Big-game guide wins appeal of $16,000 fine

June 3, 1993

By Michael Gerhardt
Arctic Sounder

Fairbanks guide C. Wayne Taylor violated a local land-use law when he set up a guiding camp last year near Noatak, but will not have to pay the hefty fine which was imposed, the Northwest Arctic Borough Assembly decided last week

Taylor, charged last year with violating the borough's Title Nine zoning ordinance, appealed the $16,000 fine to the borough planning commission but lost. Taylor appealed to the assembly, which overturned the fine May 26

The assembly said that although it was upholding the planning commission's decision, the fine would be suspended because the borough does not have regulations in place for imposing fines under zoning ordinance.

The ordinance gives the borough zoning and permitting power on all lands within the borough, including state, federal and private lands.

Taylor is the first and only person to be charged with violating the land-use law, according to Borough Planning Director Walter Russell. The $1,000-a-day fine was imposed for 16 days, beginning Sept. 3, 1992.

Taylor's attorney called the ordinance "an untested issue" and said his client may contest the decision in state court.

"The case isn't over yet," said Tom Wickwier. "It has all the signs that it will be over, but it isn't yet."

Wickwier said the assembly's decision to drop the fine was unexpected. "It was frankly kind of a surprise to us and we haven't really evaluated it."

Taylor will not make a decision regarding further action until the decision becomes final, sometime before June 18, Wickwier said.

An oral version of the decision was read by assembly member Helen Bolen at the close of last week's appeal.

"Mr. Taylor's lack of respect for the Noatak residents and the planning commission to resolve the permit issue is not acceptable and will not be tolerated," the decision read.

Noatak residents have complained in the past that Taylor and other big-game guides were scaring the caribou herds with their planes. Taylor has been using land near Noatak for several years for both personal use and for commercial guiding.

In the fall of 1991, Taylor set up a guide camp on state land near the Noatak River. State regulations at that time allowed guide camps to be set up on state land for up to two weeks without a permit. Those regulations were later changed, something Taylor said he was unaware of. The state never took action against Taylor.

In May 1992, the borough enacted its land-use ordinance, which requires anyone wishing to use borough lands for commercial or industrial uses to obtain a permit from the borough.

Taylor was repeatedly told he would need a permit from the borough and that he needed to get approval from Noatak residents even before applying for a permit, borough attorney David Case said.

Taylor says he did not apply for a permit because he believed he was exempt from having to do so under a section of the ordinance.

He discussed the ordinance with Borough Mayor Chuck Greene during a visit to the mayor's home in early September and later told the assembly he believed Greene agreed that he was exempt.

The ordinance exempts businesses which were lawfully established and in actual operation prior to the adoption of the law.

Taylor argued that since he was guiding from the camp in 1991, before the ordinance was adopted, he should have been exempt.

Whether or not a business is lawfully established and in operation is left up to the mayor. Greene said he never told Taylor that his camp was exempt under that criteria.

Taylor must have misunderstood his remarks at the time, Greene told the assembly.

Taylor was given a notice of violation in late September after his camp was visited by a security patroller hired by the borough to enforce the ordinance.

After receiving the notice, Taylor packed up his camp and appealed the violation to the planning commission.

In its decision last week, the assembly directed Taylor to get the permission of village residents before applying for a borough permit.