11 AAC 05.010. Fees

(a) Non-refundable fees to apply for authorizations, and fees to obtain publications or services from the department, are as follows:

(1) repealed 10/27/2002;

(2) forestry

(A) repealed 9/10/2005;

(B) beach log salvage license fee, $1,000;

(D) transfer of log brand registration fee, $25;

(E) renewal of log brand registration fee, $25;

(F) repealed 5/5/93;

(G) repealed 9/10/2005;

(3) material sales

(A) application fee for negotiated material sale, $100;

(B) application fee for competitive material sale, $100;

(4) land disposals

(A) repealed 2/9/2001;

(B) homestead, remote recreational cabin site, or homesite purchase contract fee, $100;

(D) partial assignment of agricultural rights, $100, or $200 if the assignee is a corporation;

(E) assignment of contract, homesite entry permit, or homestead entry permit, $100, or $200 if the assignee is a corporation;

(F) amendment of contract, homesite entry permit, or homestead entry permit, $100;

(G) application fee to participate in a state land disposal during the initial filing period or during the period in which land is offered over the counter,

(i) homesite entry permit, $25;

(ii) lottery parcel under AS 38.05.057 , $25;

(iii) homestead or remote recreational cabin site staking authorization, $25;

(H) collateral assignment of contract, $75;

(I) survey deposit before issuance of homestead entry permit, $250;

(J) sale contract administration services performed by a private person rather than by the department, the actual cost for those services, as set out in the contract between the department and the private person who provides them;

(5) revocable and temporary surface use authorizations

(A) combined application and permit fee for trapping cabin permit, $100;

(B) application for issuance, extension, or amendment of land use permit, including recreation rivers permit or commercial-use permit application for use within the recreation rivers system, $100;

(D) public right-of-way or easement application, $100;

(E) repealed 12/7/2002;

(F) commercial recreation registration required by 11 AAC 96.018, $50;

(6) surface leasing

(A) application for private right-of-way or easement, $100;

(B) application for millsite lease, $100;

(D) application for renewal or extension of lease, $100, except as provided in (L) of this paragraph;

(E) application for sublease or assignment of lease, $100, or $200 if the sublessee or assignee is a corporation;

(F) application for grazing lease, $100;

(G) application for shore fisheries lease or for transfer of shore fisheries lease application, $100;

(H) pipeline right-of-way application,

(i) $500 for a proposed pipeline of less than 50 miles; or

(ii) $1,000 for a proposed pipeline of 50 miles or more;

(I) lease amendment, including major amendment to lease development plan, $100;

(J) tideland lease application, $100;

(K) application for aquatic farmsite lease or for amendment or assignment of aquatic farmsite lease, $100, or $200 for an assignment to a corporation;

(L) application for remote recreational cabin site lease, $100 for the first term; no application fee for an extension or for a renewal for a second term;

(M) security assignment of lease, $75;

(7) other, or general, land management not covered elsewhere

(A) application for agricultural preference right, $100;

(B) application for preference right for purchase by present lessee, $100;

(D) application for land exchange, $100;

(E) petition to change or vacate easement, $100;

(F) surface lease or sale document handling fee, $100;

(G) application for transfer of escheated land under AS 38.95.240 (e), $250;

(H) repealed 5/03/2001;

(I) application for repayment agreement for agricultural sale contract payment moratorium, $100 or one percent of the accrued interest, whichever is greater, up to a maximum of $300;

(J) application for renewal of personal use cabin permit, $100;

(K) application for approval, amendment, extension, renewal, or transfer of reclamation plan for a material mining operation under AS 27.19, $100;

(L) inspection of material mining reclamation before release of bond under AS 27.19, $100;

(M) inspection of land subject to a land use authorization other than for mineral development if the inspection is (i) required by the authorization; (ii) necessary to determine whether previous noncompliance with the authorization has been corrected; or (iii) performed to investigate alleged noncompliance and confirms noncompliance, either $100 or the division's actual expenses in the director's discretion;

