- Alaska Statutes.
- Title 38. Public Land
- Chapter 5. Alaska Land Act
- Section 850. Permits.
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. , 38.05.856. Identification of Sites For Aquatic Farms and Hatcheries; Tideland and Land Use Permits For Aquatic Farming. [Repealed, Sec. 38 Ch 91 SLA 1997].
AS 38.05.850. Permits.
- (a) The director, without the prior approval of the commissioner, may issue permits, rights-of-way, or easements on state
land for roads, trails, ditches, field gathering lines or transmission and distribution pipelines not subject to AS 38.35, telephone or electric transmission and distribution lines,
log storage, oil well drilling sites and production facilities for the purposes of recovering minerals from adjacent
land under valid lease, and other similar uses or improvements, or revocable, nonexclusive permits for the personal or
commercial use or removal of resources that the director has determined to be of limited value. The commissioner, upon
recommendation of the director, shall establish a reasonable rate or fee schedule to be charged for these uses, subject
to the exception for nonprofit cooperative associations specified in (b) of this section. In the granting, suspension,
or revocation of a permit or easement of land, the director shall give preference to that use of the land that will be
of greatest economic benefit to the state and the development of its resources. However, first preference shall be
granted to the upland owner for the use of a tract of tideland, or tideland and contiguous submerged land, that is
seaward of the upland property of the upland owner and that is needed by the upland owner for any of the purposes for
which the use may be granted.
- (b) The fee charged for a right-of-way approved under (a) of this section shall be waived by the commissioner if the
right-of-way is for a transmission or distribution line established by a nonprofit cooperative association organized
under AS 10.25 for the purpose of supplying electric energy and
power, or telephone service, to its members, and the waiver is considered by the commissioner to be in the best
interests of the state.
- (c) If the director determines, by evaluation of the nature and duration of the intended use, that an easement or
right-of-way issued under this section will not be functionally revocable, the director shall provide public notice
before issuing the easement or right-of-way.
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