11 AAC 55.040 - Classification

(a) A classification reflects surface impacts of surface or subsurface uses, or both.

(b) Surface resource classifications include agricultural, coal, forest, geothermal, grazing, heritage resources, material, mineral, oil and gas, public recreation, reserved use, resource management, settlement, transportation corridor, water resources, and wildlife habitat land.

(c) A classification identifies the primary use for which the land will be managed, subject to valid existing rights and to multiple use. A land use plan under this chapter may identify both primary and secondary uses. In addition, the department may authorize other uses that do not conflict with the plan.

(d) On any parcel of land, up to three classifications may be used where the dominance of a particular use cannot be determined.

(e) All land classified after September 7, 1983 is open to mineral entry and location unless the land is closed by statute or by a mineral closing order prepared in conformance with AS 38.05.185. State land may not be closed to mineral entry and location unless the commissioner finds that mineral entry and location is incompatible with significant surface uses, including those associated with other leasable mineral development. This finding may be made through an area plan. A mineral closing order will state the grounds for closing the lands to mineral entry. No land classified after September 7, 1983 is restricted to mining under leasehold location unless the commissioner makes the determination required by AS 38.05.185 and issues a leasehold location order. The determination may be made through an area plan.

(f) Unless closed to mineral entry by statute or by a mineral closing order, land classified before September 7, 1983 as commercial, greenbelt, industrial, public recreation, reserved use, resource management, watershed, or wildlife habitat land has been and remains available for leasehold locations under AS 38.05.205. The leasing requirement remains in effect until the land is reclassified. At that time the land will

(1) be opened to mineral entry, in which case leasehold locations previously made will no longer be subject to the leasing requirement although the miner may retain the location as a leasehold location;

(2) be closed to mineral entry by a mineral closing order in accordance with AS 38.05.185, in which case valid existing rights will not be affected; or

(3) remain available for leasehold locations, after a leasehold location order is issued in accordance with AS 38.05.185.

(g) Land classified between November 12, 1978 and September 7, 1983 as private recreation, homesite entry, open-to-entry, or residential land is closed to mineral entry. The closure will remain in effect only until the land is reclassified, unless a mineral closing order is issued in accordance with AS 38.05.185.

(h) Repealed 2/9/2001.

(i) Until land has been classified, a disposal or transfer of state land or an interest in state land, including timber and materials, will not be allowed except for

(1) mineral location, as "location" is defined in 11 AAC 88.185, including leasehold location;

(2) oil and gas leasing under AS 38.05.180 and lease activities and improvements on oil and gas leases, as authorized by a plan of operations under 11 AAC 83.158;

(3) a conveyance under AS 38.05.035(b) and (c), 38.05.068, 38.05.087, or 38.05.820;

(4) an exchange of land under AS 38.50;

(5) a disposal of timber or materials as follows:

(A) the sale of any amount of materials from a riverbed, with notification to the Department of Fish and Game, or from an established source; an "established source" of materials is a material site used within the preceding 10 years and not reclaimed or revegetated;

(B) a permit to remove up to 200 cubic yards of material from a previously used material site if the removal does not interfere with reclamation or revegetation;

(C) the sale to an individual purchaser in a calendar year of up to 10 MBF of timber;

(D) the issuance of a beach log salvage license;

(6) the granting of a right-of-way or easement for a use that, as part of the determination required by AS 38.05.850(c), the department determines to be minor access for purposes of AS 38.04.065(f), based on the use's insignificant effect on the land and resources; uses that the department may find to constitute minor access include

(A) a road or trail less than one mile in length to provide access to a private residence;

(B) a telephone, electric, or other utility line less than 1,500 feet in length;

(C) an erosion control project less than one-half mile in length;

(D) a waterline less than 1,500 feet in length; and

(E) a sewer outfall line from a single-family residence;

(7) an interagency land management assignment; a conveyance of land to a municipality under AS 29.65; or a conveyance to another state agency or to a municipality under AS 38.05.810(a) or other statutory authority, of land or resources with established uses, such as schools or material sites;

(8) repealed 8/16/89.

Notes

11 AAC 55.040

Eff. 11/12/78, Register 68; am 10/14/79, Register 72; am 9/7/83, Register 87; am 8/16/89, Register 111; am 2/9/2001, Register 157

Authority:AS 38.04.065

AS 38.04.900

AS 38.05.020

AS 38.05.185

AS 38.05.295

AS 38.05.300