(8) water management

(A) fees in accordance with this subparagraph for designated regulatory services under AS 46.15, unless, for fees under (iii), (iv), (v), or (x) of this subparagraph for services not subject to a fixed fee, the applicant makes a written request for and reaches a negotiated service agreement with the department under AS 37.10.052 (b); in addition to the hourly fee charged under (iii), (iv), (v), or (x) of this subparagraph for services not subject to a fixed fee, the department will charge any additional fee necessary to pay for actual and reasonable direct costs under AS 37.10.052 (d), including costs under (14) of this subsection for recordation by the department, and including costs allowable under AS 37.10.052 - 37.10.058 for travel, publication, and professional services; however, after the receipt of a request from a prospective applicant and before the filing of an application or request for a regulatory service listed in (iii), (iv), (v), or (x) of this subparagraph and not subject to a fixed fee, the department will provide the applicant a written estimate of the cost for the department to process the application; if the department determines after receiving an application that the department's costs are likely to exceed a prior written department estimate, the department may give the applicant additional written estimates detailing the additional cost for the department to continue processing the application, and may require payment of the appropriate additional fee amount before the department undertakes additional processing; fees required under this subparagraph are set out in the following table:

CLICK TO VIEW TABLE

(B) repealed 2/15/2006;

(D) repealed 2/15/2006;

(E) repealed 2/15/2006;

(F) repealed 2/15/2006;

(G) repealed 2/15/2006;

(H) repealed 2/15/2006;

(I) certificate of approval under 11 AAC 93.167 for a dam constructed before May 31, 1987, $50 for each foot of vertical height of the dam;

(J) certificate of approval under 11 AAC 93.171 or 11 AAC 93.172 for dam construction, repair, modification, removal, or abandonment, a fee, based on the cost estimate prepared under 11 AAC 93.171(f) (4)(D), and according to the following cumulative schedule, but in no case less than $500:

(i) for the first $100,000, a fee of two percent of that portion of the estimated cost;

(ii) for the next $400,000, a fee of one percent of that portion of the estimated cost;

(iii) for the next $500,000, a fee of one-half of one percent of that portion of the estimated cost;

(iv) for all costs in excess of $1,000,000, a fee of one-quarter of one percent of that portion of the estimated cost;

(K) transfer of certificate of approval issued under 11 AAC 93.167, 11 AAC 93.171, or 11 AAC 93.173, $100;

(L) staff time for research, $50 for each hour;

(M) annual administrative service fee for each appropriation of water for which a permit, certificate, or an authorization for temporary use of water has been issued, $50 per year; however, the following uses are exempt from the annual administrative service fee:

(i) a permit or certificate authorizing the use of 500 gallons or less per day for all uses;

(ii) a permit or certificate authorizing domestic use of 1,500 gallons or less per day for one single-family residence or duplex;

(iii) a reservation of water under AS 46.15.145 ;

(N) inspection for onsite monitoring of a permit to appropriate water or a certificate of appropriation issued by the division of water, not more than $250 per year per permit or certificate issued, unless otherwise specified as a condition of the permit or certificate;

(O) repealed 2/15/2006;

(P) the water conservation fee for water appropriated or to be appropriated in accordance with AS 46.15.040 and removed from a hydrologic unit in accordance with AS 46.15.035 is as follows and applies to the total quantity of water appropriated or removed within a calendar year, by a person, as defined in AS 46.15.260 , or a combination of related persons:

(i) $3 per acre-foot per year for any appropriation of a significant amount of water up to 5,000 acre-feet, or for any other significant amount of water, as defined in 11 AAC 93.970, with a minimum fee of $ 50;

(ii) $6 per acre-foot per year for more than 5,000 and up to 15,000 acre-feet;

(iii) $8 per acre-foot per year for more than 15,000 and up to 25,000 acre-feet;

(iv) $12 per acre-foot per year for more than 25,000 and up to 50,000 acre-feet;

(v) $15 per acre-foot per year for more than 50,000 and up to 100,000 acre-feet;

(vi) $18 per acre-foot per year for more than 100,000 and up to 150,000 acre-feet;

(vii) $21 per acre-foot per year for more than 150,000 and up to 300,000 acre-feet;

(viii) $24 per acre-foot per year for more than 300,000 and up to 500,000 acre-feet;

(ix) $27 per acre-foot per year for more than 500,000 and up to 1,000,000 acre-feet; and

(x) $30 per acre-foot per year for more than 1,000,000 acre-feet;

(Q) the water conservation fee for water purchased from the state and removed from a hydrologic unit in accordance with AS 46.15.037 is as follows and applies to the total quantity of water purchased within a calendar year, by a person, as defined in AS 46.15.260 , or a combination of related persons:

(i) $2 per acre-foot per year for any water up to 5,000 acre-feet with a minimum fee of $ 50;

(ii) $4 per acre-foot per year for more than 5,000 and up to 15,000 acre-feet;

(iii) $6 per acre-foot per year for more than 15,000 and up to 25,000 acre-feet;

(iv) $8 per acre-foot per year for more than 25,000 and up to 50,000 acre-feet;

