Title 41 — Public Resources
24 chapters · 391 sections in this title.
AS 41.21.185 Purpose of AS 41.21.185 — 41.21.189.
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(a) The purpose of AS 41.21.185 — 41.21.189 is to establish, subject to valid existing rights including those rights created by the Afognak Island Road Use Agreement executed on July 24, 1991, and as amended from time to time, the state-owned or acquired land and water described …
AS 41.21.186 Afognak Island State Park established.
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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 established as the Afognak Island State Par…
AS 41.21.187 Designation of management responsibility.
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(a) The state land and water described in AS 41.21.186 is assigned to the department as a unit of the state park system for control, maintenance, and development consistent with the purposes and provisions of AS 41.21.185 — 41.21.189. (b) The Department of Fish and Game is respon…
AS 41.21.188 Incompatible uses.
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(a) The commissioner may designate by regulation incompatible uses within the land and water of the Afognak Island State Park. (b) Lawful use of a weapon in the Afognak Island State Park shall be allowed except in areas that may be closed for purposes of public safety by regulati…
AS 41.21.189 Additions to park.
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Land and water outside of the boundaries established under AS 41.21.186 may be added to the Afognak Island State Park only by an act of the legislature. The commissioner may acquire land and water within the boundaries of the Afognak Island State Park except by eminent domain.
AS 41.21.190 Purpose of AS 41.21.190 — 41.21.194.
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The purpose of AS 41.21.190 — 41.21.194 is to establish, subject to valid existing rights, the state-owned or acquired land and water described in AS 41.21.191 as the Fort Rousseau Causeway State Historical Park. The primary purposes of establishing the land and water areas descr…
AS 41.21.191 Fort Rousseau Causeway State Historical Park established.
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Except for upland, shoreland, tideland, and water overlying the land lying northeasterly of a line running parallel to and 1100 feet offset southwesterly from the runway centerline of the Sitka Airport, the upland, shoreland, tideland, and water overlying the land owned or acquir…
AS 41.21.192 Designation of management responsibility.
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The state-owned land and water described in AS 41.21.191 is assigned to the department for control, maintenance, and development consistent with the purposes and provisions of AS 41.21.190 — 41.21.194.
AS 41.21.193 Incompatible uses.
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The commissioner may designate by regulation incompatible uses within the land and water of the Fort Rousseau Causeway State Historical Park.
AS 41.21.194 Additions to park.
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Article 3. Alaska Marine Parks. Land and water outside of the boundaries established under AS 41.21.191 may be added to the Fort Rousseau Causeway State Historical Park only by an act of the legislature.
AS 41.21.300 Declaration of purpose.
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(a) The purpose of AS 41.21.300 — 41.21.306 is to establish, subject to valid existing rights, the state-owned or acquired land and water described in AS 41.21.304 as marine park units of the Alaska state park system. The primary purposes in establishing the land and water areas …
AS 41.21.302 Management of marine parks.
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(a) The state land and water described in AS 41.21.304 is assigned to the department for control, maintenance, and development consistent with the purposes and provisions of AS 41.21.300 — 41.21.306. (b) The Department of Fish and Game is responsible for the management of fish an…
AS 41.21.304 Designated land and water.
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The state-owned land and water and that land and water acquired by the state in the future lying within the following described parcels are designated as marine park units of the Alaska state park system: (1) Bettles Bay Township 10 North, Range 6 East, Seward Meridian Section 12…
AS 41.21.306 Incompatible uses.
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Article 4. State Recreation Areas. (a) The commissioner may prohibit or restrict by regulation except as provided in AS 41.21.302(d) incompatible uses within the state-owned land and water described in AS 41.21.304. (b) [Repealed, § 2 ch 126 SLA 1984.] (c) Nothing in AS 41.21.300…
AS 41.21.410 Purpose of AS 41.21.410 — 41.21.426.
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The purpose of AS 41.21.410 — 41.21.426 is to empower the governor to restrict state owned land and water described in AS 41.21.415, except as provided in AS 41.21.426, to use as a public recreation area. Under AS 38.05.300, state land, water, or land and water containing more th…
AS 41.21.415 Authority to designate Captain Cook State Recreation Area.
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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 Captain Cook State Recreation Area. The proclamation may include the entire area or portions of t…
AS 41.21.420 Incompatible uses.
