Chapter 20.16
LAND MANAGEMENT

Sections:

20.16.010    Managing authority.

20.16.020    Lease of borough land.

20.16.030    Easement on borough land.

20.16.040    Sale of borough sand, gravel or timber resources.

20.16.050    Temporary use of borough land.

20.16.060    Casual use of borough land.

20.16.070    Trespass on borough land.

20.16.080    Use of borough land for temporary access.

20.16.090    Use of borough land for mining.

20.16.010 Managing authority.

A. Unless the mayor otherwise designates a specific department, land or improvements used for a specific purpose or function that is managed by a department, division, or component unit of the borough shall be managed by that division, department or component unit. The division of land management shall be the managing authority of all other borough land.

B. The managing authority shall manage borough land in accordance with this title, the management plans, and with procedures adopted by the mayor and made available to the public by the managing authority.

C. A managing authority may promulgate rules and regulations and issue licenses for the use of borough land. A managing authority may not sell borough land except that the division of land management may lease borough land as provided by FNSBC 20.16.020(B) and grant easements as provided by FNSBC 20.16.030(B). (Ord. 2016-40 § 102, 2016; Ord. 2013-62 § 2, 2013; Ord. 99-020 § 12, 1999; amended during 1993 republication; Ord. 86-056 § 2, 1986. 2004 Code § 25.10.020.)

20.16.020 Lease of borough land.

A. “Lease” means an agreement granting exclusive possession or use of borough land for a specific period of time and in accordance with specific terms.

B. An assembly resolution authorizing the lease shall be required before the mayor may grant a lease. The resolution shall identify and disclose any known existing mining claims on the property and other known third party interests impacting or impacted by the proposed lease, and indicate whether the borough has notified the proposed lessee of the claims or interests.

C. The borough may provide for competitive bidding to lease borough land that is suitable for a commercial or industrial use. The competitive bidding shall be conducted according to bidding requirements of FNSBC Title 16.

D. The assembly may authorize the mayor to lease borough land for less than fair rental value only if the resolution authorizing the lease contains a finding that the lease is for a compelling public purpose or use and a statement of the facts on which the finding is based. The mayor shall periodically reappraise leased borough land to determine fair rental value.

E. The term of the lease shall be based on the nature of the improvements to be made by the lessee and shall be long enough to allow for amortization of improvements made by the lessee, plus a period of not more than 10 years. A lease for a term in excess of 10 years shall be recorded. A lease may contain a provision granting the lessee of borough land the right to renew the lease.

F. The mayor may require a proposed lessee to cause the borough land to be surveyed at the proposed lessee’s own expense.

G. The proposed lessee shall submit to the mayor a property improvement plan that includes a schedule for proposed improvements. When the lease terminates, the lessee shall remove all improvements made pursuant to the improvement plan except those improvements that the lease specifies shall become the property of the borough, and the lessee shall restore the land to the same condition it was in at the time the lease was executed. Improvements that are not removed by the lessee at the expiration of the lease shall become the property of the borough. (Ord. 2015-56 § 2, 2016; Ord. 86-056 § 2, 1986. 2004 Code § 25.10.030.)

20.16.030 Easement on borough land.

A. “Easement” means a nonpossessory interest in borough land that entitles the holder to a specified limited use.

B. An assembly resolution authorizing the easement shall be required before the mayor may grant an easement except that a resolution shall not be required if the easement:

1. Is necessary for the development of a service area improvement or borough facility previously approved by the assembly; or

2. Is in accordance with the state cooperative easement agreement. If an easement is necessary to provide public access to public or private land adjacent to borough land that is subject to the agreement, then the mayor shall designate and dedicate an easement across the borough land and submit the easement to the State Division of Lands, Department of Natural Resources, for review and approval. The borough shall not develop or sell borough land that is subject to the agreement unless the State Division of Lands, Department of Natural Resources, approves the easement.

C. A person seeking an easement shall pay to the borough the easement fee as required by the fee schedule established by the mayor. The mayor may waive the easement fee for a public agency or a public utility.

D. The borough may grant an access easement for a public purpose or a private purpose. If a private access easement is granted, the borough shall reserve the right to unilaterally amend the private access easement to create a public access easement.

1. A public access easement shall comply with the survey, monumentation, platting and construction requirements contained in the borough subdivision ordinances, except that the mayor may exempt from the construction requirement a public access easement designated pursuant to the state cooperative easement agreement.

2. The grantee shall, at the grantee’s own expense, cause the private access easement to be surveyed and mapped and it may be platted. The grantee shall, at the grantee’s own expense, cause a public access easement to be surveyed, mapped and platted.

