11 Alaska Admin. Code § 05.240

Current through May 31, 2024
Section 11 AAC 05.240 - Survey and platting
(a) Fees established under this section are for authorizations and services under AS 34, AS 38 and AS 40 for surveys and platting services, and approvals. 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) 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) 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; and
(4) may not waive or reduce any additional fees imposed under (c) of this section;
(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
(3) the public interest.
(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.
(c) [(d)] The fees for authorizations and services under AS 34, AS 3 8 and AS 40 for surveys and platting services, and approvals are as follows:
(1) for the following survey and platting services and approvals, as follows:
(A) issuance or amendment of survey instructions;
(i) for a remote recreational cabin site lease, $300 for up to 8 hours of staff time;
(ii) under AS 38.04.045 for conveyances for a municipal entitlement, municipal tideland or submerged lands, public and charitable, or preference right, $2,500 for up to 67 hours of staff time;
(iii) under AS 38.04.045 for a land sale, lease or any other type of survey, $1,500 for up to 40 hours of staff time;
(iv) under 11 AAC 51.065 for an easement or right-of-way vacation or relocation, $1,500 for up to 40 hours of staff time;
(v) for an as-built plat on upland, shoreland, tideland or submerged land, for a linear easement or right-of-way no more than 0.5 miles in length, including up to two landings, $150;
(vi) for an as-built plat on upland, shoreland, tideland or submerged land, for a non-linear easement or right-of-way no more than 1.0 acre in area, including up to two landings, $150;
(vii) for an as-built plat on upland, shoreland, tideland or submerged land, for a linear easement or right-of-way greater than 0.5 miles in length but no more than 1.0 mile in length, including up to two landings, $300 for up to 8 hours of staff time;
(viii) for an as-built plat on upland, shoreland, tideland or submerged land, for a non-linear easement or right-of-way greater than 1.0 acres but no more than 3.0 acres in area, including up to two landings, $300 for up to 8 hours of staff time;
(ix) for an as-built plat on upland or tideland, for a linear easement or right-of-way greater than 1.0 mile in length, in addition to the fee in (vii) of this subparagraph, $150 for up to 4 hours of staff time for each additional 6-mile segment or portion thereof in excess of 1. 0 mile in length;
(x) for an as-built plat on shoreland or submerged land, for a linear easement or right-of-way greater than 1.0 mile in length, in addition to the fee in (vii) of this subparagraph, $40 for up to 1 hour of staff time for each additional 6- mile segment or portion thereof in excess of 1.0 mile in length;
(xi) for an as-built plat on upland, shoreland, tideland or submerged land, for a non-linear easement or right-of-way greater than 3.0 acres in area, in addition to the fee in (viii) of this subparagraph, $150 for up to 4 hour of staff time for each additional 12-acre segment or portion thereof in excess of 3. 0 acres in area;
(xii) for an as-built plat on upland, shoreland, tideland or submerged land, for a linear or non-linear easement or right-of-way, in addition to the applicable fee in (v), (vi), (vii) or (viii) of this subparagraph, for each additional landing, $150 for up to 4 hours of staff time;
(B) plat review under AS 38.04.045,
(i) for first two reviews of first parcel or tract each plat other than (iv) of this subparagraph, $1,500 for up to 40 hours of staff time, plus $200 for up to 4 hours of staff time for each additional parcel or tract each plat; and
(ii) for third and each additional review of first parcel or tract each plat other than (iv) of this subparagraph, $500 for up to 13 hours of staff time, plus $200 for up to 5.5 hours of staff time for each additional parcel or tract each plat;
(iii) for final plat approval and signing, no fee; or
(iv) for a remote recreational cabin site lease $300, for up to 8 hours of staff time;
(C) as-built plat or record of survey review for an easement or right-of-way,
(i) for first two reviews of one plat sheet, $200 for up to 5.5 hours of staff time, plus $100 for up to 2.5 hours of staff time for each additional plat sheet; and
(ii) for the third and each additional review of one plat sheet , $50 for up to 1.5 hour of staff time, and $50 for up to 1.5 hours of staff time for each additional plat sheet;
(iii) for final plat approval and signing, no fee;
(D) request for proposal,
(i) for first copy, no fee; and
(ii) for each additional copy, $50;
(E) combined shore fishery diagram preparation instructions and diagram review , $450, which is in lieu of the fees set out in (A) and (B) of this paragraph;
(F) plat review under AS 40.15.305;
(i) for first two reviews of a plat, $1,000 for up to 27 hours of staff time for the first two parcels or tracts, for each plat, plus $100 for up to 3 hours of staff time for each additional parcel or tract each plat; and
(ii) for the third and each additional review of a plat , $400 for up to 11 hours of staff time for each additional parcel or tract for each plat, plus $50 for up to 1.5 hour of staff time for each additional parcel or tract for each plat; and
(iii) for final plat approval and signing, no fee; or
(iv) for a petition to replat an existing approved plat under 11 AAC 53 .730, $500 for up to 13 hours of staff time;
(v) under 11AAC53.730(e) for an extension of time to submit a final plat of a replat, $40 for up to one hour of staff time;
(G) review of plat or record of survey for a vacation, modification or relocation of easement or right-of-way under 11 AAC 51.065, $240 for up to 6 hours of staff time;
(2) for each additional hour in excess of the maximum hours listed in (1) of this subsection, $75.

11 AAC 05.240

7/1/2018,Register 227, October 2018

AS 38.04.045

AS 38.05.102

AS 38.50.160

AS 38.04.900

AS 38.05.600

AS 40.15.305

AS 38.05.020

AS 38.05.810

AS 40.15.360

AS 38.05.035

AS 38.05.850

AS 40 .15.370

AS 38 .05.070

AS 38.09.020

AS 40.15 .380

AS 38.05.082

AS 38.09.110

AS 44.37.020

AS 38.05 .083