12.40.040 Reserved rights and allowable uses.
The Haines Borough reserves, for itself, its citizens, personal representatives, heirs, successors or assigns, the right to continue the use of the property for all purposes consistent with this establishment of a public park, including, but not limited to, the right to quiet enjoyment of the property, the rights of ingress and egress, including, but not limited to, traditional and contemporary subsistence and cultural activities, the right to fish, gather, and hike on the property, and the right to sell, transfer, gift or otherwise convey the property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this chapter.
The following uses within the park boundaries are generally allowed:
A. Fishing, or placement of a crab pot or shrimp pot that complies with applicable municipal, state, and federal statutes and regulations on the taking of fish and shellfish.
B. Harvesting a small number of wild plants, mushrooms, berries, and other plant material for personal, noncommercial use.
C. Hiking, backpacking, skiing, climbing, and other foot travel.
D. Using watercraft (such as a boat, jet-ski, raft, kayak, or canoe) in a manner that minimizes surface damage, without damaging the property.
E. Signs may be displayed to state:
1. The name and address of the property, or the owner’s name;
2. The area is protected by this chapter as adopted by the Haines Borough Assembly;
3. Prohibition of any unauthorized entry or use;
4. Sale or rent of the property;
5. To warn the public of hazards (if any); or for
6. Environmental education, awareness, or interpretive panels.
F. Placing riprap or other suitable bank stabilization material to prevent erosion of a contiguous privately owned upland parcel if material is placed onto stable shoreland and the project is otherwise in the scope of the U.S. Army Corps of Engineers nationwide permit on bank stabilization.
G. An event or assembly of 50 people or less, including events sponsored by nonprofit organizations or commercial events.
H. Recreational or other uses not listed above may occur within the park boundaries, provided the use:
1. Is not a commercial recreational camp or facility that remains overnight;
2. Does not involve explosives or explosive devices other than borough-sponsored fireworks displays;
3. Is not prospecting or mining using hydraulic equipment methods;
4. Is not for geophysical exploration for minerals or an oil and gas exploration;
5. Does not cause or contribute to significant disturbance of vegetation, drainage, or soil stability;
6. Does not interfere with public access or other public uses or interests.
Notwithstanding the foregoing restrictions, the owner reserves for itself, its successors and assigns the right to construct wetland, intertidal and stream mitigation on the property, in accordance with the compensatory mitigation plan for the permit dated April 2011. (Ord. 11-10-274 § 4)