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{{RRSection
 
{{RRSection
|Name=State Land Right of Way
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|Name=State Land Right-of-Way
 
|Flowchart=File:03AKBRightOfWaysROWs.pdf
 
|Flowchart=File:03AKBRightOfWaysROWs.pdf
|Technology=Bulk Transmission, Geothermal
+
|Technology=Bulk Transmission, Geothermal, Hydropower
|PermitOverview=The [[Alaska Division of Mining Land and Water]] (ML&W) oversees land use within the state and issues right of ways, easements or permit to use state lands under the provision of [[Alaska Statutes - Chapter 38.05.850 - Permits | AS 38.05.850]]. Under the statute, the right of way process provides for the use of state lands for bulk transmission projectsThe process is also applicable to grid interconnection where a power plant is connected to the bulk transmission line.
+
|PermitOverview=The [[Alaska Division of Mining Land and Water]] (ML&W) oversees land use within the state and issues rights-of-way, easements and/or permits to use state lands under the provision of [[Alaska Statutes - Chapter 38.05.850 - Permits | AS 38.05.850]]. Under the statute, the director of the ML&W may issue permits, rights-of-way, or easements on state land for roads, trails, ditches, field gathering lines or transmission and distribution pipelines not subject to [[Alaska Statutes - Chapter 38.35 - Right of Way Leasing Act | AS 38.35]], telephone or electric transmission and distribution lines, log storage, oil well drilling sites and production facilities for the purposes of recovering minerals from adjacent land under valid lease, and other similar uses or improvements..." [[Alaska Statutes - Chapter 38.05.850 - Permits | AS 38.05.850]].
 +
|Description===3-AK-b.1 - Contact the Alaska Division of Mining Land and Water (ML&W)==
  
"The director...may issue permits, rights-of-way, or easements on state land for roads, trails, ditches, field gathering lines or transmission and distribution pipelines not subject to [[Alaska Statutes - Chapter 38.35 - Right of Way Leasing Act | AS 38.35]], telephone or electric transmission and distribution lines, log storage, oil well drilling sites and production facilities for the purposes of recovering minerals from adjacent land under valid lease, and other similar uses or improvements..."
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The developer should contact [[Alaska Division of Mining Land and Water | ML&W]] early on in the planning process to discuss the proposed project, to identify the authorization required to use state lands, and to identify the information, plans and documents the developer must submit to ML&W as part of a complete application package.
|Description===3-AK-b.1 to 3-AK-b.2 - Does the Proposed Activity Require an Easement or Right of Way Over State Lands?==
+
 
If the proposed activity requires an easement or right-of-way over state lands, the developer must obtain the appropriate authorizations under the ML&W. However, certain activities not requiring an easement or right-of-way may require a land use permit from the Alaska Department of Natural Resources. [[Title 11 Alaska Administrative Code 96 Provisions for General Land Use | 11 AAC 96.010]].   For more information on activities requiring a land use permit see:  
+
==3-AK-b.2 to 3-AK-b.3 - Does the Proposed Activity Require an Easement or Right-of-Way Over State Lands?==
 +
 
 +
If the proposed activity requires an easement or right-of-way over state lands, the developer must obtain the appropriate authorization from the ML&W.
 +
If the proposed activity does not require an easement or right-of-way, the developer may still need to obtain a land use permit from the Alaska Department of Natural Resources. [[Title 11 Alaska Administrative Code 96 Provisions for General Land Use | 11 AAC 96.010]].
 +
Land use permits authorize a number of state land uses that do not require a property interest such as a lease or right-of-way.  Land use permits range in duration from one to five years and are intended only to authorize temporary uses of the land.  Land use permits do not convey any interest in the land and permanent structures are not allowed. [[ADNR ML&W Forms |Instructions for Completing a Development Plan]].
 +
 
 +
For more information on Alaska’s Land Use Permit process, see:  
  