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The commissioner shall designate by regulation incompatible uses within the boundaries of the Captain Cook State Recreation Area in accordance with AS 41.21.410, and those incompatible uses designated shall be prohibited or restricted, as provided by regulation.
AS 41.21.425 Negotiated purchase authorized.
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The commissioner may acquire, by negotiated purchase only in the name of the state, title to or interest in real property lying within the boundaries of the Captain Cook State Recreation Area.
AS 41.21.426 Certain land excepted.
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(a) Notwithstanding AS 41.21.020(a)(6), 41.21.410 — 41.21.425, or a regulation issued implementing AS 41.21.420, 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 …
AS 41.21.430 Purpose of AS 41.21.430 — 41.21.445.
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The purpose of AS 41.21.430 — 41.21.445 is to empower the governor to restrict state-owned land and water described in AS 41.21.435 to use as a public recreation area. Under AS 38.05.300, state land, water, or land and water containing more than 640 acres may be closed to multipl…
AS 41.21.435 Authority to designate Caines Head State Recreation Area.
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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 Caines Head State Recreation Area. The proclamation may include the entire area or portions of th…
AS 41.21.440 Incompatible uses.
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The commissioner shall designate by regulation incompatible uses within the boundaries of the Caines Head State Recreation Area in accordance with AS 41.21.435, and those incompatible uses designated are prohibited or restricted, as provided by regulation.
AS 41.21.445 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 Caines Head State Recreation Area. The state may not acquire by eminent domain privately owned land for inclusion in the Caines Head State …
AS 41.21.450 Purpose of AS 41.21.450 — 41.21.466.
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The purpose of AS 41.21.450 — 41.21.466 is to restrict state-owned land and water within the boundaries described in AS 41.21.455, except as provided in AS 41.21.466, to use as a public recreation area. Under the provisions of AS 38.05.300, state land, water, or land and water co…
AS 41.21.455 Nancy Lake State Recreation Area 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 following described boundary, are hereby designated as the Nancy Lake State Recreation Area, are reserved from all uses incompatible with their primary function as publ…
AS 41.21.460 Incompatible uses.
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The commissioner shall designate by regulation incompatible uses within the boundaries of the Nancy Lake State Recreation Area in accordance with the requirements of AS 41.21.450, and those incompatible uses designated shall be prohibited or restricted, as provided by regulation.
AS 41.21.465 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 the boundaries of the Nancy Lake State Recreation Area.
AS 41.21.466 Certain land excepted.
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(a) Notwithstanding AS 41.21.020(a)(6) or 41.21.450 — 41.21.465, 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 41.21.470 Purpose of AS 41.21.470 — 41.21.490.
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The purpose of AS 41.21.470 — 41.21.490 is to restrict all vacant and unappropriated state-owned land, water, and stream crossings within the boundaries described in AS 41.21.475 to use as a public recreation area. Under the provisions of AS 38.05.300, state land, water, or land …
AS 41.21.475 Chena River State Recreation Area established.
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The presently state-owned land and water, vacant and unappropriated, and all that acquired in the future by the state, lying within the following described boundary, are hereby designated as the Chena River State Recreation Area, are reserved from all uses incompatible with their…
AS 41.21.480 Eminent domain authorized to acquire necessary access.
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The state may not acquire by eminent domain privately owned land within the Chena River State Recreation Area unless it is for the purpose of providing necessary access to state land.
AS 41.21.485 Zoning of private land.
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The department may adopt, in accordance with AS 44.62 (Administrative Procedure Act), zoning regulations governing privately owned land in the Chena River State Recreation Area.
AS 41.21.490 Incompatible uses.
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The commissioner shall designate by regulation incompatible uses within the boundaries of the Chena River State Recreation Area in accordance with the requirements of AS 41.21.020(a)(13) and 41.21.470, and those incompatible uses designated shall be prohibited or restricted, as p…
AS 41.21.491 Willow Creek State Recreation Area.
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(a) The surface estate in the land and water owned by the state as of June 9, 1987, and all land and water acquired by the state in the future, including shore and submerged land, lying within the parcels described in this subsection is designated as the Willow Creek State Recrea…
AS 41.21.492 Designation of management responsibilities.
