Current through August 30, 2024
(a) As part of a
preliminary or proposed written decision under
AS
38.05.035(e) before the
sale, lease, grant, or other disposal of any interest in state land the
department will
(1) list or map the access
easements that the department proposes to reserve under this section for public
access to and along water determined under
11 AAC 51.035 to be navigable or
public water; or
(2) state why
reserving an access easement is not necessary to ensure free access to and
along water determined under
11 AAC 51.035 to be navigable or
public water or why regulating or limiting access is necessary for other
beneficial uses or public purposes.
(b) In its final written decision under
AS
38.05.035(e), the department
will incorporate the list or map prepared under (a)(1) of this section or, in
response to public comments or other information known to the department, will
incorporate a modified version of that list or map. Unless the final decision
under AS
38.05.035(e) determines that
reserving an access easement is not necessary to ensure free access to and
along the water or that regulating or limiting access is necessary for other
beneficial uses or public purposes, the department will reserve access
easements as required by this section.
(c) Before the department grants a lease of
the land estate or conveyance of land adjacent to any water affected by tidal
action, the department
(1) will reserve along
that water an access easement that
(A) is
continuous, unless topography or land status prevents a continuous easement;
and
(B) extends at least 50 feet
from the mean high water line on the side to be leased or conveyed, and on both
sides of the mean high water line if land on both sides is to be leased or
conveyed; and
(2) may
reserve an alternative upland access route, if the department finds that access
along an easement reserved under (1) of this subsection might be difficult
because of topography or obstructions.
(d) Before the department grants a lease of
the land estate or conveyance of land adjacent to or containing any inland
water determined under
11 AAC 51.035 to be navigable
water, the department
(1) will reserve along
that water an access easement that
(A) is
continuous, unless topography or land status prevents a continuous easement;
and
(B) extends at least 50 feet
upland from the ordinary high water mark;
(2) will retain the bed of that water in
state ownership; and
(3) may
reserve an alternative upland access route, if the department finds that access
along an easement reserved under (1) of this subsection might be difficult
because of topography or obstructions.
(e) Before the department grants a lease of
the land estate or conveyance of land adjacent to or containing any inland
water determined under
11 AAC 51.035 to be public water,
the department
(1) will reserve, along and on
the bed of that water, an access easement that
(A) is continuous, unless topography or land
status prevents a continuous easement; and
(B) extends at least 50 feet upland from the
ordinary high water mark; and
(2) may reserve an alternative upland access
route, if the department finds that access along an easement reserved under (1)
of this subsection might be difficult because of topography or
obstructions.
(f) Before
the department grants a lease of the land estate or conveyance of land adjacent
to or containing water determined under
11 AAC 51.035 to be navigable or
public water, and if
(1) an existing trail,
road, or other overland route provides access to the water but does not already
have a reserved easement, the department will reserve an access easement, with
a minimum width as required under
11 AAC 51.015(d) (1)(E);
(2) a trail, road, or other overland access
route to the water does not exist, but a public road or a public trail lies
within two miles of the navigable or public water, and if overland access from
the road or trail to the water is feasible, the department
(A) will reserve, from the road or trail to
the water, an access easement with a minimum width of 50 feet, or with a
minimum width of 60 feet if the department also determines that the need for
increased public access to navigable or public water may justify construction
of a road along an easement; and
(B) will reserve access easements under (A)
of this paragraph, at intervals of approximately one mile, from the water to a
public road or a public trail that lies parallel to the water; in reserving
these easements, the department may designate
(i) a section-line easement under
AS
19.10.010 as an access easement, to the
extent that the section-line easement runs on state land, and if the
section-line easement provides a practical route to the shore; and
(ii) an access easement along a tributary
waterway for access to another water body or waterway, if the easement along
the tributary waterway provides a practical and reasonably direct route from
the road or trail to the other water body or waterway; or
(3) a trail, road, or other
overland access route to the water does not exist, but a public railroad
crossing authorized by the railroad operator lies within two miles of the
navigable or public water, and if overland access from the railroad crossing to
the water is feasible, the department will reserve, from the railroad crossing
to the water, an access easement with a minimum width of 50 feet, or with a
minimum width 60 feet if the department also determines that the need for
increased public access to navigable or public water may justify construction
of a road along an easement.
(g) If reserving access easements under (f)
of this section, the department may reserve additional access easements to a
water body or waterway to accommodate existing or anticipated heavy use, to
protect portage routes, or to secure access between aircraft landing sites and
nearby navigable or public water.
(h) In determining the access easements to be
reserved to and along navigable or public water, the department will solicit
comments from the Department of Fish and Game and from a municipality or other
person entitled under
AS
38.05.945 to notice of the preliminary or
proposed written decision under
AS
38.05.035(e).
The subject matter of
11 AAC 51.045 was formerly located
at 11 AAC 53.330. The history note
for 11 AAC 51.045 does not reflect the
history of the earlier section.
Authority:AS
38.04.005
AS 38.04.055
AS 38.04.900
AS 38.05.020
AS 38.05.035
AS
38.05.127