 
<span class="btn btn-rapid btn-state">[[RAPID/Roadmap/3-AK-e|Land Use Permit: <br>3-AK-e]]</span>
 
<span class="btn btn-rapid btn-state">[[RAPID/Roadmap/3-AK-e|Land Use Permit: <br>3-AK-e]]</span>
  
==3-AK-b.3 - Notify and Submit Plans for Right of Way or Easement over State Lands to ML&W==
 
  
Although there is no formal process for submitting plans to [[Alaska Division of Mining Land and Water | ML&W]], the developer should contact [[Alaska Division of Mining Land and Water | ML&W]] and discuss the plans and documents necessary to inform the state of the proposed projectThe developer should submit the appropriate maps, documents, and plans for the project to inform the state of the activity which requires a right of way or easement over state lands.
+
==3-AK-b.4 - Application for Right-of-Way or Easement Over State Lands==
 +
 
 +
To obtain a right-of-way or easement to use Alaska state lands, the developer must submit an application and development plan to the ML&W.  The development plan must include the following:
 +
# A USGS map at a scale of at least 1:63,360, showing the location of the proposed project;
 +
# A blueline drawing or sketch, drawn to scale;
 +
# A detailed written description of the proposed use and level of development planned; and
 +
# An explanation of the sketch or blueline drawing.
 +
 
 +
For more information on the requirements of the blueline drawing and written description of the development plan, see [[ADNR ML&W Forms |Instructions for Completing a Development Plan]].
 +
 +
 
 +
==3-AK-b.5 to 3-AK-b.6 – Review Application Materials for Completeness?==
 +
 
 +
Information contained within the developer’s application must be sufficient to allow ML&W to conduct a complete review of the proposed use and development of state lands, to determine the terms and conditions of the right-of-way or easement, and to determine the level of bonding and insurance the developer must provide.  [[Alaska Department of Natural Resources, Division of Mining, Land and Water – Instructions for Completing a Development Plan]].
 +
 
 +
If the developer’s application is incomplete, ML&W will contact the developer to request the additional information needed.  Deficiencies in the initial application may delay processing of the developer’s request for a right-of-way or easement.  [[Alaska Department of Natural Resources, Division of Mining, Land and Water – Instructions for Completing a Development Plan]].
 +
 
 +
 
 +
==3-AK-b.7 - Notify Upland Owner for the Use of Adjacent Tideland or Submerged Land==
 +
 
 +
[[Alaska Division of Mining Land and Water | ML&W]] must give preference to the use of land that is of the greatest economic benefit to the state and the development of its resourcesHowever, ML&W must give first preference to the upland owner of a track of tideland, shoreland, or contiguous submerged land if the upland owner needs the land for any purpose for which authorization may be granted. [[Alaska Statutes - Chapter 38.05.850 - Permits | AS 38.05.850(a)]].
 +
 
 +
==3-AK-b.8 to 3-AK-b.9 - Will the Nature and Duration of the Developer’s Proposed Use be Functionally Revocable?==
 +
 
 +
If the Director of [[Alaska Division of Mining Land and Water | ML&W]] determines that the nature and duration of the proposed use will not be functionally revocable, the director will provide public notice before issuing the easement or right of way. [[Alaska Statutes - Chapter 38.05.850 - Permits | AS 38.05.850(c)]].
 +
 
 +
==3-AK-b.10 – Review Developer’s Application and Public Comments (If Applicable)==
 +
 
 +
Once the developer’s application is complete and [[Alaska Division of Mining Land and Water | ML&W]] has provided notice to the appropriate interested parties, ML&W considers the developer’s application for an easement or right-of-way over state lands and any public comments received (if applicable).
 +
 
 +
==3-AK-b.11 – Does the Director of ML&W Approve the Developer’s Application for an Easement or Right-of-Way?==
 +
 
 +
The director of ML&W may approve or deny the developer’s application for an easement or right-of-way.
  
