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(a) Issuance of a permit under this chapter is not a disposal of an interest in land, and does not grant a preference right to a lease or other disposal. The permit is revocable for cause for violation of a permit provision or of this chapter, and is revocable at will if the department determines that the revocation is in the state's interest. The permit remains in effect for the term issued, unless revoked sooner. The department will give 30 days' notice before revoking a permit at will. A revocation for cause is effective immediately.
(b) Each permit issued is subject to any provisions the department determines necessary to assure compliance with this chapter, to minimize conflicts with other uses, to minimize environmental impacts, or otherwise to be in the interests of the state.
(c) A permit will be granted for a specified term of up to five years, unless revoked sooner. The permit may be extended for any number of consecutive periods, each period not to exceed one year. Proposed modifications to the issued permit must be submitted in writing and must be approved by the department before the permittee undertakes the modification. The department may modify existing provisions or require additional provisions in the approval of an extension or modification or during the term of the permit, if the department determines that the modification or additional provision is necessary to assure compliance with this chapter, to minimize conflicts with other uses, to minimize environmental impacts, or otherwise to be in the interests of the state.
(d) The department will not issue a permit that denies an upland owner reasonable access to navigable waters during or after the permit activities. If the application is for an excavation or fill that will alter the mean high water line or ordinary high water mark, the permit will not be issued until that line has been determined and accepted by the department.
(e) If the permit involves obtaining fill or other material from state land and placing it on the permit site, or removing material from the permit site for beneficial uses as determined by the department, the fill or other material must be purchased under 11 AAC 71 before being moved.
(f) A permit under this chapter does not authorize the placement of permanent improvements. Temporary improvements authorized by a permit under this chapter must be removed when the permit expires or is revoked, unless otherwise specified by the department. If the permittee fails to remove the improvements in compliance with this requirement, the department may sell, destroy, or remove the improvements, whichever is most convenient for the department, at the permittee's expense, including the department's costs associated with restoration and expenses incurred in the performance of these duties.
(g) The permit will not be effective until executed by the department and the permittee has paid any applicable use fee required by 11 AAC 05.010(e) and provided a certificate of insurance and security, if required under 11 AAC 96.060 and 11 AAC 96.065.
(h) The permittee must agree to indemnify and hold harmless, consistent with state law, the state and its officers, agents, and employees for any third party claims arising from the exercise of the privileges granted by the permit.
History: Eff. 1/1/70, Register 32; am 8/6/94, Register 131; am 12/7/2002, Register 164
Authority: AS 38.05.020
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Last modified 7/05/2006