11 AAC 53.730. Replats and vacations

(a) A plat of land that is subject to the department's platting authority under AS 40.15.070 may not be replatted, vacated, or otherwise changed without the approval of the commissioner. Approval for a change to or vacation of a plat is initiated by filing the original and one copy of a petition with the department in Anchorage. However, if the area to be replatted is also partially within the jurisdiction of a municipal platting authority, and if the municipal platting authority agrees, the commissioner may delegate to that entity the authority to receive, review, and approve the petition for the entire area to be replatted in accordance with the municipality's own procedures.

(b) A petition for a replat or vacation filed with the department must contain

(1) a copy of the original survey plat showing the area for change or vacation;

(2) the name, address, and land ownership of each petitioner and all other landowners within the petition area and within 500 feet beyond the petition area;

(3) the action sought by the petitioner and a statement of reasons for the requested change or vacation; and

(4) the name and address of the petitioner or the agent authorized by the petitioner to receive service by mail.

(d) No more than 60 days after a petition is filed and the fees required by 11 AAC 05.010 have been received, a public hearing will be held on the petition at a place designated by the commissioner. At least once a week for two consecutive weeks, a notice of hearing that meets the requirements of AS 29.40.130 will be published in a newspaper of general circulation published within each judicial district in which the land is located. If no such newspaper exists, the notice will be posted in the local post office or other place of general visitation. A copy of the notice will be mailed by registered mail to each

(1) petitioner;

(2) known person not joining the petition who is the owner of record of land located within the petition area or within 500 feet of the petition area; and

(3) affected public agency and utility.

(e) If the petition is approved, the commissioner will prepare a state platting resolution and notify the petitioner by certified mail. A copy of the resolution will be sent with the notice. In the notice, the commissioner will require the petitioner to present to the commissioner a final plat of the replat that complies with 11 AAC 53.210 and 11 AAC 53.230. The replat must be prepared at the petitioner's expense. If the replat is not completed within 18 months after the date of the state platting resolution, the platting resolution expires, unless the commissioner extends the time limit for good cause. The commissioner may require a preliminary plat that complies with 11 AAC 53.220 before the plat is approved. Each agency and utility notified of the petition must be notified of the approval. The commissioner will record the plat and the state platting resolution in each recording district where a portion of the changed or vacated area is located, and the change or vacation is not valid until the recording has taken place. The department will send to the petitioner a copy of the recorded plat and a copy of the platting resolution showing the recording data. The original copies of the replat and the platting resolution will be maintained by the department.

(f) A replat showing a change and presented to the department must contain the following standard certificates, as set out in 11 AAC 53.210 and available on a form provided by the department:

(1) the surveyor's certificate;

(2) the approval certificate;

(3) the certificate of ownership;

(4) a section-line easement vacation certificate, if necessary under AS 19.30.410 and AS 29.35.090 .

History: Eff. 7/5/2001, Register 159

Authority: AS 38.04.045

AS 38.04.900

AS 38.05.020

AS 40.15.305

Editor's note: The address for requesting forms described in 11 AAC 53.730 is: Statewide Platting Supervisor, Department of Natural Resources, 550 W. 7th Ave., Suite 650, Anchorage, AK 99501-3576. Forms may also be obtained from the department's website at www.dnr.state.ak.us/land/platting.htm.

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