Section 11 AAC 05.180 - Permits, revocable and temporary surface authorizations and cabin use authorizations(a) Fees established under this section are for permits, revocable and temporary surface authorizations and cabin use authorizations. If a revocable-at-will authorization is revoked without cause, the unused portion of the annual use fee for the authorization is refundable, prorated on a monthly basis. A fee based on acreage applies to each acre or fractional acre. Except where a fee is by statute or required by statute to be based on appraised market value, the director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) or (d)(2) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee (1) must apply to all applicants or petitioners for that authorization, petition, or service;(2) may not exceed 20 percent of the amount established in (d)(1) or (d)(2) of this section for an authorization, petition, or service;(3) must be published on the division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver;(4) may not waive or reduce any additional fees imposed under ( c) of this section; and(5) is not subject to appeal under AS 44.37.011 or 11 AAC 02.(b) The director shall consider in waiving a portion of a fee under (a) of this section(1) the estimated actual costs of the authorization, petition, or service to the department;(2) the economic needs of the department; and(c) When the department determines that an authorization, petition, or other service will require additional costs, or staff time in excess of the maximum hours set out in (d)(1) of this section, but that a higher fee under 11 AAC 05.270 is not required, then,(1) the department may, in addition to the fee established in (d)(1) of this section, (A) charge an additional hourly fee under (d)(3) of this section for staff time in excess of the maximum hours set out in (d)(1) of this section to pay for the estimated actual staff cost for provision of the services requested; and(B) charge fees necessary to pay for additional estimated actual costs, including costs under 11 AAC 05.200 for recordation by the department; (2) the department will provide the applicant or petitioner written estimates detailing the additional costs for the department to continue processing the application; and(3) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.(d) The fees for permits, revocable and temporary surface authorizations and cabin use authorizations are as follows:(1) application fees for the following revocable and temporary surface use authorizations and cabin use authorizations:(A) land use permit for(i) existing trapping cabin under AS 38.95.075, or $200 for up to 8 hours of staff time;(ii) new trapping cabin construction under AS 38.95.080, $500 for up to 20 hours of staff time;(B) land use permit for commercial use under AS 38.05.850 other than for commercial recreation registration required by 11 AAC 96.018, $500 for up to 20 hours of staff time;(C) land use permit under AS 38.05.850 not addressed in (A) or (B) of this paragraph, $300 for up to 12 hours of staff time;(D) amendment of a land use permit issued under AS 38.05.850, $300 for up to 12 hours of staff time;(E) one-year extension of a land use permit issued under AS 38.05.850, $300 for up to 12 hours of staff time; (F) renewal of a personal use cabin permit under former AS 38.04.035(4) and 11 AAC 65.040, $500;(G) commercial recreation registration required by 11 AAC 96.018, $100, plus a fee of $5 each visitor day for use;(H) permit for an unauthorized surface use or occupation of state-owned land, $500 in addition to fees in (B) or (C) of this paragraph;(2) permit fees for the following revocable and temporary surface use authorizations and cabin use authorizations: (A) trapping cabin (i) use permit under AS 38.95.075, $300 annually;(ii) construction permit under AS 38.95.080, an annual fee established under AS 38.95.080(c)(5);(B) land use permit under AS 38.05.850 for floating caretaker housing for a facility whose operator is a qualified regional association under AS 16.10.380, (i) $500 annually if the facility is removed after a period of less than six months;(ii) $1,000 annually if the facility remains in place six months or more;(C) land use permit under AS 38.05.850 for noncommercial use of a structure or facility that is or can be occupied, such as a tent camp, a military training camp, a float house or mobile home used as the owner's private residence, anchoring a vessel longer than 14 consecutive days, or a float house used to provide caretaker housing for a noncommercial or non-profit operation, including a non-profit mariculture operation, (i) $500 annually if the facility is removed after a period of less than six months, plus $0.25 annually for each square foot of structure authorized;(ii) $1,000 annually if the facility remains in place six months or more, plus $0.25 annually for each square foot of structure authorized;(D) land use permit under AS 38.05.850 for commercial use of a structure or facility that is or can be occupied, such as a floating logging camp, caretaker's housing adjacent to a log storage site, a floating lodge, a guide's or outfitter's camp, or anchoring a vessel longer than 14 consecutive days, the greater of:(i) if the facility is removed after a period of less than six months, $1,000 annually, plus $0.75 annually for each square foot of structure authorized;(ii) if the facility remains in place six months or more, $2,000 annually, plus $0. 