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