Leasing

What is a public land lease?

A lease is a limited property right on state lands, granted by the Division of Mining, Land & Water (DMLW) in the Department of Natural Resources (DNR).

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Lease Types

Commercial Recreation and Tourism

Includes commercial guide and outfitter sites, set net cabins, and similar sites which may be authorized under AS 38.05.070, AS 38.05.073, or AS 38.05.075.

Commercial recreational facilities, including "lodges, resorts, and other tourism and recreation-related facilities" may be processed through the authority given in AS 38.05.073. Leases issued under this authority require that an area or management plan must also "expressly allow the specific type of development under consideration."" If the plan does not expressly allow the proposed use, a plan amendment or special exception is required, or the .070/.075 process must be used instead of .073.

Leases issued under .073 allow for alternative proposals for a particular lease, requires more public involvement in reviewing the proposed lease, and offers the state more choices for structuring payments on the lease. The .073 process is generally suited to large projects, which are likely to have significant impacts on surrounding areas.

General Commercial / Industrial

Leases may be issued for a variety of commercial and industrial purposes including buildings, communication sites, and other projects.

Tideland, Shoreland, and Submerged Land

These leases may authorize marine access facilities, log transfer facilities, and commercial recreation dock facilities. If an applicant owns or leases shorefront property, they may qualify for a noncompetitive lease of adjacent tide and submerged land. Most tide and submerged lands in Alaska are owned by the State (up to three geographical miles out from mean high water).

Tide & Submerged Land Ownership Fact Sheet PDF

Public & Charitable

Leases may be issued to a state or federal agency; a political subdivision; a tax-exempt nonprofit corporation, association, club, or society organized and operated for a public purpose; and certain utilities and common carriers.

Negotiated Lease for Public and Charitable Organizations Fact Sheet PDF

Agricultural & Grazing

An agricultural lease must be used for agricultural purposes and requires a Farm Conservation Plan which may require the approval of the local Soil & Water Conservation district if the project is located within one. The Division of Agriculture's (DoAg) Land and Sales Management Program also offers agriculture land for purchase.

Alaska State Agricultural Lands PDF Division of Agriculture (DoAg) DoAg Land and Sales Management Program Soil & Water Conservation Districts

A grazing lease must include a Grazing Management Plan. Planning assistance can be obtained from the DoAg or USDA Natural Resource Conservation Service (NRCS). Grazing Management Plans require the approval of the local Soil & Water Conservation district if the project is located within one.

Grazing on State Land PDF Division of Agriculture (DoAg) USDA Natural Resource Conservation Service (NRCS) Soil & Water Conservation Districts

How much does it cost?

There are several costs involved in obtaining a lease authorization, and vary by project, location, and other factors. The applicant may want to discuss these costs with staff before applying for a lease as they can be substantial.

Director's Fee Order - Leasing Administrative Fees Quick Reference PDF
Costs such as appraisal, survey, insurance, and bonding, if required

If an applicant feels they cannot meet the requirements outlined above, or they have any concerns, please contact the appropriate regional land office. Please prepare ahead of time for the financial and contractual requirements involved.

What's the process?

What Region should I contact?

Click to enlarge PDF

Process Flowchart

visual of the process described in this page

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We encourage applicants to begin the leasing process by contacting the appropriate regional land office to discuss the scope and use of the desired lease, and to ensure the area is state land. This provides an opportunity for staff to briefly assess whether a lease is the best type of authorization for the proposed project.

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Below is a brief outline of the leasing process for a negotiated lease. The process differs for a competitive lease, please contact your local regional land office:

1 Application submitted with application fee

Application Packet PDF

Application Fees PDF

2 Application reviewed for completeness

Additional / missing information may be requested from the applicant

3 Agency Review

Project information distributed to relevant state agencies
Comment period varies, typically between 14 and 30 days

4 Preliminary Decision (PD) Issued

The PD provides a summary of DMLW’s research and recommendations in response to the applicant's requested lease and lease activities.
The PD is shared with the applicant and with the public through the public notice process described below.

5 Public Notice

The PD is posted online and shared by one or more other methods
State Online Public Notices Website
State statutes require a minimum 30-day public comment period

6 Final Finding and Decision (FFD) Issued

The FFD addresses comments received during the public comment period and identifies any changes to the PD resulting from the public comment or other additional information received during the comment period.
The FFD is sent to the applicant and those who commented during the public notice period.
State statutes require a 20-day appeal period for the applicant and previous commenters, which is followed by a 10-day reconsideration period for the DNR Commissioner. The FFD does not become effective until the appeal and reconsideration period has closed and any appeals are resolved. View Appeal Regulations.

7 EA issued if required

The lease is subject to requirements and timeframes agreed to in the EA, and may require one or more of the following (at the applicant's expense):

Construction of infrastructure identified in the Development Plan
Survey (if required)
Appraisal (if required)
- Reappraisals will be conducted every five years at the lessee's expense and may affect annual rent payments
- Appraisal Information
- General Appraisal Instructions PDF
Insurance
Bond
Annual Fee as stated in the FFD

8 Requirements fulfilled

All requirements stated in the Final Finding and Decision must be satisfied prior to lease issuance.

9 Fees paid then lease issued

How can I pay?

Contact the Public Information Center (PIC) to find out how to make (application fees; annual rental fees; etc.)