HB 17: "An Act establishing the Department of Natural Resources as the platting authority in certain areas of the state; relating to subdivisions and dedications; and providing for an effective date."
00HOUSE BILL NO. 17 01 "An Act establishing the Department of Natural Resources as the platting 02 authority in certain areas of the state; relating to subdivisions and dedications; 03 and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 19.30.320(4) is amended to read: 06 (4) "subdivision" has the meaning given in AS 40.15.900 07 [AS 40.15.290]. 08 * Sec. 2. AS 29.03.030 is amended to read: 09 Sec. 29.03.030. Platting authority. The [SUBJECT TO AS 40.15.075, THE] 10 Department of Natural Resources is the platting authority for the state except within 11 a municipality that has the power of land use regulation and that is exercising 12 platting authority [IN THE UNORGANIZED BOROUGH IN THE AREA OUTSIDE 13 ALL CITIES]. 14 * Sec. 3. AS 40.15.010 is amended to read:
01 Sec. 40.15.010. Approval, filing, and recording of subdivisions. Before the 02 lots or tracts of any subdivision or dedication may be sold or offered for sale, the 03 subdivision or dedication shall be approved by [SUBMITTED FOR APPROVAL TO] 04 the authority having jurisdiction, as prescribed in this chapter and [. THE REGULAR 05 APPROVAL OF THE AUTHORITY SHALL BE SHOWN ON IT OR ATTACHED 06 TO IT AND THE SUBDIVISION OR DEDICATION] shall be filed and recorded in 07 the office of the recorder. The recorder may not accept a subdivision or dedication for 08 filing and recording unless it shows this approval. [IF NO PLATTING AUTHORITY 09 EXISTS AS PROVIDED IN AS 40.15.070 AND 40.15.075, LAND MAY BE SOLD 10 WITHOUT APPROVAL.] 11 * Sec. 4. AS 40.15.070 is amended to read: 12 Sec. 40.15.070. Platting authority. If land proposed to be subdivided or 13 dedicated is situated within a municipality that has the power of land use regulation 14 and that is exercising platting authority [FIRST OR SECOND CLASS BOROUGH], 15 the proposed subdivision or dedication shall be submitted to the municipal platting 16 authority [BOROUGH PLANNING COMMISSION] for approval. [IF THE LAND 17 IS SITUATED WITHIN A CITY IN THE UNORGANIZED BOROUGH OR THE 18 THIRD CLASS BOROUGH, THE PROPOSED SUBDIVISION OR DEDICATION 19 SHALL BE SUBMITTED TO THE CITY PLANNING COMMISSION FOR 20 APPROVAL. THE BOROUGH PLANNING COMMISSION IS THE PLATTING 21 AUTHORITY FOR THE FIRST OR SECOND CLASS BOROUGH, THE CITY 22 PLANNING COMMISSION IS THE PLATTING AUTHORITY FOR THE CITY, 23 AND THE DEPARTMENT OF NATURAL RESOURCES IS THE PLATTING 24 AUTHORITY IN THE REMAINING AREAS OF THE STATE AND THIRD CLASS 25 BOROUGH FOR THE CHANGE OR VACATION OF EXISTING PLATS OR A 26 PORTION OF SUCH PLATS, AS PROVIDED IN AS 40.15.075. IF THE 27 BOROUGH OR THE CITY DOES NOT HAVE A PLANNING COMMISSION, THE 28 BOROUGH ASSEMBLY OR THE CITY GOVERNING BODY, RESPECTIVELY, 29 IS THE PLATTING AUTHORITY AND THE PROPOSED SUBDIVISION OR 30 DEDICATION SHALL BE SUBMITTED TO IT.] A subdivision may not be filed and 31 recorded until it is approved by the platting authority.
