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DEPARTMENT OF NATURAL RESOURCES, Division of Mining, Land and Water DRAFT DRAFT DRAFT The following list provides citations for most of our authorities that are applicable to land management. Many of the statutes and regulations are broad in nature. This list is intended to provide a starting point from which you may be able to identify areas where enforceable policies could provide greater specificity. Statute or Management responsibility or subject use or activity Regulation AS 38.04.005 State makes available land for private and public purposes Public access to public water is preserved when land is to be classified or settled AS 38.04.010 Lands made available to private parties for year-round settlement should be near areas where public services exist Lands made available to private parties for recreational purposes or low-density settlement should be located beyond the range of public service AS 38.04.015 Primary public interests for retaining state land in public ownership: 1) sustained-yield basis for subsistence, energy development, aquaculture, forestry, grazing, sport hunting and fishing, hiking, snowmobiling, skiing, and other activities, 2) facilitate mining and mineral leasing, 3) protect critical wildlife habitat and areas of special scenic, recreational, scientific or other environmental concern, 4) restrict development in hazardous locations such as floodplains and avalanche zones, and 5) guide settlement & development AS 38.04.020 Land disposal bank. AS 38.04.022 State land disposal income fund. AS 38.04.030 Land availability programs. AS 38.04.035 Criteria for program selection. AS 38.04.045 Survey and subdivision. AS 38.04.050 Access to private use areas. – Legal rights-of-way and easements shall be reserved for access and utility services, whenever state land is surveyed for private use. AS 38.04.055 Access through private use areas. Easements and rights-of-way on and across land that is made available for private use as necessary to reach or use public water and public and private land is reserved. AS 38.04.058 Restrictions on easement or right-of-way use. An easement may be restricted to protect public safety or property AS 38.04.060 Inventory. DNR shall prepare and maintain and inventory of all state land and water & their resource and other values AS 38.04.065 Land use planning and classification. DNR shall adopt, maintain & revise land use plans for the use and management of state-owned land AS 38.04.070 Management categories. DEPARTMENT OF NATURAL RESOURCES, Division of Mining, Land and Water DRAFT DRAFT DRAFT Page 2 AS 38.04.200 Traditional means of access may not be restricted for purposes of protecting aesthetics values unless: 1)the area is 640 acres or less, 2)temporary in nature, 3) for the protection of public safety and public and private property, 4) development of natural resources and alternative access is provided, and 5) authorized by the legislature AS 38.04.900 Regulations. AS 38.04.910 Definitions. AS 38.05.050 Disposal of land for private ownership. DNR shall determine which lands to dispose of for private use. AS 38.05.059 Sale of agricultural land. AS 38.05.070 General leasing. DNR shall preserve reasonable and traditional access to state land and water. AS 38.05.073 Lands available for recreational facilities development leasing shall be identified in a regional land use plan or site-specific land use plan AS 38.05.075 Leasing procedures. AS 38.05.082 Lease for shore fisheries development; account. Tide and submerged lands may be leased for fisheries development which includes shore gill nets or set nets for taking of fish. Every lease under this section shall reserve to the public a ROW for access to navigable waters and other tide and submerged land. The director may classify land for fisheries development AS 38.05.083 Aquatic farming and hatchery site leases. Sites may be leased for aquatic farming and related hatchery operations. AS 38.05.090 Removal or reversion of improvements upon termination of leases. AS 38.05.112 Forest land use plans. A site specific forest land use plan must be adopted to harvest timber from areas over 10 acres when clearing is for a nonforest use. AS 38.05.115 Limitations and conditions of sale. AS 38.05.117 Salvage sales. AS 38.05.118 Negotiated sales. Allows for negotiated sales for limited quantities of timber and other material. AS 38.05.125 Reservation. The subsurface estate remains in state ownership. AS 38.05.126 Navigable and public waters. The public is entitled to free access and use of navigable or public waters. No exclusive rights are given to owner of land bordering navigable or public water AS 38.05.127 Access to navigable or public water. DNR shall provide for easements or rights-of-way to navigable or public water before lease, sale, grant, or disposal of interest in state land. AS 38.05.127 Access to navigable or public water. Before the sale, lease, grant, or other disposal of any interest in state land DEPARTMENT OF NATURAL RESOURCES, Division of Mining, Land and Water DRAFT DRAFT DRAFT Page 3 adjacent to a body of water or waterway, the commissioner shall provide easements or ROW to ensure free access to and along the body of water. AS 38.05.128 Obstruction to navigable water. A person may not obstruct or interfere with the free passage or use of any navigable water unless . . . AS 38.05.180 Oil and gas leasing. AS 38.05.181 Geothermal resources. Article 8. Mining Rights. Article 9. Multiple Use of State Land. Article 10. Land Selection. Article 11. Parks and Recreation Areas. Article 12. Classification of Land. AS 38.05.810 Public and Charitable use. AS 38.05.820 Occupied tide and submerged land. AS 38.05.821 Tideland seaward of public recreational sites. AS 38.05.825 Conveyance of developed tide and submerged land to municipalities AS 38.05.830 Land disposal in the unorganized borough AS38.05.850 Permits and Easements – for roads, trails, ditches, transmission or distribution pipelines not subject to AS 38.35,telephone or electric transmission lines, etc, or revocable, nonexclusive permits for the personal or commercial use or removal of resources that the director has determined to be of limited value. 