The Haines Borough’s land use rules are internally conflicted and too often arbitrarily applied. This can be remedied with some simple changes to our code: (1) the most protective rule should be applied. The massive, new development on Lutak Road, which earned a “cease and desist letter” for less than a week, is being characterized as “heavy industrial” rather than “resource extraction.” The heavy industrial category allows gravel storage and trucking as a use-by-right; the resource extraction and related activities category requires a Conditional Use Permit and a more thorough review of short and long term impacts by the Planning Commission and Assembly, which in this case would be far more appropriate given the hillside’s excavation in an area prone to landslides near the ferry terminal, dock and fuel depot, above a road used by commuters and cyclists. (2) If a use-by-right activity endangers the public or compromises public welfare, the Borough must have and exercise the authority to deny the permit. (3) If a CUP is required and an applicant proceeds before getting the permit, the permit should be denied, permanently. No more permits “after-the-fact.” Minor fines are meaningless when major profits are on the table – there must be a deterrent in code significant enough to ensure compliance. If everyone is playing by the same clear rules, it is not only fair to all, it will save tens of thousands of dollars every year in staff time dealing with situations that should have never arisen in the first place.