11 AAC 55.020. Planning and classification

(a) Classification of state land under AS 38.05.300 will be based on a land use plan prepared according to AS 38.04.065 and 11 AAC 55.030.

(b) In the development and revision of a land use plan, the commissioner will provide for meaningful participation in the planning process by those listed in AS 38.04.065 (b)(8) and others concerned with land use in the area.

(c) Land use plans will state management objectives and may contain guidelines to resolve conflicts among competing land uses. After September 7, 1983, public land records maintained by the department will reflect the existence of these land use plans as well as the classification of the land.

(d) Land classified settlement, except tideland, submerged land, or shoreland, may be made available for sale, lease, or other disposal. Tideland, submerged land, or shoreland may be made available for lease or other less-than-fee disposal, and management rights in that land may be assigned to another state agency. However, the fee interest in tideland, submerged land, or shoreland will ultimately be retained in state ownership unless the conveyance (1) is otherwise required by law, or (2) is a conveyance, authorized by law, to a political subdivision of the state and the commissioner finds that the interests served by the public trust doctrine will be furthered by the conveyance. Land classified agricultural may be made available for sale in accordance with AS 38.05.321 or for agricultural lease. Unless otherwise prohibited by law, unclassified land and land in any classification may be made available for oil and gas leasing. Unless expressly prohibited in the land use plan, land in any classification may be made available for surface leasing, except that only land classified settlement or agricultural may be made available for leasing with a purchase right. The sale of material may be made on unclassified land if allowed by 11 AAC 55.040(i) (5) or on land in any classification.

(e) If the legislature designates land for a special purpose, that designation will be noted on the public land records maintained by the department.

History: Eff. 11/12/78, Register 68; am 10/14/79, Register 72; am 9/7/83, Register 87; am 8/16/89, Register 111; am 2/9/2001, Register 157

Authority: AS 38.04.065

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