MEMORANDUM

TO: Timothy Navarre, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: Bill Popp, Assembly Member

DATE: April 25, 2002

SUBJECT: Ordinance 2002-15, redefining agriculture, defining a grazing classification and imposing grazing lease requirements.

This ordinance is introduced to address concerns raised last winter regarding the borough's increasing involvement in grazing leases without corresponding code provisions. The code currently does not include a definition of grazing land, nor does it contain guidelines for grazing leases. Additionally, the section governing agricultural leases needs further clarification. A draft version of this ordinance was discussed during the lands committee meeting on March 12, 2002, and numerous suggestions from the public were considered, many of which have been incorporated into this ordinance.

Essentially, in order to lease borough lands for grazing or agricultural purposes, the applicant will be required to submit a plan defining the proposed use and development of the property. The ordinance prohibits most permanent structures on grazing lands as the grazing lease is intended to convey only the very limited right to use the land for grazing purposes. However, it does not prohibit certain temporary improvements, fencing, or foliage quality and species improvement, so long as these are solely used for the grazing purposes of the lessee. The proposed definition of "grazing" is derived from the state's definition.

Additionally, this ordinance makes a housekeeping correction to KPB 17.10.170 by inserting the current resource development and resource management classifications and deleting the resource extraction classification, which was previously deleted from the code.

The ordinance is scheduled to be heard in June so that if it is enacted, the administration may implement it after the snow is gone and when grazing and agricultural uses are becoming active for the summer season.