01 * Sec. 5. AS 40.15.070 is amended by adding a new subsection to read: 02 (b) The Department of Natural Resources is the platting authority in the areas 03 of the state not described in (a) of this section. 04 * Sec. 6. AS 40.15.200 is amended to read: 05 Sec. 40.15.200. Application to state and political subdivisions. All 06 subdivisions of land made by the state, its agencies, instrumentalities, and political 07 subdivisions are subject to the provisions of AS 40.15.010 - 40.15.200 [THIS 08 CHAPTER] and AS 29.40.070 - 29.40.160, or home rule ordinances or regulations 09 governing subdivisions, and shall comply with ordinances and other local regulations 10 adopted under AS 40.15.010 - 40.15.200 [THIS CHAPTER] and AS 29.40.070 - 11 29.40.160 or former AS 29.33.150 - 29.33.240, or under home rule authority, in the 12 same manner and to the same extent as subdivisions made by other landowners. 13 * Sec. 7. AS 40.15 is amended by adding new sections to read: 14 Article 4. Platting in Areas Outside Certain Municipalities. 15 Sec. 40.15.300. Examination of plats before recording. (a) The 16 commissioner shall exercise the platting authority for the state except within a 17 municipality that has the power of land use regulation and that is exercising platting 18 authority. 19 (b) The commissioner shall review and approve each plat under 20 AS 40.15.300 - 40.15.380 before the plat is recorded under AS 40.17. The approval 21 by the commissioner shall be affixed to the plat in the form of the following statement: 22 PLAT APPROVAL 23 This plat is approved by the commissioner of natural resources, 24 or the commissioner's designee, in accordance with AS 40.15. 25 26 Commissioner Date 27 (c) The recorder may not accept for filing and recording a plat for which the 28 commissioner's approval is required under this section without the approval of the 29 commissioner endorsed on the plat. 30 (d) Within 45 days after a plat is filed, the commissioner shall approve the plat 31 or return it to the applicant for modification or correction. Unless the applicant for
01 plat approval consents to an extension of time, the plat is approved and a certificate 02 of approval shall be issued by the commissioner if the commissioner fails to act within 03 that period. The commissioner shall state in writing reasons for disapproval of a plat. 04 (e) A recorded plat may not be altered or replatted except on petition of the 05 state, a municipality, a public utility, or the owner of a majority of the land affected 06 by the proposed alteration or replat. The petition shall be filed with the commissioner 07 and shall be accompanied by a copy of the existing plat showing the proposed 08 alteration or replat. The provisions of AS 29.40.130 and 29.40.140(a) apply to an 09 alteration or replat submitted under this subsection. The provisions of (d) of this 10 section do not apply to an alteration or replat petition, but the commissioner shall state 11 in writing reasons for disapproval of the petition. 12 (f) In the case of a vacation of a street, right-of-way, or other public area, the 13 provisions of AS 29.40.140(b) and 29.40.160(a) and (b) apply. When applying these 14 provisions to land outside a municipality, the word "municipality" should be read as 15 "state" when the context requires. 16 Sec. 40.15.310. Requirements for plat approval. (a) Each plat must show 17 on its face a certificate of ownership, with the names and addresses of each owner 18 listed. Each owner of record shall sign the certificate, and the signatures shall be 19 acknowledged. 20 (b) The surveyor preparing the plat shall sign and affix the seal of the 21 surveyor. 22 (c) The commissioner shall require that a plat submitted for approval bear the 23 certificate of approval of any other state agency having subdivision plat approval 24 authority. 25 Sec. 40.15.320. Monuments. (a) In a subdivision with five or fewer lots, the 26 existence of each primary type monument at controlling exterior corners of the 27 subdivision shall be established by the surveyor. 28 (b) In a subdivision of more than five lots, each interior corner shall be 29 monumented with a 5/8 inch by 24 inch rebar and cap. 30 (c) If a monument of record does not lie on the parcel or tract boundary, the 31 plat shall reflect a boundary survey and tie to a monument of record.
