Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 1 - Provisions for General Land Use Activity › 11 AAC 96.040 - Term and conditions

Current through May 31, 2024
(a) Issuance of a permit under this chapter
				  is not a disposal of an interest in land, and does not grant a preference right
				  to a lease or other disposal. The permit is revocable for cause for violation
				  of a permit provision or of this chapter, and is revocable at will if the
				  department determines that the revocation is in the state's interest. The
				  permit remains in effect for the term issued, unless revoked sooner. The
				  department will give 30 days' notice before revoking a permit at will. A
				  revocation for cause is effective immediately.
(b) Each permit issued is subject to any
				  provisions the department determines necessary to assure compliance with this
				  chapter, to minimize conflicts with other uses, to minimize environmental
				  impacts, or otherwise to be in the interests of the state.
(c) Except as provided in
				  11 AAC 96.035(c),
				  a permit will be granted for a specified term of up to five years, unless
				  revoked sooner. Except as provided in
				  11 AAC 96.035(c),
				  the permit may be extended for any number of consecutive periods, each period
				  not to exceed one year. Proposed modifications to the issued permit must be
				  submitted in writing and must be approved by the department before the
				  permittee undertakes the modification. The department may modify existing
				  provisions or require additional provisions in the approval of an extension or
				  modification or during the term of the permit, if the department determines
				  that the modification or additional provision is necessary to assure compliance
				  with this chapter, to minimize conflicts with other uses, to minimize
				  environmental impacts, or otherwise to be in the interests of the
				  state.
(d) The department will not
				  issue a permit that denies an upland owner reasonable access to navigable
				  waters during or after the permit activities. If the application is for an
				  excavation or fill that will alter the mean high water line or ordinary high
				  water mark, the permit will not be issued until that line has been determined
				  and accepted by the department.
(e)
				  If the permit involves obtaining fill or other material from state land and
				  placing it on the permit site, or removing material from the permit site for
				  beneficial uses as determined by the department, the fill or other material
				  must be purchased under 11 AAC 71 before being moved.
(f) A permit under this chapter does not
				  authorize the placement of permanent improvements. Temporary improvements
				  authorized by a permit under this chapter must be removed when the permit
				  expires or is revoked, unless otherwise specified by the department. If the
				  permittee fails to remove the improvements in compliance with this requirement,
				  the department may sell, destroy, or remove the improvements, whichever is most
				  convenient for the department, at the permittee's expense, including the
				  department's costs associated with restoration and expenses incurred in the
				  performance of these duties.
(g)
				  The permit will not be effective until executed by the department and the
				  permittee has paid any applicable use fee required by 11 AAC 05.180 and
				  provided a certificate of insurance and security, ifrequired under
				  11 AAC 96.060 and
				  11 AAC 96.065.
(h) The permittee must agree to indemnify and
				  hold harmless, consistent with state law, the state and its officers, agents,
				  and employees for any third party claims arising from the exercise of the
				  privileges granted by the permit.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.850