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Alaska Administrative Code (Last Updated: January 12, 2017) |
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Title 11. Natural Resources. |
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Part 11.1. Office of the Commissioner. |
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Chapter 11.65. Personal Use Cabin Permits. |
Section 11.65.050. Permit decision.
Latest version.
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(a) The department will issue and renew an applicant's cabin permit if the director finds in writing that the application is for a cabin that complies with AS 38.04.035(4) and does not conflict with the public interest criteria as described in (b) of this section. (b) No permit will be issued for a cabin on state land (1) where a subdivision or agricultural sale has occurred or is anticipated or scheduled during the term of the permit; (2) where homesteads are proposed for future disposal, unless the disposal is not anticipated within the term of the permit; (3) if the land has been selected under the authority of the Municipal Entitlement Act, AS 29.18; (4) in state park units, land managed under an interagency land management agreement, land classified as reserved use, or where the issuance of a permit would interfere with significant public recreational use; (5) that is shoreland, submerged land, or tideland; (6) that serves an important ecological function, or is especially sensitive to human disturbance, as determined by the department; (7) located close to a center of population; (8) where material extraction, timber sales, mining, or intensive recreational facility development is scheduled or anticipated during the term of the permit; (9) overlying a mining location or mineral lease if the department determines that a cabin may interfere with development of the mining location or mineral lease during the term of the permit; (10) under application or proposed for a public facility or highway right-of-way unless it is clear that the intended use will not occur during the term of the permit; (11) for which a Native allotment application is on record with the Bureau of Land Management, or on land validly selected under the Alaska Native Claims Settlement Act; (12) accessible by road within legislatively designated state game refuge or critical habitat area; (13) in a legislatively designated state game sanctuary; (14) where the cabin is used as a permanent residence; or (15) if the department determines that the proposed use may more appropriately be allowed under another chapter of this title.
Authorities
38.04.035;38.04.900;38.05.020;41.21.020