Title 41, Public Resources
24 chapters · 391 sections in this title.
AS 41.21.010 Purpose.
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It is the purpose of AS 41.21.010 41.21.040 to foster the growth and development of a system of parks and recreational facilities and opportunities in the state, for the general health, welfare, education, and enjoyment of its citizens and for the attraction of visitors to the …
AS 41.21.020 Duties and powers of Department of Natural Resources; limitations.
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(a) The department shall (1) develop a continuing plan for the conservation and maximum use in the public interest of the scenic, historic, archaeologic, scientific, biological, and recreational resources of the state; (2) plan for and develop a system of state parks and recreati…
AS 41.21.022 Discharge of firearms.
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The discharge of firearms during lawful hunting, trapping, and fishing is permitted within the boundaries of: (1) Caines Head State Recreation Area; (2) Chena River State Recreation Area; (3) Chugach State Park; (4) Denali State Park; (5) Kachemak Bay State Park; (6) Kachemak Bay…
AS 41.21.024 Easements and rights-of-way for access to private land.
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The department may grant a public easement or public right-of-way within a state park unit for access to private property if the commissioner determines that the easement or right-of-way (1) will not unduly affect park resources; and (2) is in the public interest.
AS 41.21.025 Zoning of private land within state parks.
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(a) The department may adopt, under AS 44.62 (Administrative Procedure Act), zoning regulations governing private property within the boundaries of state parks established under this chapter. (b) Land patented to or under interim conveyance to a regional or village Native corpora…
AS 41.21.026 Fees for the use of state park system facilities.
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(a) Notwithstanding (b) of this section, the department may charge or collect a fee for (1) rental of public use cabins or other overnight lodgings; (2) overnight use of a developed campsite; (3) special park use permits; (4) competitive and exclusive commercial use permits; (5) …
AS 41.21.027 Concession contracts in the state park system.
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(a) Subject to the restrictions in this section, the state may enter into concession contracts under AS 36 to provide services or construct facilities in a park unit. (b) The state may not enter into a concession contract under (a) of this section if the proposed contract involve…
AS 41.21.028 Definitions.
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In AS 41.21.026 41.21.028, (1) ordinary use means a use that is not generally associated with developed facilities, including fishing, hunting, walking, swimming in a natural body of water, picnicking, or automobile parking associated with another ordinary use; (2) park unit…
AS 41.21.030 Disposition of funds.
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(a) All money received from the operation of parks and recreational facilities, including money from concessions, rentals, or donations, shall be deposited in the general fund of the state. (b) [Repealed, § 28 ch 90 SLA 1991.] (c) In (a) of this section, money from concessions …
AS 41.21.040 Division within department.
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Article 2. State Parks. The commissioner may establish within the department a separate division to perform the functions relative to parks and recreational facilities specified in AS 41.21.010 41.21.040 and related or additional functions as are otherwise assigned to the depar…
AS 41.21.110 Purpose of AS 41.21.110 41.21.113.
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The purpose of AS 41.21.110 41.21.113 is to empower the governor to restrict state-owned land and water described in AS 41.21.111 to use as a state park. Under AS 38.05.300, state land, water, or land and water containing more than 640 acres may be closed to multiple purpose us…
AS 41.21.111 Authority to designate Chilkat State Park.
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The governor may designate by proclamation the state-owned land and water and all that acquired in the future by the state, lying within the parcels described in this section, as the Chilkat State Park. The proclamation may include the entire area or portions of the area at diffe…
AS 41.21.112 Incompatible uses.
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The commissioner shall designate by regulation incompatible uses within the boundaries of the Chilkat State Park in accordance with AS 41.21.110, and those incompatible uses designated shall be prohibited or restricted, as provided by regulation. Nothing in this section affects t…
AS 41.21.113 Eminent domain prohibited.
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The state may not acquire by eminent domain privately owned land for inclusion in Chilkat State Park.
AS 41.21.120 Purpose of AS 41.21.120 41.21.125.
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The purpose of AS 41.21.120 41.21.125 is to restrict state-owned land and water described in AS 41.21.121 to use as a state park. Under AS 38.05.300, state land, water, or land and water containing more than 640 acres may be closed to multiple purpose use only by act of the leg…
AS 41.21.121 Chugach State Park established.
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The presently state-owned land and water, and all that acquired in the future by the state, lying within the parcels described in this section are designated as the Chugach State Park. The park is established to protect and supply a satisfactory water supply for the use of the pe…
AS 41.21.122 Management responsibility.
