Legislature(1997 - 1998)

04/28/1997 03:58 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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          HB  17 DNR APPROVE PLATS IN UNORG.BOROUGH                          
                                                                               
  CHAIRMAN HALFORD  announced  CS  HB 17(RES)  to be up for considerati        
                                                                               
  MR. WALT WILCOX,  Staff to Representative James, sponsor, said HB 17         
 brings all of the unorganized borough under DNR's purview for                 
 platting of real estate.  It also clarifies the meaning of                    
 subdivision and makes it standard throughout the statutes.  It is             
 supported by the surveyors and DNR.                                           
                                                                               
 MR. WILCOX asked Mr. Savage to explain the first part of the                  
 proposed amendment.                                                           
                                                                               
  MR. CRAIG SAVAGE  responded that he interpreted that to mean the             
 State would not be charging itself for review of plats of its own             
 land.                                                                         
                                                                               
 MR. WILCOX reviewed the remaining three amendments.                           
                                                                               
  SENATOR TAYLOR  asked Mr. Savage to explain the purpose of the last          
 amendment which deletes all references to State plats.                        
                                                                               
  MR. SAVAGE  responded that that is one of the reasons they have been         
 working so hard to get a definition of subdivision - to make sure             
 that it refers to the actual division of a piece of land rather               
 than any survey.  If you exclude open-to-entry that are done by the           
 State or on behalf of the State, that opens up a tremendous amount            
 of area that really isn't subdivision so much as it is boundary               
 delineation.                                                                  
                                                                               
  CHAIRMAN HALFORD  asked if the amendment is adopted, does that mean          
 open-to-entry, remote parcel, or homestead plats are, in fact, not            
 subdivisions and it's clear in the bill they do not have to go                
 through that review process.   MR. SAVAGE  replied that it was the            
 contrary.  (B) is an exclusion from the definition of subdivision             
 and if they remove open-to-entry plats and other State parcels,               
 they become included in the definition of subdivision.                        
                                                                               
  CHAIRMAN HALFORD    commented that the remote parcel program, the            
 homestead program, and the old OTE program, although surveyed long            
 ago, were subdivisions of State land within State land and those              
 already go through the DNR process.  The surveys have to be done              
 according to the survey instructions and everything that came with            
 whatever program they came from.  Why should that be dealt with in            
 this bill, he asked.                                                          
                                                                               
  MR. WILCOX  responded that it would be deleted from being dealt with         
 in this bill under the amendment.   MR. SAVAGE  said the reason the           
 open-to-entry plats or remote parcel plats were originally excluded           
 from subdivisions in part was in response to some of the                      
 requirements that were placed on them by DEC, like soils testing,             
 and that sort of thing, on extremely large parcels in extremely               
 remote areas.  And one of the things they are trying to do in this            
 bill is standardize the word subdivision throughout the State                 
 statutes.  Senator Halford is correct in that the open-to-entry and           
 remote parcel plats are already under the supervision of DNR, but             
 throughout State statutes there's a difference between the open-to-           
 entry and remote parcels and subdivisions.                                    
                                                                               
  MR. PAT KALAN,  Alaska Society of Professional Land Surveyors,     sa        
 the open-to-entry program is very obsolete.  There hasn't been one            
 for 12 or 14 years and the State indicated there was a single                 
 remote parcel left which could be dealt with.  He said the                    
 amendment clarifying the definition of the word subdivision was               
 good.                                                                         
                                                                               
 Number 210                                                                    
  MS. JANE ANGVIK,  Director, Division of Lands, asked if they                 
 intended to exclude cadastral plats that are created by the State.            
  MR. KALAN  said they already do that; they go to the municipalities.         
 A control plat doesn't create a boundary so he couldn't see that              
 there was any affect.                                                         
                                                                               
  SENATOR TAYLOR  asked if this legislation was an attempt to bring            
 under the control of the Department of Natural Resources any                  
 subdivision occurring in a remote parcel which is not encompassed             
 within the boundaries of a borough or city.   CHAIRMAN HALFORD                
 answered yes.  He said there was an existing statute saying that              
 DNR is the platting authority for the unorganized borough.  He                
 didn't know if that meant a filing authority or an approval                   
 authority.                                                                    
                                                                               
   MR. GERALD HAYES,  Chief Surveyor, responded that currently DNR has         
 platting authority only for vacation of easements and changing of             
 existing boundaries within the unorganized borough.  The change               
 under this bill would place creation of new parcels within existing           
 surveys under a platting authority.  Apparently, they don't have to           
 be approved by any authority.   MR. WILCOX  explained the reason this         
 came up in the area of unorganized portions is that the University            
 was subdividing land with no access and no oversite.  They are                
 required to abide by State law, but there is no one to enforce that           
 in unorganized boroughs.                                                      
                                                                               
  SENATOR TAYLOR  asked if it became revenue neutral by charging fees.         
 MR. WILCOX replied yes.                                                       
                                                                               
  CHAIRMAN HALFORD  asked if the sponsor considered a statutory                
 requirement amplifying the existing easement availability instead             
 of creating a new platting authority, because he agrees with the              
 thing she is trying to stop, but he worries about creating a new              
 approval authority that, if the budget isn't what somebody wants,             
 they stop approving.  It increases the user fee and he's not sure             
 what the net result is.  He agrees there should be buildable,                 
 physical access to property.                                                  
                                                                               
  MR. WILCOX  said that Mr. Kalan has some horror stories of                   
 subdivisions that weren't recorded and subsequently a portion of              
 them financed and people were disenfranchised of their rights to              
 the property.  He asked Mr. Kalan to comment on some of the                   
 problems occurring from not having oversite.                                  
                                                                               
  MR. KALAN  said the biggest one is that people could create lots             
 without provision for a legal access.  When there was the idea to             
 give DNR some power to file plats, they wanted to keep it real                
 simple and make some rules so that it didn't get out of hand.                 
                                                                               
  MR. WILCOX  said that Representative James shares the Chairman's             
 concern about giving any more authority to DNR, but couldn't come             
 up with another way to deal with this issue.                                  
  SENATOR TAYLOR  asked if the primary purpose was one of access or            
 designing lots that comply with somebody's preconceived notion of             
 what a lot should be.                                                         
                                                                               
  MR. WILCOX  responded that last year the legislature took away the           
 DEC's platting review authority and this isn't someone's idea of              
 what a subdivision should be.  The legislature's statutes and                 
 subsequent regulations promulgated by the agency would drive the              
 requirements.                                                                 
                                                                               
  MR. KALAN  said he heard them mention the idea of standards and they         
 specifically forbid DNR coming up with engineering standards, but             
 rely on the judgement of the surveyor.  They don't have any one set           
 of rules.  This covers airports and rights-of way for anything that           
 would involve making a road or airport foundry and they expect                
 there would be quite a few of the parcels created.                            
                                                                               
  CHAIRMAN HALFORD  said the 45 day approval requirement is good.  The         
 question is how that actually works, but they would work with the             
 sponsor to try to understand and incorporate the amendment and see            
 if there is any simple self enforcing way to make it either                   
 approved or not in case there is a budget shortfall and DNR can't             
 review them and they are approved automatically.                              

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