A road used as an unofficial Kenai River access point in Sterling will stay open to the public. That’s after the Kenai Peninsula Borough’s Planning Commission on Monday rejected a call from surrounding property owners to privatize the road.
The commission vote followed more than an hour of public testimony. Petitioners cited private property rights and safety issues from lack of infrastructure. But others say privatizing the road would shutter a longstanding community fishing spot and limit already-sparse river access. Huske Street dead-ends on the Kenai River’s north shore in Sterling.
Stacy Wessel owns AK Lands, Land Surveying, an Anchorage-based land surveying company, and presented the petitioner’s case to the commission. She pointed to trash and human waste left by people in the area, riverbank degradation and trespassing on nearby property as reasons petitioners favor closing off the right-of-way.
“A right-of-way is to go from one end to the other,” she said. “It is not to camp, fish, have fires, shoot guns, drive into the river.”
Roderick Huske says his family has owned the property immediately east of the road since 1953, when his grandfather was deeded the homestead by the federal government. He says the access point has long been known as a “do whatever you want for free” spot.
“How does the public have a right to destroy our private property?” he said. “This situation is out of control and should have been dealt with a long time ago. This easement should be vacated and the public moved to designated parks and campgrounds instead of trampling and destroying our property.”
The petitioners say there are other places to access the river. Wessel, the surveyor, identified seven – five of which are on the Funny River side.
The commission heard from more than a dozen people who want to keep the access point open.
Randy Lukasik has been fishing in that area for decades. He says the locals know it as “Smiley Rock.” He worries closing Huske Road to the public could set a precedent for other river access points close to private property.
“There's no really easy public access points to the Kenai River,” he said. “It just so happens that Smiley Rock is very easy. I've been fishing there before. I've seen folks there, a gentleman in a wheelchair fishing there at that access. I've personally launched and recovered watercrafts there. It's very easy. The other access points that are in Sterling are very difficult.”
Safety was a big theme among all who testified. Multiple people referenced the 2004 death of a Soldotna 17-year-old, whose vehicle rolled into the river near Scout Lake Loop.
Bryce Michael favors keeping the road open. He says the Kenai River at Huske Street is swift, but Alaska’s natural resources exist for the enjoyment of all.
“We can fall and break our neck with every step that we take in life,” he said. “The river is not an overly dangerous place there.”
Commissioners had to consider two separate, but related petitions: one to vacate the Kenai Peninsula Borough right-of-way, and another to vacate the state of Alaska section line easement. The commission voted both down: 7-1 on vacating the borough right-of-way and unanimously on the state section line easement.
Jeffrey Epperheimer represents the commission’s Nikiski district. He says he voted against closing off the road because of the high demand for public use.
“The Roads Department and the public, many of the public, oppose that vacation,” he said. “I didn't see any superior or equal access proposed. Definitely a nuisance that the landowners have been seeing or have had there, for me, tells me that enforcement and management are inadequate. But I'm not sure that that's just a single case issue.”
Multiple commissioners acknowledged that there are problems at the Huske Street access point that warrant followup. Here’s Franco Venuti, who represents Homer.
“Access to the river is really important, not only for recreation but for the economy,” he said. “And I'm wondering, since the borough seems to be the only entity that has authority here. How can the borough institute positive changes to improve the situation?”
Petitioner Gene Montgomery spoke after the first commission vote. He maintains people can go elsewhere to access the river for fishing, but says he’ll help address some of the problems near his home.
“I'll put trash cans down there,” he said. “You know, we can put boulders in front of the road. It still provides access. People can walk around the boulders. They just can't drive down there, park and camp. So we're willing to look at anything.”
Borough’ Planning Director Robert Ruffner told commissioners the borough plans to continue working with property owners in the area to find solutions, which may include more signs in the area or collaboration with other agencies. He says concerns about public use of Huske Street have come up before, but that the borough can only act within its limited authority.
Petitioners are unable to appeal the commission’s decision, but they can resubmit their application after a full calendar year.
