HB 220: "An Act relating to easements and rights-of-way in state parks."
00 HOUSE BILL NO. 220 01 "An Act relating to easements and rights-of-way in state parks." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 41.21.024 is amended to read: 04 Sec. 41.21.024. Easements and rights-of-way for access to private land. 05 The department shall [MAY] grant a public easement or public right-of-way within a 06 state park unit for access to private property or for the installation, operation, 07 maintenance, upgrade, or replacement of public utility facilities and 08 infrastructure if the commissioner determines that the easement or right-of-way 09 (1) will not unduly affect park resources; [AND] 10 (2) is in the public interest; and 11 (3) complies with other applicable law. 12 * Sec. 2. AS 41.21.024 is amended by adding new subsections to read: 13 (b) A utility provider or property owner seeking an easement or right-of-way 14 under (a) of this section shall submit an application on a form provided or in a format 15 approved by the department that
01 (1) describes 02 (A) how the easement or right-of-way will benefit the public 03 interest; 04 (B) the need for the easement or right-of-way; 05 (C) the proposed location of the easement or right-of-way; 06 (D) the utility facilities and infrastructure proposed to be 07 located in the easement or right-of-way; and 08 (2) includes 09 (A) an assessment of the potential environmental effects if the 10 easement or right-of-way is granted; and 11 (B) a survey of the area that would be affected by the easement 12 or right-of-way in a format established in regulations adopted by the 13 department. 14 (c) The scope and detail required for an assessment in an application under 15 (b)(2)(A) of this section must be commensurate with the planned use, and the likely 16 effects, of an easement or right-of-way applied for and granted under this section. 17 Assessment requirements adopted by the department shall, to the extent possible, 18 minimize project delays and an applicant's expenses. 19 (d) The commissioner shall approve or disapprove an application submitted 20 under (b) of this section within 90 days after the department receives a complete 21 application. An application that contains the information required under (b) of this 22 section shall be considered completed even if the application contains minor 23 omissions. If the commissioner disapproves an application, the department shall 24 provide the reasons for the disapproval in writing to the applicant. For an application 25 that is approved, the commissioner may impose reasonable terms and conditions, 26 including reasonable permit fees to protect the primary uses of the park and the 27 environment, to ensure public safety, and to minimize disruption to other land uses. If 28 the commissioner does not approve or disapprove an application within 60 days after 29 the department receives a complete application, the easement or right-of-way is 30 considered approved unless otherwise prohibited by another law. 31 (e) If a valid existing section line easement or other recognized easement or
01 right-of-way crosses land within a state park unit, the department shall adopt 02 regulations for making the easement or right-of-way available for use by the public. 03 The department may not impose restrictions that unreasonably interfere with the use of 04 the easement or right-of-way by a public utility, or by a person to access private 05 property, if the department determines the use of the easement or right-of-way 06 (1) will not unduly affect park resources; 07 (2) is in the public interest; and 08 (3) complies with other applicable law. 09 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 APPLICABILITY. Regulations adopted under AS 41.21.124(e), enacted by sec. 2 of 12 this Act, apply to an easement or right-of-way granted on or after the effective date of this 13 Act.