(v) $10 per acre-foot per year for more than 50,000 and up to 100,000 acre-feet;

(vi) $12 per acre-foot per year for more than 100,000 and up to 150,000 acre-feet;

(vii) $14 per acre-foot per year for more than 150,000 and up to 300,000 acre-feet;

(viii) $16 per acre-foot per year for more than 300,000 and up to 500,000 acre-feet;

(ix) $18 per acre-foot per year for more than 500,000 and up to 1,000,000 acre-feet; and

(x) $20 per acre-foot per year for more than 1,000,000 acre-feet;

(9) locatable minerals

(A) application for offshore prospecting permit, $100;

(B) application for conversion of a mining claim, leasehold location, or offshore prospecting permit to lease, $250;

(D) application for assignment of a lease, $250;

(E) application

(i) for a plan of operations, $150, plus $50 for each year for multi-year plan of operation applications up to five years; an application for a plan of operations may include, at no additional fee, an application or other filing under AS 46.15 for a permit to appropriate water, certificate of appropriation, or temporary water use authorization;

(ii) for an amendment to an approved plan of operations, $50;

(F) application

(i) for a land use permit for exploration or development of a mineral location, commonly referred to as an Annual Placer Mining Application, $150, plus $50 for each year for multi-year permit applications up to five years; an application under this sub-subparagraph may include, at no additional fee, an application or other filing under AS 46.15 for a permit to appropriate water, certificate of appropriation, or temporary water use authorization;

(ii) for an amendment to an approved permit, $50;

(G) application for certificate of substantial compliance, $250;

(H) the department will establish the fees for a voluntary large mine permitting process on a negotiated basis to reflect agency costs;

(10) leasable minerals, including coal, phosphates, oil shale, sodium, sulphur, potassium, oil and gas, and geothermal

(A) application for coal or geothermal prospecting permit, $100;

(B) application for conversion of coal or geothermal prospecting permit to lease, $100;

(D) application for formation of unit or Cook Inlet discovery royalty, $5,000;

(E) major amendment or expansion of unit agreement, $500;

(F) application for plan of operations on leased land, $250 per application, or at the applicant's option, an annual fee of $10,000 to cover all of that applicant's plans of operations in that year;

(G) application for land use permit for exploration on unleased land, $250;

(H) application for rental and royalty relief, $250;

(I) application for suspension of production or operations, $250;

(J) application for oil and gas storage lease, $50;

(K) modification of work commitment, $50;

(L) set of oil and gas lease sale tract maps for bidders in competitive oil and gas lease sales, $50;

(M) application for transfer of working or royalty interest in an oil and gas lease, $150;

(N) application for shallow natural gas lease, $5000;

(11) mineral regulatory authorities

(A) notice of intent to explore for coal filing fee, $100;

(B) application for coal exploration permit, $500;

(D) major revision of coal surface mining permit or incidental boundary revision, $500;

(E) renewal of coal surface mining permit within previously approved boundaries, $500;

(F) renewal of coal surface mining permit with additional acreage, $1,000;

(G) transfer, assignment, or sale of surface coal mining permit, $500;

(H) application for geothermal exploration permit, $50;

(I) application for geothermal drilling permit, $100;

(J) application for blaster's certification under 11 AAC 90.775, $50;

(12) parks and outdoor recreation, except for activities in a state park operated under a concession contract or a competitive and exclusive use permit

(A) the fee for overnight use of a developed campsite, except the uses covered in (D) or (F) of this paragraph, shall be established by order of the director and posted in pertinent campgrounds, but may not exceed the greater of

(i) $30 per night, per site; or

(ii) $30 per vehicle, per night, except that a second vehicle is free if the developed campsite is numbered and can accommodate a second vehicle without hindering campground traffic flow or the use of nearby or adjoining campsites, parking of the two vehicles will not result in the vehicles being driven or parked off of a developed road or parking space, and the total number of campsite occupants is no more than 12 persons or no more than the total number established under 11 AAC 12.210;

(B) repealed 5/24/96;

(i) the type of campsites in the park unit;

(ii) public demand for the park unit's campsites;

(iii) prevailing fees at nearby public and private facilities of a similar nature;

(iv) the park unit's proximity to urban areas; and

(v) other factors affecting the park unit's quality, such as density of campsites, forest cover, and adjoining land uses;

(D) repealed 1/16/2005;

(E) the fee for use of a public use cabin in a state park unit shall be established by order of the director, but may not exceed $100 per night;

(F) the fees for the following shall be established by order of the director, and may not exceed