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(a) Except as provided by (b) and (c) of this section, control, development, and maintenance of state land and water described in AS 41.21.121 as the Chugach State Park and control of roadside structures within the park are assigned to the department. The Department of Fish and G…
AS 41.21.123 Incompatible uses.
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(a) The commissioner shall designate by regulation, adopted in accordance with AS 44.62 (Administrative Procedure Act), incompatible uses within the boundaries of the Chugach State Park in accordance with AS 41.21.120 41.21.125, and those incompatible uses designated are prohib…
AS 41.21.124 Discharge of firearms. [Repealed, § 2 ch 126 SLA 1984.]
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[Repealed or reserved.]
AS 41.21.125 Purchase authorized.
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The commissioner may acquire, by purchase in the name of the state, title to or interest in real property lying within or abutting the boundaries of the Chugach State Park.
AS 41.21.130 Purpose of AS 41.21.130 41.21.142.
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The purpose of AS 41.21.130 41.21.142 is to restrict state-owned land and water described in AS 41.21.131 to use as a state park. Under AS 38.05.300, state land, water, or land and water containing more than 640 acres may be closed to multiple purpose use only by act of the leg…
AS 41.21.131 Kachemak Bay State Park established.
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(a) The presently state-owned land and water, and all that acquired in the future by the state, lying within the parcels described in this section are designated as the Kachemak Bay State Park. In order to protect and preserve this land and water for its unique and exceptional sc…
AS 41.21.132 Incompatible uses.
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The commissioner shall designate by regulation incompatible uses within the boundaries of the Kachemak Bay State Park in accordance with the requirements of AS 41.21.130 41.21.142, and those incompatible uses designated shall be prohibited or restricted, as provided by regulati…
AS 41.21.133 Discharge of firearms. [Repealed, § 2 ch 126 SLA 1984.]
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[Repealed or reserved.]
AS 41.21.134 Purchase authorized; eminent domain prohibited.
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The commissioner may acquire, by purchase in the name of the state, title to or interest in real property lying within the boundaries of the Kachemak Bay State Park. The state may not acquire by eminent domain privately owned land for inclusion in the Kachemak Bay State Park.
AS 41.21.140 Kachemak Bay State Wilderness Park established.
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(a) The presently state-owned land and water, and all that acquired in the future by the state, lying within the parcels described in this section are designated as the Kachemak Bay State Wilderness Park. In order to protect and preserve this land and water for its unique and exc…
AS 41.21.141 Certain land excepted.
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Land lying within the parcels described in AS 41.21.140 upon which there are valid entries or upon which there are valid applications for leases filed under AS 38.05 before March 9, 1972, or that is withdrawn for or selected by Native village or regional corporations under 43 U.S…
AS 41.21.142 Stream rehabilitation permitted.
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Nothing in AS 41.21.140 41.21.142 prohibits the Department of Fish and Game from engaging in stream rehabilitation enhancement and development under AS 16.05.092 on land lying within the parcels described in AS 41.21.140.
AS 41.21.143 Discharge of firearms. [Repealed, § 2 ch 126 SLA 1984.]
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[Repealed or reserved.]
AS 41.21.150 Purpose of AS 41.21.150 41.21.153.
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The purpose of AS 41.21.150 41.21.153 is to restrict state-owned land and water described in AS 41.21.151, except as provided in AS 41.21.153, to use as a state park. Under AS 38.05.300, state land, water, or land and water containing more than 640 acres may be closed to multip…
AS 41.21.151 Denali State Park established.
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The state-owned land and water and that acquired in the future by the state lying within the parcels described in this section are designated as the Denali State Park. This land and water is reserved from all uses incompatible with its primary function as park area. Land covered …
AS 41.21.152 Eminent domain prohibited.
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The state may not acquire by eminent domain privately owned land for inclusion in the Denali State Park.
AS 41.21.153 Certain land excepted.
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(a) Notwithstanding AS 41.21.020(a)(6), 41.21.150, or 41.21.151, state-owned land in the following described parcels may be leased in accordance with AS 38.35 (Right-of-Way Leasing Act) for the purpose of construction and operation of a natural gas pipeline from the North Slope: …
AS 41.21.160 Purpose of AS 41.21.160 41.21.167.
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The purpose of AS 41.21.160 41.21.167 is to establish the state-owned land and water areas described in AS 41.21.161 as the Wood-Tikchik State Park. The primary purposes of creating the Wood-Tikchik State Park are to protect the area's fish and wildlife breeding and support sys…
AS 41.21.161 Wood-Tikchik State Park established.
