reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 53 - Records, Surveys, and Platting › Article 5 - Platting Authority in the Unorganized Borough › 11 AAC 53.730 - Replats and vacations

Current through May 31, 2024
(a) A plat of land that is subject to the
				  department's platting authority under
				  AS
				  40.15.070 may not be replatted, vacated, or
				  otherwise changed without the approval of the commissioner. Approval for a
				  change to or vacation of a plat is initiated by filing the original and one
				  copy of a petition with the department in Anchorage. However, if the area to be
				  replatted is also partially within the jurisdiction of a municipal platting
				  authority, and if the municipal platting authority agrees, the commissioner may
				  delegate to that entity the authority to receive, review, and approve the
				  petition for the entire area to be replatted in accordance with the
				  municipality's own procedures.
(b)
				  A petition for a replat or vacation filed with the department must contain
(1) a copy of the original survey plat
				  showing the area for change or vacation;
(2) the name, address, and land ownership of
				  each petitioner and all other landowners within the petition area and within
				  500 feet beyond the petition area;
(3) the action sought by the petitioner and a
				  statement of reasons for the requested change or vacation; and
(4) the name and address of the petitioner or
				  the agent authorized by the petitioner to receive service by mail.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 53 - Records, Surveys, and Platting › Article 5 - Platting Authority in the Unorganized Borough › 11 AAC 53.740 - Variances

Current through May 31, 2024
The department will grant a variance from a provision of
					 11 AAC 53.600 -
					 11 AAC 53.730 if the person
					 seeking a variance demonstrates, to the satisfaction of the department,
					 that
(1) granting the variance will
				  not be detrimental to the public health, safety, or welfare, injurious to
				  adjacent property, or contrary to the public interest;
(2) the variance sought does not violate a
				  statute; and
(3) the conditions on
				  which the variance application is based do not apply generally to properties
				  similar to the one for which the variance is sought.
Authority:
AS
						40.15.330
AS
						40.15.370
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 54 - Disposal of Lands › Article 2 - Purchase by Contract › 11 AAC 54.320 - Assignments

Current through May 31, 2024
Any contract vendee may assign the lands or portion thereof
					 upon which he has a contract, provided, that before any vendee shall be
					 permitted to assign any of such lands or portion thereof, he shall make
					 application to the director for a permit and the director may issue each permit
					 if he finds it in the best interest of Alaska. Applications for assignment
					 shall be made in writing to the director on Form DL-81 "Assignment of Contract"
					 or an image copy thereof. The assignee shall be subject to and be governed by
					 the contract provisions and regulations applicable thereto.
Authority:
AS
						38.05.020
AS
						38.05.045
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 54 - Disposal of Lands › Article 2 - Purchase by Contract › 11 AAC 54.330 - Modification

Current through May 31, 2024
A purchase contract may not be modified orally or in any
					 manner other than by an agreement in writing signed by all parties thereto or
					 their respective successors in interest.
Authority:
AS
						38.05.020
AS
						38.05.045
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 54 - Disposal of Lands › Article 2 - Purchase by Contract › 11 AAC 54.340 - Cancellation - Forfeiture

Current through May 31, 2024
(a) Purchase
				  contracts in good standing may be cancelled in whole or in part, at any time,
				  upon mutual written agreement by the vendee and the director.
(b) A purchase contract is subject to
				  cancellation in whole or in part if improperly issued through error with
				  respect to material facts.
(c) A
				  purchase contract may be cancelled if the land is used for any unlawful
				  purpose.
(d) If the vendee shall
				  default in the performance or observance of any of the contract terms,
				  covenants and stipulations thereto or of the regulations now or hereafter in
				  force or any of the provisions of the Land Act, and such default shall continue
				  30 days after service of written notice thereof by the division, the director
				  shall subject the vendee to appropriate legal action, including but not limited
				  to, cancellation of the contract. No improvements may be removed during the
				  time which the contract is in default.
Authority:
AS
						38.05.020
AS
						38.05.045
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 54 - Disposal of Lands › Article 2 - Purchase by Contract › 11 AAC 54.350 - Notice of breach