(i) $30 per person for guided tours of historic sites;

(ii) $10 per boat per day, or $100 per boat per year for a nontransferable calendar year annual boat launching pass decal, for use of an improved boat ramp in a park facility developed principally for boat launching; or

(iii) $10 per vehicle for use of a dump station;

(iv) $1,000 per day for a special park use permit that allows the reserved exclusive use of a park facility or building, including a visitor center, historic building, shelter, group picnic area, group activity area, and group camping area;

(v) repealed 5/5/93;

(vi) $15 per bundle for the sale of firewood;

(vii) $10 per vehicle per calendar day, or $100 per vehicle for a nontransferable annual pass, for parking for day use of a developed trailhead, access site, or picnic site that has developed parking and rest rooms;

(viii) $5 for each person over 10 years of age for admission to a visitor center or historic site;

(ix) $30 for each person over 10 years of age who is in attendance at a program related to natural or cultural history, outdoor skills or education, or other topics concerned with public use, enjoyment, or understanding of parks;

(x) repealed 1/16/2005;

(G) repealed 1/16/2005;

(H) fees for a park use permit for a non-commercial activity, as follows:

(i) for a permit required under 11 AAC 18.010(a) (1) or an authorization under 11 AAC 21.120(a) (1), the fee is $25;

(ii) for a permit required under 11 AAC 18.010(a) (2), (4) - (6), (8), (10), or (11), the non-refundable permit application fee is the cost to the department for processing the application, not to exceed $250; if the permit is granted, the additional permit fee for department activities directly related to the permit to minimize impacts on the park is the anticipated cost to the department of those activities, not to exceed $2,500;

(iii) for a permit described in this paragraph, the director may waive all or a portion of the fees described in this paragraph, if the director determines that the department's anticipated cost of activities directly related to the permit and the impact on the park of the use under the permit are negligible;

(I) the fees for a non-competitive park use permit for commercial activity, as defined in 11 AAC 12.340, are

(i) a $100 non-refundable permit application processing fee;

(ii) an additional permit fee established by order of the director but not to exceed $500 for residents and not to exceed $1,000 for non-residents if the application is granted, except that for any sport fishing guide services within the Kenai River Special Management Area a $700 permit fee for residents and a $1,600 permit fee for non-residents is required if the application is granted;

(iii) a daily per client fee negotiated under 11 AAC 18.030 or 11 AAC 21.100(b) ;

(iv) an annual fee of $150 for each rental boat provided for use in the Kenai River Special Management Area under 11 AAC 18.030 and 11 AAC 20.890, in addition to fees applicable under (i) or (ii) of this subparagraph;

(J) repealed 5/5/93;

(K) for purposes of this paragraph, "director" means the director of the division of parks and outdoor recreation, in the department;

(L) for the purposes of this paragraph, "overnight use" means using or occupying a campsite by a person or vehicle, or erecting a tent or shelter or arranging bedding, or both, in order to stay any time at a site between 6:00 p.m. and 9:00 a.m. local time;

(M) for the purposes of this paragraph, "vehicle" means a motorized or non-motorized device, capable of carrying people or objects, that is used as the principal means of access to or occupancy of a campsite, and includes automobiles, trucks, motorhomes, aircraft, motorcycles, campers, and trailers;

(N) for purposes of this paragraph, "resident" means the same as defined in AS 16.05.940 ;

(O) for the purposes of this paragraph, "guide services" means services offered or supplied by a person to another person with the intent of receiving valuable consideration through barter, trade, or other commercial means, by accompanying and directing the other person's activities in a state park; "guide services" include operating a vehicle to provide transportation for any recreational activity, including hunting, fishing, hiking, skiing, mountaineering, photography, sightseeing, rafting, kayaking, canoeing, and flying; supplying equipment and personal instruction for its use while in a park; baiting hooks; netting and cleaning fish; cooking meals; assisting with rod and reel operation; assisting in the taking of wildlife; leading; teaching; training; supervising; protecting; and choosing routes, paths, and recreational use methods;

(P) for purposes of this paragraph, "sport fishing guide" means a person who provides guide services to another person in pursuit of catching or taking fish, or the experience associated with attempting to catch or take fish;

(Q) for purposes of this paragraph, "rental boat" means a boat as defined in AS 05.25.100 and the provision of which constitutes a commercial activity under 11 AAC 12.340 and 11 AAC 20.890;

(13) survey and platting

(A) issuance or amendment of survey instructions, $50 for a remote recreational cabin site lease, replat, or right-of-way vacation, and $225 for any other type of survey;

