City of Homer

Planning & Zoning Telephone (907) 235-3106

491 East Pioneer Avenue Fax (907) 235-3118

Homer, Alaska 99603-7645 E-mail Planning@ci.homer.ak.us

Web Site www.ci.homer.ak.us

MEMORANDUM 07-02 (A)

TO: MAYOR HORNADAY AND HOMER CITY COUNCIL

THRU: WALT WREDE, CM, BETH MCKIBBEN, CITY PLANNER

FROM: JULIE ENGEBRETSEN, PLANNING TECHNICIAN

DATE: JANUARY 2, 2007

SUBJ: RESOLUTION 07-09 WETLANDS

In 2003, the City of Homer was awarded a grant by the US Environmental Protection Agency (EPA). As part of this grant, the City contracted with the Kenai Watershed Forum to map the Homer wetlands. Next, the city worked with a group of scientists to analyze the wetlands (called a ‘functional assessment’). The attached documents provide the methods and questions used in this analysis. Very simply, the result of the analysis was the identification of which wetlands are low, moderate or high value.

The purpose of the resolution is twofold. First, by adopting this resolution, the City of Homer accepts the wetlands scores, and the analysis of which wetlands are low, moderate or high value. This information will be used by the Army Corps of Engineers (ACOE) for their regulation of projects that propose to fill wetlands. Every five years, ACOE reviews the “nationwide permits,” which is a regulation that allows certain activities in wetlands, without a long permit process. The current review was completed in the fall of 2006. Next, ACOE reviews the “regional conditions” for nationwide permits. ACOE is reviewing these regional conditions now. It is these “regional conditions” that allow ACOE to regulate different parts of the country in a manner that is appropriate for its geography and citizens. Residents of New Orleans have different wetland issues than those in Homer. By adopting this resolution, it provides comment to ACOE about which Homer wetlands merit more review when development is proposed, and those that may not. If ACOE incorporates the wetland ranking of low, moderate and high value into their regional conditions, it is binding for five years, when the review process will start again.

These comments only apply to projects under ½ acre in size. Generally, this would affect projects such as single family home construction. The comments and map would not affect a project like Fred Meyer, which would fill a much larger area and would have a complex permit process. The result of the City adopting this resolution, would be that ACOE would ask for other agencies like EPA and Fish and Wildlife to comment on proposed projects within moderate or high value wetlands under ½ acre. There is no added cost for the permit to the applicant. A permit could take up to an additional 25 days to be approved, and there may be additional conditions placed on the wetland fill permit.

Second, by adopting the Resolution, planning staff can begin a community discussion about future wetlands management based on this scientific information. This public process will help staff complete other grant related tasks. While a resolution is not required for staff to do this work, it does help draw attention to the issue and create a timeframe to work within.

Why pass this resolution?

The federal government regulates placing fill in wetlands. The goal of these federal regulations is to protect the biological, chemical and physical properties of Waters of the United States.

If this resolution passes, it will have the following effect: The federal government (ACOE) will do a more comprehensive job in reviewing applications for moderate and high value wetland projects, based on the scientific analysis of Homer wetlands. Land owners would know up front how much time their application may take, and what the wetland concerns are, by knowing how their wetland scored, and if it was low, moderate or high value wetland. In addition, staff and the public can start a dialogue about what kind of local regulation and decision making there should or should not be about development of wetlands.

Failure to pass the resolution will result in the following: the decisions of which wetlands merit more review will be made by the federal government (ACOE), outside the community. Land owners would not know if their permit will be issued in a short time, or potentially take more time due to agency review. Staff would not be able to answer if a wetland was low, moderate or high value. People looking to buy land would have no knowledge prior to purchase if their lot may require a lengthier ACOE permit when they develop.

By passing this resolution, the sensitive wetlands of Homer and the Bridge Creek Watershed Protection District will be better managed. Passage would also allow staff and the Planning Commission to work with the public to see if additional wetland regulation is desired, and if so, how to go about it in a way that maximizes the public benefit while minimizing the regulation placed on private land owners.

Things to note:

A land owner always has the right, and is encouraged, to contact ACOE to find out exactly where the wetlands are on their property. The wetland locations shown on the attached map are not binding. The binding part of the resolution, if wetlands are present, is the designation of low, moderate or high value.

This resolution does not affect the City’s current General Permit – it is a completely separate issue. However, if the City applied for a General Permit in the future, which would allow local permitting of small wetland fill projects, the city would need to adopt this or another similar resolution.

Recommendation: Move to conduct a work session with various federal agencies and a public hearing on first meeting in February, (02/12/07), and vote on the resolution on the first meeting in February, (02/12/07).

Fiscal note: Staff time and advising costs