borough rules

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