11 AAC 51 Public Easements – Reserved by the department, includes RS 2477, and is a valid and existing right. Construction of a road or trail does not create an easement. 11 AAC 51.015 Standards for public easements. Before selling, leasing or disposing of land, DNR will reserve public easements, including road and trail easements, access easements to and along navigable and public waters, and section line easements. 11 AAC 51.025 Section-line easements. 11 AAC 51.035 Determination of navigable and public water. 11 AAC 51.045 Easements to and along navigable and public water. Easements are created as part of the preliminary or proposed DEPARTMENT OF NATURAL RESOURCES, Division of Mining, Land and Water DRAFT DRAFT DRAFT Page 4 written decision under AS 38.05.035(e) before sale, lease, grant, or other disposal of interest in state land. 11 AAC 51.055 Identification of R.S. 2477 rights-of-way. 11 AAC 51.065 Vacation of easements. 11 AAC 51.100 Management of public easements, including R.S. 2477 right-of-way. A permit may be required for construction on a RS 2477 ROW. Commissioner may close an RS 2477 ROW to protect public safety, protect the ROW and the servient estate against damage, or protect or manage other resources in or near the RS 2477 ROW. 11 AAC 51.900 Definitions – related to means of travel, types of access, and surveys 11 AAC 53.420 Access. Legal access must be provided to the subdivision, including roads, trails, airfields, and docks. 11 AAC 53.440 Utility easements. Adequate widths must be reserved for utilities. 11 AAC 53.450 Buffer strips, reserved areas, and public easements. Applies to subdivisions. 11 AAC 53.630 Legal access. Provides for public access to each lot in a subdivision. Chapter 55 Land Planning and Classification. 11 AAC 55.010 Application of chapter. 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. Classification will identify primary uses, however all lands are managed for multiple uses. 11 AAC 55.020 Planning and classification. Land use plans and revisions provide state management objectives and may contain guidelines to resolve conflicts among competing uses. 11 AAC 55.030. Land use plan. Area plans are for a region or subregion of the state. The following items are included: existing land uses and ownership patterns, goals and objectives for each resource, land classifications, consideration of mineral potential, and management guidelines and intent. Management plans are for a region or subregion, generally more detailed than an area plan and describes how resource decisions will be implemented. Site-specific plans, are prepared in the absence of a regional plan and contains the items required of an area plan. 11 AAC 55.040 Classification. Reflects surface impacts of both surface and subsurface uses. Surface 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. Primary and secondary uses are identified. DNR may authorize that other uses do not conflict with the plan. Land is open to mineral entry unless closed by the commissioner. 11 AAC 58. Leasing of Lands. 11 AAC 58.010 Agricultural lands. 11 AAC 58.020 Commercial-industrial lands. All lands leased for the purposed of commercial or industrial purposes shall be used DEPARTMENT OF NATURAL RESOURCES, Division of Mining, Land and Water DRAFT DRAFT DRAFT Page 5 for only those purposes. 11 AAC 58.030 Grazing lands. Lands leased for grazing purposes shall be managed, stocked, and utilized in accordance with an approved range management practices. 11 AAC 58.080 Private recreational lands. Must be used for noncommercial recreational purposes. No more than one residence per lot. 11 AAC 58.090 Residential lands. May be used for residential purposes only. 11 AAC 58.100 Reserved use lands. Available for leasing from another agency. 11 AAC 58.210 Special land use permit. The director may issue special land use permits. 11 AAC 58.300 Lands available for leasing. All state lands, including tide, submerged or shore lands, may be leased for surface use. Nothing shall prevent the leasing of land classified for two or more purposes, provided the surface leasing is allowed under one or more of the classifications. 11 AAC 58.510 Lease utilization. Leases must be used for the purposes within the scope of lease and land classification. A development plan may be required. 11 AAC 58.730 Use of materials. Use of materials from a leased site requires a separate authorization. 11 AAC 58.740 A right-of-way or easement may be granted across leased land if in the best interest of the state. Chapter 62. Tide and Submerged Lands. 11 AAC 62.020 Ownership. 11 AAC 62.180 Unoccupied and unappropriated state owned tide and contiguous submerged lands. When not limited by general law, the non-exclusive use of unoccupied and unappropriated state owned tide and submerged lands shall not be denied any citizen of the US or resident of Alaska. 11 AAC 62.690 Non-preference right tidelands. When in the best interest of the state, the director may grant leases or permits for the use of state-owned tidelands. 