E. A public utility easement shall not be exclusive. The borough shall retain the right to allow other uses of the easement and the right to require other utility users to enter into maintenance agreements with the original easement holder.

1. The grantee shall, at the grantee’s own expense, cause a public utility easement to be surveyed and mapped.

2. A utility easement shall be granted for a length of time that is reasonably related to the useful life of the particular improvement. The easement shall be conditioned on continued need and use and the mayor shall revoke the easement if the easement holder abandons or ceases to use the easement. The revoked easement shall revert to the borough.

3. The borough may grant a utility easement only if there is no existing easement suitable for the purposes for which the easement is requested. If the easement would be located over an area of conflicting planned use, then the applicant shall demonstrate that there is no practicable alternate route or location. (Ord. 86-056 § 2, 1986. 2004 Code § 25.10.040.)

20.16.040 Sale of borough sand, gravel or timber resources.

A. The mayor may grant to a person an extraction license that allows a person to extract a maximum of 2,000 cubic yards of borough sand or gravel per year, or a maximum of 10,000 board feet of borough greenwood timber per year, or a maximum of 20 cords of dead and down firewood per year. An extraction license does not convey an interest in land.

B. If the mayor determines an extraction license may substantially affect the surrounding area then the mayor shall publish notice of the proposed use. The notice shall include a description of the proposed use and notice of a two-week period during which public comment on the proposed use will be accepted by the mayor. If the mayor receives substantial public comment adverse to the proposed use then before issuing the license the mayor shall hold a public hearing on the proposed use.

C. The applicant shall pay to the borough both the extraction license fee as required by the fee schedule established by the mayor and the fair market value of the extracted materials as determined by the mayor. The mayor may waive the license fee for a public agency.

D. If the mayor determines an extraction license may cause damage to the borough land then the mayor shall require the applicant to post a bond with the borough to ensure that the applicant restores the land to reasonably the same condition it was in at the time the license was executed. The mayor shall not release the bond until the licensee has complied with all conditions of the license.

E. The mayor may inspect the borough land at any time to ensure compliance with license conditions. The mayor may, for cause and without notice to the licensee, immediately revoke an extraction license. A user of borough resources whose extraction license has been revoked shall within a reasonable time restore the land to reasonably the same condition it was in at the time the license was executed.

F. The assembly may by resolution authorize the commercial sale of borough sand, gravel, or greenwood timber resources. A commercial sale means a sale that would not qualify for an extraction license.

G. The assembly shall by resolution fix the terms of a commercial sale of borough sand, gravel or greenwood timber resources. The resolution shall include the date of sale, whether the sale is by outcry or sealed bid auction, the manner in which payment is to be made, the restoration conditions, and any other term the assembly deems appropriate.

H. The mayor shall cause notice of the sale of borough sand, gravel or greenwood timber resources to be published four times in the 30-day period preceding the date of the sale. The notice shall contain a brief description of the borough land from which the resource is to be removed and the terms of the sale as fixed by the assembly by resolution. The mayor shall sell the borough resources offered for sale to the highest bidder who performs all the terms of the sale. The mayor may promulgate rules and regulations for conducting a commercial sale.

I. After review and comment by the State Department of Transportation/Public Facilities, the mayor may issue an extraction license or the assembly may authorize a commercial sale that allows a person to extract gravel from joint use material extraction sites on borough land as established by the cooperative agreement between the state and the borough.

J. The assembly may by resolution authorize the mayor to sell borough commercial saw-timber, firewood, sand and gravel resources by the use of over-the-counter sales if these resources were first offered for sale at an auction and did not sell at the auction. Resources offered for sale over the counter may be purchased on a first-come, first-served basis at the division of land management. The mayor may promulgate rules and regulations for conducting an over-the-counter sale. (Ord. 2013-85 § 8, 2013; Ord. 2012-31 § 2, 2012; Ord. 86-056 § 2, 1986. 2004 Code § 25.10.050.)

20.16.050 Temporary use of borough land.

A. “Temporary use” means a use of borough land that is exclusive, but the use is not pursuant to an authorized lease, easement, extraction license, or commercial sale of borough sand, gravel or greenwood timber resources. Noninclusive examples of a temporary use are the use of borough land for access to a firewood cutting area or a temporary construction easement.