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(a) The land and water described in AS 41.21.491(a), including land and water owned by the Matanuska-Susitna Borough and designated by the borough in a management agreement under AS 41.21.491(b), is assigned to the department for control, maintenance, and development, consistent …
AS 41.21.493 Comprehensive management plan.
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The commissioner shall develop and adopt a comprehensive management plan for the Willow Creek State Recreation Area with the concurrence of the Matanuska-Susitna Borough.
AS 41.21.494 Regulations.
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The commissioner shall adopt regulations under AS 44.62 (Administrative Procedure Act) that are necessary to achieve the purposes of AS 41.21.491 — 41.21.495 and to implement the plan adopted under AS 41.21.493. The regulations must (1) designate incompatible uses and prohibit or…
AS 41.21.495 Cooperative management agreements.
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The commissioner may enter into cooperative management agreements with a federal agency, a municipality, another state agency, or a private landowner to achieve the purposes of AS 41.21.491 — 41.21.495.
AS 41.21.496 Certain lands excepted.
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Article 5. Special Management Areas. (a) Notwithstanding AS 41.21.020(a)(6) or 41.21.491 — 41.21.495, 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 natura…
AS 41.21.500 Purpose of AS 41.21.500 — 41.21.514.
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The purpose of AS 41.21.500 — 41.21.514 is (1) to designate as a unit of the state park system under this chapter the land and water described in AS 41.21.502(a); (2) to protect and perpetuate the fishery and wildlife resources and habitat in the unit and adjacent area; and (3) t…
AS 41.21.502 Kenai River Special Management Area.
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(a) The surface estate in the land and water presently owned by the state and all land and water acquired by the state in the future, including shore, tide, and submerged land, lying within the parcels described in this section is designated as the Kenai River Special Management …
AS 41.21.504 Designation of management responsibilities.
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(a) The land and water described in AS 41.21.502(a) is assigned to the department for control, maintenance, and development consistent with the purposes of AS 41.21.500 — 41.21.514. (b) Nothing in AS 41.21.500 — 41.21.514 affects the applicability of (1) AS 41.99.010 and AS 16 re…
AS 41.21.506 Comprehensive management plan; regulations.
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(a) The commissioner shall develop and adopt a comprehensive management plan for the Kenai River Special Management Area in consultation with the Kenai Peninsula Borough. The plan may include the land adjacent to the rivers described in AS 41.21.502(a)(1) — (3) whether the land i…
AS 41.21.508 Acquisition of additional land; adjustment of boundaries.
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(a) The commissioner may acquire title to or an interest in land or improvements on land that is adjacent to or within the boundaries of the Kenai River Special Management Area in the name of the state in order to achieve the purposes of AS 41.21.500 — 41.21.514, by lease, purcha…
AS 41.21.510 Advisory committee.
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(a) In developing and implementing the management plan required by AS 41.21.506(a), the commissioner shall appoint an advisory board. The commissioner and the advisory board shall jointly hold public meetings during development of the management plan in the areas affected. The co…
AS 41.21.512 Cooperative management agreements.
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The commissioner may enter into cooperative management agreements with a federal agency, a municipality, another state agency, or a private landowner to achieve the purposes of AS 41.21.500 — 41.21.514.
AS 41.21.514 Civil enforcement.
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In addition to any other remedy provided by law, the attorney general may seek an injunction and damages at the request of the commissioner for a violation of a regulation adopted under AS 41.21.500 — 41.21.514 or a regulation that is applicable to the Kenai River Special Managem…
AS 41.21.518 Business Park Wetlands Special Management Area established.
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The present and future state-owned land and water within the parcels described in this section, are designated as the Business Park Wetlands Special Management Area. The special management area is established to protect and preserve this land and water for its unique and exceptio…
AS 41.21.520 Incompatible uses.
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(a) The commissioner may designate by regulation incompatible uses for the state-owned land and water within the Business Park Wetlands Special Management Area in accordance with the requirements of AS 41.21.518 — 41.21.522. (b) In designating incompatible uses by regulation unde…
AS 41.21.522 Acquisitions authorized; eminent domain prohibited.
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Article 6. Alaska Chilkat Bald Eagle Preserve. The commissioner may acquire by gift or purchase in the name of the state title to or interest in real property within the Business Park Wetlands Special Management Area. The state may not acquire by eminent domain privately owned la…