Alaska Administrative Code

(a) If industrial hemp or an industrial hemp product is found to have a contaminant in levels exceeding those established as permissible under 11 AAC 40.640, the industrial hemp or industrial hemp product has failed contaminant testing. (b) If industrial hemp or an industrial hem…

(a) Any registrant that is notified by the division or the division's representative that a hemp product failed a contaminant or potency test shall immediately discontinue offering for sale any industrial hemp products associated with the failed test. (b) Any industrial hemp prod…

(a) A registrant whose industrial hemp product has failed initial testing under 11 AAC 40.630 or 11 AAC 40.640 may submit a written request, on a form provided by the division, for a retest of the industrial hemp product. The division will authorize a request for a retest, but th…

(a) In addition to other remedies provided under 11 AAC 40.800, the division may also elect to immediately quarantine industrial hemp or an industrial hemp product in the following circumstances: (1) the division or an authorized representative of the division finds after investi…

(a) A registrant shall store, manage, and dispose of any solid or liquid waste, including wastewater generated during industrial hemp or industrial hemp product production, processing, testing, or retail sales, in compliance with applicable federal, state, and local statutes, ord…

(a) The division will submit a list of registrants and information about approved grower, processor, and retail registrants to the Marijuana Control Board and the Department of Public Safety on at least an annual basis and to any peace officer upon request. (b) The division will …

(a) Under any registration issued under this chapter, a registrant may store industrial hemp or industrial hemp products on the same property and at the same address or GPS coordinates listed on the registrant's application and registration. (b) A registrant under 11 AAC 40.200 -…

(a) Except as described in (b) of this section, a person subject to or registered under this chapter may not transport industrial hemp without a transportation permit issued by the division. A transportation permit only authorizes industrial hemp to be transported from one regist…

To carry out the provisions of this chapter, the division may (1) sample and test industrial hemp, cannabis, industrial hemp products, and cannabis products for the presence of delta-9-THC, prohibited contaminants, or pesticide residue and for proper labeling and distribution; (2…

The division may temporarily suspend, for up to 60 calendar days, a registration, endorsement, or permit issued under this chapter if the registrant is alleged to have (1) violated any provision of AS 03.05.010, 03.05.076-03.05.079, or this chapter; (2) made any false statement t…

In addition to temporary suspension, the division may revoke a registration, permit, or endorsement and prohibit participation in the Alaska Industrial Hemp Program for a period of up to five years if the registrant (1) has planted, grown, cultivated, or replicated industrial hem…

(a) Except as described in (b) of this section, appeals of decisions of the division under this chapter must be in accordance with 11 AAC 02.040-11 AAC 02.900. (b) The automatic stay provisions of 11 AAC 02.060 do not apply to pemiit any industrial hemp or industrial hemp product…

In this chapter, (1) "Alaska Industrial Hemp Program" means the program operated by the division to study, promote, and regulate the growth, cultivation, or marketing of industrial hemp as permitted under AS 03.05.010 and 03.05.076; (2) "applicant" means a person who submits an a…

(a) This chapter applies to each public easement(1) reserved by the department or granted to the state, including each right-of-way established under R. S. 2477 or other authority; and (2) managed by the department under AS 38. (b) For purposes of this chapter, a public easement(…

(a) Before selling, leasing, or otherwise disposing of the land estate, the department will reserve public easements under this section. The department will require survey and platting under 11 AAC 53 of a public easement reserved under this section, unless survey is unnecessary …

Notes 11 AAC 51.020 Eff. 5/14/92, Register 122; repealed 5/3/2001, Register 158 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will …

(a) In accordance with AS 19.10.010, before selling, leasing, or otherwise disposing of the surveyed or unsurveyed land estate, the department will reserve along each section line public easements in the following widths: (1) if the section line forms a boundary of the parcel bei…

Notes 11 AAC 51.030 Eff. 5/14/92, Register 122; am 11/10/93, Register 128; repealed 5/3/2001, Register 158 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. Mor…

(a) As part of a preliminary or proposed written decision under AS 38.05.035(e) before the sale, lease, grant, or other disposal of any interest in state land, the department will determine whether water adjacent to or contained within the land intended for disposal is navigable …

Notes 11 AAC 51.040 Eff. 5/14/92, Register 122; am 11/10/93, Register 128; repealed 5/3/2001, Register 158 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. Mor…

(a) As part of a preliminary or proposed written decision under AS 38.05.035(e) before the sale, lease, grant, or other disposal of any interest in state land the department will(1) list or map the access easements that the department proposes to reserve under this section for pu…

Notes 11 AAC 51.050 Eff. 5/14/92, Register 122; repealed 11/10/93, Register 128 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will …

(a) Before reporting to the legislature in accordance with AS 19.30.400(b), the department will issue a proposal to identify a historic road or trail as an R.S. 2477 right-of-way that has been accepted by the state or territory of Alaska or by public use or construction. (b) In a…

Notes 11 AAC 51.060 Eff. 5/14/92, Register 122; am 11/10/93, Register 128; repealed 5/3/2001, Register 158 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. Mor…

