Chapter 16.08


16.08.010    Statement of Intent and Goals.

16.08.020    Allowed/Prohibited Uses.

16.08.030    Permits and Fees.

16.08.040    Penalties.

16.08.010 Statement of Intent and Goals.

A.    The Municipality of Skagway recognizes that the Dyea Flats is an area of local, State and national importance. Its historic vale as the "gateway" to the Klondike Gold Rush of 1898 has warranted its inclusion in the Klondike Gold Rush National Historic Park and it’s designation as a National Historic Landmark. An area of scenic beauty and uncommon open space, the Flats is also valued highly by Skagway residents and visitors to the National Park for its recreational and scenic values and for the opportunity it provides to escape the city environs during the busy summer months. The tidal flats have also been recognized for their biological diversity and the habitat that they provide for waterfowl and other fish and wildlife.

B.    It is the Municipality of Skagway’s intent to be a responsible steward of the resources and vales of the Dyea Flats in perpetuity. The citizens of Skagway are fond of the Flats as a familiar place for recreation and relaxation. Public testimony and responses to opinion surveys echoed with stories of recreation activities on the Flats and strong statements regarding the need to keep the Flats in public ownership because of its historical, natural and recreational values.

C.    The municipality believes that Skagway residents’ use of the Flats for recreation is an extremely important local "public use" that should receive full consideration, along with the interests of the State and national "public," in decisions regarding ownership and management of the area. The municipality also recognizes that the Flats have State and national significance-particularly due to the historic events which took place there nearly 100 years ago, and the artifacts that remain from that time. The Flats are integrally connected to the other historic properties in the National Park, and will be managed by the municipality with that consideration.

D.    It is the municipality’s intent to keep the Dyea Flats in public ownership. The Municipality of Skagway will implement this Land Management Plan, in cooperation with the National Park Service, the State of Alaska, other Dyea property owners, and the public.

(Ord. 12-03, Amended, 03/01/2012; Ord. 99-28, Added, 11/18/1999)

16.08.020 Allowed/Prohibited Uses.

In order to protect the scenic, historical, ecological and archaeological resources of the Dyea Flats, the following allowed and prohibited uses are adopted.

A.    Allowed Recreational Uses (non-commercial)

1.    Walking, Skiing, Bicycling, Snowshoeing

2.    Boating, Canoeing, Rafting, Kayaking

3.    Interpretation, Public Education

4.    Picnicking

5.    Remote control airplanes in designated areas

6.    Fishing, Hunting, Trapping (in compliance with State/Federal regulations, restricted to small game and water fowl as defined by Alaska Fish & Game)

7.    Bird watching

8.    Edible plant gathering

9.    Beach log and seaweed harvest for personal use

10.    Horseback riding

11.    Use of road legal vehicles on designated roads

12.    Use of off-road all terrain vehicles (ATV’s) on designated roads and off-road in designated areas.

13.    Camping, (including recreational vehicles) in designated camping areas

14.    Campfires in provided campfire rings

15.    Snow machine use on roads and off-roads in designated areas when adequate snow cover is present to protect underlying vegetation.

B.    Allowed Recreational Uses With Permit

1.    Use of the Flats by organized groups for "allowed uses" in 16.08.020(A)

2.    Camping outside of designated areas

3.    Research and inventory related to historic and biological resources

4.    Use of the Flats for low impact special events, particularly those that benefit non-profit groups.

5.    Commercial recreational uses as provided in 16.08.020(C).

C.    Commercial Uses. There shall be no pre-existing rights. Commercial Recreational Uses are allowed by permit with the following provisions:

1.    Designation of Areas Open to Commercial Uses. The borough assembly shall, by resolution, establish an area(s) on the Dyea Flats which shall be the portion of the Flats to which commercial use will be confined.

