Kenai Peninsula Borough
Anadromous Stream Habitat Protection
Protecting salmon spawning and rearing habitat within the Kenai Peninsula Borough
On May 16, 2000, the Kenai Peninsula Borough (“KPB”) Assembly amended the existing Kenai River 50-foot Habitat Protection Area to include 24 additional salmon streams on the Peninsula.
To read the Habitat Protection Ordinance, click here.
Why Did the Assembly Pass this Law?
The 50-foot Habitat Protection Area was established in an effort to proactively protect a valuable public resource: salmon spawning and rearing habitat. As the population on the Peninsula continues to grow, the land and vegetation along our fish streams are increasingly affected by numerous factors such as trampling, clearing, erosion, pollution, wetland fill and drainage, excavation and construction.
Why is the Habitat Protection Area Important?
The plant life (or “riparian vegetation”) that grows adjacent to streams serves many important functions and is essential to healthy fisheries. Streambank vegetation provides food and cover for a variety of fish and wildlife, reduces erosion, contributes to stream bank stability, moderates the effects of stormwater runoff and flooding, and protects property values. The bottom line? Protecting existing riparian vegetation and restoring damaged vegetation is important and has many benefits for all of us.
Which Streams are Affected?
The following streams are subject to the 50-foot habitat regulations:
| Kenai River, Kenai Lake and Skilak Lake | Kasilof River |
| Beaver Creek | Fox River |
| Funny River | Bishop Creek |
| Killey and Upper Killey Rivers | Ninilchik River |
| Moose River | Bradley River |
| Quartz Creek | Seldovia River |
| Russian River | Chickaloon River |
| Slikok Creek | Seven Egg Creek |
| Soldotna Creek | Stariski Creek |
| Trail River | Deep Creek |
| Anchor River | Swanson River |
| Anchor River, North Fork | English Bay River |
What Kinds of Projects Require Permits?
Allowable activities within the 50-foot habitat protection area include minor vegetation management, construction of light penetrating gratewalks, platforms, steps, floating docks, and fish cleaning stations. However, to ensure compliance with applicable regulations and to obtain any necessary permits, a permit application form must be submitted to the Kenai River Center describing the location and the project plan before starting work.
Activities that are prohibited include major land and vegetation clearing, excavation, filling, building construction, commercial recreational uses, and any other activity that causes significant erosion or damage to riparian habitat, or results in -- or increases -- ground or water pollution. In some cases, limited development is permitted through the issuance of a conditional use permit. Conditional Use Permits are approved or denied by the Planning Commission.
In addition, new restrictions apply to the installation or replacement of fuel storage tanks and logging activities within the mapped 100-year flood plain.
Are There Any Activities That Don’t Require a Permit Under This Chapter?
Yes. These activities include private non-commercial recreational uses that do not involve construction, excavation or fill of land, or projects that are regulated by the Alaska Department of Natural Resources (State Parks Division and Office of Habitat Management and Permitting), the Alaska Department of Fish & Game, U.S. Army Corps of Engineers, and other applicable agencies.
What About Jobs Already Underway?
Activities conducted and structures under construction or in use before the adoption of the Borough's Habitat Protection ordinance are grandfathered and are not affected by this ordinance; however, compliance with all other applicable laws is required.
Are Project Costs Eligible for Reimbursement?
Habitat protection and restoration projects may be eligible for a KPB tax credit. The tax credit is a partial credit on land assessments. Projects must be pre-qualified before beginning construction. In addition to tax credits, project funding may be available from other sources for select projects that protect property while providing or restoring fish and wildlife habitat. These include, but are not limited to, bank stabilization, the revegetation of eroded banks, and the removal of structures detrimental to salmon habitat, such as jetties and bulkheads.
Contact the Kenai River Center at (907) 260-4882 for further information, permitting guidelines and program eligibility requirements.
Who Can Answer My Questions?
Because the information provided here is not all-inclusive, and projects and their potential impact on habitat differ on a case-by-case basis, you are encouraged to contact the Kenai River Center in advance to discuss and receive guidance related to your specific project.
The River Center is open Monday through Friday from 8 a.m. to 5 p.m. Feel free to contact us with any questions you might have. We’re here to work with you!
What is the Kenai River Center?
The Kenai River Center is a multi-agency permitting, information, and education center. Four agencies and a non-profit organization are working cooperatively to protect the rivers of the Kenai Peninsula, their watersheds, and their fish and wildlife resources.
Who is at the Center?
Kenai Peninsula Borough, Planning Department (Resource Planning, Coastal Zone Management and Floodplain Administrator)
Alaska Department of Fish and Game, Habitat Division
Alaska Department of Natural Resources, Division of Parks and Outdoor Recreation (State Parks)
U.S. Environmental Protection Agency
Kenai Watershed Forum
The River Center also routinely coordinates projects with the cities of Kenai and Soldotna, the U.S. Army Corps of Engineers, and the U.S. Fish & Wildlife Service, among others.
How can the River Center help me?
If you own or manage land in the Kenai River Watershed or one of the other habitat protection areas, the staff at the Center can advise you how to best utilize your property while providing valuable habitat for juvenile salmon.
We are available to make “house calls” to review and assess your specific project needs. Please call us to set up an appointment.