Chapter 16.04
TIDELANDS

Sections:

16.04.010    Acceptance of state conveyance.

16.04.020    Approval and adoption of tideland plat.

16.04.030    Keeping of plat.

16.04.040    Preferential rights expired.

16.04.050    Purchase options to certain tidelands expired.

16.04.060    Use and disposal of tide and submerged land materials.

16.04.070    Development by borough.

16.04.010 Acceptance of state conveyance.

The conveyance by the state to the then-City of Wrangell, dated March 20, 1963, of tidelands and submerged lands lying seaward of the then-city limit was previously approved and accepted. The provisions of this chapter apply to these conveyed tidelands and submerged lands. [Ord. 833 § 41, 2009; Ord. 245 § 5, 1969; prior code § 45.30.010.]

16.04.020 Approval and adoption of tideland plat.

A. The tidelands subdivision plat, referred to in this chapter as “plat,” is approved and adopted as the official tidelands subdivision plat of tide and submerged lands conveyed by the state to the borough, showing all structures and improvements thereon and the boundaries of each tract occupied or developed, together with the name of the owner or claimant thereof, including with the boundaries of each tract occupied or developed such surrounding tide and submerged lands as are reasonably necessary in the opinion of the assembly for the use and enjoyment of the structures and improvements thereon by the owner or claimant, but not including any tide or submerged lands which, if granted to such occupant, would unjustly deprive any occupant of adjoining lands from his reasonable use and enjoyment thereof.

B. Tide and submerged lands which are not occupied or developed by the establishment thereon of substantial permanent improvements as herein defined, but which are included within the boundaries of subdivided tracts as being reasonably necessary in the opinion of the assembly for use and enjoyment of the structures and improvements thereon by the owner or claimant, were so included at the direction of the assembly after public notice, hearing and due consideration. [Ord. 245 § 5, 1969; prior code § 45.30.020.]

16.04.030 Keeping of plat.

The plat shall be retained in the clerk’s office at the Wrangell City Hall and made available for public inspection at reasonable hours. [Ord. 245 § 5, 1969; prior code § 45.30.030.]

16.04.040 Preferential rights expired.

The time period in which certain persons were granted the right to file preference rights to tidelands pursuant to Article II of Wrangell Ordinance No. 180 and extended by Ordinance No. 197 has expired. [Ord. 245 § 5, 1969; prior code § 45.30.040.]

16.04.050 Purchase options to certain tidelands expired.

The time period in which certain persons were granted the right to purchase portions of filled tidelands area pursuant to Article III of Wrangell Ordinance No. 180 has expired. [Ord. 245 § 5, 1969; prior code § 45.30.050.]

16.04.060 Use and disposal of tide and submerged land materials.

Any person, firm or corporation who without written authority from the borough removes rock, gravel or other materials from the tide and submerged lands conveyed by the state to the borough shall be deemed guilty of a misdemeanor. No deed or lease granted by the borough to any person shall contain terms or be construed as granting any right to remove material from the borough tide and submerged lands, nor to use any such material removed from such tide and submerged lands after January 3, 1959. [Ord. 245 § 5, 1969; prior code § 45.30.060.]

16.04.070 Development by borough.

At least 45 days before final assembly approval of development of any tide or submerged lands by the borough, the borough manager shall file a development plan with the borough clerk setting for the information required by WMC 16.08.020(B). Upon receipt the borough clerk shall transmit the same directly to the port commission and the planning and zoning commission for review under WMC 16.08.080. [Ord. 656 § 5, 1999.]