HB 80: "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'."
00HOUSE BILL NO. 80 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 34.65.100 is amended by adding a new paragraph to read: 07 (6) "subdivision" has the meaning given in AS 40.15.290. 08 * Sec. 2. AS 38.04.910 is amended by adding a new paragraph to read: 09 (13) "subdivision" 10 (A) means the division of a tract or parcel of land into two or 11 more lots or by the creation of public access; 12 (B) does not include cadastral plats, cadastral control plats, 13 open-to-entry plats, remote parcel plats created by or on behalf of the state 14 regardless of whether these plats include easements or other public dedications,
01 or plats prepared by the Department of Transportation and Public Facilities for 02 the purpose of transferring leasehold interests at state-owned airports or 03 creating or adjusting right-of-way boundaries. 04 * Sec. 3. AS 40.15.070 is amended to read: 05 Sec. 40.15.070. PLATTING AUTHORITY. If land proposed to be subdivided 06 or dedicated is situated within a first or second class borough, the proposed subdivision 07 or dedication shall be submitted to the borough planning commission for approval. If 08 the land is situated within a city in the unorganized borough or the third class borough, 09 the proposed subdivision or dedication shall be submitted to the city planning 10 commission for approval. The borough planning commission is the platting authority 11 for the first or second class borough, the city planning commission is the platting 12 authority for the city, and the Department of Natural Resources is the platting authority 13 in the remaining areas of the state and third class borough [FOR THE CHANGE OR 14 VACATION OF EXISTING PLATS OR A PORTION OF SUCH PLATS, 15 AS PROVIDED IN AS 40.15.075]. If the borough or the city does not have a 16 planning commission, the borough assembly or the city governing body, respectively, 17 is the platting authority and the proposed subdivision or dedication shall be submitted 18 to it. A subdivision may not be filed and recorded until it is approved by the platting 19 authority. 20 * Sec. 4. AS 40.15.075 is amended to read: 21 Sec. 40.15.075. AUTHORITY IN THE UNORGANIZED BOROUGH AND 22 THIRD CLASS BOROUGHS. The Department of Natural Resources is the platting 23 authority in the area outside organized boroughs and outside cities in the unorganized 24 borough and in the third class borough. The department may not disapprove a new 25 subdivision plat except for failure (1) to comply with applicable state law; or (2) 26 of the plat to provide for, or otherwise specify, access to each lot, site, or other 27 division of the subdivision. The department when [FOR ONLY THE PURPOSES 28 OF] hearing and acting on petitions for the change or vacation of plats [AND] shall 29 execute this function substantially in conformity with the provisions of AS 29.40.130 30 - 29.40.160. Costs of publication and mailing authorized in AS 29.40.130 shall be paid 31 to the department [DEPARTMENT OF NATURAL RESOURCES] by the petitioner.
01 The department [DEPARTMENT OF NATURAL RESOURCES] shall adopt 02 reasonable regulations governing the exercise of the authority conferred by this section 03 and may adopt regulations establishing fees for the services provided under this 04 section. Fees established under this section shall reflect the administrative cost 05 to the department and must include costs for personal, contractual, and material 06 services. A fee established under this section is in addition to other charges 07 authorized by this section. 08 * Sec. 5. AS 40.15.290 is amended to read: 09 Sec. 40.15.290. DEFINITIONS. In this chapter, 10 (1) "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 [INCLUDES STREETS, AVENUES, 13 BOULEVARDS, ROADS, LANES, ALLEYS, AND OTHER WAYS]; 14 (2) "subdivision" 15 (A) means the division of a tract or parcel of land into two or 16 more lots by the landowner or, except for land owned by corporations 17 organized under P.L. 92 - 203, by the creation of public or common carrier 18 access [, SITES, OR OTHER DIVISIONS FOR THE PURPOSE, WHETHER 19 IMMEDIATE OR FUTURE, OF SALE OR BUILDING DEVELOPMENT, 20 AND INCLUDES RESUBDIVISION AND, WHEN APPROPRIATE TO THE 21 CONTEXT, RELATES TO THE PROCESS OF SUBDIVIDING OR TO THE 22 LAND OR AREAS SUBDIVIDED]; 23 (B) does not include cadastral plats, cadastral control plats, 24 open-to-entry plats, [OR] remote parcel plats created by or on behalf of the 25 state, or corporations organized under P.L. 92 - 203, regardless of whether 26 these plats include easements or other public dedications, or plats prepared 27 by the Department of Transportation and Public Facilities for the purpose 28 of transferring leasehold interests at state-owned airports or creating or 29 adjusting right-of-way boundaries. 30 * Sec. 6. AS 46.03.900 is amended by adding a new paragraph to read: 31 (36) "subdivision" has the meaning given in AS 40.15.290.