(B) plat review under AS 38.04.045 ,

(i) first review of first parcel or tract per plat, $200, and $50 for each additional parcel or tract per plat, with the second review at no charge;

(ii) third and each additional review of first parcel or tract per plat, $300 each, and $100 for each additional parcel or tract per plat;

(i) first copy, no fee; and

(ii) each additional copy, $25;

(D) combined shore fishery diagram preparation instructions and diagram review, $150, which is in lieu of the fees set out in (A) and (B) of this paragraph;

(E) plat review under AS 40.15.305 ,

(i) first review of a plat depicting 15 or fewer parcels or tracts, $200 for the first parcel or tract per plat, and $50 for each additional parcel or tract per plat;

(ii) first review of a plat depicting 16 or more parcels or tracts, $910 for the first 16 parcels or tracts per plat, and $10 for each additional parcel or tract per plat;

(iii) second review of a plat, no charge;

(iv) third and each additional review of a plat, the fee set out in (i) or (ii) of this subparagraph, depending on the number of parcels shown on the plat;

(14) recorder's office

(A) recording first page of a document, $20;

(B) recording second and each subsequent page of the same document, $5;

(D) repealed 1/17/90;

(E) repealed 1/17/90;

(F) plat recording fee,

(i) $20 for first sheet; and

(ii) $5 for each additional sheet;

(G) certifying copies, $5 each document;

(H) conforming copies, $2 each document;

(I) photocopies of recorded documents,

(i) $1.25 for first page; and

(ii) $.25 for each additional page of the same document;

(J) plat copies

(i) repealed 1/14/2004;

(ii) any size on paper, $3 per sheet;

(iii) any size on polyester film, $6 per sheet;

(K) microfiche or aperture card duplicate, $3;

(L) repealed 8/23/2001;

(M) CD-ROM from a district recording office, if available from that office, of

(i) daily or weekly recorded document images for a single district or any combination of districts processed by that office, $10 for up to 50 sequential documents, $15 for 51 to 100 sequential documents, $20 for 101 to 250 sequential documents, and $25 for 251 or more sequential documents; or

(ii) historical plat images, $.50 per image, with a $25 minimum charge for up to 50 plat images;

(N) CD-ROM from the archives unit of the state recorder's office of

(i) daily or weekly recorded document images, for a single district or any combination of districts within a region, $10 for up to 50 sequential documents, $15 for 51 to 100 sequential documents, $20 for 101 to 250 sequential documents, and $25 for 251 or more sequential documents;

(ii) daily recorded document images for all districts within a region, $25 per region;

(iii) weekly recorded document images for all districts within a region, $100 per region;

(iv) monthly recorded document images for all districts within a region, $350 per region;

(v) monthly recorded plat images for a region, $25 per region; or

(vi) historical plat images, $.50 per image, with a $25 minimum charge for up to 50 plat images;

(15) Uniform Commercial Code (UCC)

(A) UCC initial financing statement, $20 per filing;

(B) UCC amendment, including an assignment, continuation, partial release, or termination, $10 per function;

(D) UCC transmitting utility filing, $50 per filing;

(E) request for information, $15 per debtor name;

(F) request for information with copy, $25 per debtor name;

(G) individual copy, $2;

(H) certification, $5 added to the copy fee set out in (G) of this paragraph;

(I) CD-ROM of document images for a day or week from the UCC central filing office, $10 for up to 50 sequential documents, $15 for 51 to 100 sequential documents, $20 for 101 to 250 sequential documents, and $25 for 251 or more sequential documents;

(J) CD-ROM of document images for a month from the UCC central filing office, $50;

(16) miscellaneous, including services and publications not mentioned elsewhere

(A) late payment service charge, $25;

(B) returned check fee, $25;

(D) fee for a black and white reproduction of a map, plat, or diagram,

(i) size #1 (up to 18" x 24"), $2;

(ii) size #2 (approximately 24" x 36"), $2.50;

(iii) size #3 (approximately 30" x 36"), $3;

(iv) size #4 (approximately 34" x 48"), $3.50;

(E) aperture card duplicate, $1;

(F) repealed 5/5/93;

(G) other publications and special-purpose information packets not mentioned elsewhere, variable fee that will not exceed the department's costs to produce the publication;

(H) land title document certified as true, $5 per document;

(I) facsimile transmission, basic fee of $4 plus $.25 per page;

(17) computer-related services, other than those electronic services and products subject to AS 40.25.115

(A) paper printout for a batch report, the amount charged to the department by the Department of Administration for printing the report;