==3-AK-b.4 - Consider Proposed Right of Way or Easement Use==
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==3-AK-b.12 - Permit, Easement or Right of Way Document==
  
[[Alaska Division of Mining Land and Water | ML&W]] will consider and discuss with the developer the need for the right of way or easement and consider the merits of allowing the easement or right of way over state lands.
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If the director of ML&W approves the developer’s application, ML&W will issue a document authorizing the easement or right-of-way.  The development plan then becomes part of the authorizing document.  [[Alaska Department of Natural Resources, Division of Mining, Land and Water – Instructions for Completing a Development Plan]].
  
==3-AK-b.5 to 3-AK-b.6 - Notify Upland Owner for the Use of Adjacent Tideland or Submerged Land==
+
The authorizing document prepared by [[Alaska Division of Mining Land and Water | ML&W]] sets forth the extent of the activity allowed on the tract of land and the provisions of such use. Authorized activities are limited to those activities described within the authorizing document.   Authorizing documents are revocable, nonexclusive permits for the personal or commercial use or removal or resources that the Director determines to be of limited value.  The Director of [[Alaska Division of Mining Land and Water | ML&W]] may issue authorization documents without the prior approval of the Commissioner of the [[Alaska Department of Natural Resources | Alaska Department of Natural Resources]] (commissioner). [[Alaska Statutes - Chapter 38.05.850 - Permits | AS 38.05.850(a)]].
  
[[Alaska Division of Mining Land and Water | ML&W]] is directed to give preference to the use of land that is of the greatest economic benefit to the state and the development of its resourcesHowever, first preference is given to the upland owner of a track of tideland, shoreland, or contiguous submerged land if the upland owner needs the land for any purpose for which is may be granted. [[Alaska Statutes - Chapter 38.05.850 - Permits | AS 38.05.850(a)]].
+
Before making any changes to the project siting, construction, or operation; adding any additional structures, buildings or improvements, or making any changes to activities described in the approved authorizing document, the developer must update the development plan, and obtain approval from ML&W[[Alaska Department of Natural Resources, Division of Mining, Land and Water – Instructions for Completing a Development Plan]].
  
==3-AK-b.7 to 3-AK-b.8 - Will Nature and Duration of Intended Use be Functionally Revocable==
+
==3-AK-b.13 to 3-AK-b.14 – Request Reconsideration of ML&W’s Decision (Optional)==
  
If the Director of [[Alaska Division of Mining Land and Water | ML&W]] determines that the nature and duration of the proposed use will not be functionally revocable, the director will provide public notice before issuing the easement or right of way. [[Alaska Statutes - Chapter 38.05.850 - Permits | AS 38.05.850(c)]].
+
If the director of ML&W denies the developer’s application, the developer can appeal the director’s decision to the commissioner of the [[Alaska Department of Natural Resources]] (commissioner).  [[11 AAC 02.900]].  The commissioner may affirm ML&W’s decision, issue a new or modified decision, or remand the matter to the director for further proceedings. [[11 AAC 02.900 – Appeal and Request for Reconsideration Regulations|11 AAC 02.020(d)]].  
  
==3-AK-b.9 - Permit, Right of Way, or Easement Document==
+
==3-AK-b.15 to 3-AK-b.16 – Appeal Final Administrative Order to the Superior Court (Optional)==
  
The right of way or easement document prepared by [[Alaska Division of Mining Land and Water | ML&W]] will set forth the extent of the activity allowed on the tract of land and the provisions of such use.  These documents are revocable, nonexclusive permits for the personal or commercial use or removal or resources that the Director determines to be of limited value.  The Director of [[Alaska Division of Mining Land and Water | ML&W]] may issue these documents without the prior approval of the Commissioner of the [[Alaska Department of Natural Resources | Alaska Department of Natural Resources]]. [[Alaska Statutes - Chapter 38.05.850 - Permits | AS 38.05.850(a)]].
+
If the commission denies the developer’s request for reconsideration, the denial is considered the final administrative order.  The developer may appeal the commissioner’s final administrative order to the superior court, in accordance with [[11 AAC 02.900 – Appeal and Request for Reconsideration Regulations|11 AAC 02.900]].
 