11 AAC 62.700 Leasing. State owned tide and submerged lands shall be lease pursuant to ch. 58. In addition to requirements of ch. 58, the applicant shall submit a development plan stating 1) the purpose of construction or improvements, 2) the type of construction, and 3) the date the construction will begin and end. Chapter 63. Aquatic Farmsite Permits and Leases. 11 AAC 63.010 Applicability. Applies to the development and operation of an aquatic farm or related hatchery. Lease may apply to the associated storage and housing facilities and incidental use of the lease site for temporary holding of commercially harvested wild stock acquired under AS 16. 11 AAC 63.040 Associated facilities; upland owner preference right; upland owner access right. The commissioner may authorize DEPARTMENT OF NATURAL RESOURCES, Division of Mining, Land and Water DRAFT DRAFT DRAFT Page 6 associated facilities for storing equipment or housing personnel at an aquatic farmsite 11 AAC 63.050 Application review; best interest finding. Scope of review will consider: 1) whether aquatic farming is compatible with land management policies applicable to the proposed aquatic farmsite and nearby upland; 2) whether aquatic farming conflicts with existing or pending uses, including consideration of impacts to nearby communities or residential land, traditional an existing uses, historic and cultural resources, and commercial or industrial facilities; 3) how public access to and along waters and the upland owner’s right of reasonable access to tidewater will be ensured by reserving easements; 4) how the interests served by the public trust doctrine – right to use navigable waters and the land beneath them, navigation, commerce, fishing, & other purposes- will be protected; 5)whether special lease provisions or other measures are needed to mitigate identified conflicts; and 6) other significant social, economic, and environmental effects of the proposed aquatic farming. 11 AAC 63.110 General lease provisions. Lease is subject to all applicable federal, state and local laws. Amendments to the lease development plan must be submitted to DNR before the changes can be implemented. The following changes do not require an amendment nor do they constitute a significant modification under the ACMP: change in species or number of shellfish or aquatic plants being raised if permitted by ADF&G and change in the number or type of rearing structures authorized within lease boundaries if the change does not obstruct navigation to other public uses. Chapter 64. Shore Fisheries Leasing. 11 AAC 64.050 Tide and submerged land available for leasing. The director will classify for leasing unappropriated tide and submerged lands where set gillnet fishing is allowed by the ADF&G. Chapter 65 Personal Use Cabin Permits. For cabins built on state land prior to 1984. Cabins built after 1984 will not be authorized. The intent of this chapter is to phase out the use of unauthorized cabins on state land, and where appropriate convert them to public use. Chapter 67 Disposal of Land. Article 8B Remote Recreational Cabin Sites. 11 AAC 67.845 Access. Each remote recreational cabin site is subject to an access and utility easement 15 feet wide along each boundary. Chapter 71 Timber and Material Sales. 11 AAC 71.265 Rehabilitation and intensive management practices. The director will, in his discretion, require a purchaser of material to rehabilitate the sale area. Chapter 84. Other Leasable Minerals. Refers to the following: phosphates, oil shale, sodium, sulphur, potassium, and DEPARTMENT OF NATURAL RESOURCES, Division of Mining, Land and Water DRAFT DRAFT DRAFT Page 7 geothermal. Chapter 85. Coal. Chapter 86. Mining Rights. 11 AAC 86.145 Surface use. Chapter 91. Zoning. Chapter 93. Water Management. 11 AAC 93.210 Temporary Water Use. Chapter 94. Trapping Cabin Construction Permits. Chapter 96. Miscellaneous Land Use. Purpose of the chapter is to manage uses and activities on state public domain land, including shoreland, tideland, and submerged land, in order to minimize adverse effects on the land and its resources. 11 AAC 96.010 Uses requiring a permit. Use of explosives, uses not listed as generally allowed uses (11 AAC 96.020), use of hydraulic prospecting or mining equipment, drilling to a depth in excess of 300 ft., geophysical exploration for minerals, commercial recreation camp or facility, and an event of more than 50 people. 11 AAC 96.014 Special use land. Lists sites and areas of state land that the DNR has designated, after public notice, as special use land. Special requirements apply to each area, as well as the requirements applicable to state land under AS 38. 11 AAC 96.020 Generally allowed uses. 11 AAC 96.025 Conditions for generally allowed uses. Chapter 97. Mining Reclamation. Applicability. This chapter applies to the approval of reclamation plans, reclamation bonding, and enforcement of reclamation requirements under AS 27.19 for locatable mineral and material mining operations on state, federal, municipal, and private land. 11 AAC 97.200 Land reclamation performance standards. 11 AAC 97.300 Reclamation plan approval procedure. Typically a review will be completed within 30 days of receipt of a complete application. If a mining operation requires an individual project review to determine its consistency with the ACMP, the application review schedule will comply with 6 AAC 50. Chapter 195. Anadromous Fish Habitat. 11 AAC 196.010 Waters important to anadromous fish.
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