(B) on-line paper printout, $.20 per page;

(D) programming, analysis, and production, $56 per hour for regular time (non-overtime);

(E) technical training, $43 per hour for regular time;

(F) computer processing on the state mainframe, the amount charged to the department by the Department of Administration for the computer processing;

(G) other computer processing,

(i) DNR mini-computer network second, $.03;

(ii) DNR plotter per minute, $1;

(H) plotter media,

(i) opaque paper, $1 per foot;

(ii) mylar or acetate, $3 per foot;

(iii) thermal print, 8 1/2" by 11", $3;

(iv) thermal print, 11" by 17", $5;

(18) parks and outdoor recreation, for activities in a state park operated under a concession contract or a competitive and exclusive use permit, fees are set by order of the director and

(A) may not exceed the maximum amount established under (12) of this subsection;

(B) the order must state whether a calendar year annual pass purchased under (12) of this subsection covers the fees charged under this paragraph; and

(b) This section lists all fees assessed by the department by regulation for authorizations, publications, and services which are not otherwise prescribed by statute. This section does not limit the amount the department may charge or receive under contracts, such as concession contracts, or bonuses, royalties, rentals, and other contractual obligations. This section does not list authorizations, publications, and services that the department provides free of charge.

(1) recorder's office and uniform commercial code fees prescribed by (a)(14) and (a)(15) of this section are not waived;

(2) water management fees prescribed by (a)(8) of this section are not waived for a federal, state, or municipal agency;

(3) the fee is not waived if the federal, state, or municipal agency does not waive its fee for a similar document supplied to or application filed by the department;

(4) a fee for a computer-related service prescribed by (a)(17) of this section is not waived if the federal, state, or municipal agency does not reciprocate by providing a similar level of computer-related services to the department free of charge;

(5) a land use fee prescribed by (e) or (f) of this section is waived or reduced only if the federal, state, or municipal agency demonstrates to the director's satisfaction that the waiver or reduction is in the public interest, and a material sale fee prescribed by (e) of this section is waived or reduced only if the federal, state, or municipal agency agrees to provide goods, services, or other compensation to the department that the director considers sufficient for the materials.

(d) The director of the division of parks and outdoor recreation may waive all or a portion of the fees required under (a)(12)(I)(ii) and (a)(12)(I)(iii) of this section after determining in writing that

(1) collection of additional fees would not be cost-effective for the department;

(2) the fees would represent an unreasonable percentage of the receipts collected by the commercial operator for that activity; or

(3) no similar service exists in the park and it is in the public interest to encourage the commercial operation by waiving the fees.

(e) Except as provided in (f) of this section and in 11 AAC 99.130, this subsection is the department's schedule of standard user fees for certain surface land use authorizations and for material sales for public projects under AS 38. It does not apply to authorizations whose rental or use fee is fixed by statute or is required by statute to be based on an appraisal of market value. If a revocable-at-will authorization is revoked without cause, the unused portion of the annual use fee for the authorization is refundable, prorated on a monthly basis. A fee based on acreage applies to each acre or fractional acre. The fees covered by this subsection are as follows:

(1) land use permit under AS 38.05.850 for floating caretaker housing for a facility whose operator is a qualified regional association under AS 16.10.380 , an annual fee of

(A) $250 if the facility is removed after a period of less than six months;

(B) $500 if the facility remains in place six months or more;

(2) land use permit under AS 38.05.850 for noncommercial use of a structure or facility that is or can be occupied, such as a family's hunting camp, a tent camp used to support a non-profit scientific research project, a military training camp, a floathouse or mobile home used as the owner's private residence, or a floathouse used to provide caretaker housing for a noncommercial or non-profit operation, including a non-profit mariculture operation, an annual fee of:

(A) $250 if the facility is removed after a period of less than six months;

(B) $500 if the facility remains in place six months or more;

(3) land use permit under AS 38.05.850 for commercial use of a structure or facility that is or can be occupied, such as a floating logging camp, caretaker's housing adjacent to a log storage site, a floating lodge, or a guide's or outfitter's camp, an annual fee that is the largest of the following applicable fees:

(A) if the facility is removed after a period of less than six months, $500;

(B) if the facility remains in place six months or more, $1000;

(C) if the facility is used for a commercial recreational purpose, such as a floating lodge or a guide's or outfitter's camp, and if the facility is used for

(i) a period of less than six months per year, $500, plus a fee of $2 per visitor day for use occurring after December 31, 2003;

(ii) repealed 12/7/2002;

