Three streams course through Ketchum—Warm Springs Creek, the Big Wood River and Trail Creek—allowing people to have waterfront property, but many are abusing the privilege, according to Ketchum Planning and Zoning Commissioner Rich Fabiano.
The city requires that no changes be made to land within 25 feet of the waters' edge, but Fabiano has discovered that three out of every four property owners have overstepped the boundary.
"This is something that has been overlooked for a long time," he said Monday to the P&Z before presenting a stack of photos that he and city staff compiled while walking every foot of the streams last fall. "These photos will speak for themselves."
In many photos, sod extends all the way to the water's edge. Other property owners have built patios within the 25-foot buffer, removed native vegetation, constructed stairs leading into the water or built bridges from bank to bank.
"The real question is, where do we go from here?" he asked the P&Z and city staff.
City Attorney Stephanie Bonney said the city must first ascertain the exact date of every property's disturbance to the no-touch 25-foot buffer before making accusations. The rule came into existence pieces at a time beginning in 1974.
"If it was legal the day it was put in, it remains legal," she said.
"We definitely have a lot more research to do," said City Administrator's Assistant Lisa Enourato, who walked the streams with Fabiano.
Bonney said some construction, built in recent years, is obviously illegal.
These people can't claim they were naïve, the rules unknown to them, former Associate Planner Mark Goodman said. He said the city annually sends pamphlets to anyone owning property in a floodplain area, telling them exactly what they're allowed to do.
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"It's not like people don't know it's a rule," he said.
"Based on the photos, it's gotten out of hand," added Commissioner Steve Cook. "It's our responsibility to protect these streams. We're at the headwaters."
Fabiano said he's making it his mission to stop these encroachments, especially focusing on "pristine" lawns that are obviously using pesticides and chemicals. The fear is the effect on water quality.
"I just think it's a sad scenario," Fabiano said. "We're going to move forward with this."
City ordinance makes it illegal for anyone, no matter how old their lawn may be, to use chemicals on vegetation within the 25-foot riparian zone.
The other P&Z members were also disturbed but questioned how to enforce the no-pesticides ordinance, even though it's already a $300 fine. Bonney said a weed-free lawn doesn't prove pesticides are being used. Someone must be caught in the act.
"Two and two is four," Fabiano replied. "You know they're using pesticides."
But it isn't proof, Bonney replied. She said hiring someone to patrol the banks would be too expensive.
But Fabiano wasn't dissuaded.
"The question, again, is, where do we go from here?" he repeated. "Unless there's some kind of enforcement, it's not going to go anywhere."
Commissioner Sam Williams said the city needs to approach the landscapers who do the spraying.
Fabiano said he's next going to present his findings to the City Council. When he will do so remains uncertain.
According to information obtained from the city, there are about 240 riparian properties in Ketchum along about 8.5 miles of stream bank.
Trevon Milliard: tmilliard@mtexpress.com
Photo courtesy of Lisa Enurado.
This Big Wood River property has placed sod up to the water’s edge. Erosion is causing tuffs of sod to fall into the river. Ketchum doesn’t allow any area within 25 foot of a stream bank to be disturbed, but its rules have gone unenforced and ignored.