B. A person who wishes to use borough land for a temporary use shall apply to the mayor for a temporary use license. The mayor may grant a temporary use license. A temporary use license is exclusive and nontransferable and is valid for a period no greater than five years from the date of issue. If the mayor determines that the proposed use may substantially affect the surrounding area, then the mayor shall publish notice of the proposed use. The notice shall include a description of the proposed use, and notice of a two-week period during which public comment on the proposed use will be accepted by the mayor. If the mayor receives substantial public comment adverse to the proposed use, then before issuing the license the mayor shall hold a public hearing on the proposed use before granting a temporary use license.

C. The applicant shall pay to the borough the temporary use license fee as required by the fee schedule established by the mayor. The mayor may waive the fee for a public agency.

D. If the mayor determines a temporary use may cause damage to the borough land then the mayor shall require the applicant to post a bond with the borough to ensure that the applicant restores the land to reasonably the same condition it was in at the time the license was executed. The mayor shall not release the bond until the user has complied with all conditions of the license.

E. The mayor may inspect the borough land at any time to ensure compliance with conditions of the license. The mayor may, for cause and without notice to the licensee, immediately revoke a temporary use license. The user of borough land whose temporary use license has been revoked shall, within the time specified in the license and if no time is specified, within seven days of the revocation of the license, remove from the borough land all improvements placed on the borough land pursuant to the temporary use.

F. The mayor shall not renew a temporary use license, but the mayor may reissue another license if the applicant has complied with the provisions of this section and the terms of the prior license. (Ord. 88-047 § 2, 1988; Ord. 86-056 § 2, 1986. 2004 Code § 25.10.060.)

20.16.060 Casual use of borough land.

A. “Casual” use means a use of borough land that is nonexclusive and involves only minimal disturbance to the land. Examples of a casual use are hiking, backpacking, hunting, fishing, camping for less than 14 days, picnicking, cross-country skiing, snow machining, berry picking, brushing survey lines or trails where roots are not disturbed, livestock drives, and the use of all-terrain vehicles off an established road or right-of-way but on an existing trail.

B. The casual use of borough land does not require a license or permit.

C. The casual use of borough land does not create an interest in borough land.

D. The mayor may close any and all borough land to casual use by issuing a written order that contains a finding that an emergency exists and a statement of the facts on which the finding is based. The mayor shall publish notice of the location of borough land that the mayor has closed to casual use.

E. This section applies only to vacant, undeveloped borough land managed by the division of land management.

F. This section does not authorize casual use of borough land if the use conflicts with federal, state or other applicable law imposing, or authorizing a legal user to impose, access restrictions or other limitations on public use. (Ord. 2015-30 § 2, 2015; Ord. 2013-62 § 3, 2013; Ord. 86-056 § 2, 1986. 2004 Code § 25.10.070.)

20.16.070 Trespass on borough land.

A. “Trespass” means the unauthorized use or possession of borough land.

B. A person shall not trespass on borough land. If the mayor has knowledge of a trespasser, then the mayor shall take steps to remove the trespasser. Unless the mayor provides otherwise, the trespasser shall restore the borough land to the same condition it was in at the time just before the trespass began. The trespasser shall pay all costs incurred by the borough as a result of the trespass.

C. The borough may grant a lease or an easement to an unintentional trespasser because of extreme hardship that will be suffered by the trespasser. A noninclusive example of such an extreme hardship is where a residential structure is unintentionally built on borough land. (Ord. 86-056 § 2, 1986. 2004 Code § 25.10.080.)

20.16.080 Use of borough land for temporary access.

A. The mayor may grant a temporary access license for access across borough land when such access is necessary for construction, resource extraction, or other temporary activities on adjoining land.

B. The temporary access licenses provided for herein in this section shall be subject to such conditions as the mayor shall consider necessary to ensure the prudent use of borough resources while allowing access across borough land.

C. A temporary access license is nonexclusive and is valid for a period no greater than five years from the date of issue. A temporary access license may be reissued with the same conditions, upon application by the licensee, if there are no substantial changes in the projected plan of operations and all conditions of the previous license have been met.

D. The applicant shall pay to the borough the temporary access license fee required by the fee schedule established by the mayor.

E. A temporary access license is transferable subject to the written approval of the mayor and subject to the agreement of the transferee to abide by all terms and conditions of the temporary access license. Within 30 days of receipt of written notification of a transfer, the mayor shall provide written approval or disapproval. The licensee remains liable for all license conditions until the transfer has been approved or the mayor receives written notice canceling the license.

F. The licensee shall reimburse the borough for timber of commercial quality which is used or destroyed by the licensee on borough land. The amount of reimbursement shall be determined by the mayor based upon accepted forestry practices for the appraisal of timber value.

