Statute or Regulation by tyndale


									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

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
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
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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
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                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
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
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                 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
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                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
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                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
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
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
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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
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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