Current through May 31, 2024
Notice of breach will be issued in writing as provided in
					 AS
					 38.05.065(d) and
					 11 AAC 54.360. The department will
					 send a copy of the notice to a holder of a collateral assignment approved under
					 AS
					 38.05.920.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.045
AS 38.05.065
AS
						38.05.920
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 54 - Disposal of Lands › Article 2 - Purchase by Contract › 11 AAC 54.360 - Notice or demand

Current through May 31, 2024
Any notice or demand, which under the terms of a contract
					 or under any statute must be given or made by the parties thereto, shall be in
					 writing, and be given or made by registered or certified mail, addressed to the
					 other party at the address shown on the contract. However, either party may
					 designate in writing such new or other address to which such notice or demand
					 shall thereafter be so given, made or mailed. A notice given hereunder shall be
					 deemed received when deposited in a U.S. general or branch post office,
					 enclosed in a registered or certified mail prepaid wrapper or envelope
					 addressed as hereinabove provided. For the purposes of these regulations a
					 notice given, as provided herein, and addressed to the Division of Lands shall
					 be deemed received when deposited in a general or branch post office by the
					 addressor and in like manner a notice from the Division of Lands to a vendee
					 shall be deemed received by the vendee when such notice arrives at the general
					 or branch post office from which final delivery to the said vendee would
					 normally be accomplished.
Authority:
AS
						38.05.020
AS
						38.05.045
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 54 - Disposal of Lands › Article 2 - Purchase by Contract › 11 AAC 54.370 - Rights of collateral assignee

Current through May 31, 2024
If the purchaser's interest in a contract is foreclosed and
					 terminated for breach, the holder of a collateral assignment approved under
					 AS
					 38.05.920 may acquire the contract, subject
					 to the contract's terms and conditions.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.045
AS
						38.05.920
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 54 - Disposal of Lands › Article 2 - Purchase by Contract › 11 AAC 54.380 - Entry or re-entry

Current through May 31, 2024
In the event that the purchase contract should be
					 terminated as hereinbefore provided, or by summary proceedings or otherwise, or
					 in the event that the demised lands, or any part thereof, should be abandoned
					 by the purchaser during the said term, the division or its agents, servants, or
					 representative, may, immediately or any time thereafter, enter or re-enter and
					 resume possession of said lands or such part thereof, and remove all persons
					 and property therefrom either by summary proceedings or by a suitable action or
					 proceeding at law without being liable for any damages therefor. No entry or
					 re-entry by the division shall be deemed an acceptance of a surrender of the
					 contract.
Authority:
AS
						38.05.020
AS
						38.05.045
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 54 - Disposal of Lands › Article 2 - Purchase by Contract › 11 AAC 54.390 - Re-sale

Current through May 31, 2024
In the event that a purchase contract should be terminated
					 as herein provided, or by summary proceedings, or otherwise, the division may
					 offer said lands for sale or other appropriate disposal pursuant to the
					 provisions of this chapter or other applicable regulations.
Authority:
AS
						38.05.020
AS
						38.05.045
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 54 - Disposal of Lands › Article 2 - Purchase by Contract › 11 AAC 54.400 - Forfeiture of payments

Current through May 31, 2024
In the event that the purchase contract should be
					 terminated because of any breach by the vendee, as herein provided, the
					 payments made by the vendee shall be forfeited to and retained by the vendor as
					 partial liquidated damages for said breach.
Authority:
AS
						38.05.020
AS
						38.05.045
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 54 - Disposal of Lands › Article 2 - Purchase by Contract › 11 AAC 54.410 - Written waiver

