Section 38.04.065. Land use planning and classification.

   (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) In the adoption and revision of regional and site-specific land use plans, the commissioner shall
        (1) use and observe the principles of multiple use and sustained yield;
        (2) consider physical, economic, and social factors affecting the area and involve other agencies and the public in achieving a systematic interdisciplinary approach;
        (3) give priority to planning and classification in areas of potential settlement, renewable and nonrenewable resource development, and critical environmental concern;
        (4) rely, to the extent that it is available, on the inventory of the state land, its resources, and other values;
        (5) consider present and potential uses of state land;
        (6) consider the supply, resources, and present and potential use of land under other ownership within the area of concern;
        (7) plan for compatible surface and mineral land use classifications; and
        (8) provide for meaningful participation in the planning process by affected local governments, state and federal agencies, adjacent landowners, and the general public.
   (c) The commissioner shall adopt regional land use plans for state land. Each regional land use plan must identify and delineate
        (1) areas of settlement and settlement impact, where land must be classified for various private uses, renewable and nonrenewable resource development, and for public recreation, open space, and other public uses desirable in and around settlement; and
        (2) areas that must be retained in state ownership and planned and classified for various uses and purposes under AS 38.04.015.
   (d) The commissioner may adopt as a land use plan a comprehensive plan adopted by a municipality having planning and zoning powers or a land management plan adopted by another governmental entity if the commissioner determines that the plan adequately recognizes and protects state interests. A decision to adopt the plan must be preceded by public hearings in affected and interested communities and by a draft decision, available for public review, that describes the state's interests and how the state will implement the plan.
   (e) Land shall be classified as provided in AS 38.05.300.
   (f) Each decision about the location of easements and rights-of-way, other than for minor access, shall be integrated with land use planning and classification.
   (g) Each land use plan adopted by the commissioner under this section shall be consistent with municipal land use plans to the maximum extent determined consistent with the state interests and the purposes of this chapter.
   (h) Before the commissioner adopts a regional land use plan, a land classification may be made on the basis of a site-specific land use plan. After adoption of a regional land use plan, land classifications shall be made under the plan.
   (i) An oil and gas lease sale or gas only lease sale is not subject to this section. Oil and gas lease sales and gas only lease sales are subject to the planning process established under AS 38.05.180.

Authorities

14.40.461;38.04.020;38.05.073;38.05.075;38.05.112;41.17.118;42.40.460

Notes

Implemented As

11 AAC 55.010
11 AAC 55.020
11 AAC 55.030
11 AAC 55.040
11 AAC 55.050
11 AAC 55.055
11 AAC 55.070
11 AAC 55.075
11 AAC 55.080
11 AAC 55.095
11 AAC 55.120
11 AAC 55.130
11 AAC 55.135
11 AAC 55.160
11 AAC 55.170
11 AAC 55.200
11 AAC 55.202
11 AAC 55.205
11 AAC 55.215
11 AAC 55.222
11 AAC 55.230
11 AAC 55.250
11 AAC 55.260
11 AAC 55.270
11 AAC 55.272
11 AAC 55.277
11 AAC 55.280
11 AAC 96.014

References

11 AAC 55.020
11 AAC 55.030
11 AAC 55.040
11 AAC 55.205
11 AAC 55.240
11 AAC 55.270
11 AAC 67.220
11 AAC 95.260
11 AAC 97.300
AS 14.40.461 University research forest.
AS 38.04.020 Land disposal bank.
AS 38.05.073 Recreational facilities development leasing.
AS 38.05.075 Leasing procedures.
AS 38.05.112 Forest land use plans.
AS 41.17.118 Riparian standards for state land.
AS 42.40.460 Extension of the Alaska Railroad.

History

(Sec. 5 ch 181 SLA 1978; am Sec. 8 ch 113 SLA 1981; am Sec. 93 ch 6 SLA 1984; am Sec. 1 - 7 ch 75 SLA 1987; am Sec. 3 ch 1 FSSLA 1996; am Sec. 3 ch 20 SLA 1997; am Sec. 8 ch 91 SLA 1997; am Sec. 9 ch 49 SLA 2004)