75 annually for each square foot of structure authorized;(iii) if the facility is used for a commercial recreational purpose, such as a floating lodge or a guide's or outfitter's camp, and if the facility is used for a period ofless than six months each year, $1,000 annually, plus $5 each visitor day for use; or(iv) if the facility is used for a commercial recreational purpose, such as a floating lodge or a guide's or outfitter's camp, and if the facility is used for six to 12 months each year, $2,000 annually, plus $5 each visitor day for use;(E) land use permit under AS 38.05.850 for noncommercial use of a structure or facility not covered by (B) or (C) of this paragraph, such as a private mooring buoy, float, or dock, a weir, a boat ramp, a loading ramp for snowmachines or horses, or anchoring a vessel longer than 14 consecutive days, $300 annually;(F) land use permit under AS 38.05.850 for commercial use of a structure or facility not covered by (G) of this paragraph, such as a commercial mooring buoy, fish holding pen, log storage, A-frame logging, or equipment staging area for a construction project, $750 annually for the first acre, plus $300 for each additional acre;(G) land use permit under AS 38.05.850 for commercial recreational use of state land not covered under (D) or (F) of this paragraph, including commercial filming and recreational events, (i) $1,500 annually if the activity is, or facility remains, for a period of less than six months, plus $5 each visitor day for use;(ii) $3,000 annually if the activity is, or facility remains, in place six months or more, plus $5 each visitor day for use;(H) land use permit under AS 38.05.850 authorizing entry onto an approved surface leasehold for (i) site development, an annual fee equal to the director's estimate of the prospective rental; or(ii) site analysis that involves alteration to the land (including brushing, clearing, or excavating for percolation tests), $300 annually for each acre; (I) land use permit under AS 38.05.850 for grazing livestock; (i) if fenced, $500 for first acre, plus $150 each additional acre annually, plus the greater of $500 annually or 100 percent of the head-month grazing fee for the western states determined under Chapter 2238 of the Forest Service Manual (effective September 9, 2005 or current version), published by the United States Forest Service, United States Department of Agriculture; or (ii) if unfenced, the greater of $300 annually or 100 percent of the head-month grazing fee for the western states determined under Chapter 2238 of the Forest Service Manual (effective September 9, 2005 or current version), published by the United States Forest Service, United States Department of Agriculture;(J) other land use permit under AS 38.05.850 for a use not covered by (B) - (I) of this paragraph that does not hinder other public use, such as moving heavy equipment across state land, $300 annually;(K) other land use permit under AS 38.05.850 for a use not covered by (B) - (J) of this subsection that may interfere with public use, including private use ice roads the greater of, $300 annually or $150 each acre annually;(L) personal use cabin permit under former AS 38.04.035(4) and 11 AAC 65.040, $300 annually, plus $0. 75 annually for each square foot of structure authorized;(M) land use permit or letter of non-objection for a non-commercial event or assembly of more than 50 persons, $300;(N) letter of non-objection or letter of determination for use of state owned lands subject to generally allowed use under 11 AAC 96.020, $300;(O) use of a public use cabin not within a state park unit, $200 each night;(3) for each additional hour in excess of the maximum hours listed in (1) of this subsection, $50. (e) In this section, the computation of square feet of authorized structure includes the entirety of the areas authorized, including any out-buildings, sheds, porches, decks, boardwalks, covered walkways, addition floors or lofts of a structure, attics, basements or root cellars, driveways and parking areas.(f) In addition to a fee prescribed under (d)(1) of this section for surface use authorizations issued to authorize an unauthorized use, the applicant shall pay the annual fee prescribed under (d)(2) of this section for each year the applicant occupied or used state land prior to the issuance of the authorization; this provision may be waived if the department determines the use or improvement is in the public interest, or if the use or improvements predate the applicant's occupancy or ownership.7/1/2018,Register 227, October 2018The Forest Service Manual referenced in 11 AAC 05.180(b)(2)(I) is available for inspection at United States Forest Service offices in Juneau (the regional or main office), Anchorage, Cordova, Girdwood, Seward, Sitka, Ketchikan, Petersburg, Hoonah, Craig, Yakutat, Thome Bay, and Wrangell.
AS 37.10.050
AS 37.10.058
AS 38.04.900
AS 38.05.020
AS 38.05.035
AS 38.05.810
AS 38.05.850
AS 44.37.020