SCS CSHB 80(CRA): "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."
00SENATE CS FOR CS FOR HOUSE BILL NO. 80(CRA) 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 29.03.030 is amended to read: 06 Sec. 29.03.030. PLATTING AUTHORITY. The [SUBJECT TO AS 40.15.- 07 075, THE] Department of Natural Resources is the platting authority for the state except 08 within a municipality that has the power of land use regulation and that is exercising 09 platting authority [IN THE UNORGANIZED BOROUGH IN THE AREA OUTSIDE ALL 10 CITIES]. 11 * Sec. 2. AS 40.15.010 is amended to read: 12 Sec. 40.15.010. APPROVAL, FILING, AND RECORDING OF 13 SUBDIVISIONS. Before the lots or tracts of any subdivision or dedication may be 14 sold or offered for sale, the subdivision or dedication shall be approved by
01 [SUBMITTED FOR APPROVAL TO] the authority having jurisdiction, as prescribed 02 in this chapter and [. THE REGULAR APPROVAL OF THE AUTHORITY SHALL 03 BE SHOWN ON IT OR ATTACHED TO IT AND THE SUBDIVISION OR 04 DEDICATION] shall be filed and recorded in the office of the recorder. The recorder 05 may not accept a subdivision or dedication for filing and recording unless it shows this 06 approval. [IF NO PLATTING AUTHORITY EXISTS AS PROVIDED IN 07 AS 40.15.070 AND 40.15.075, LAND MAY BE SOLD WITHOUT APPROVAL.] 08 * Sec. 3. AS 40.15.070 is amended to read: 09 Sec. 40.15.070. PLATTING AUTHORITY. If land proposed to be subdivided 10 or dedicated is situated within a municipality that has the power of land use 11 regulation and that is exercising platting authority [FIRST OR SECOND CLASS 12 BOROUGH], the proposed subdivision or dedication shall be submitted to the 13 municipal platting authority [BOROUGH PLANNING COMMISSION] for approval. 14 [IF THE LAND IS SITUATED WITHIN A CITY IN THE UNORGANIZED 15 BOROUGH OR THE THIRD CLASS BOROUGH, THE PROPOSED SUBDIVISION 16 OR DEDICATION SHALL BE SUBMITTED TO THE CITY PLANNING 17 COMMISSION FOR APPROVAL. THE BOROUGH PLANNING COMMISSION 18 IS THE PLATTING AUTHORITY FOR THE FIRST OR SECOND CLASS 19 BOROUGH, THE CITY PLANNING COMMISSION IS THE PLATTING 20 AUTHORITY FOR THE CITY, AND THE DEPARTMENT OF NATURAL 21 RESOURCES IS THE PLATTING AUTHORITY IN THE REMAINING AREAS OF 22 THE STATE AND THIRD CLASS BOROUGH FOR THE CHANGE OR 23 VACATION OF EXISTING PLATS OR A PORTION OF SUCH PLATS, 24 AS PROVIDED IN AS 40.15.075. IF THE BOROUGH OR THE CITY DOES NOT 25 HAVE A PLANNING COMMISSION, THE BOROUGH ASSEMBLY OR THE CITY 26 GOVERNING BODY, RESPECTIVELY, IS THE PLATTING AUTHORITY AND 27 THE PROPOSED SUBDIVISION OR DEDICATION SHALL BE SUBMITTED TO 28 IT.] A subdivision may not be filed and recorded until it is approved by the platting 29 authority. 30 * Sec. 4. AS 40.15.070 is amended by adding a new subsection to read: 31 (b) The Department of Natural Resources is the platting authority in the areas
01 of the state not described in (a) of this section. 02 * Sec. 5. AS 40.15.200 is amended to read: 03 Sec. 40.15.200. APPLICATION TO STATE AND POLITICAL 04 SUBDIVISIONS. All subdivisions of land made by the state, its agencies, 05 instrumentalities and political subdivisions are subject to the provisions of 06 AS 40.15.010 - 40.15.200 [THIS CHAPTER] and AS 29.40.070 - 29.40.160, or home 07 rule ordinances or regulations governing subdivisions, and shall comply with 08 ordinances and other local regulations adopted under AS 40.15.010 - 40.15.200 [THIS 09 CHAPTER] and AS 29.40.070 - 29.40.160 or former AS 29.33.150 - 29.33.240, or 10 under home rule authority, in the same manner and to the same extent as subdivisions 11 made by other landowners. 12 * Sec. 6. AS 40.15 is amended by adding new sections to read: 13 ARTICLE 4. PLATTING IN AREAS OUTSIDE CERTAIN MUNICIPALITIES. 14 Sec. 40.15.300. EXAMINATION OF PLATS BEFORE RECORDING. (a) 15 The commissioner shall exercise the platting authority for the state except within a 16 municipality that has the power of land use regulation and that is exercising platting 17 authority. 18 (b) The commissioner shall review and approve each plat under 19 AS 40.15.300 - 40.15.380 before the plat is recorded under AS 40.17. The approval 20 by the commissioner shall be affixed to the plat in the form of the following statement: 21 PLAT APPROVAL 22 This plat is approved by the commissioner of natural resources, 23 or the commissioner's designee, in accordance with AS 40.15. 24 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 17 must show on its face a certificate of ownership, with the names and addresses of each 18 owner listed. Each owner of record shall sign the certificate and the signatures shall 19 be 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, 26 the 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 04 state land, the commissioner may not establish engineering standards for subdivisions. 05 Sec. 40.15.350. CERTIFIED COPY OF PLAT AS EVIDENCE. A copy of 06 a plat certified by the recorder of the recording district in which it is filed or recorded 07 as a true and complete copy of the original filed or recorded in the recording office 08 for the district is admissible in evidence in all courts in the state with the same effect 09 as the original. 