Section 11 AAC 96.030 - Application(a) An application for a permit under 11 AAC 96.010 must be on a form provided by the department and accompanied by the applicable nonrefundable application fee required by 11 AAC 05. An application that is not complete or otherwise does not comply with this section or other applicable statute or regulation may be rejected and returned to the applicant without consideration. The application must contain the following information in sufficient detail to allow for the department's evaluation of the planned activities' effect on the land: (1) except if the application is for a limited non-timber forest product commercial harvest permit, a map at a sufficient scale and detail to depict the location of all activities and routes of travel of all equipment or motorized vehicles for which a permit is required;(2) a description of the proposed activity, any associated structures, temporary improvements, and the type of equipment or motorized vehicles that will be used; and (3) any additional information or document that the department requires.(c) The department will give notice to an upland owner of an application involving shoreland, tideland, or submerged land adjacent to the upland owner's property. The department may give public notice of any application. As part of public notice, the department may include publication in a newspaper of local or statewide circulation or on the Alaska Online Public Notice System developed under AS 44.62.175. The applicant must pay any advertising costs for a published public notice.(d) To qualify for a permit under 11 AAC 96.010, an applicant must comply with (a) of this section and (1) must be (A) an individual at least 18 years of age; or (B) a corporation, limited liability company, partnership, or other business entity organized under the laws of the United States or of any state or territory of the United States and qualified to do business in this state; (2) must be in good standing with the department; (3) if operating as a business, must possess a valid business license issued under AS 43.70 for the intended activity; and (4) comply with specific qualification requirements and other applicable statutes or regulations. (e) Upon a written determination that the interests of the state are best served, or that the limitation is consistent with the purpose and intent of an applicable authorizing statute or regulation, the department may limit the number of land use permits when warranted by acreage, geography, public safety, negative land use impacts, or limited infrastructure. (f) If the number of qualified applicants exceeds the number of land use permits allowed under (e) of this section, and the department decides to issue one or more permits, the department will award permits using a competitive process including public outcry auction or sealed bid auction using one of the land use fees or visitor day use fees applicable to the permit under 11 AAC 05.180(d)(2) as a bid variable, or by lot. (g) If the department decides to offer land use permits through a competitive process under (e) and (f) of this section or if another statute or regulation requires permits to be allocated through a competitive process, the department will provide public notice that contains sufficient information in commonly understood terms to inform the public of the nature of the action and of the opportunity to submit a permit application under this section. In the notice, the department will set out (1) the qualifications for a permit under (a) of this section; (2) the general conditions for the competitive offering; and (3) how a person may apply for a permit. (h) The department will provide the public notice described in (g) of this section (1) on the Alaska Online Public Notice System (AS 44.62.175) for at least 14 days; and(2) by any other method that the department determines to be appropriate, (i) Subsections (e) and (f) of this section apply only to permits issued under AS 38.05.850. The department will not use (e) and (f) of this section to implement a guide concession program under the department's January 2013 management framework document, Alaska Division of Lands (ADL) number 230869, and will not use (e) and (f) of this section to implement any other big game guide concession program that may be established for state-owned lands. (j) For purposes of this section, (1) "good standing" means being in compliance with applicable state law, applicable department regulations, and provisions of all permits managed by the department and held by the applicant; (2) "qualified to do business in this state" means holding the certificate issued by the commissioner of commerce, community, and economic development under AS 10, AS 32, or other applicable law necessary to lawfully conduct business in the state.Eff. 1/1/70, Register 31; am 8/6/94, Register 131; am 12/7/2002, Register 164; am 8/31/2008, Register 187; am 7/1/2018, Register 227, October 2018; am 5/22/2020, Register 234, July 2020Authority:AS 38.05.020
AS 38.05.035
AS 38.05.850