Current through May 31, 2024
The receipt of payment by the vendor, with knowledge of any
					 breach of the purchase contract by the vendee or of any default on the part of
					 the vendee in observance or performance of any of the conditions or covenants
					 of the contract, shall not be deemed to be a waiver of any provision of the
					 contract. No failure on the part of the vendor to enforce any covenant or
					 provision therein contained, nor any waiver of any right thereunder by the
					 vendor unless in writing, shall discharge or invalidate such covenants or
					 provisions or affect the right of the vendor to enforce the same in the event
					 of any subsequent breach or default. The receipt of the vendor of any payment
					 or any other sum of money after the termination, in any manner, of the
					 contract, or after the giving by the vendor of any notice thereunder to effect
					 such termination, shall not reinstate, continue, or extend the resultant
					 contract, or destroy, or in any manner impair the efficacy of any such notice
					 of termination as may have been given thereunder by the vendor to the vendee
					 prior to the receipt of any such sum of money or other consideration, unless so
					 agreed to in writing and signed by the vendor.
Authority:
AS
						38.05.020
AS
						38.05.045
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 54 - Disposal of Lands › Article 2 - Purchase by Contract › 11 AAC 54.430 - Rental for improvements or personal property not removed

Current through May 31, 2024
The department may charge the purchaser a reasonable rental
					 for any buildings, fixtures, or personal property belonging to the purchaser or
					 placed on the land during the purchaser's tenure, with or without the
					 purchaser's permission, and remaining upon the premises after the termination
					 of the contract. Disposition of personal property, buildings, and fixtures left
					 on the parcel after termination of the contract is subject to
					 AS
					 38.05.090, as amended through July 1, 1997
					 and adopted by reference. Private residential improvements will be considered
					 "authorized" for the purposes of
					 AS
					 38.05.090(f) if built in
					 compliance with applicable federal, state, and municipal law.
Authority:
AS
						38.05.020
AS 38.05.045
AS
						38.05.090
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 54 - Disposal of Lands › Article 2 - Purchase by Contract › 11 AAC 54.440 - Sanitation

Current through May 31, 2024
The vendee shall comply with all regulations or ordinances
					 which a proper public authority in its discretion shall promulgate for the
					 promotion of sanitation. The premises under purchase contract shall be kept in
					 a neat, clean and sanitary condition and every effort shall be made to prevent
					 the pollution of waters.
Authority:
AS
						38.05.020
AS
						38.05.045
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 54 - Disposal of Lands › Article 2 - Purchase by Contract › 11 AAC 54.450 - Building and zoning codes

Current through May 31, 2024
Lands that lie within the jurisdiction of an authorized
					 building or zoning authority shall be utilized in accordance with the rules and
					 regulations of said authority. Failure to do so shall constitute a violation of
					 the contract.
Authority:
AS
						38.05.020
AS
						38.05.045
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 54 - Disposal of Lands › Article 2 - Purchase by Contract › 11 AAC 54.460 - Fire protection

Current through May 31, 2024
The vendee will take all reasonable precautions to prevent,
					 and take all reasonable actions to suppress destructive and uncontrolled grass,
					 brush and forest fires on the land under contract and comply with all laws,
					 regulations, and rules promulgated and enforced by the protection agency
					 responsible for forest protection within the area wherein the demised premises
					 are located.
Authority:
AS
						38.05.020
AS
						38.05.045
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 54 - Disposal of Lands › Article 2 - Purchase by Contract › 11 AAC 54.480 - Conditional contract

Current through May 31, 2024
The state may conditionally sell land it selects under
					 various federal land grants and lands it reasonably believes it will own or
					 will acquire title to prior to the actual receipt of title. Contracts issued on
					 this conditional basis shall be cancelled in whole or part in the event the
					 state is denied title to said lands. Contract payments made by the vendee on
					 the land to which title is denied the state shall be refunded to the contract
					 holder of record and any properly recorded lienholder, if any, jointly.
					 However, the state shall in no way be liable for any damage that may be done to
					 the land by the vendee, or liable for any claim of any third party or to any
					 claim that may arise from ownership. In the event the state does receive title
					 to the land under contract, the conditional contract shall then have the same
					 standing, force and effect as non-conditional contracts issued under the
					 regulations of this chapter.
Authority:
AS
						38.05.020
AS
						38.05.045
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 54 - Disposal of Lands › Article 3 - General Provisions and Definitions › 11 AAC 54.500 - Short title