(iii) six to 12 months per year, $1000, plus a fee of $2 per visitor day for use occurring after December 31, 2003;

(D) repealed 12/7/2002;

(4) land use permit under AS 38.05.850 for noncommercial use of a structure or facility not covered by (1) or (2) of this subsection, such as a private mooring buoy, float, or dock, a weir, a boat ramp, or a loading ramp for snowmachines or horses, an annual fee of $100;

(5) land use permit under AS 38.05.850 for commercial use of a structure or facility not covered by (3) of this subsection, such as a commercial mooring buoy, fish holding pen, log storage, A-frame logging, or equipment staging area for a construction project, an annual fee of $250 for the first acre, plus $100 for each additional acre;

(6) land use permit under AS 38.05.850 authorizing early entry onto a prospective surface leasehold for

(A) site development, an annual fee equal to the director's estimate of the prospective rental; or

(B) site analysis that involves alteration to the land (including brushing, clearing, or excavating for percolation tests), an annual fee of $100 for each acre;

(7) land use permit under AS 38.05.850 for grazing livestock, a fee per head month that is 70 percent of the head-month grazing fee for the western states determined under Chapter 2238 of the Forest Service Manual (effective March 1, 1991), published by the United States Forest Service, United States Department of Agriculture, with a minimum charge of $100 per year for each permit;

(8) other land use permit under AS 38.05.850 for a use not covered by (1) - (7) of this subsection that does not hinder other public use, such as moving heavy equipment across state land, no fee;

(9) other land use permit under AS 38.05.850 for a use not covered by (1) - (7) of this subsection that may interfere with public use, an annual fee of $50 per acre with a $100 minimum;

(10) personal use cabin permit under 11 AAC 65, an annual rental fee of $100;

(11) private right-of-way or easement under AS 38.05.850 for

(A) a non-exclusive use other than a fiber-optic telecommunications system as provided in (C) of this paragraph, an annual fee of $100 per acre, but no less than $200;

(B) an exclusive use other than a fiber-optic telecommunications system as provided in (C) of this paragraph, an annual fee equal to the director's estimate of the yearly fair market rental value;

(C) a fiber-optic telecommunications system, an annual fee equal to the yearly fair market rental value of the land, as determined by an appraisal at the applicant's expense, and subject to adjustment at five-year intervals after a reappraisal at the applicant's expense;

(12) public right-of-way or easement under AS 38.05.850 for a road, trail, or airstrip, a one-time fee of $50 per acre unless otherwise provided in a reciprocal right-of-way agreement;

(13) public right-of-way or easement under AS 38.05.850 for a utility, a one-time fee of 10 cents per linear foot;

(14) repealed 2/9/2001;

(15) interagency land management assignment to a state agency, for

(A) a site that will be open to public use and where no significant capital investment will be made, no charge;

(B) a site not covered by (A) of this paragraph, a one-time fee of $3,000 or seven percent of the fair market value, whichever is less;

(C) amendment of an existing interagency land management assignment, an additional fee determined by the director, but not more than $3,000 or seven percent of the fair market value added as a result of the amendment;

(D) inspection of a site to determine compliance with the terms of the interagency land management assignment, either $100 or the division's actual expenses, in the director's discretion;

(16) sale of materials to a federal, state, or municipal agency for use in constructing, reconstructing, or maintaining a public project

(A) for the first 5,000 cubic yards of materials to be used on the project, no charge; each year of maintenance on an ongoing basis constitutes a separate project;

(B) for each cubic yard of materials beyond 5,000 cubic yards, the base fee listed in the annual base price schedule established under 11 AAC 71.090.

(17) commercial-use permit for recreation-related commercial uses within the recreation rivers system

(A) a flat rate fee of $150 if the permit holder is a state resident, or $450 if the permit holder is not a state resident; "state resident" is determined by applying the definition set out in (C) of this paragraph; plus

(B) on or after January 1, 1997, an additional fee, if applicable, as follows:

(i) five percent of the total gross revenues from fees charged to drop-off clients who are transported to a recreation river and who remain there unaccompanied by the permit holder or an employee of the permit holder;

(ii) a fee of $5 per day per client accompanied during use of a recreation river by the permit holder or an employee of the permit holder;

(iii) a fee of $2 for each day's rental of a non-motorized boat, and $3 for each day's rental of a motorized boat, on a recreation river; no fee is required under this clause if client fees described in (i) or (ii) of this paragraph include rental of a boat;