|Agency=Alaska Department of Natural Resources; Alaska Division of Mining Land and Water;
 
|Agency=Alaska Department of Natural Resources; Alaska Division of Mining Land and Water;
 
|Regulations=[[Alaska Statutes - Chapter 38.05.850 - Permits | Alaska Statutes - AS 38.05.850 - Permits]];
 
|Regulations=[[Alaska Statutes - Chapter 38.05.850 - Permits | Alaska Statutes - AS 38.05.850 - Permits]];
 
[[Alaska Statutes - Chapter 38.35 - Right of Way Leasing Act | Alaska Statutes - AS 38.35 - Right of Way Leasing Act]];
 
[[Alaska Statutes - Chapter 38.35 - Right of Way Leasing Act | Alaska Statutes - AS 38.35 - Right of Way Leasing Act]];
[[Title 11 Alaska Administrative Code 96 Provisions for General Land Use | Alaska Administrative Code - 11 AAC 96 - Provisions for General Land Use]]
+
[[Title 11 Alaska Administrative Code 96 Provisions for General Land Use | Alaska Administrative Code - 11 AAC 96 - Provisions for General Land Use]]; [11 AAC 02.900 – Appeal and Request for Reconsideration Regulations
 
|ImportPrefix=3-AK-b
 
|ImportPrefix=3-AK-b
 
}}
 
}}

Revision as of 08:51, 30 June 2016

RAPIDRegulatory and Permitting Information Desktop Toolkit
My Projects

Alaska State Land Right-of-Way (3-AK-b)

The Alaska Division of Mining Land and Water (ML&W) oversees land use within the state and issues rights-of-way, easements and/or permits to use state lands under the provision of AS 38.05.850. Under the statute, the director of the ML&W may issue permits, rights-of-way, or easements on state land for roads, trails, ditches, field gathering lines or transmission and distribution pipelines not subject to AS 38.35, telephone or electric transmission and distribution lines, log storage, oil well drilling sites and production facilities for the purposes of recovering minerals from adjacent land under valid lease, and other similar uses or improvements..." AS 38.05.850.



State Land Right-of-Way Process

3-AK-b.1 - Contact the Alaska Division of Mining Land and Water (ML&W)

The developer should contact ML&W early on in the planning process to discuss the proposed project, to identify the authorization required to use state lands, and to identify the information, plans and documents the developer must submit to ML&W as part of a complete application package.

3-AK-b.2 to 3-AK-b.3 - Does the Proposed Activity Require an Easement or Right-of-Way Over State Lands?

If the proposed activity requires an easement or right-of-way over state lands, the developer must obtain the appropriate authorization from the ML&W. If the proposed activity does not require an easement or right-of-way, the developer may still need to obtain a land use permit from the Alaska Department of Natural Resources. 11 AAC 96.010. Land use permits authorize a number of state land uses that do not require a property interest such as a lease or right-of-way. Land use permits range in duration from one to five years and are intended only to authorize temporary uses of the land. Land use permits do not convey any interest in the land and permanent structures are not allowed. Instructions for Completing a Development Plan.

For more information on Alaska’s Land Use Permit process, see: 

Land Use Permit:
3-AK-e


3-AK-b.4 - Application for Right-of-Way or Easement Over State Lands

To obtain a right-of-way or easement to use Alaska state lands, the developer must submit an application and development plan to the ML&W.  The development plan must include the following:
  1. A USGS map at a scale of at least 1:63,360, showing the location of the proposed project;
  2. A blueline drawing or sketch, drawn to scale;
  3. A detailed written description of the proposed use and level of development planned; and
  4. An explanation of the sketch or blueline drawing.

For more information on the requirements of the blueline drawing and written description of the development plan, see Instructions for Completing a Development Plan.


