Section 38.05.300. Classification of land.

   (a) The commissioner shall classify for surface use land in areas considered necessary and proper. This section does not prevent reclassification of land where the public interest warrants reclassification, nor does it preclude multiple purpose use of land whenever different uses are compatible. If the area involved contains more than 640 contiguous acres, state land, water, or land and water area may not, except by act of the state legislature, (1) be closed to multiple purpose use, or (2) be otherwise classified by the commissioner so that mining, mineral entry or location, mineral prospecting, or mineral leasing is precluded or is designated an incompatible use, except when the classification is necessary for a land disposal or exchange or is for the development of utility or transportation corridors or projects or similar projects or infrastructure, or except as allowed under (c) of this section.
   (b)   [Repealed, Sec. 35 ch 126 SLA 1994].
   (c) Notwithstanding (a)(2) of this section, if the commissioner considers it necessary and proper, the commissioner may provide by order for an interim classification that precludes, or designates as an incompatible use, mining, mineral entry or location, mineral prospecting, or mineral leasing. Within 10 days after the convening of each regular legislative session, the commissioner shall transmit to the legislature for consideration all the interim classification orders issued under this subsection during the preceding calendar year. Unless the legislature approves by law an interim classification contained in an order transmitted under this subsection, that order expires on the 90th day of that legislative session or upon adjournment of that session, whichever occurs first. Approval by the legislature of an interim classification satisfies the requirement of (a) of this section for an act of the state legislature.

Authorities

29.65.130;38.04.020;38.04.065;38.05.035;38.05.045;38.05.075;38.05.185;38.05.945;41.17.055;41.21.110;41.21.120;41.21.130;41.21.150;41.21.160;41.21.170;41.21.185;41.21.410;41.21.430;41.21.450;41.21.470;41.21.610

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 55.240
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 60.030
11 AAC 86.135
11 AAC 96.007
11 AAC 96.014
11 AAC 96.016

References

11 AAC 55.020
11 AAC 96.250
11 AAC 99.090
AS 29.65.130 Definitions.
AS 38.04.020 Land disposal bank.
AS 38.04.065 Land use planning and classification.
AS 38.05.035 Powers and duties of the director.
AS 38.05.045 Generally.
AS 38.05.075 Leasing procedures.
AS 38.05.185 Generally.
AS 38.05.945 Notice.
AS 41.17.055 Powers and duties of the commissioner.
AS 41.21.110 Purpose of AS 41.21.110 - 41.21.113.
AS 41.21.120 Purpose of AS 41.21.120 - 41.21.125.
AS 41.21.130 Purpose of AS 41.21.130 - 41.21.142.
AS 41.21.150 Purpose of AS 41.21.150 - 41.21.153.
AS 41.21.160 Purpose of AS 41.21.160 - 41.21.167.
AS 41.21.170 Declaration of purpose.
AS 41.21.185 Purpose of AS 41.21.185 - 41.21.189.
AS 41.21.410 Purpose of AS 41.21.410 - 41.21.426.
AS 41.21.430 Purpose of AS 41.21.430 - 41.21.445.
AS 41.21.450 Purpose of AS 41.21.450 - 41.21.466.
AS 41.21.470 Purpose of AS 41.21.470 - 41.21.490.
AS 41.21.610 Purpose of AS 41.21.610 - 41.21.630.

History

(Sec. 1 art III ch 169 SLA 1959; am Sec. 2 ch 31 SLA 1964; am Sec. 33, 34 ch 85 SLA 1979; am Sec. 40 ch 152 SLA 1984; am Sec. 2, 3 ch 52 SLA 1993; am Sec. 35 ch 126 SLA 1994)