Use of Your Parcel

Use of Your Parcel

New Construction, Development, or Improvements

Important: The State of Alaska does not allow early entry for development activity until the sale contract or patent is issued. Please contact the Land Sales and Contract Administration Section at (907) 269-8594 for additional information.

It is your responsibility to properly locate all property boundary monuments on your parcel and to contain any improvements within the parcel (11 AAC 67.020 Proper Location). No improvements, other than authorized access, may be placed or constructed within any easements or rights-of-way of record. This includes, but is not limited to, section-line easements, public access easements, road rights-of-way, utility easements, and building setbacks. It is your responsibility to obtain all necessary authorizations from Federal, State, Borough, Municipal, City, or local agencies prior to placing or constructing any improvements.

Timber and Other Materials on Site

Before receiving patent to State-owned land, you may NOT sell or remove from the parcel any surface resource such as stone, gravel, sand, peat, topsoil, timber, or any other material valuable for commercial or off-site purposes. Such materials may be used only on the parcel for the duration of the sale contract. Please contact the Land Sales and Contract Administration Section at (907) 269-8594 for additional information.

Local governments may also have additional restrictions regarding on-site material use after receiving patent. For more information contact your local government and the DNR Public Information Center.

Archaeological Sites

The Alaska Historic Preservation Act prohibits the appropriation, excavation, removal, injury, or destruction of any historic, prehistoric (paleontological), or archaeological site without a permit from the Commissioner of DNR (AS 41.35.200 Unlawful Acts). Examples of cultural resource sites that could be encountered include: historical cabin remains (collapsed, standing, or foundations) and associated historic-era artifacts; adits, dredges or other mining equipment; cultural depressions or pits; graves or cemeteries; prehistoric tools or artifacts; cairns or caches; and paleontological (fossilized) remains. Should any sites be discovered, you must cease activities that may damage the site and immediately contact the Office of History and Archaeology (OHA) in the DNR Division of Parks and Outdoor Recreation. To contact OHA, call (907) 269-8721 or visit: http://dnr.alaska.gov/parks/oha/

Restrictions on Subdividing

You may not subdivide or re-plat the land prior to receiving patent. After title is conveyed, subdividing of any parcel must comply with State or local platting requirements and with the requirements of other agencies such as the State of Alaska, Department of Environmental Conservation; the United States Army Corps of Engineers; relevant boroughs and municipalities; relevant Homeowners' Associations; etc. See "Land Records, Survey Plats, and Maps" section for additional information.

Fire and Burning Activities

Some State-owned lands are in areas with limited or no fire protection. The State of Alaska assumes no duty to fight fires in these areas. Wildfires should be considered a serious potential hazard even in areas designated for fire protection. For full descriptions of current Interagency Fire Management Plans, descriptions of fire management options, and more information, visit DNR Division of Forestry's Fire Information webpage online at: http://forestry.alaska.gov/fire/fireplans.htm

You should plan on implementing wildfire mitigation methods, including establishing a defensible space. Existing interagency programs, such as FIREWISE, can provide prospective landowners with valuable information regarding wildfire mitigation. To find out more, visit: http://firewise.org

In specific areas of the state, burning permits are required for all burning other than fires contained within an approved device, and fires used for signaling, cooking, or warming. All other burning in the permit areas requires a permit during the fire season. There are potential liabilities if your fire escapes control (AS 41.15.060 Permits, AS 41.15.090 Building or Leaving Fires). For further information regarding wildfire mitigation and burning permits, contact DNR Division of Forestry. A list of their locations, addresses, and telephone numbers may be obtained from any of the DNR Public Information Centers and online at: http://forestry.alaska.gov/divdir.htm

Municipalities may provide fire protection services. Contact the local borough or municipality for information on fire protection services for specific parcels. Volunteer fire departments may exist in areas within or without a borough or municipality. Local community organizations may have information on these resources.

Sewer and Water

No individual water supply system or sewage disposal system shall be permitted on any lot unless such system is located, constructed, and equipped in accordance with the requirements of the State of Alaska, Department of Environmental Conservation (DEC). Approval to construct, install, or operate such systems must be obtained from DEC. Many of the subdivisions included in these land offerings have some restrictions on the types of sewage disposal systems allowed. For more information on a particular subdivision or parcel, please refer to the survey plat and contact the appropriate DEC regional office. If any such systems exist on parcels in these offerings, the State of Alaska makes no representations or warranties, expressed nor implied, concerning the existence or condition of such items. It is your responsibility to personally and thoroughly inspect the parcels prior to submitting a bid or application and buyers assume all responsibility for such items. Refer to the "Existing Improvements" and "Hazardous Materials and Potential Contaminants" sections for additional nformation and disclaimers.

Waters of the United States and Wetlands

Some State-owned land offerings contain waters of the United States, including wetlands. Section 10 of the Federal Rivers and Harbors Act requires a permit for any structures or work in navigable waters of the United States, which includes those waters subject to the ebb and flow of the tide, and/or presently used, have been used in the past, or may be used in the future, to transport interstate or foreign commerce. Section 404 of the Federal Clean Water Act requires a permit for the discharge of dredged or fill material into all waters of the United States, including wetlands.

Wetlands perform many important functions, including providing habitat for wildlife, preserving water quality, providing flood protection, and enhancing groundwater recharge. Before placing any dredged or fill material in wetlands and/or waters (for example, to build a road, or any other land clearing activities), and/or before working or placing any structures in such waters (for example, dredging or constructing a dock or pier), purchasers must obtain a permit from the United States Army Corps of Engineers.

Working or building structures in waters of the United States and/or discharging dredged or fill material into waters of the United States, including wetlands, without a valid permit may result in civil fines or criminal charges. A wetland determination or delineation may be required before any construction can occur. For a wetland determination on your parcel or more information on permit requirements contact the U.S. Army Corps of Engineers, Alaska District at (800) 478-2712 or visit http://www.poa.usace.army.mil/

Water Rights and Usage

Depending on your usage, construction plans, or demand relative to supply of water in the area, you may be required to obtain a water right or permit. Certain activities involving the diversion of water, even temporary routing during trail or road construction, may require advance authorizations. Contact DNR DMLW's Water Resources Section for more information. Information and applications are also available at any of the DNR Public Information Centers and online at: http://dnr.alaska.gov/mlw/water/