(C) for the purposes of this paragraph, "state resident" means a person who holds a current Alaska business license; submits an application for a permit under AS 41.23 under the name appearing on that license; has maintained a place of business within the state staffed by the applicant or an employee of the applicant; is incorporated or qualified to do business under the laws of the state, is a sole proprietorship and the proprietor is a resident under AS 01.10.055 , or is a partnership and all partners are residents under AS 01.10.055 ; and if a joint venture, is composed entirely of ventures that qualify as state residents under this subparagraph;

(18) commercial-use permit for a commercial camp within the recreation rivers system, an annual fee determined as in (3)(C) of this subsection, plus 20 percent, in addition to applicable fees under (17) of this subsection;

(19) lease of a remote recreational cabin site under AS 38.05.600 (b)

(A) during the first term of the lease, an annual rental fee of $100 per site;

(B) during the second term of the lease, an annual rental fee of $1,000 per site;

(20) land use permit for a noncommercial event or assembly, or for a commercial event or assembly of no more than 50 persons, no charge;

(21) land use permit for a commercial event or assembly of more than 50 persons, $100;

(22) permit for the commercial use or commercial harvest of forest products other than timber,

(A) $.05 each for willow cuttings;

(B) $.25 each for alder stems less than 15 feet long and three inches in diameter at the small end;

(D) $.20 per square foot for bark or vegetative mats;

(E) $.80 per gallon for berries;

(F) $.20 per tap for birch syrup;

(G) $.50 per bushel for cones;

(H) $3 per pound for seeds;

(I) $.20 per pound for medicinal plants, mushrooms, moss and club moss, or lichens;

(J) $.05 per pound for burls, foliage or greenery, herbaceous plants, conks, or non-medicinal roots.

(f) Notwithstanding (e) of this section, the director may require a fee higher than that set out in (e) of this section if the director determines that the location or nature of the use makes a higher fee appropriate to ensure a reasonable return to the state. Under this subsection, and at the director's discretion to ensure a reasonable return to the state, the director may set

(1) a variable fee of 2.5 percent of the gross receipts attributable to the use of the site; or

(2) a fee based on the director's estimate of the market value of the use or, at the applicant's option and expense after receiving the director's written estimate of that value, based on an appraisal of the market value of the use.

(g) The commissioner will waive the annual land use permit fee prescribed in this section for access within a recreation river corridor, if the commissioner determines that the permit is necessary to provide access to private property or a mining location within the recreation river corridor and a feasible and prudent alternative does not exist to provide that access.

(h) From the application or registration fee that would otherwise apply under (a) of this section, the department will deduct a data entry credit of $25 for the applicant's or registrant's completion of an application or registration form available on the department's Internet web site.

History: Eff. 1/1/86, Register 96; am 8/10/86, Register 99; am 9/28/86, Register 99; am 8/23/87, Register 103; am 1/28/88, Register 105; am 7/1/89, Register 110; addt'l am 7/1/89, Register 110; am 8/16/89, Register 111; am 12/9/89, Register 112; am 1/17/90, Register 113; am 3/16/91, Register 117; am 12/25/91, Register 120; am 5/14/92, Register 122; am 9/16/92, Register 123; am 4/18/93, Register 126; am 5/5/93, Register 126; am 10/1/94, Register 131; am 12/13/95, Register 136; am 2/16/96, Register 137; am 5/24/96, Register 138; am 5/18/97, Register 142; am 2/21/98, Register 145; am 7/29/98, Register 147; am 8/26/98, Register 147; am 9/10/98, Register 147; am 1/29/99, Register 149; am 5/9/99, Register 150; am 2/9/2001, Register 157; am 5/3/2001, Register 158; am 8/23/2001, Register 159; am 10/27/2002, Register 164; am 11/13/2002, Register 164; am 12/7/2002, Register 164; am 1/14/2004, Register 169; am 10/2/2004, Register 171; am 1/16/2005, Register 173; am 9/10/2005, Register 175; am 2/15/2006, Register 177; am 3/13/2006, Register 177

Authority: AS 27.21.030

Editor's note: The Forest Service Manual referenced in 11 AAC 05.010(e) (7) is available for inspection at United States Forest Service offices in Juneau (the regional or main office), Anchorage, Cordova, Girdwood, Seward, Sitka, Ketchikan, Petersburg, Hoonah, Craig, Yakutat, Thorne Bay, and Wrangell.

As of Register 160 (January 2002), the regulations attorney made a technical revision under AS 44.62.125 (b)(6), and as authorized in ch. 100, sec. 12, SLA 2001, to change "temporary water use permit" to "authorization for temporary use of water" in 11 AAC 05.010(a) (8)(D) and (M).

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