Current through May 31, 2024
This chapter pertains to the sale of lands of the state of
					 Alaska and to the jurisdiction of the Division of Lands, Department of Natural
					 Resources and related matters. The intent of this chapter is to insure the
					 equitable sale of Alaska lands in a manner that will encourage development for
					 their highest and best use. This chapter may be referred to as the "Sale
					 Regulations."
Authority:
AS
						38.05.020
AS
						38.05.045
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.010 - Application of chapter

Current through May 31, 2024
(a) This chapter deals with the planning and
				classification of all land under the department's management authority under AS
				38, other than mental health trust land, as well as land that has been selected
				or is otherwise to be acquired by the state and managed by the department under
				AS 38. The intent of this chapter is to establish a system of land
				classification based on a land use planning process that recognizes the varied
				resources of the state and the many competing demands for those resources.
				Through the planning process the commissioner will provide for the balanced
				use, development, and conservation of those resources for the maximum benefit
				of the people of this state. Additionally, through the planning process the
				commissioner will make land classifications that identify primary uses.
				Although a classification made under this chapter identifies a primary use, all
				classifications are intended for multiple use, as defined in
				AS
				38.04.910. This chapter does not affect the
				management, allocation, or appropriation of water, as distinguished from the
				planning, classification, or management of bodies of water, waterways, and
				adjacent land.
(b) If land that has
				been selected or is otherwise to be acquired by the state is classified, the
				classification takes effect when the state receives title. If the selection is
				later relinquished or rejected, the classification is automatically void and
				will be removed from the state's public land records.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.020 - Planning and classification

Current through May 31, 2024
(a) Classification
				of state land under
				AS
				38.05.300 will be based on a land use plan
				prepared according to
				AS
				38.04.065 and
				11 AAC 55.030.
(b) In the development and revision of a land
				use plan, the commissioner will provide for meaningful participation in the
				planning process by those listed in
				AS
				38.04.065(b)(8) and others
				concerned with land use in the area.
(c) Land use plans will state management
				objectives and may contain guidelines to resolve conflicts among competing land
				uses. After September 7, 1983, public land records maintained by the department
				will reflect the existence of these land use plans as well as the
				classification of the land.
(d)
				Land classified settlement, except tideland, submerged land, or shoreland, may
				be made available for sale, lease, or other disposal. Tideland, submerged land,
				or shoreland may be made available for lease or other less-than-fee disposal,
				and management rights in that land may be assigned to another state agency.
				However, the fee interest in tideland, submerged land, or shoreland will
				ultimately be retained in state ownership unless the conveyance (1) is
				otherwise required by law, or (2) is a conveyance, authorized by law, to a
				political subdivision of the state and the commissioner finds that the
				interests served by the public trust doctrine will be furthered by the
				conveyance. Land classified agricultural may be made available for sale in
				accordance with
				AS
				38.05.321 or for agricultural lease. Unless
				otherwise prohibited by law, unclassified land and land in any classification
				may be made available for oil and gas leasing. Unless expressly prohibited in
				the land use plan, land in any classification may be made available for surface
				leasing, except that only land classified settlement or agricultural may be
				made available for leasing with a purchase right. The sale of material may be
				made on unclassified land if allowed by
				11 AAC 55.040(i) (5) or on land in any
				classification.
(e) If the
				legislature designates land for a special purpose, that designation will be
				noted on the public land records maintained by the department.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS 38.05.045
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.030 - Land use plan