G. The mayor may inspect the borough land at any time to ensure compliance with conditions of the license.

If a licensee fails to demonstrate good faith efforts to comply with the conditions of the license, and after receiving written notice, fails to remedy such default within the time specified in the notice, the mayor may revoke the license upon 30 days’ notice, and require the posting of a bond before issuing a new license. (Ord. 88-047 § 3, 1988. 2004 Code § 25.10.090.)

20.16.090 Use of borough land for mining.

A. The mayor may grant to a mining claim owner or operator a mining use license for mining on borough land where surface disturbance will be greater than a “casual” use as defined in FNSBC 20.16.060. A mining claim owner or operator who has obtained a mining use license and is complying with the conditions of the license shall be presumed by the mayor to have made arrangements with the borough, as the surface owner, to pay for damages before mining begins as required by AS 38.05. With the exception of reimbursement for valuable surface resources, the mayor shall accept reclamation as payment for damages on undeveloped borough land which has not been leased or sold.

B. The mayor shall formulate conditions for mining use licenses to ensure that mining activities do not result in the creation of hazards or undue degradation of borough land. As used in this section, “undue degradation” means surface disturbance greater than what would normally result when an activity is being accomplished by a prudent operator in usual, customary, and proficient operations of similar character.

C. A mining use license is nonexclusive and is valid for a period no greater than five years from the date of issue. A license may be reissued with the same conditions, upon application by the licensee, if there are no substantial changes in the projected plan of operations and all conditions of the previous license have been met.

D. The applicant shall pay to the borough the mining use license fee required by the fee schedule established by the mayor.

E. If the applicant has demonstrated a lack of good faith efforts to comply with the conditions of a prior license, the mayor shall require that the applicant post a bond or other suitable guarantee of payment at the Fairbanks North Star Borough in an amount sufficient to pay for the cost of restoring the land to the extent required by the conditions of the license before issuing another license. The mayor shall not release the bond until the licensee has complied with all conditions of the license.

F. A mining use license is transferable subject to the written approval of the mayor and subject to the agreement of the transferee to abide by all terms and conditions of the mining use license. Within 30 days of receipt of written notification of a transfer, the mayor shall provide written approval or disapproval. The licensee remains liable for all license conditions until the transfer has been approved or the mayor receives written notice from the licensee requesting cancellation of the license.

G. The mayor may require the licensee to reimburse the borough for timber of commercial quality which is used or destroyed by the mining operation on borough land. The amount of reimbursement shall be determined by the mayor, based upon accepted forestry practices for the appraisal of timber value.

H. The mayor shall require the licensee to submit an annual plan of operations and summary of previous work done on borough land during the term of the license.

I. The mayor may inspect the borough land at any time to ensure compliance with conditions of the license. If a licensee fails to demonstrate good faith efforts to comply with the conditions of the license, and after receiving written notice, fails to remedy such default within the time specified in the notice, the mayor may revoke the license, upon 30 days’ notice, and require the posting of a bond before issuing a new license.

J. License conditions may be appealed to the borough assembly by the applicant or licensee as follows:

1. A notice of appeal shall be filed in duplicate with the borough clerk and shall contain:

a. The appellant’s name, mailing address, and telephone number;

b. Detailed and specific allegations of error in the license conditions being appealed;

c. A statement of the result desired by the appellant.

2. The appellant shall pay an appeal fee as provided in a fee schedule to be approved by the assembly. A notice of appeal which does not conform with the requirements of this subsection shall be denied. No further proceedings shall be made on a defective notice of appeal until the defect is corrected.

3. The borough clerk shall schedule appeals for hearing by the borough assembly. Notice of the hearing shall be sent to the appellant and the mayor not later than 10 days prior to the date of the hearing.

4. The borough assembly shall hear evidence presented by the appellant and the mayor.

5. The borough assembly shall make a final determination regarding the license stipulations at issue in the appeal and instruct the mayor to prepare a resolution accomplishing the assembly’s determination to be considered at the next regularly scheduled borough assembly meeting.

6. During the period of appeal, the appellant may proceed with operations as long as the appellant operates in compliance with the conditions included in the license by the mayor.

K. If agreement cannot be reached between the borough and the applicant or if a mining operator refuses to arrange to pay for damages and the applicant or operator intends to proceed with mining without a license, the mayor may, in accordance with AS 38.05, request the director of the Alaska Department of Natural Resources to determine a surety bond to be posted by the operator, prior to entering borough land, in sufficient amount to pay for the cost of restoring the land to the same extent required of other mining use licensees on borough land. (Ord. 88-047 § 3, 1988. 2004 Code § 25.10.100.)