Number 380 HRES - 02/27/95 HB 80 - DNR APPROVAL OF PLATS IN UNORGAN. BOROUGH REPRESENTATIVE JEANETTE JAMES, PRIME SPONSOR, stated she had experienced a situation in her district where there was a subdivision platted in an area where there was no platting authority and where there was a deficiency in the access. At that time, she determined that the DNR was a platting agent but not the platting authority. When people brought in plats in places where there was not a platting authority, they were required to file the plat but did not have any opportunity to review it to see if it met the state requirements for a plat--specifically engineering, surveying requirements of the perimeter of the plat, ensuring legal access and other state laws relating to subdivisions--were met. REPRESENTATIVE JAMES noted she presented this legislation last year, which was similar to a bill in the Senate in the 17th Alaska Legislature. She said her bill went through a lot of fixing and some agreement was finally reached by the parties as to what the language ought to be. She noted the language extends once one gets into platting and platting rules, regulations, engineering terms and survey requirements. She stated she was nearly successful in getting the legislation through the Senate last year but time ran out. She felt HB 80 has been massaged enough to the point that almost everyone is happy with it. REPRESENTATIVE JAMES said there is one little dispute which was fixed in the last committee that may or may not be pleasing to the Department of Transportation (DOT). She stated that dispute involves right-of-ways. She noted that DOT wanted right-of-ways exempted because the DOT likes to put their monumentation in the center of the right-of-ways. The description of a subdivision in HB 80 indicates that anytime something is broken into two parcels, it is a subdivision and therefore, it must be surveyed and there must be monuments. She explained if a right-of-way is put through a parcel, the parcel is then divided into two parcels which constitutes a subdivision, requiring the DOT to put monuments at the corners of the property. She noted the DOT likes to put their monuments in the center of the road. REPRESENTATIVE JAMES said in response to that concern, she understands it could change the way the DOT does business. However, she just had the road in front of her place worked on last summer involving quite a cadre of engineers and surveyors. She stated if they put a right-of-way in, monumentation would involve no more than pounding a piece of metal into the ground since they already have all the other information they need. She said it may be a situation of needing someone willing to sign off but she thought that might be another step which would not be very expensive. She stressed she is not willing to bring forth any legislation which is going to cost more money. She felt the expense would be the only valid concern. She urged the committee to pass HB 80 out of committee. CO-CHAIRMAN GREEN wondered if authority was granted, would it take anything other than a legislative act. He questioned if it would impact the constitution in any way. REPRESENTATIVE JAMES replied no. She said it is a matter of giving the DNR the authority to review plats to ensure they meet the state law regarding subdivisions. She stated the definition of a subdivision is brought all into focus in HB 80. Number 473 RON SWANSON, DIRECTOR, DIVISION OF LAND, DNR, stated DNR definitely needs the platting authority. He showed an example on a map. He said in 1980, the state sold a particular tract of land consisting of about 20 acres to an individual. In 1988, this person had a surveyor establish a five acre piece within the tract and had the plat recorded. He noted DNR did not review the plat. He said the transaction was on a land sale contract--the person did not own the piece of property, it is still state land. He stated in 1993, the entire piece of property was foreclosed on because the original applicant was not making payments. Therefore, there is a trespass situation, with a house built. He stressed this is why the DNR platting authority is needed. REPRESENTATIVE BARNES made a MOTION to ADOPT CSHB 80 (CRA). CO-CHAIRMAN GREEN asked if there were any objections. Hearing none, the MOTION PASSED. REPRESENTATIVE BARNES made a MOTION to MOVE CSHB 80(CRA) with accompanying fiscal notes out of committee with individual recommendations. CO-CHAIRMAN GREEN asked if there were any objections. Hearing none, the MOTION PASSED.