Title 38 — Public Land
17 chapters · 340 sections in this title.
AS 38.04.005 Policy.
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(a) In order to provide for maximum use of state land consistent with the public interest, it is the policy of the State of Alaska to plan and manage state-owned land to establish a balanced combination of land available for both public and private purposes. The choice of land be…
AS 38.04.010 Public interest in making land available for private use.
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(a) The primary public interest in conveying rights to state land surface to private parties is to make them available to individuals and other persons for direct use in areas classified as suitable for these purposes. In making state land available for private use, the director …
AS 38.04.015 Public interest in retaining state land in public ownership.
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Article 2. Land Availability for Private Use. The primary public interests in retaining areas of state land surface in public ownership are (1) to make them available on a sustained-yield basis for a variety of beneficial uses including subsistence, energy development, aquacultur…
AS 38.04.020 Land disposal bank.
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(a) The commissioner shall establish a land disposal bank containing state land classified for disposal into private ownership. (b) The land disposal bank does not include (1) land nominated for selection or selected by a municipality to satisfy a general grant land entitlement u…
AS 38.04.021 Disposal of municipal grant land entitlements. [Repealed, § 38 ch 91 SLA 1997.]
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[Repealed or reserved.]
AS 38.04.022 State land disposal income fund.
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(a) The revenue from the state land disposal program shall be deposited in the state land disposal income fund in the state treasury. On June 30 of each fiscal year, the portion of that fund that exceeds $5,000,000 shall be deposited in the state general fund. The legislature may…
AS 38.04.025 Variety of uses. [Repealed, § 88 ch 152 SLA 1984.]
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[Repealed or reserved.]
AS 38.04.030 Land availability programs.
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Programs that may be used by the director to make the state's land surface available for private use under AS 38.04.020 — 38.04.055 include sale of whole or partial rights to the fee simple estate, including conveyance of agricultural use rights; leasing; open-to-entry; homesitin…
AS 38.04.035 Criteria for program selection.
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In determining which land availability program is appropriate for state land in different locations, the director shall be guided by the following criteria: (1) to cover public costs associated with private land use and to provide the public with a fair return for publicly owned …
AS 38.04.040 Availability of university land. [Repealed, § 88 ch 152 SLA 1984.]
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[Repealed or reserved.]
AS 38.04.045 Survey and subdivision.
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(a) [Repealed, § 88 ch 152 SLA 1984.] (b) Before the issuance of a long-term lease under AS 38.05.070 or of a patent for state land, an official cadastral survey shall be accomplished, unless a comparable, approved survey exists that has been conducted by the federal Bureau of La…
AS 38.04.050 Access to private use areas.
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Wherever state land is surveyed for purposes of private use, legal rights-of-way and easements shall be reserved for access and, where appropriate, for utility services to each parcel of land. A right-of-way or easement shall be located to assure adequate and feasible access for …
AS 38.04.055 Access through private use areas.
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The commissioner shall reserve easements and rights-of-way on and across land that is made available for private use as necessary to reach or use public water and public and private land. An easement or right-of-way reserved under this section shall include trails that have an es…
AS 38.04.058 Restrictions on easement or right-of-way use.
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Article 3. Inventory, Planning, and Classification. The commissioner may, under terms agreed to in writing by a grantee, lessee, or interest holder of state land, restrict the use of an easement or right-of-way reserved under AS 38.04.050, 38.04.055, or other law in order to prot…
AS 38.04.060 Inventory.
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(a) The commissioner shall prepare and maintain on a continuing basis an inventory of all state land and water and their resource and other values, giving priority to areas of potential settlement, economic development, and critical environmental concern. This inventory shall be …
AS 38.04.062 Identification of state submerged land.
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(a) Except as provided in (f) of this section, the state owns all submerged land underlying navigable water to which title passed to the state at the time the state achieved statehood under the equal footing doctrine or 43 U.S.C. 1301 — 1315 (Submerged Lands Act of 1953). (b) The…
AS 38.04.065 Land use planning and classification.
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(a) Except as provided in (d) and (h) of this section, the commissioner shall, with local governmental and public involvement under AS 38.05.945, adopt, maintain, and, when appropriate, revise regional land use plans that provide for the use and management of state-owned land. (b…
AS 38.04.070 Management categories.
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Article 4. Access to State Land and Fishing Streams. State land classified for uses and purposes involving retention in public ownership may be included in the following management categories: (1) state public reserve land: areas of public land to be managed for a wide variety of…
AS 38.04.200 Traditional means of access.
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(a) The commissioner may not manage state land, water, or land and water so that a traditional means of access for traditional outdoor activities is restricted for the purpose of protecting aesthetic values of the land, water, or land and water or is prohibited unless the restric…
AS 38.04.205 Fishing stream access report.
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Article 5. General Provisions. (a) The department, in consultation with the commissioner of fish and game, shall annually, not later than the 10th day of each regular legislative session, provide to the legislature and the governor, and post on the department's Internet website, …
AS 38.04.900 Regulations.
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(a) The commissioner shall adopt under the Administrative Procedure Act (AS 44.62) regulations believed necessary to carry out the purposes of this chapter. (b) A municipality has standing to petition the commissioner for the adoption of a regulation, or for the amendment or repe…
AS 38.04.910 Definitions.
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In this chapter, unless the context otherwise requires, (1) “commissioner” means the commissioner of natural resources; (2) “director” means the director of the division of lands of the Department of Natural Resources; (3) “fair market value” means the price at which a willing se…