CSSSHB 352(CRA): "An Act relating to the approval, change, or vacation of subdivision plats in areas outside organized boroughs, in the unorganized borough outside of cities, and in the third class boroughs; and relating to the definitions of `street' and `subdivision'."
00CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 352(CRA) 01 "An Act relating to the approval, change, or vacation of subdivision plats in 02 areas outside organized boroughs, in the unorganized borough outside of cities, 03 and in the third class boroughs; and relating to the definitions of `street' and 04 `subdivision'." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 40.15.070 is amended to read: 07 Sec. 40.15.070. PLATTING AUTHORITY. If land proposed to be subdivided 08 or dedicated is situated within a first or second class borough, the proposed subdivision 09 or dedication shall be submitted to the borough planning commission for approval. If 10 the land is situated within a city in the unorganized borough or the third class borough, 11 the proposed subdivision or dedication shall be submitted to the city planning 12 commission for approval. The borough planning commission is the platting authority 13 for the first or second class borough, the city planning commission is the platting 14 authority for the city, and the Department of Natural Resources is the platting authority
01 in the remaining areas of the state and third class borough [FOR THE CHANGE OR 02 VACATION OF EXISTING PLATS OR A PORTION OF SUCH PLATS, 03 AS PROVIDED IN AS 40.15.075]. If the borough or the city does not have a 04 planning commission, the borough assembly or the city governing body, respectively, 05 is the platting authority and the proposed subdivision or dedication shall be submitted 06 to it. A subdivision may not be filed and recorded until it is approved by the platting 07 authority. 08 * Sec. 2. AS 40.15.075 is amended to read: 09 Sec. 40.15.075. AUTHORITY IN THE UNORGANIZED BOROUGH AND 10 THIRD CLASS BOROUGHS. The Department of Natural Resources is the platting 11 authority in the area outside organized boroughs and outside cities in the unorganized 12 borough and in the third class borough. The Department of Natural Resources may 13 not disapprove a new subdivision plat except for failure (1) to comply with 14 applicable state law; or (2) of the plat to provide for, or otherwise specify, access 15 to each lot, site, or other division of the subdivision. The Department of Natural 16 Resources when [FOR ONLY THE PURPOSES OF] hearing and acting on petitions 17 for the change or vacation of plats [AND] shall execute this function substantially in 18 conformity with the provisions of AS 29.40.130 - 29.40.160. Costs of publication and 19 mailing authorized in AS 29.40.130 shall be paid to the Department of Natural 20 Resources by the petitioner. The Department of Natural Resources shall adopt 21 reasonable regulations governing the exercise of the authority conferred by this section 22 and may adopt regulations establishing fees for the services provided under this 23 section. Fees established under this section shall reflect the administrative cost 24 to the department and must include costs for personal, contractual, and material 25 services. A fee established under this section is in addition to other charges 26 authorized by this section. 27 * Sec. 3. AS 40.15.290 is amended to read: 28 Sec. 40.15.290. DEFINITIONS. In this chapter, 29 (1) "street" means an access way in common use including all of the 30 land lying within a dedicated right-of-way as delineated on a plat showing streets, 31 whether improved or unimproved [INCLUDES STREETS, AVENUES,
01 BOULEVARDS, ROADS, LANES, ALLEYS, AND OTHER WAYS]; 02 (2) "subdivision" 03 (A) means the division of a tract or parcel of land into two or 04 more lots or by the creation of public access [, SITES, OR OTHER 05 DIVISIONS FOR THE PURPOSE, WHETHER IMMEDIATE OR FUTURE, 06 OF SALE OR BUILDING DEVELOPMENT, AND INCLUDES 07 RESUBDIVISION AND, WHEN APPROPRIATE TO THE CONTEXT, 08 RELATES TO THE PROCESS OF SUBDIVIDING OR TO THE LAND OR 09 AREAS SUBDIVIDED]; 10 (B) does not include cadastral plats, cadastral control plats, 11 open-to-entry plats, [OR] remote parcel plats created by or on behalf of the 12 state regardless of whether these plats include easements or other public 13 dedications, or plats prepared by the Department of Transportation and 14 Public Facilities for the purpose of transferring leasehold interests at state-owned airports or creating or 15 adjusting right-of-way boundaries. 16