Current through August 30, 2024
(a) A regional plan may be an area plan or a
management plan. An area plan, management plan, or site-specific plan that
complies with the requirements and standards of
AS
38.04.065(b) meets the
requirement of
AS
38.04.065 that classification of state land
be based upon a land use plan.
(b)
The statewide resources plan is not a land use plan for the purposes of this
section but is a planning document that summarizes statewide resource policies
for each resource use under the department's management authority as well as
the department's policies for managing fish and wildlife habitat and
transportation. Because of the statewide resources plan's broad scale and the
general nature of its resource designations, it is not intended to be used as
the sole basis for classification. However, where appropriate, it will be
referred to for guidance in the preparation of other, more detailed land use
plans, including a site-specific plan prepared for classification actions when
there is no area or management plan.
(c) For the purposes of this section, an
"area plan" is a planning document prepared for a region or subregion of the
state and is usually displayed at a scale of 1:250,000 or 1:63,360. The
following items will be included in an area plan:
(1) a summary of existing land uses and
ownership patterns within the planning boundaries;
(2) a discussion of resource potential and
land uses on state lands and water within the planning boundaries;
(3) goals and objectives for each resource in
the planning area;
(4) land
classifications that set out primary uses and that may be supplemented by
identifying secondary uses; with a land classification, the department will
include
(A) a statement whether the land is to
be disposed of in fee or retained in state ownership; and
(B) for land to be retained in state
ownership, a statement as to whether the land is to be made available for lease
or other less-than-fee disposal, timber sale, or material sale;
(5) consideration of mineral
potential to include, at a minimum, identification of areas that will be closed
to mineral entry or restricted to leasehold locations under the criteria set
out in AS
38.05.185, existing or potential conflicts
and, if mineral leasing is intended, stipulations for future leases;
and
(6) management guidelines and
stated management intent, representing department policies to guide the actions
of the department when making land use decisions, directing land management and
ensuring compatibility among competing land uses.
(d) For the purposes of this section, a
"management plan" is a planning document for a region or subregion, generally
more detailed than an area plan, and displayed at a scale of 1:63,360 or finer,
that describes how resource decisions will be implemented and that contains the
items required of an area plan under (c)(1) - (c)(6) of this section.
(e) For the purposes of this section and
AS
38.04.065, a "site-specific plan" is a
planning document, prepared in the absence of a regional plan, that states the
management intent for each resource in the planning area, addresses impacts on
adjacent land uses, and contains the items required of an area plan under
(c)(1), (c)(2), and (c)(4) - (c)(6) of this section.
(f) The following provisions supersede the
modification provisions in land use plans existing on 8/16/89:
(1) A revision to a land use plan is subject
to the planning process requirements of
AS
38.04.065. For the purposes of this section
and AS
38.04.065, a "revision" is an amendment or
special exception to a land use plan as follows:
(A) An "amendment" permanently changes the
land use plan by adding to or modifying the basic management intent for one or
more of the plan's subunits or by changing its allowed or prohibited uses,
policies, or guidelines. For example, an amendment might close to new mineral
entry an area that the plan designated to be open, allow a land use in an area
where the plan prohibited it, or allow land to be opened to homestead entry in
an area that the plan designated for retention in public ownership.
(B) A "special exception" does not
permanently change the provisions of a land use plan and cannot be used as the
basis for a reclassification of the subunit. Instead, it allows a one-time,
limited-purpose variance of the plan's provisions, without changing the plan's
general management intent or guidelines. For example, a special exception might
be used to grant an eligible applicant a preference right under
AS
38.05.035 to purchase land in a subunit
designated for retention in public ownership. A special exception might be made
if complying with the plan would be excessively burdensome or impractical or if
compliance would be inequitable to a third party, and if the purposes and
spirit of the plan can be achieved despite the exception.
(2) A minor change to a land use plan is not
considered a revision under
AS
38.04.065. A "minor change" is a change that
does not modify or add to the plan's basic intent, and that serves only to
clarify the plan, make it consistent, facilitate its implementation, or make
technical corrections.
Authority:AS
38.04.065
AS 38.04.900
AS 38.05.020
AS
38.05.300