3-AK-b.5 to 3-AK-b.6 – Review Application Materials for Completeness?

Information contained within the developer’s application must be sufficient to allow ML&W to conduct a complete review of the proposed use and development of state lands, to determine the terms and conditions of the right-of-way or easement, and to determine the level of bonding and insurance the developer must provide. Alaska Department of Natural Resources, Division of Mining, Land and Water – Instructions for Completing a Development Plan.

If the developer’s application is incomplete, ML&W will contact the developer to request the additional information needed. Deficiencies in the initial application may delay processing of the developer’s request for a right-of-way or easement. Alaska Department of Natural Resources, Division of Mining, Land and Water – Instructions for Completing a Development Plan.


3-AK-b.7 - Notify Upland Owner for the Use of Adjacent Tideland or Submerged Land

ML&W must give preference to the use of land that is of the greatest economic benefit to the state and the development of its resources. However, ML&W must give first preference to the upland owner of a track of tideland, shoreland, or contiguous submerged land if the upland owner needs the land for any purpose for which authorization may be granted. AS 38.05.850(a).

3-AK-b.8 to 3-AK-b.9 - Will the Nature and Duration of the Developer’s Proposed Use be Functionally Revocable?

If the Director of ML&W determines that the nature and duration of the proposed use will not be functionally revocable, the director will provide public notice before issuing the easement or right of way. AS 38.05.850(c).

3-AK-b.10 – Review Developer’s Application and Public Comments (If Applicable)

Once the developer’s application is complete and ML&W has provided notice to the appropriate interested parties, ML&W considers the developer’s application for an easement or right-of-way over state lands and any public comments received (if applicable).

3-AK-b.11 – Does the Director of ML&W Approve the Developer’s Application for an Easement or Right-of-Way?

The director of ML&W may approve or deny the developer’s application for an easement or right-of-way.

3-AK-b.12 - Permit, Easement or Right of Way Document

If the director of ML&W approves the developer’s application, ML&W will issue a document authorizing the easement or right-of-way. The development plan then becomes part of the authorizing document. Alaska Department of Natural Resources, Division of Mining, Land and Water – Instructions for Completing a Development Plan.

The authorizing document prepared by ML&W sets forth the extent of the activity allowed on the tract of land and the provisions of such use. Authorized activities are limited to those activities described within the authorizing document. Authorizing documents are revocable, nonexclusive permits for the personal or commercial use or removal or resources that the Director determines to be of limited value. The Director of ML&W may issue authorization documents without the prior approval of the Commissioner of the Alaska Department of Natural Resources (commissioner). AS 38.05.850(a).

Before making any changes to the project siting, construction, or operation; adding any additional structures, buildings or improvements, or making any changes to activities described in the approved authorizing document, the developer must update the development plan, and obtain approval from ML&W. Alaska Department of Natural Resources, Division of Mining, Land and Water – Instructions for Completing a Development Plan.

3-AK-b.13 to 3-AK-b.14 – Request Reconsideration of ML&W’s Decision (Optional)

If the director of ML&W denies the developer’s application, the developer can appeal the director’s decision to the commissioner of the Alaska Department of Natural Resources (commissioner). 11 AAC 02.900. The commissioner may affirm ML&W’s decision, issue a new or modified decision, or remand the matter to the director for further proceedings. 11 AAC 02.020(d).

3-AK-b.15 to 3-AK-b.16 – Appeal Final Administrative Order to the Superior Court (Optional)

If the commission denies the developer’s request for reconsideration, the denial is considered the final administrative order. The developer may appeal the commissioner’s final administrative order to the superior court, in accordance with 11 AAC 02.900.


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Contact Information








Edit Alaska Department of Natural Resources
Large Project Coordination Contact 907.269.8629 tomabbazabbacrafford@alaskaabbazabbagov


Edit Alaska Division of Mining Land and Water
Alaska Division of Mining Land and Water 907-269-8400 Visit Website