2.    Dyea Flats – Commercial activity is prohibited on the Dyea Flats except for the two (2) existing permit holders providing non-motorized horse and bicycle tours through their existing ownership.

a.    There shall be a review by the borough assembly after five (5) years;

b.    Maximum group size of 12;

c.    Each vendor is limited to two (2) tours on the Flats at one time and only one (1) tour south of the northern most parking area;

d.    Total passenger volume will not exceed that of each operator’s 1999 visitor volume for product sold on the Dyea Flats;

e.    Other elements of the "Agreement for Limited Commercial Use of the Dyea Flats" shall be directly negotiated with each vendor;

f.    Conditions of the contract with each vendor shall be subject to borough assembly approval; and

g.    There shall be an annual review of each vendor by the Dyea Community Advisory Board following the end of the tourist season each year.

3.    General Provisions

a.    Permit holders are responsible for complying with all State, Federal and local laws applicable to their activities.

b.    Permit holders shall reimburse the Municipality of Skagway for any damages to municipal property caused by the permit holder’s activities.

c.    Permit holders shall have in their possession at all times the permit issued pursuant to this section.

d.    Permit holders, as a condition of receiving a permit, shall execute an instrument under the terms of which the permit holder will agree to indemnify, defend and hold harmless the Municipality of Skagway from any and all claims for injury or damage to person or property as a result of the permit holder’s activities.

e.    Prior to issuance of a permit, the prospective permit holder must provide the Municipality of Skagway with a certification of insurance showing the permit holder has obtained at least five hundred thousand dollars ($500,000) combined single limit public liability insurance. This certificate must establish that the municipality is named as an additional insured on such policy, and that the insurer thereof shall notify the municipality twenty (20) days before the policy is modified, canceled, or terminated.

f.    Permit holders are responsible for compliance with permit conditions. Any person listed on a permit issued shall be deemed to be jointly and severally liable for any violation of this chapter by any person or employee operating under the permit.

g.    Each permitted operator shall provide on an annual basis following each season, a report to the municipality of the commercial activity of that season. Such report shall include daily volumes, monthly totals, and seasonal totals of activity.

h.    Permits authorized under this chapter are not transferable, and shall revert back to the municipality in the event of any abandonment or failure to perform.

i.    Permits may be terminated by the municipality at any time.

D.    Prohibited Uses

1.    Commercial activities including tours not permitted, rentals, retail sales or any other uses where compensation is made or offered.

2.    Grazing

3.    Unrestricted road vehicles and ATV access

4.    Camping outside of designated areas without a municipal permit

5.    Subdivision and/or sale of public lands

6.    Residential, industrial and commercial structures or other intensive developments

E.    Campground Provisions

1.    Campers are required to self-register at the established kiosk and to familiarize themselves with burn restrictions and possible animal problems in the area.

2.    Camping shall be limited to a total of 14 days within a 45 consecutive day time frame. Long-term camping is prohibited. For the purposes of this section long-term camping means a duration of more than 14 days within a 45 consecutive day time frame.

3.    Collection of registrations shall be once each week by Public Works employees while picking up the trash.

(Ord. 12-03, Amended, 03/01/2012; Ord. 99-28, Added, 11/18/1999)

16.08.030 Permits and Fees.

A.    Permits – The borough manager shall establish a system for the permitting of uses requiring such permits as identified in section 16.08.020(B) above, except that the borough assembly shall by resolution establish the permit requirements for commercial uses of Dyea Flats. Permits shall be obtained prior to the conduct of any of the intended uses.

B.    Fees – The borough assembly shall establish by resolution a schedule of fees for uses of the Dyea Flats, when and if such fees are determined necessary.

(Ord. 12-03, Amended, 03/01/2012; Ord. 99-28, Added, 11/18/1999)

16.08.040 Penalties.

Any violation of this code is a non-criminal infraction, punishable by a civil penalty up to three hundred dollars ($300) per violation. Each act or violation and every day upon which a violation occurs or continues constitutes a separate offense.

(Ord. 99-28, Added, 11/18/1999)