Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 63 - Aquatic Farmsite Permits and Leases › 11 AAC 63.040 - Associated facilities; upland owner preference right; upland owner access right

Current through May 31, 2024
(a) The commissioner will, in the
				commissioner's discretion, authorize associated facilities for storing
				equipment or housing personnel at an aquatic farmsite, including upland managed
				by the department under AS 38, if the commissioner is satisfied that the
				associated facilities are necessary for aquatic farming. An applicant who wants
				authorization for associated facilities must request it as part of the lease
				application so that it can be considered during agency and public review. If a
				lessee intends to anchor or stay at the aquatic farmsite for a period of more
				than 14 consecutive days, the lessee shall disclose this intent in writing as
				part of the lessee's lease application. The lessee's intent to stay or anchor
				at the aquatic farmsite for more than 14 days is a factor to be considered in
				appraising the fair market value of the lease.
(b) The conditions in this subsection apply
				to an authorization for personnel housing at an aquatic farmsite. The
				commissioner will authorize personnel housing only if the applicant shows that
				(1) the level of site development at the time the housing is expected to begin
				will require that personnel be present on a daily basis, (2) the personnel
				cannot reasonably commute to the site by road, boat, or aircraft on a daily
				basis, and (3) nearby land suitable for housing is not available for rent or
				sale. The housing facility may not be used as the personnel's permanent place
				of abode. It must be designed and constructed so that it can be removed and the
				site completely restored within 30 days if the lease terminates or if housing
				personnel at the aquatic farmsite ceases to be necessary. The housing facility
				may not be placed on a permanent foundation.
(c) The conditions in this subsection apply
				to an authorization for floating housing at an aquatic farmsite. The
				commissioner will authorize floating housing only if that use is consistent
				with the floathouse provisions and management intent of an applicable land use
				plan or zoning ordinance, and if the Department of Environmental Conservation
				determines that floating housing would not result in degraded water quality
				that would be incompatible with raising shellfish or aquatic plants for human
				consumption.
(d) The nature and
				extent of associated facilities are a factor in setting the security amount
				under 11 AAC 63.080 and appraising the
				fair market value of a lease.
(e)
				After a lease terminates, the former lessee has no entitlement or preference
				right to continue using or occupying any portion of the former aquatic
				farmsite, including anchoring a floathouse at the site or on other state land,
				unless the person has obtained a new authorization from the
				department.
(f) Under this
				subsection, the commissioner grants an aquatic farmsite lease preference right
				to eligible upland owners and lessees in order to increase the compatibility of
				aquatic farming with upland management policies. The owner or lessee of
				adjacent or nearby upland may request a preference right to an aquatic farmsite
				lease by agreeing to place the owner's or lessee's associated facilities for
				storing equipment or housing personnel on the owner's or lessee's own land or
				leasehold rather than on state-owned land or other public land. The following
				apply to a preference right under this subsection:
(1) For an upland owner or lessee to be
				eligible, the applicant's development plan must demonstrate that the associated
				facilities are necessary for aquatic farming.
(2) For an upland lessee to be eligible, the
				term of the upland lease must equal or exceed the term of an aquatic farmsite
				lease. A U.S. Forest Service special use permit does not constitute a leasehold
				interest that would make the holder eligible for a preference right under this
				subsection.
(3) A preference right
				granted under this subsection is secondary to a preference right that the
				department provides under
				11 AAC 63.090(a).
(4) If the number of applications eligible
				for a preference right for an upland owner or lessee exceeds the number of
				leases that the commissioner decides to grant, the commissioner will hold an
				auction as set out in
				11 AAC 63.030(d)
				among the preference-eligible applications only.
(5) An upland owner or lessee who wants a
				preference right for aquatic farming shall apply under this subsection rather
				than under
				AS
				38.05.075(c).
				AS
				38.05.075(c) does not give
				an upland owner or lessee an entitlement or preference right to an aquatic
				farmsite lease.