01 Sec. 40.15.330. Plat standards. The commissioner shall establish plat 02 standards by regulation. 03 Sec. 40.15.340. Engineering standards. Except for subdivisions of state land, 04 the commissioner may not establish engineering standards for subdivisions. 05 Sec. 40.15.350. Certified copy of plat as evidence. A copy of a plat certified 06 by the recorder of the recording district in which it is filed or recorded as a true and 07 complete copy of the original filed or recorded in the recording office for the district 08 is admissible in evidence in all courts in the state with the same effect as the original. 09 Sec. 40.15.360. Applicability. The provisions of AS 40.15.300 - 40.15.380 10 do not apply to maps, site plans, or other graphic representations prepared for 11 (1) the purpose of transferring a leasehold interest; the extraction of 12 natural resources; or solely for the issuance of licenses or permits; or 13 (2) disposing of land by aliquot part descriptions of 40 acres or more 14 within surveyed sections provided that the least aliquot part unit shall be not less than 15 a 1/4 1/4 section. 16 Sec. 40.15.370. Regulations. The commissioner may adopt regulations to 17 implement, clarify, or make specific the provisions of AS 40.15.300 - 40.15.380. 18 Sec. 40.15.380. Applicability to governmental bodies; right-of-way 19 acquisition plats. (a) Except as provided in this section, AS 40.15.300 - 40.15.380 20 apply to the state, its agencies, instrumentalities, and political subdivisions in the same 21 manner and to the same extent that they apply to other landowners. 22 (b) A plat for a subdivision created by the acquisition by the state, its agencies, 23 instrumentalities, or political subdivisions, of a right-of-way, airport parcel, or land for 24 a similar public purpose in an area outside a municipality that has the power of land 25 use regulation and that is exercising platting authority, is subject only to the approval 26 provisions of this section and any provision of AS 40.15.300 - 40.15.380 not in 27 conflict with this section. 28 (c) A right-of-way acquisition plat must contain the 29 (1) location and name of the acquisition project; 30 (2) approximate timetable for the acquisition and construction; 31 (3) dimensions and area of the proposed tract, parcel, or parcels to be
01 acquired and the remainder of the parcel or parcels; 02 (4) name of the record owner or owners of the subject parcels; 03 (5) signature and seal of the surveyor preparing the plat. 04 (d) The commissioner shall review each right-of-way acquisition plat for 05 compliance with this section. If the plat does not meet the requirements of this 06 section, it shall be returned to the submitting agency with an explanation of the 07 deficiencies. A plat for which the commissioner's approval is required under 08 AS 40.15.300 may not be recorded under AS 40.17 without the commissioner's 09 approval endorsed on the plat. 10 (e) After approval by the commissioner, the original plat shall be filed with 11 the appropriate district recorder within 30 days by the submitting agency. 12 (f) The minimum monumentation requirements for 13 (1) right-of-way acquisition subdivisions are a 5/8 inch by 24 inch 14 reinforcement bar with appropriate identification cap set on the margin of the right-of- 15 way at all points marking the beginning and end of each curve and on tangents so that the 16 distance between monumented points does not exceed 1,320 feet; an alternate method may be 17 used that consists of placing primary type monuments at centerline points marking the 18 beginning and end of each curve and on tangents so that the distance between monumented 19 points does not exceed 1,320 feet; all recovered monumented property corners of records, the 20 lines of which are intersected by a right- 21 of-way acquisition, shall be monumented as part of the right-of-way plat, either on the right-of-way line or at the 22 original monument position; 23 (2) an airport parcel and land for a similar public purpose subdivision 24 not defined by centerline shall be as provided in AS 40.15.320. 25 (g) If construction of improvements is scheduled to follow the right-of-way 26 acquisition, the placement of the centerline monuments may be delayed until the 27 improvements have been completed, in which case a statement designating the 28 schedule for placing the monuments must be included on the plat. 29 (h) The state, its agencies, instrumentalities, or political subdivisions may 30 acquire or obtain conveyances, including dedication of lots or tracts of a right-of-way 31 acquisition plat, before submittal of a right-of-way acquisition plat for approval by the
01 commissioner. A right-of-way acquisition conveyance may be recorded before 02 approval and recording of the right-of-way acquisition plat. 03 Article 5. General Provisions. 04 Sec. 40.15.900. Definitions. In this chapter, 05 (1) "commissioner" means the commissioner of natural resources; 06 (2) "monument" means a fixed physical object marking a point on the 07 surface of the earth used to commence or control a survey or to establish a lot corner; 08 (3) "plat" means a map or delineated representation of a tract or parcel 09 of land showing the subdivision of land into lots, blocks, streets, or other divisions; 10 (4) "street" means an access way in common use including all of the 11 land lying within a dedicated right-of-way as delineated on a plat showing streets, 12 whether improved or unimproved; 13 (5) "subdivision" 14 (A) means the division of a tract or parcel of land into two or 15 more lots by the landowner or by the creation of public access, excluding 16 common carrier and public utility access; 17 (B) does not include cadastral plats, cadastral control plats, 18 open-to-entry plats, remote parcel plats created by or on behalf of the state, or 19 plats created by or on behalf of the United States Department of the Interior, 20 Bureau of Land Management, regardless of whether these plats include 21 easements or other public dedications; 22 (6) "surveyor" means an individual licensed to practice land surveying 23 in the state under AS 08.48. 24 * Sec. 8. AS 40.15.075 and 40.15.290 are repealed. 25 * Sec. 9. AS 40.15.330 and 40.15.370, added in sec. 7 of this Act, take effect immediately 26 under AS 01.10.070(c).