MEMORANDUM

TO: Tim Navarre, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: Milli Martin, Assembly member

DATE: June 4, 2002

SUBJECT: Proposed amendments to Ordinance 2002-15, Grazing and Agricultural Leases.

Following up on my memorandum of My 23, 2002, following are some amendments to the above-referenced ordinance that I would like the assembly to consider. I realize that the ordinance was distributed to various interested groups and discussed during an assembly committee meeting before it was introduced, in an attempt to address the various concerns of user groups as well as those of the borough. The following are some additional changes proposed after my recent discussions with some of the affected user groups in the Homer area:

A. Amend Section 3, KPB 17.10.140(D)(1) as follows:

1. An application to lease must be submitted with a range management and development plan which shall disclose the use, nature of improvements, if any, an estimate of value of the improvements, the location of the proposed improvements, the description of the necessity for such improvements, and a statement that the improvements, as proposed, will not impair the value of the land or interfere with other reasonable uses thereof. Except as provided below, improvements of a permanent nature, such as housing, barns, sheds, slaughter houses, silos, and permanent grain or hay storage buildings, or other similar structures may not be authorized on a grazing lease. Should such structures be desired, the applicant must apply for a different form of lease in which such structures are authorized. The following uses and improvements may be authorized by the borough for use on grazing leases in a manner consistent with grazing lease uses and purposes:

i.

a. Permanent or temporary improvement of foliage quality and species to be used for grazing purposes by the lessee and not for sale or trade.

b. Improvements to a spring to allow for an environmentally safe watering system.

c. Fences in an approved place on the leased premises are not prohibited by this provision.

d. Temporary animal facilities, such as corrals and shoots for loading animals.

e. Temporary grain or hay storage facilities, provided such facilities may be no larger than the size necessary for storing a one-year supply of feed for the animals proposed to use the lease shown in the development plan.

f. Temporary tent platforms, provided that the platforms must be removed upon the expiration of the lease.

g. A maximum of ten percent of standing timber may be used for authorized lease improvements. Clearing of timber, other than that which is approved as necessary for grazing purposes, or the sale of timber taken from the grazing lease premises, is prohibited.

B. Amend Section 3, KPB 17.10.140(D)(3) as follows:

3. Lease lands shall be utilized for purposes within the scope of the application, the terms and conditions of the lease and in conformity with the lessee's range management and development plan, applicable classification, and any land use of comprehensive plans. Utilization or development by lessee for other than the allowed uses shall constitute a violation of the lease and the lease will become subject to cancellation. The mayor may contract with appropriate state agencies to cooperatively manage borough grazing leases in conjunction with, or on behalf of, the borough.