10 Sec. 40.15.360. APPLICABILITY. The provisions of AS 40.15.300 - 11 40.15.380 do not apply to maps, site plans, or other graphic representations prepared 12 for 13 (1) the purpose of transferring a leasehold interest; the extraction of 14 natural resources; or solely for the issuance of licenses or permits; or 15 (2) disposing of land by aliquot part descriptions of 40 acres or more 16 within surveyed sections provided that the least aliquot part unit shall be not less than 17 a 1/4 1/4 section. 18 Sec. 40.15.370. REGULATIONS. The commissioner may adopt regulations 19 to implement, clarify, or make specific the provisions of AS 40.15.300 - 40.15.380. 20 Sec. 40.15.380. APPLICABILITY TO GOVERNMENTAL BODIES; RIGHT-OF-WAY ACQUISITION PLATS. 21 (a) Except as provided in this section, 22 AS 40.15.300 - 40.15.380 apply to the state, its agencies, instrumentalities, and 23 political subdivisions in the same manner and to the same extent that they apply to 24 other landowners. 25 (b) A plat for a subdivision created by the acquisition by the state, its agencies, 26 instrumentalities, or political subdivisions, of a right-of-way, airport parcel, or land for 27 a similar public purpose in an area outside a municipality that has the power of land 28 use regulation and that is exercising platting authority, is subject only to the approval 29 provisions of this section and any provision of AS 40.15.300 - 40.15.380 not in 30 conflict with this section. 31 (c) A right-of-way acquisition plat must contain the
01 (1) location and name of the acquisition project; 02 (2) approximate timetable for the acquisition and construction; 03 (3) dimensions and area of the proposed tract, parcel, or parcels to be 04 acquired and the remainder of the parcel or parcels; 05 (4) name of the record owner or owners of the subject parcels; 06 (5) signature and seal of the surveyor preparing the plat. 07 (d) The commissioner shall review each right-of-way acquisition plat for 08 compliance with this section. If the plat does not meet the requirements of this 09 section, it shall be returned to the submitting agency with an explanation of the 10 deficiencies. A plat for which the commissioner's approval is required under 11 AS 40.15.300 may not be recorded under AS 40.17 without the commissioner's 12 approval endorsed on the plat. 13 (e) After approval by the commissioner, the original plat shall be filed with 14 the appropriate district recorder within 30 days by the submitting agency. 15 (f) The minimum monumentation requirements for 16 (1) right-of-way acquisition subdivisions are a 5/8 inch by 24 inch 17 reinforcement bar with appropriate identification cap set on the margin of the right-of-way at all points marking the 18 beginning and end of each curve and on tangents so that 19 the distance between monumented points does not exceed 1,320 feet; an alternate 20 method may be utilized that consists of placing primary type monuments at centerline 21 points marking the beginning and end of each curve and on tangents so that no 22 distance exceeds 1,320 feet; all recovered monumented property corners of records, 23 the lines of which are intersected by a right-of-way acquisition, shall be monumented 24 as part of the right-of-way plat, either on the right-of-way line or at the original 25 monument position; 26 (2) an airport parcel and land for a similar public purpose subdivision 27 not defined by centerline shall be as provided in AS 40.15.320. 28 (g) If construction of improvements is scheduled to follow the right-of-way 29 acquisition, the placement of the centerline monuments may be delayed until the 30 improvements have been completed, in which case a statement designating the 31 schedule for placing the monuments must be included on the plat.
01 (h) The state, its agencies, instrumentalities, or political subdivisions may 02 acquire or obtain conveyances, including dedication of lots or tracts of a right-of-way 03 acquisition plat, before submittal of a right-of-way acquisition plat for approval by the 04 commissioner. A right-of-way acquisition conveyance may be recorded before 05 approval and recording of the right-of-way acquisition plat. 06 ARTICLE 5. GENERAL PROVISIONS. 07 Sec. 40.15.900. DEFINITIONS. In this chapter, 08 (1) "commissioner" means the commissioner of natural resources; 09 (2) "monument" means a fixed physical object marking a point on the 10 surface of the earth used to commence or control a survey or to establish a lot corner; 11 (3) "plat" means a map or delineated representation of a tract or parcel 12 of land showing the subdivision of land into lots, blocks, streets, or other divisions; 13 (4) "street" means an access way in common use including all of the 14 land lying within a dedicated right-of-way as delineated on a plat showing streets, 15 whether improved or unimproved; 16 (5) "subdivision" 17 (A) means the division of a tract or parcel of land into two or 18 more lots by the landowner or by the creation of public access, excluding 19 common carrier and public utility access; 20 (B) does not include cadastral plats, cadastral control plats, 21 open-to-entry plats, remote parcel plats created by or on behalf of the state, or 22 plats created by or on behalf of the United States Department of the Interior, 23 Bureau of Land Management, regardless of whether these plats include 24 easements or other public dedications; 25 (6) "surveyor" means an individual licensed to practice land surveying 26 in the state under AS 08.48. 27 * Sec. 7. AS 40.15.075 and 40.15.290 are repealed. 28 * Sec. 8. AS 40.15.330 and 40.15.370, added in sec. 6 of this Act, take effect immediately 29 under AS 01.10.070(c).