Current through May 31, 2024
(a) A regional plan may be an area plan or a
				management plan. An area plan, management plan, or site-specific plan that
				complies with the requirements and standards of
				AS
				38.04.065(b) meets the
				requirement of
				AS
				38.04.065 that classification of state land
				be based upon a land use plan.
(b)
				The statewide resources plan is not a land use plan for the purposes of this
				section but is a planning document that summarizes statewide resource policies
				for each resource use under the department's management authority as well as
				the department's policies for managing fish and wildlife habitat and
				transportation. Because of the statewide resources plan's broad scale and the
				general nature of its resource designations, it is not intended to be used as
				the sole basis for classification. However, where appropriate, it will be
				referred to for guidance in the preparation of other, more detailed land use
				plans, including a site-specific plan prepared for classification actions when
				there is no area or management plan.
(c) For the purposes of this section, an
				"area plan" is a planning document prepared for a region or subregion of the
				state and is usually displayed at a scale of 1:250,000 or 1:63,360. The
				following items will be included in an area plan:
(1) a summary of existing land uses and
				ownership patterns within the planning boundaries;
(2) a discussion of resource potential and
				land uses on state lands and water within the planning boundaries;
(3) goals and objectives for each resource in
				the planning area;
(4) land
				classifications that set out primary uses and that may be supplemented by
				identifying secondary uses; with a land classification, the department will
				include
(A) a statement whether the land is to
				be disposed of in fee or retained in state ownership; and
(B) for land to be retained in state
				ownership, a statement as to whether the land is to be made available for lease
				or other less-than-fee disposal, timber sale, or material sale;
(5) consideration of mineral
				potential to include, at a minimum, identification of areas that will be closed
				to mineral entry or restricted to leasehold locations under the criteria set
				out in AS
				38.05.185, existing or potential conflicts
				and, if mineral leasing is intended, stipulations for future leases;
				and
(6) management guidelines and
				stated management intent, representing department policies to guide the actions
				of the department when making land use decisions, directing land management and
				ensuring compatibility among competing land uses.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.040 - Classification

Current through May 31, 2024
(a) A classification reflects surface impacts
				of surface or subsurface uses, or both.
(b) Surface resource classifications include
				agricultural, coal, forest, geothermal, grazing, heritage resources, material,
				mineral, oil and gas, public recreation, reserved use, resource management,
				settlement, transportation corridor, water resources, and wildlife habitat
				land.
(c) A classification
				identifies the primary use for which the land will be managed, subject to valid
				existing rights and to multiple use. A land use plan under this chapter may
				identify both primary and secondary uses. In addition, the department may
				authorize other uses that do not conflict with the plan.
(d) On any parcel of land, up to three
				classifications may be used where the dominance of a particular use cannot be
				determined.
(e) All land classified
				after September 7, 1983 is open to mineral entry and location unless the land
				is closed by statute or by a mineral closing order prepared in conformance with
				AS
				38.05.185. State land may not be closed to
				mineral entry and location unless the commissioner finds that mineral entry and
				location is incompatible with significant surface uses, including those
				associated with other leasable mineral development. This finding may be made
				through an area plan. A mineral closing order will state the grounds for
				closing the lands to mineral entry. No land classified after September 7, 1983
				is restricted to mining under leasehold location unless the commissioner makes
				the determination required by
				AS
				38.05.185 and issues a leasehold location
				order. The determination may be made through an area plan.
(f) Unless closed to mineral entry by statute
				or by a mineral closing order, land classified before September 7, 1983 as
				commercial, greenbelt, industrial, public recreation, reserved use, resource
				management, watershed, or wildlife habitat land has been and remains available
				for leasehold locations under
				AS
				38.05.205. The leasing requirement remains in
				effect until the land is reclassified. At that time the land will
(1) be opened to mineral entry, in which case
				leasehold locations previously made will no longer be subject to the leasing
				requirement although the miner may retain the location as a leasehold
				location;
(2) be closed to mineral
				entry by a mineral closing order in accordance with
				AS
				38.05.185, in which case valid existing
				rights will not be affected; or
(3)
				remain available for leasehold locations, after a leasehold location order is
				issued in accordance with
				AS
				38.05.185.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.050 - Agricultural land

Current through May 31, 2024
Land classified agricultural is land that, by reason of its
				  climate, physical features, and location, is suitable for present or future
				  agricultural cultivation or development and that is intended for present or
				  future agricultural use.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS 38.05.300
AS
					 38.05.321
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.055 - Coal land

Current through May 31, 2024
Land classified coal is land where known coal resources exist
				  and where development is occurring or is reasonably likely to occur, or where
				  the coal potential has been determined to be high or moderate under
				  11 AAC 85.010.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.070 - Forest land