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(a) The state-owned or acquired land and water lying within the following parcel, containing approximately 1,428,320 acres, is designated as the Wood-Tikchik State Park: beginning at the SE corner of T7S, R54W, S.M., which is the true point of beginning; thence westerly to the NE…
AS 41.21.162 Designation of management responsibility.
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The land and water described in AS 41.21.161 is assigned to the department for control, maintenance, and development consistent with the purposes and provisions of this chapter. The Department of Fish and Game is responsible for the management of fish and game resources in the Wo…
AS 41.21.163 Management Council created.
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A seven-member Wood-Tikchik State Park Management Council is created and shall be appointed by the governor. Management council members may, subject to appropriations, receive the same per diem and travel expenses authorized for members of state boards. The governor shall appoint…
AS 41.21.164 Management plan.
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The Wood-Tikchik State Park Management Council shall develop a management plan for the park with the advice and assistance of the department. The management plan shall be presented at a public meeting before approval and implementation.
AS 41.21.165 Regulations.
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The department shall consult with Department of Fish and Game and the management council before adoption of regulations governing the public use of the park. The Department of Fish and Game shall consult with the department and the management council before adoption of regulation…
AS 41.21.166 Fish and wildlife breeding areas.
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The fish and wildlife habitat breeding areas in the Wood-Tikchik State Park shall be managed to sustain the fish and wildlife resources of the park in perpetuity.
AS 41.21.167 Compatible and incompatible uses.
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(a) The land and water areas described in AS 41.21.161 are not open to mineral entry under AS 38.05.135 38.05.275 or 38.05.700 38.05.795. (b) The regulations adopted under AS 41.21.165 shall recognize that the current practice of traditional subsistence and recreational activ…
AS 41.21.170 Declaration of purpose.
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(a) The purpose of AS 41.21.170 41.21.178 is to establish, subject to valid existing rights, the state-owned or acquired land and water described in AS 41.21.172 as the Shuyak Island State Park. In accordance with the covenants and deed restrictions set by the Kodiak Island Bor…
AS 41.21.172 Designated state land and water.
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The upland, shoreland, tideland, land underlying tidally influenced inland water, and water overlying this land, including both the surface and subsurface estate, owned or acquired by the state within the following described parcels are designated as the Shuyak Island State Park:…
AS 41.21.174 Designation of management responsibility.
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(a) The state land and water described in AS 41.21.172 are assigned to the department for control, maintenance, and development consistent with the purposes and provisions of AS 41.21.170 41.21.178. (b) The Department of Fish and Game is responsible for the management of fish a…
AS 41.21.176 Incompatible uses; access.
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(a) Except as provided in this section, the commissioner may designate by regulation incompatible uses within the land and water of the Shuyak Island State Park. (b) Possession and use of a weapon in the Shuyak Island State Park shall be allowed at all times and use of the weapon…
AS 41.21.178 Additions to park.
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Land and water outside of the boundaries established in AS 41.21.172 may be added to the Shuyak Island State Park only by an act of the legislature. The commissioner may not acquire land and water within the boundaries of the Shuyak Island State Park by eminent domain.
AS 41.21.180 Purpose of AS 41.21.180 41.21.183.
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(a) The purpose of AS 41.21.180 41.21.183 is to establish, subject to valid existing rights, the state-owned or acquired land described in AS 41.21.181 as the Point Bridget State Park. The primary purposes of establishing the Point Bridget State Park are to protect the area's r…
AS 41.21.181 Point Bridget State Park established.
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The state-owned land and water within the following described parcels and any land acquired by the state under AS 41.21.182 are established as the Point Bridget State Park: All state land lying within the following unsurveyed sections: Township 37 South, Range 63 East, Copper Riv…
AS 41.21.182 Purchase or exchange authorized.
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If requested by an owner of land, the department may purchase or enter into an exchange under AS 38.50 if the purchase or exchange will improve access to the park, consolidate the ownership of land, or otherwise enhance the purposes of the park as expressed in AS 41.21.180. Land …
AS 41.21.183 Designation of management responsibility.
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(a) The state-owned land and water described in AS 41.21.181 is assigned to the department for control, maintenance, and development consistent with the purposes and provisions of AS 41.21.180 41.21.183. (b) The Department of Fish and Game is responsible for the management of f…