Title 11 . Natural Resources

Chapter 51 . (No Regulations Filed)

Section 990. Definitions

11 AAC 51.990. Definitions

As used in this chapter, unless the context requires otherwise,

(1) "access easement" means a public easement that is identified to allow access by the public, including access to private property by the owners of that private property and their invitees, and that may be used for any mode of transportation commonly employed for access purposes, subject to any restrictions noted on the plat, deed, recorded reservation, or other legally applicable document;

(2) "arterial road" means a road that is used primarily for traffic through and beyond the area, rather than for access to adjacent land;

(3) "commissioner" means the commissioner of natural resources;

(4) "department" means the Department of Natural Resources;

(5) "land estate" means any interest in land other than an interest reserved under AS 38.05.125 ;

(6) "mean high water line" means the tidal datum plane of the average of all the high tides, as would be established by the National Geodetic Survey, at any place subject to tidal influence;

(7) "navigable water" has the meaning given in AS 38.05.965 ;

(8) "neighborhood service road" means a road that is primarily for traffic within a residential area;

(9) "ordinary high water mark" means the mark along the bank or shore up to which the presence and action of the non-tidal water are so common and usual, and so long continued in all ordinary years, as to leave a natural line impressed on the bank or shore and indicated by erosion, shelving, changes in soil characteristics, destruction of terrestrial vegetation, or other distinctive physical characteristics;

(10) "pedestrian easement" means an access easement that is identified for travel

(A) on foot;

(B) by a hand- or foot-propelled vehicle, including a wheelchair or bicycle; or

(C) by dogsled;

(11) "platting authority" means the applicable platting authority identified in AS 40.15.070 ;

(12) "public water" has the meaning given in AS 38.05.965 ;

(13) "R.S. 2477" means former 43 U.S.C. 932 (Act of July 26, 1866, 14 Stat. 251);

(14) "state highway system" or "Alaska highway system" means all roads constructed, managed, operated, or maintained by the Department of Transportation and Public Facilities;

(15) "state land" has the meaning given in AS 38.05.965 ; "state land"

(A) includes an interest in land that is owned by the state and managed under AS 38; and

(B) does not include Alaska mental health trust land as defined in 11 AAC 99.990 and managed under AS 37.14.009 and AS 38.05.801 ;

(16) "survey easement" means a public easement that the department identifies for access to a survey control station set by the United States, the department, or a private surveyor;

(17) "surveyor" means a professional land surveyor who is registered under AS 08.48 (Architects, Engineers, and Land Surveyors Registration Act);

(18) "utility easement" means a public easement that is identified for use by utility services, and not for public access unless the

(A) landowner gives permission for public access; or

(B) easement is also identified as an access easement;

(19) "vacate" means to relinquish, release, or extinguish a right or interest in property;

(20) "water body" means a natural, well-defined body of water;

(21) "waterway" means a natural, well-defined channel of water produced wholly or in part by a definite flow of water, whether continuous or intermittent.

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

Authority: AS 38.04.900

AS 38.05.020

AS 38.05.035

AS 38.05.127

Editor's note: The subject matter of 11 AAC 51.990 was formerly located at 11 AAC 51.900. The history note for 11 AAC 51.990 does not reflect the history of the earlier section.