Current through May 31, 2024
Land classified forest is land that is or has been forested
				  and is suited for forest management because of its physical, climatic, and
				  vegetative conditions.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.075 - Geothermal land

Current through May 31, 2024
Land classified geothermal is land where known geothermal
				  resources exist and where development is occurring or is reasonably likely to
				  occur, or where there is reason to believe commercial quantities of geothermal
				  resources exist.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.080 - Grazing land

Current through May 31, 2024
Land classified grazing is land that is appropriate for
				  grazing and that is suitable, in the cultivated or uncultivated state, for
				  supporting domestic livestock or reindeer.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.095 - Heritage resources land

Current through May 31, 2024
Land classified heritage resources is land where there is
				  active preservation of, or research for, significant historical, prehistoric,
				  paleontological, or other cultural values or where there is reason to believe
				  that these values exist.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS 38.05.295
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.120 - Material land

Current through May 31, 2024
Land classified material is land that is suitable for the
				  extraction of common varieties of sand, gravel, stone, peat, clay, and other
				  similar materials.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.130 - Mineral land

Current through May 31, 2024
Land classified mineral is land where known mineral resources
				  exist and where development is occurring or is reasonably likely to occur, or
				  where there is reason to believe that commercial quantities of minerals
				  exist.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.135 - Oil and gas land

Current through May 31, 2024
Land classified oil and gas is land where known oil and gas
				  resources exist and where development is occurring or is reasonably likely to
				  occur, or where there is reason to believe that commercial quantities of oil
				  and gas exist.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.160 - Public recreation land

Current through May 31, 2024
Land classified public recreation is land that is suitable
				  for recreation uses, waysides, parks, campsites, scenic overlooks, hunting,
				  fishing or boating access sites, trail corridors, or greenbelts along bodies of
				  water or roadways.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS 38.05.295
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.170 - Reserved use land

Current through May 31, 2024
(a) Land classified reserved use is land that
(1) is reserved for transfer to another
				governmental or nongovernmental agency that is performing a public
				service;
(2) is reserved for
				transfer through land exchanges; or
(3) has been designated for a public
				facility.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.200 - Resource management land

Current through May 31, 2024
Land classified resource management is either
(1) land that might have a number of
				important resources but for which a specific resource allocation decision is
				not possible because of a lack of adequate resource, economic, or other
				relevant information, or is not necessary because the land is presently
				inaccessible and remote and development is not likely to occur within the next
				10 years; or
(2) land that contains
				one or more resource values, none of which is of sufficiently high value to
				merit designation as a primary use.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.202 - Settlement land

Current through May 31, 2024
An upland area classified settlement is land that is, by
				  reason of its physical qualities and location, suitable for year-round or
				  seasonal residential or private recreational use or for commercial or
				  industrial development. Tideland, submerged land, or shoreland classified
				  settlement is land that is suitable for floathomes, or land that is immediately
				  adjacent to upland areas with existing or proposed settlement and that will be
				  managed to support those existing or proposed upland settlement
				  uses.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.205 - Transportation corridor land

Current through May 31, 2024
Land classified transportation corridor is land that is
				  identified for the location of easements and rights-of-way under
				  AS
				  38.04.065(f), including
				  transportation, pipeline, or utility corridor purposes, or is under
				  consideration for a right-of-way lease.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.215 - Waterfront development land

Current through May 31, 2024
Land classified waterfront development is tideland, submerged
				  land, or shoreland that is suitable to be used for commercial or industrial
				  activities such as fish processing, aquatic farming, mineral and log transfer
				  facilities, or commercial recreation.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.222 - Water resources land

Current through May 31, 2024
Land classified water resources is land encompassing
				  watersheds or portions of watersheds and is suitable for such uses as water
				  supply, watershed protection, or hydropower sites.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.230 - Wildlife habitat land

Current through May 31, 2024
Land classified wildlife habitat is land which is primarily
				  valuable for
(1) fish and wildlife
				resource production, whether existing or through habitat manipulation, to
				supply sufficient numbers or a diversity of species to support commercial,
				recreational, or traditional uses on an optimum sustained yield basis;
				or
(2) a unique or rare assemblage
				of a single or multiple species of regional, state, or national
				significance.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS 38.05.900
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.240 - Reclassification

