11 Alaska Admin. Code § 67.810

Current through May 31, 2024

Section 11 AAC 67.810 - Local review of staking areas

(a) This section applies to a remote recreational cabin site staking area within a municipality that exercises platting authority or expects to begin exercising platting authority before the remote recreational cabin sites are platted. When providing notice under AS 38.05.945(c) of its proposed decision to open the land for staking, the department will notify the municipality that

(1) the department will not proceed with the proposed opening without a modification of the municipality's plat review process;

(2) the survey plat will not be prepared until three or more years after an applicant stakes a site and receives a lease, and that during that period before the plat is prepared, a lessee might construct permanent improvements and onsite wastewater disposal systems; and

(3) to ensure compliance with applicable platting and onsite wastewater disposal requirements, those requirements must be known before a lease is issued.

(b) If in response to the notice provided under AS 38.05.945(c), the municipality

(1) grants conceptual approval of the density and minimum size of cabin sites to be offered, and consents to be guided by that conceptual approval during its later plat review, the department will conform the department's final decision to that maximum number and minimum size;

(2) requests that the department submit a preliminary plat, showing the cabin site's approximate location and size, for the municipality's approval before the department issues a lease, the department will submit that material and adjust the boundaries of the lease site as necessary to comply with municipal platting requirements;

(3) requires a minimum parcel size to qualify the final plat for a waiver of review, the department will conform the department's final decision to that minimum parcel size; or

(4) states that the municipality will not modify its platting process to allow the offering of unsurveyed cabin sites, the department will not proceed with the proposed offering.

11 AAC 67.810

Eff. 2/9/2001, Register 157

Authority:AS 38.05.020

AS 38.05.035

AS 38.05.600