Alaska § 40.15.305 - Examination of plats before recording.

§ 40.15.305. Examination of plats before recording.

 (a) The commissioner shall exercise the platting authority for the state except within a municipality that has the power of land use regulation and that is exercising platting authority.

 (b) The commissioner shall review and approve each plat under AS 40.15.300 — 40.15.380 before the plat is recorded under AS 40.17 . The approval by the commissioner shall be affixed to the plat in the form of the following statement:

PLAT APPROVAL This plat is approved by the commissioner of natural resources, or the commissioner's designee, in accordance with AS 40.15 .

Commissioner Date

 (c) The recorder may not accept for filing and recording a plat for which the commissioner's approval is required under this section without the approval of the commissioner endorsed on the plat.

 (d) Within 45 days after a plat is filed, the commissioner shall approve the plat or return it to the applicant for modification or correction. Unless the applicant for plat approval consents to an extension of time, the plat is approved and a certificate of approval shall be issued by the commissioner if the commissioner fails to act within that period. The commissioner shall state in writing reasons for disapproval of a plat.

 (e) A recorded plat may not be altered or replatted except on petition of the state, a municipality, a public utility, or the owner of a majority of the land affected by the proposed alteration or replat. The petition shall be filed with the commissioner and shall be accompanied by a copy of the existing plat showing the proposed alteration or replat. The provisions of AS 29.40.130 and 29.40.140(a) apply to an alteration or replat submitted under this subsection. The provisions of (d) of this section do not apply to an alteration or replat petition, but the commissioner shall state in writing reasons for disapproval of the petition.

 (f) In the case of a vacation of a street, right-of-way, or other public area, the provisions of AS 29.40.140 (b) and 29.40.160(a) and (b) apply. When applying these provisions to land outside a municipality, the word “municipality” should be read as “state” when the context requires.

 (g) Notwithstanding another provision of AS 40.15.300 — 40.15.380, the commissioner shall approve, without review under AS 40.15.300 — 40.15.380, a plat under AS 38.04.045 that consists solely of land owned by the state. The commissioner may not charge a fee for the approval under this subsection.