Current through May 31, 2024
Land will be reclassified if the commissioner determines that
				  the primary use designation of an area should be changed. Reclassification is
				  subject to the same procedural requirements as is classification, including
				  public and local participation under
				  AS
				  38.04.065 if the reclassification is based on
				  land use plan amendments.
Authority:
AS
					 38.04.900
AS 38.05.020
AS 38.05.035
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.250 - Notice

Current through May 31, 2024
In addition to the requirements of
				  AS
				  38.05.945, notice of a proposed
				  classification or reclassification of state land will identify the acreage and
				  location of the land involved, regardless of whether a legal description is
				  used, and the land use plan on which the proposed classification or
				  reclassification is based. The notice will specify one of the following methods
				  for public comment on the proposed classification or reclassification:
(1) a public hearing conducted by the
				department in person;
(2) a public
				hearing conducted by the department by teleconference;
(3) solicitation and consideration of written
				comments during a specified period.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.260 - No effect on valid existing rights

Current through May 31, 2024
No classification or reclassification affects valid rights
				  existing before the classification or reclassification. A classification or
				  reclassification applies only to state land.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.270 - Proposing classifications

Current through May 31, 2024
Any person, group, or agency may propose a classification or
				  reclassification. The applicant shall state the reasons for the proposal and
				  describe the area suggested. The proposal will be handled as follows:
(1) If the proposed classification is
				inconsistent with a regional land use plan adopted under
				AS
				38.04.065, the commissioner will either deny
				the proposed classification or propose to revise the plan as described in
				11 AAC 55.030(f).
(2) If a regional plan is being prepared or
				if preparation is scheduled to begin within one year, the commissioner will
				defer a decision on the proposed classification and will treat the proposal as
				public comment on the land use plan, unless the commissioner determines that
				sufficient urgency exists to follow the procedures of (3) of this
				section.
(3) If no regional plan
				exists or is being prepared, and if preparation of a regional plan is not
				scheduled to begin within one year, and if the commissioner determines that
				sufficient urgency exists, the commissioner will order the preparation of a
				site-specific plan for the purpose of reaching a decision on the proposed
				classification. However, the commissioner will deny the proposal if it
				recommends a type of land disposal for which
				AS
				38.04.065 prohibits the use of site-specific
				plans.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.272 - Effective date

Current through May 31, 2024
A classification takes effect on the date the classification
				  order is signed by the commissioner.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.277 - Existing classifications

Current through May 31, 2024
Beginning September 7, 1983, land previously classified under
				  one of the classifications in list (1) will be considered to be classified
				  under the corresponding classification in list (2):
(1) (2)Commercial Land Settlement Land Homesite Entry Land
				  Settlement Land Industrial Land Settlement Land Open-To-Entry Land Settlement
				  Land Private Recreation Land Settlement Land Greenbelt Land Public Recreation
				  Land Residential Land Settlement Land Utility Land Settlement Land Watershed
				  Land Water Resources Land Resource Assessment Land Resource Assessment Land
				  until reclassified
Authority:
AS
					 38.04.065
AS 38.05.020
AS 38.04.900
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 55 - Land Planning and Classification › 11 AAC 55.280 - Definitions

Current through May 31, 2024
In this chapter,
(1)
				"classification" means the designation of land according to its primary use,
				and in a manner that will provide maximum benefit to the people of
				Alaska;
(2) "commissioner" means
				the commissioner of the Department of Natural Resources;
(3) repealed 9/7/83;
(4) "department" means the Department of
				Natural Resources;
(5) repealed
				10/14/79;
(6) repealed
				10/14/79;
(7) "disposal" means the
				sale, lease, grant, or exchange of land or interests in land to another person,
				entity, or government agency;
(8)
				"land" means all land, including shore, tide, and submerged land and
				water;
(9) repealed
				9/7/83;
(10) repealed
				8/6/94.
Authority:
AS
					 38.04.065
AS 38.04.900
AS 38.05.020
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 1 - Use Limitation By Classification › 11 AAC 58.010 - Agricultural lands

