11 AAC 51.015. Standards for public easements

(a) Before selling, leasing, or otherwise disposing of the land estate, the department will reserve public easements under this section. The department will require survey and platting under 11 AAC 53 of a public easement reserved under this section, unless survey is unnecessary to determine the easement's location, as in the case of an easement tied to a surveyed property boundary, the ordinary high water mark, or the mean high water line.

(b) In addition to the circumstances set out in (a) of this section, the department will require survey of a public easement on land

(1) that the department does not manage under AS 38, if required under 11 AAC 51.100(g) ; or

(2) presently not intended for sale, lease, or other disposal, as the department determines necessary to resolve uncertainty over the easement's relationship to a property boundary.

(c) The dedication to public use, on a plat approved by a municipal platting authority, of a public easement reserved by or granted to the state does not convey to the municipality

(1) an R.S. 2477 right-of-way, a section-line easement under AS 19.10.010 , or an access easement reserved under AS 38.05.127 ; or

(2) a public easement other than one described in (1) of this subsection, unless the department specifically expresses in a final disposal decision under AS 38.05.035 (e) its intent to convey the public easement.

(d) Before selling, leasing, or otherwise disposing of the land estate, the department will reserve

(1) public easements in the following minimum widths, except that a platting authority or the department may set a different width to address special conditions, including topography, difficult soils, or the presence of existing improvements:

(A) for a utility easement, 30 feet;

(B) for a pedestrian easement, 25 feet;

(D) for a neighborhood service road, 60 feet;

(E) for an existing road that does not already have a reserved easement, 60 feet;

(2) a survey easement at least five feet wide from the nearest practical point on the property boundary to a survey control station; a survey easement reserved under this paragraph includes

(A) an easement with a radius of five feet around the control station; and

(B) as applicable, a five-foot wide direct line-of-sight easement from the control station to an azimuth mark or other control station;

(3) access easements, in the minimum widths set out in 11 AAC 51.045, to and along navigable and public water; and

(4) public easements along section lines in the widths set out in 11 AAC 51.025.

(e) The department may reserve additional public easements as the department considers necessary and in accordance with applicable law, and may determine the location, size and type of those public easements.

History: Eff. 5/3/2001, Register 158

Authority: AS 38.04.045

Editor's note: The subject matter of 11 AAC 51.015 was formerly located at 11 AAC 53.300. The history note for 11 AAC 51.015 does not reflect the history of the earlier section.

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