HOMER CITY

BEACH POLICY

JUNE 20, 2001

AMENDED BY THE HOMER CITY COUNCIL JUNE 25^th, 2001 via Resolution 01-44(A).

General Recommendations for Homer Beaches

(applying to all areas)

1. Identify and improve access points to beach

Improve Access: Crittenden Dr., Ocean Dr., Spit, Kachemak Dr.

Heavy impacts are created by a large number of people accessing the

beach at a small number of places. By finding, improving and

publishing all public beach access points, we will diffuse the impacts and

provide a more enjoyable experience to all.

2. Encourage the elimination of unsightly waste on properties near the beach by working with

owners.

Several highly visible properties have allowed the accumulation of waste and

industrial junk. The City has also allowed this to occur on City land, and

should lead the way in the cleanup effort.

3. Signage should be advisory, educational and cautionary in nature.

We recommend a positive and informative tone to all signs.

Mud Flats, Berms & Driftwood (Example)

Help build our beach berms and protect our critical habitat areas.

Please do not drive on or remove any material from the storm berms. The

grasses growing here provide habitat and are an important part of berm

stabilization. Driftwood plays an important role in building and protecting

our berms.

The Mud Flats are fragile and important habitat for wildlife. They are

hazardous and off-limits to vehicles and foot traffic.

Encouraging courtesy to other users.

Private property

Please be aware that private property extends 100' or more toward the water from the

high tide line.

Beach Access Point Signs :

Bishops Beach Park, Ocean Dr. Loop, Spit driveways, Airport-Beach Rd, Kachemak Dr.

4. Define "Waste or injury to land" as used in current ordinances

Chief Robl felt that a definition would aid enforcement of the ordinance

prohibiting waste or injury to the tidelands.

HCC 18.28.200 Waste or injury to land. It is unlawful for any person to commit waste or injury upon City-owned tideland and contiguous submerged land and the person so offending shall, in addition to being civilly liable for any damages caused, upon conviction be punished in accordance with Section 1.16.010. (Prior code §21-100.19)

Suggested definition:

Waste or injury to land: Disturbance of ground cover, damage to vegetation, littering or dumping of waste, removal of or damage to any material from a berm, or use of a vehicle in areas designated as prohibited to vehicles.

5. Ask for City Attorney opinion on location of seaward property lines.

Although many people believe property lines stop at a water boundary, it has become apparent this is not the case in Kachemak Bay.

Normal property lines next to the ocean are established at mean high tide, and slow erosion does change boundaries.

The 1964 earthquake caused the sinking of the Spit and Homer area. The

sea flowed over the lowered land. This sudden change is called avulsion

and legally does not change land boundaries. (See attached opinion by State Attorney General)

6. Update current Homer City Code naming Whitney-Fidalgo access road.

HCC Chapter 19.16

VEHICLES ON HOMER SPIT BEACH*

Sections:

19.16.010 General.

19.16.020 Beach area defined.

19.16.030 Use of vehicles-Prohibited.

19.16.040 Violation-Penalty.

19.16.010 General. It is the intent of this chapter to preserve and protect certain beach areas of the Homer Spit from the uncontrolled and ever increasing use of such areas by persons driving wheeled, motorized vehicles thereon. (Prior code 12-600.1).

19.16.020 Beach area defined. For the purposes of this chapter, beach area shall include the zone of sand, gravel and other unconsolidated materials that extends landward from the law water line to the place where there is a marked change in material or physiographic form. (Prior code 12-600.2).

19.16.030 Use of vehicles-Prohibited. a. No person shall operate a recreational vehicle, motorcycle, motor bike, or motor scooter within or upon that beach area as defined in the immediately preceding section located between a line bisecting the Homer Spit at the centerline of the Whitney-Fidalgo access road and the tip of the Spit.

b. For the purpose of this section, recreational vehicle is defined as a self-propelled vehicle having wheels, tracks or rollers that may be operated on land areas located off the public roads. Use of vehicles engaged in commercial activity, as opposed to recreational, is exempted from this prohibition. (Ord. 78-16 1, 1978: prior code 12-600.4).

The Whitney-Fidalgo access road no longer exists. The Beach Policy Task Force also recommends a limited extension of the current "recreational vehicles prohibited" area to reflect harbor expansion and visitor usage patterns.

The intent is to continue to provide residents and visitors a natural experience

in this heavily used area. See recommendation for Area 3.

7. Encourage better enforcement of applicable existing state and local laws.

HCC 19.08 Campgrounds

HCC 19.16 Vehicles on Homer Spit Beach

HCC 18.28.200 Waste or injury to land

Alaska State Traffic Regulations regarding:

DWI

Reckless Driving

Negligent Driving

Basic Speed

Littering

8. Develop and distribute brochures with a coordinated public relations campaign.

It is important to enlist the public in the campaign to keep our beaches

enjoyable for all, to limit the human damage to fragile areas and to minimize friction between user groups. We need everyone's help.

9. Perform an annual assessment of beach health and developing impacts.

City staff & BPTF representatives prepare assessment with reports to City

Manager, City Council, & City Commissions. Each years report is added to original BPTF report with updating photos to create a continuous record.

10.Driftwood from berm areas should not be removed.

Direct City Administration to investigate providing firewood to beach users.

Testimony by scientists emphasized the importance of the natural berm

building process to protect the spit, lagoon and slough. The berms also

provide important wildlife habitat. It was found that driftwood plays an

important role in building and stabilizing berms. Thus, it is hoped that

providing an alternate source of campfire wood for campers serves the

important function of protecting the berms. Driftwood was also described as

an important esthetic enhancement to the beach and a material resource.

11. Find ways of performing beach cleanup.

Include beach cleanup with Homer spring cleanup day.