Current through May 31, 2024
All lands leased for agricultural purposes shall be managed
					 and utilized in accordance with approved soil conservation practices as
					 employed in the area wherein the land is located.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 1 - Use Limitation By Classification › 11 AAC 58.020 - Commercial-industrial lands

Current through May 31, 2024
All lands leased for commercial or industrial purposes
					 shall be utilized only for these purposes, and in accordance with applicable
					 building and zoning codes. In the absence of such codes the lessee shall, at
					 least 30 calendar days prior to the commencement of construction or
					 utilization, file with the director a plot plan, a general description of
					 contemplated construction and a brief description of the business proposed. The
					 director shall reject said plan within 30 calendar days of receipt thereof if
					 he deems such utilization or construction contrary to the orderly development
					 of the area or incompatible with existing development.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 1 - Use Limitation By Classification › 11 AAC 58.030 - Grazing lands

Current through May 31, 2024
All lands leased for grazing purposes shall be managed,
					 stocked and utilized in accordance with approved range management practices as
					 employed in the area wherein the land is located. However, a lessee shall be
					 allowed to grow and harvest forage crops on a grazing lease for his own use.
					 Crops so produced shall not be sold. Grazing leases may be declared null and
					 void in whole or in part if the director determines that the land or a part
					 thereof is not being used for the purpose issued.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 1 - Use Limitation By Classification › 11 AAC 58.080 - Private recreational lands

Current through May 31, 2024
Lands classified as private recreational lands and leased
					 for that purpose shall be used for noncommercial recreational purposes. No more
					 than one residence shall be constructed on each lot so leased. However, the
					 director may, if he deems utilization or construction contrary to the orderly
					 development of the area or incompatible with existing development, after proper
					 notice, cancel the existing lease.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 1 - Use Limitation By Classification › 11 AAC 58.090 - Residential lands

Current through May 31, 2024
Lands classified as residential lands and leased for that
					 purpose shall be used for residential purposes only and in accordance with any
					 applicable building and zoning codes. In the absence of such codes the lessee
					 shall, at least 30 calendar days prior to commencement of construction or
					 utilization, file with the director a plot plan and a general description of
					 contemplated construction. The director shall reject said plan within 30
					 calendar days after receipt thereof if he deems such utilization or
					 construction contrary to the orderly development of the area or incompatible
					 with existing development.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 1 - Use Limitation By Classification › 11 AAC 58.100 - Reserved use lands

Current through May 31, 2024
Reserved use lands are available for leasing and may be
					 utilized under an Inter-agency Land Management Transfer. Lands transferred to a
					 qualified agency may be utilized by sublease or any other manner, provided such
					 utilization shall be consistent with the function assigned said agency and the
					 provisions of the Land Act and these regulations unless otherwise
					 exempted.
Authority:
AS
						38.05.020
AS
						38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 2 - Permits › 11 AAC 58.210 - Special land use permit

Current through May 31, 2024
The director, without prior approval of the commissioner,
					 may issue special land use permits on such terms and conditions as he deems to
					 be in the best interests of Alaska.
Authority:
AS
						38.05.020
AS 38.05.075
AS
						38.05.330
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.300 - Lands available for leasing

Current through May 31, 2024
All lands, including tide, submerged or shore lands, to
					 which Alaska holds title or to which Alaska may become entitled, may be leased,
					 as hereinafter provided, for surface use. Nothing herein contained shall
					 prevent the leasing of land classified for two or more purposes, provided that
					 surface leasing is allowed under one or more of such
					 classifications.
Authority:
AS
						38.05.020
AS
						38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.320 - Application

Current through May 31, 2024
A person seeking to lease state land must apply at the
					 regional office of the division nearest the land applied for on a form provided
					 by the department. The fees prescribed by 11 AAC 05.230 must accompany each
					 application.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.340 - No rights before leasing

Current through May 31, 2024
The filing of an application for a lease does not in any
					 way vest any right in the applicant to a lease or to the use of the land
					 applied for pending the issuance of a lease.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075