Section 11.67.148. Dwelling; extensions for completion.

	(a)  No later than three years after the date the entry permit was issued, an entryperson who did not purchase the homestead under AS 38.09.090 and 11 AAC 67.147 shall submit proof of completion of a habitable, permanent dwelling. Proof must be submitted in the form of photographs and an affidavit from the entryperson, and must include a description of the dwelling, type of footings and foundation, dimensions of structure, type of construction, insulation, sewage facilities, heating facilities, cooking facilities, and water supply.  
	(b)  A request for an extension of time under AS 38.09.040(a)(3) to complete a nearly completed dwelling must be filed with the department within three years after the date the entry permit was issued. For the purposes of an extension under AS 38.09.040(a)(3) and this section, "nearly completed" means either  
		(1) completion of a basement suitable for habitation; or  
		(2) completion of framing, closing in, and weatherproofing the dwelling.  
	(c)  An extension granted under AS 38.09.040(a)(3) for completing a habitable permanent dwelling does not extend the time for completion of any other homestead requirement.  
	(d)  If the entryperson fails to meet the requirements of (a) of this section within three years after the date the entry permit was issued, or within an extended period allowed by the director under (b) of this section, the entry permit automatically expires, and all rights of the entryperson to the homestead terminate. Any improvements or property of the entryperson will be managed by the department under AS 38.05.090.  
	(e)  For the purposes of this section, "habitable, permanent dwelling" means a structure or mobile home suitable for year-round occupancy with at least 190 square feet of floorspace, built or placed on a permanent masonry or permanent treated-wood foundation, meeting the usual and customary construction standards for permanent dwellings in the area. Sanitary facilities must meet Department of Environmental Conservation requirements, and the structure must meet applicable local building codes.  

Authorities

38.05.020;38.05.035;38.09.040;38.09.050;38.09.110

Notes

Reference

11 AAC 67.147

Authority

AS 38.05.020 AS 38.05.035 AS 38.09.040 AS 38.09.050 AS 38.09.110

History

Eff. 5/31/84, Register 90