Develop community service options through the court that includes beach

clean up as public service.

12. Create a Beach Week linked to Shorebird Festival.

The best way to protect our beaches is to celebrate them. The Shorebird

Festival already has many activities that focus on the beach. A Beach Day

would be a natural extension of the Shorebird Festival activities. The beach is

here and used every day of the year.

13. Include proceedings with final report

Publishing the report, proceedings, and the City Council final policy adoption will make this body of work accessible to future groups who will be monitoring beach use and impacts.

Recommendations by Study Area

Following the beach line, East to West:

Area 1 - Miller's Landing to Airport Access Road.

a) Signage (with diagram of berm-slope-flats).

No camping

Please keep vehicles between the storm berm and the mud flats.

All of the areas above high tide (and much below) are private property

and there are no designated camping areas. Voluntary limits to the

areas used by vehicles will help protect sensitive areas.

Area 2 - Airport Beach Access Road to North End of Berm outside of Louie's Lagoon and

Louie's Lagoon

b) Signage - identifying access and informing the public as to where vehicles are

prohibited.

Due to expert testimony, it was agreed by the BPTF that limiting vehicle use

in this area was necessary to protect the fragile habitats from Mud Bay to Louie's

Lagoon.

c) Vehicles should be prohibited in this entire area - outside of access driveways

and parking.

d) Remove clam dredge, satellite dish and pole.

These items are industrial waste on City lands. They disrupt the scenic

vista.

e) Create 3 parking areas at existing driveways.

One at Green Timbers, and two at Louie's Lagoon.

We need more parking and areas for people to access the beach. These

parking areas distribute the impact of beach users, provide safe off-highway parking for vehicles and are close to bird viewing areas. Drift logs or boulders would limit vehicle access to sensitive areas and encourage pedestrian use. Access should be provided

for emergency vehicles. The parking would also be available to users of the Spit

trail. Dredge spoils could be used as a base.

Situate the parking close to Spit Road for aesthetic purposes.

f) Conservation zoning is suggested for all public lands in this area. Much of Area 2 already has a conservation easement.

g) Designate platform area as a park and initiate cleanup of surface debris in Louie's Lagoon.

A layer of soil to cover debris and more grass around the platform is also

recommended. Investigate potential as a bird viewing platform.

h) Reconfigure easement

The current section line easement goes across the mud flat in the bird sanctuary. A reconfiguration would provide better access to the beach, and protection for the sanctuary. As designated on attached map.

Area 3 - From Louie's Lagoon - South to end of Homer Spit and then North to City

Campground across from Fishing Hole

a) Recommend removal of beached barge on HTI property.

b) Use of Vehicles - Prohibited: From a line bisecting the Homer spit at the centerline of the mouth of the Fishing Hole to the tip of the spit. (Amend existing HCC 19.16.030.)

Area 4 - From City Fishing Hole Campground to the Outlet of Mariner Park Lagoon

a) At the Fishing Hole campground building, literature and signage that is interpretive

about the berm building process, encourages courtesy to pedestrians, and states where

vehicles are permitted and directed to the base of the spit, away from no recreational vehicle

area.

b) Signage at a controlled exit from the City Fishing Hole campground to the beach to direct vehicles to the base of the spit, and away from no recreational vehicle area.

c) Define limits to Mariner Park campground by utilizing logs, rocks or other means to restrain vehicles from entering the lagoon. Similar to Parks & Recreation Advisory Commission Draft Master Plan for Mariner park campground, which extends a revetment to protect berms, grasses and tidal mud, with no additional incursion into the lagoon.

Area 5 - Mariner Park Lagoon including the storm berm

a) Signage - to prohibit vehicles in Lagoon and above the high-tide line near the berm.

This is a fragile berm.

b) Signage should also indicate the high potential of vehicles getting stuck in this area.

c) Finish transfer of ownership of parcels to City of Homer.

Two large parcels in Mariner Park Lagoon were obtained by the City from DNR, but the transfer paperwork was not completed.

d) Enact Conservation Zoning and continue work on the conservation easement.

e) Include in annual report an assessment of storm berm condition specifically including pedestrian impacts.

Area 6 - Mariner Park Lagoon outlet (below the berm) to Beluga Slough outlet.

a) Provide signage discouraging motor vehicle usage and encouraging courtesy to

pedestrians.

Vehicle prohibition is not necessary, but use of vehicles in this area often leads to driving or parking on the storm berm.

b) Improve and identify with signage the Ocean Drive Loop beach and Beluga Slough access.

Area 7 - Beluga Slough Outlet to Bishops Beach Park access

a) Support Fish & Wildlife efforts to protect berm and promote rye grass and driftwood buildup.

b) Support Fish & Wildlife work to develop a plan to maintain the ecological integrity of their educational reserve, including possible conservation zoning.

c) Request the Parking Task Force consider ways in which parking can be increased at

Bishop's Beach Park.

d) Signage at Bishop's Beach access designating "Pedestrian Zone, please limit vehicle use East to outlet of Beluga Slough."

This is a heavily used area, and has the greatest potential for conflicts between user groups. We do not wish to prohibit vehicle use, but would rather encourage a separation to enhance user experiences.

e) Unauthorized vehicles are prohibited on the storm berm and in the Beluga Slough area.

Area 8 - West from Bishops Beach Park Access

a) A Kiosk with signage that is interpretive (Visitor information, berms, driftwood, private property, compass rose), encourages courtesy to pedestrians, and that vehicles are permitted to the west towards Anchor Point.

b) Provide signage requesting;

Please do not remove driftwood from storm berms and private property

c) Improve access at Crittenden and at Main Street.

d) Improve Charles Way for better traffic flow.