Chapter 16.14


16.14.010    Statement of intent and goals.

16.14.020    Description of area.

16.14.030    Allowed/prohibited uses.

16.14.040    Permits and fees.

16.14.050    Penalties.

16.14.010 Statement of intent and goals.

A.    The municipality of Skagway recognizes that the Nahku Bay Conservation Area (NBCA) is an area of local, regional and state significance. An area of historic importance and scenic beauty, the Nahku Bay Conservation Area is valued highly by Skagway residents and visitors for its recreational and scenic values and for the rare opportunity it provides for a wilderness experience in a wild, rustic, and natural environment. Since previous land owner Bud Matthews’ death, public testimony and responses consistently indicate overwhelming support for public ownership of the area by the municipality of Skagway and for the protection of its significant natural, scenic, and recreational uses and values. It is the intent of the municipality of Skagway to preserve the historic and traditional uses, intrinsic values and the spirit of Bud Matthews and his land, while maintaining minimal change to the Nahku Bay Conservation Area, and to be a responsible steward in the protection of its resources.

B.    The municipality believes that traditional uses of the Nahku Bay Conservation Area for recreation, quiet and solitude is an extremely important local public use that should receive full consideration regarding ownership and management of the area.

C.    It is the municipality’s goal to preserve the Nahku Bay Conservation Area, to maintain its public ownership and to preserve the traditional and historic recreational uses of the area. To this end, the municipality of Skagway shall implement this land management plan, in cooperation with the state of Alaska, other adjoining property owners and the public.

(Ord. 18-06, Amended, 04/19/2018; Ord. 17-02, Added, 04/06/2017)

16.14.020 Description of area.

The "Nahku Bay Conservation Area" is defined as those municipal lands encompassed within U.S. Survey 3307. The "beach area" is defined as those municipal lands within U.S. Survey 3307 located at the head of the Nahku Bay inlet and south of the Dyea Road. The "Matthews Creek Area" is defined as those municipal lands within U.S. Survey 3307 north of the Dyea Road.

(Ord. 18-06, Amended, 04/19/2018; Ord. 17-02, Added, 04/06/2017)

16.14.030 Allowed/prohibited uses.

In order to protect the scenic, historical, ecological and archaeological resources of the Nahku Bay Conservation Area, the following allowed and prohibited uses are adopted:

A.    Allowed Recreational Uses (Noncommercial).

1.    Walking, skiing, bicycling, snowshoeing;

2.    Boating, canoeing, rafting, kayaking, stand-up paddle boarding;

3.    Off-leash dog walking;

4.    Interpretation, public education;

5.    Picnicking;

6.    Beachcombing;

7.    Swimming;

8.    Remote control airplanes;

9.    Fishing (in compliance with state/federal regulations):

10.    Bird/wildlife watching;

11.    Edible plant gathering;

12.    Driftwood and seaweed harvest;

13.    Horseback riding, in beach area only;

14.    Fire in provided fire ring in beach area;

15.    Other traditional/day use recreation uses compatible with the management intent of the area.

B.    Allowed Recreation Uses with Permit (Noncommercial).

1.    Use of the Nahku Bay Conservation Area by organized groups for "allowed uses" (as in subsection (A) of this section);

2.    Research and inventory related to historic and biological resources;

3.    Use of the Nahku Bay Conservation Area for low impact special events, particularly those that benefit nonprofit groups;

4.    Use of the Nahku Bay Conservation Area for public safety training, such as cold water rescue and kayak safety; provided, that users dispose of waste properly, take steps to minimize site alteration, minimize fire impacts, and generally strive to return the site to the state in which it was found.

C.    Commercial Uses. There shall be no preexisting rights. Commercial recreational uses are allowed by permit with the following provisions:

1.    Commercial activity is prohibited in the Nahku Bay Conservation Area except for permit holders for low impact, sustainable harvesting of plants, driftwood and seaweed for cottage industry usage.

a.    Exempt from subsection (C)(4)(e) of this section.

2.    Commercial activity is prohibited in the Nahku Bay Conservation Area except for permit holders providing cold water rescue and kayak safety training.

a.    The number of permit holders shall be restricted to four (4);

b.    Maximum group size of twelve (12);

c.    Each vendor is limited to one (1) training in the Nahku Bay Conservation Area at one (1) time and only two (2) per year;

d.    Other elements of the "Agreement for Limited Commercial Use of the Nahku Bay Conservation Area" shall be directly negotiated with each vendor through the borough manager;

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

f.    There shall be an annual review of each vendor by the borough manager following the end of the tourist season each year.

3.    Commercial activity is prohibited in the Nahku Bay Conservation Area except for summer season log cabin rental and daily A-frame rental.

a.    Rental of the log cabin and A-frame are exempt from subsection (C)(4)(e) of this section.

b.    The A-frame shall be available to rent on a daily basis to nonprofit groups. The A-frame shall not be used for housing. The borough manager shall provide written guidelines for use of the cabin, provide forms for requesting rental of the A-frame, and review and approve rental requests. Fees for daily rental of the A-frame shall be established by the borough assembly via resolution.

c.    The log cabin shall be available to rent, with preference to a borough employee, for the purpose of caretaking the NBCA, per subsection (C)(3)(d) of this section. The borough manager shall approve use of the log cabin and facilitate the necessary rental agreement.

d.     Specific duties of the caretaker per subsection (C)(3)(c) of this section shall be included in the rental agreement.

4.    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.    Municipality of Skagway requires a certification of insurance showing the permit holder has obtained at least two million dollars ($2,000,000.00) 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.    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.

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

D.    Prohibited Uses.

1.    Commercial activities including tours, rentals, retail sales or any other uses where compensation is made or offered;

2.    Operation of any motor vehicle (including snow machine, ATVs, motorcycles and mopeds);

3.    Camping;

4.    Fires outside of designated fire ring in beach area;

5.    Tree cutting/gathering, excluding municipal maintenance activities;

6.    Dumping of any fill or refuse;

7.    Subdivision and/or sale of public lands;

8.    Residential, industrial and commercial structures or other intensive developments;

9.    Grazing;

10.    Any regular stops on a public or private commercial transportation route, with the exception of transportation for permitted events;

11.    Horseback riding in the Matthews Creek Area (uplands north of the Dyea Road);

12.    Discharge of any material into the creek;

13.    Hydropower stations or dam.

(Ord. 18-06, Amended, 04/19/2018; Ord. 17-02, Added, 04/06/2017)

16.14.040 Permits and fees.

A.    Permits. The borough manager shall establish a system for the permitting of uses requiring such permits as identified in Section 16.14.030(B) and (C). 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 when and if such fees are determined necessary.

(Ord. 18-06, Amended, 04/19/2018; Ord. 17-02, Added, 04/06/2017)

16.14.050 Penalties.

For violations of this chapter, refer to Chapter 1.20, General Penalty. Violations of this chapter are subject to civil fines established by resolution.

(Ord. 18-06, Amended, 04/19/2018; Ord. 17-02, Added, 04/06/2017)