Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.840 - Definitions

Current through May 31, 2024
In these regulations the following terms shall have the
				  meaning indicated unless the context clearly requires a different
				  meaning:
(1) "Act" means the Alaska
				Land Act, AS 38.05;
(2)
				"commissioner" means the Commissioner of the Department of Natural Resources of
				Alaska;
(3) "director" means the
				Director of the Division of Lands of the Department of Natural
				Resources;
(4) "division" means the
				Division of Lands within the Department of Natural Resources. Administrative
				powers and other delegated duties as prescribed by law or regulations are
				vested in the director;
(5) "filing
				hours" are the hours between 10:00 a.m. and 3:00 p.m. on business days, which
				are Mondays through Fridays, except holidays;
(6) "land" means all tide and submerged lands
				under the jurisdiction of the division;
(7) "lease" means a lease issued or held
				pursuant to chs. 58, 64 and 80 of this title;
(8) "order" means a determination made by the
				director or the commissioner in accordance with authority lawfully vested in
				him, issued in writing, filed in the permanent files of the division, posted in
				a conspicuous place in the offices of the division, and made continuously
				available for inspection by the public;
(9) "section" means a section of these
				regulations;
(10) "part" means a
				part of these regulations;
(11)
				"person" means any person, firm, corporation, cooperative association,
				partnership or other entity legally capable of owning land or an interest
				therein;
(12) "occupant" means any
				person as defined herein, or his successor in interest, who actually occupied
				for any business, residential, or other beneficial purpose, tidelands, or
				tidelands and submerged lands contiguous thereto, within the state, on or prior
				to January 3, 1959, with substantial permanent improvements. The holder of a
				permit of clearance in respect to interference of navigation, or of a special
				use permit from a government agency will not qualify as an "occupant" unless
				such entry on the land had, through exercise of reasonable diligence, resulted
				in actual occupancy and substantial permanent improvements as hereinafter
				mentioned. No person shall be considered an occupant by reason of having
(A) placed a fish trap in a position for
				operation or storage upon the tide, shore, or submerged land;
(B) placed a setnet or piling therefor or any
				other device or facility for taking of fish;
(C) placed pilings or dolphins for log
				storage or other moorage;
(D)
				placed floats or vessels upon the tide, shore or submerged land;
(E) placed telephone, power or other
				transmission facilities, roads, trails or other improvements not requiring
				exclusive use of possession of tide or contiguous submerged lands; or
(F) claimed the land by virtue of some form
				of constructive occupancy.
Where land is occupied by a person other than the owner of
				  the improvements thereon, the owner of the improvements shall, for the purposes
				  of this section, be considered the occupant of such lands;