(a) An affected person or a municipal assembly or city council may petition the department to vacate, modify, or relocate,(1) in accordance with AS 19.30.410, an R.S. 2477 right-of-way, including a section-line easement under AS 19.10.010 that the department manages under AS 19.3…

Notes 11 AAC 51.070 Eff. 5/14/92, Register 122; repealed 5/3/2001, Register 158 The subject matter of 11 AAC 51.070 was relocated to 11 AAC 51.910. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent ver…

(a) The department may require as a condition of any sale, lease, grant, or other disposal of state land that the purchaser, lessee, or grantee survey, mark, or both survey and mark access easements reserved or retained under this chapter in a manner consistent with the following…

Notes 11 AAC 51.080 Eff. 5/14/92, Register 122; repealed 5/3/2001, Register 158 The subject matter of 11 AAC 51.080 was relocated to 11 AAC 51.910. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent ver…

Before disposing of land, or granting or reserving an easement across land, the department will, after consulting with the executive director of the mental health trust land unit established under AS 44.37.050, either reserve or ensure the department's future ability to reserve a…

Notes 11 AAC 51.090 Eff. 5/14/92, Register 122; repealed 5/3/2001, Register 158 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will …

(a) The commissioner has management authority over the use of any R.S. 2477 right-of-way that is not on the Alaska highway system. Certain land use actions on R.S. 2477 rights-of-way, including road construction, may require a permit under 11 AAC 96.010, or other authorization by…

Notes 11 AAC 51.900 Eff. 5/14/92, Register 122; repealed 5/3/2001, Register 158 The subject matter of 11 AAC 51.900 was relocated to 11 AAC 51.990. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent ver…

(a) In accordance with 11 AAC 02, an eligible person may appeal a decision issued under this chapter, including (1) an R.S. 2477 right-of-way identification decision under 11 AAC 51.055(d) or a decision following notice under 11 AAC 51.100(f), if the appellant demonstrates that t…

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…

The purpose of secs. 10 - 50 of this chapter is to set forth the procedures of the land records system, which is responsible for recording and filing all actions affecting the status of state land. Notes 11 AAC 53.010 Eff. 3/27/80, Register 73 Authority:AS 38.04.045 AS 38.04.900 …

Land records trace the history of all land status from acquisition to disposal and consist of the following: (1) land status plats, which graphically portray all actions affecting state land and land in other ownership as required; these plats are for illustrative purposes only; …

(a) When an instrument is filed for incorporation into the land records system, it will be noted in the proper serial register, or in a new serial register, and will be made available for public inspection at the beginning of the next regular day of business after it has been not…

(a) Except as provided in sec. 50 of this chapter, any document produced and maintained in the division's land records system is available to the public for inspection and copying during regular business hours in accordance with AS 40.25.110. (b) On request, the division will sup…

Documents requested to be kept confidential under AS 38.05.035(a)(9) or required to be kept confidential under AS 40.25.120 are not available for inspection or copying. Notes 11 AAC 53.050 Eff. 3/27/80, Register 73 As of Register 175 (October 2005), the regulations attorney made …

Secs. 100 - 260 of this chapter set out the minimum requirements applicable to surveys of state land. However, if the land is within a municipality whose survey ordinances are stricter than the provisions of secs. 100 - 260 of this chapter, the survey must be done in accordance w…

All survey work must be accomplished with equipment and procedures sufficient to insure at least the degree of accuracy prescribed in this section for the class of survey required. (1) Class I Surveys. This class of survey is for control surveys where accuracy greater than 1:10,0…

The technical standards in this section control specific survey procedures. (1) Mean high tide (A) in the case of unoccupied and unimproved tide and submerged lands not seaward of an incorporated municipality, the line of mean high tide must be determined in accordance with (B) -…

There are four general types of surveys: rectangular surveys, supplemental cadastral rectangular surveys, metes and bounds surveys, and municipal land selection surveys. Notes 11 AAC 53.130 Eff. 3/27/80, Register 73 Authority:AS 38.04.045 AS 38.04.900 AS 38.05.020 AS 38.05.035 St…

Rectangular surveys, including homesite surveys and public and private recreation site surveys, must adhere to Class III survey standards, unless the division authorizes the use of Class IV standards, and must follow the survey and platting requirements of this chapter. Survey or…

(a) Supplemental cadastral rectangular surveys are divided into four categories, each of which is surveyed to Class IV standards. If from time to time the Bureau of Land Management, or other authority or agency, establishes procedures that differ from those set out in the four ca…

(a) Metes and bounds surveys must be surveyed to Class III standards, except that the division may authorize surveys to Class IV standards in certain instances. Survey or platting criteria unique to a particular type of survey will be set forth in special survey instructions issu…

Any survey of a municipal land selection done to comply with AS 29.18.207(c) must meet the requirements of the following sections of this chapter, but is exempt from the remainder of the chapter: (1) all of sec. 100, and all of sec. 110 except for (1), (2), and (5); (2) all of se…