Title 11 . Natural Resources

Chapter 55 . (No Regulations Filed)

Section 30. Land use plan

11 AAC 55.030. Land use plan

(a) A regional plan may be an area plan or a management plan. An area plan, management plan, or site-specific plan that complies with the requirements and standards of AS 38.04.065 (b) meets the requirement of AS 38.04.065 that classification of state land be based upon a land use plan.

(b) The statewide resources plan is not a land use plan for the purposes of this section but is a planning document that summarizes statewide resource policies for each resource use under the department's management authority as well as the department's policies for managing fish and wildlife habitat and transportation. Because of the statewide resources plan's broad scale and the general nature of its resource designations, it is not intended to be used as the sole basis for classification. However, where appropriate, it will be referred to for guidance in the preparation of other, more detailed land use plans, including a site-specific plan prepared for classification actions when there is no area or management plan.

(c) For the purposes of this section, an "area plan" is a planning document prepared for a region or subregion of the state and is usually displayed at a scale of 1:250,000 or 1:63,360. The following items will be included in an area plan:

(1) a summary of existing land uses and ownership patterns within the planning boundaries;

(2) a discussion of resource potential and land uses on state lands and water within the planning boundaries;

(3) goals and objectives for each resource in the planning area;

(4) land classifications that set out primary uses and that may be supplemented by identifying secondary uses; with a land classification, the department will include

(A) a statement whether the land is to be disposed of in fee or retained in state ownership; and

(B) for land to be retained in state ownership, a statement as to whether the land is to be made available for lease or other less-than-fee disposal, timber sale, or material sale;

(5) consideration of mineral potential to include, at a minimum, identification of areas that will be closed to mineral entry or restricted to leasehold locations under the criteria set out in AS 38.05.185 , existing or potential conflicts and, if mineral leasing is intended, stipulations for future leases; and

(6) management guidelines and stated management intent, representing department policies to guide the actions of the department when making land use decisions, directing land management and ensuring compatibility among competing land uses.

(d) For the purposes of this section, a "management plan" is a planning document for a region or subregion, generally more detailed than an area plan, and displayed at a scale of 1:63,360 or finer, that describes how resource decisions will be implemented and that contains the items required of an area plan under (c)(1) - (c)(6) of this section.

(e) For the purposes of this section and AS 38.04.065 , a "site-specific plan" is a planning document, prepared in the absence of a regional plan, that states the management intent for each resource in the planning area, addresses impacts on adjacent land uses, and contains the items required of an area plan under (c)(1), (c)(2), and (c)(4) - (c)(6) of this section.

(f) The following provisions supersede the modification provisions in land use plans existing on 8/16/89:

(1) A revision to a land use plan is subject to the planning process requirements of AS 38.04.065 . For the purposes of this section and AS 38.04.065 , a "revision" is an amendment or special exception to a land use plan as follows:

(A) An "amendment" permanently changes the land use plan by adding to or modifying the basic management intent for one or more of the plan's subunits or by changing its allowed or prohibited uses, policies, or guidelines. For example, an amendment might close to new mineral entry an area that the plan designated to be open, allow a land use in an area where the plan prohibited it, or allow land to be opened to homestead entry in an area that the plan designated for retention in public ownership.

(B) A "special exception" does not permanently change the provisions of a land use plan and cannot be used as the basis for a reclassification of the subunit. Instead, it allows a one-time, limited-purpose variance of the plan's provisions, without changing the plan's general management intent or guidelines. For example, a special exception might be used to grant an eligible applicant a preference right under AS 38.05.035 to purchase land in a subunit designated for retention in public ownership. A special exception might be made if complying with the plan would be excessively burdensome or impractical or if compliance would be inequitable to a third party, and if the purposes and spirit of the plan can be achieved despite the exception.

(2) A minor change to a land use plan is not considered a revision under AS 38.04.065 . A "minor change" is a change that does not modify or add to the plan's basic intent, and that serves only to clarify the plan, make it consistent, facilitate its implementation, or make technical corrections.

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

AS 38.04.900

AS 38.05.020

AS 38.05.300