Alaska Statutes
Alaska Stat. § 38.04.015 (2026)
Public interest in retaining state land in public ownership
✓ current as of July 2026
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Sec. 38.04.015. Public interest in retaining state land in public ownership.
Article 2. Land Availability for Private Use.
The primary public interests in retaining areas of state land surface in public ownership are
(1) to make them available on a sustained-yield basis for a variety of beneficial uses including subsistence, energy development, aquaculture, forestry, grazing, sport hunting and fishing, hiking, snowmobiling, skiing, and other activities of a type which can generally be made available to more people and conducted more successfully if the land is in public rather than private ownership;
(2) to facilitate mining and mineral leasing by managing appropriate public land for surface uses which are compatible with subsurface uses;
(3) to protect critical wildlife habitat and areas of special scenic, recreational, scientific, or other environmental concern;
(4) to restrict development in hazardous locations such as floodplains and avalanche zones; and
(5) to guide the location of settlement and development to minimize public costs and maximize social and economic benefits.
The primary public interests in retaining areas of state land surface in public ownership are
(1) to make them available on a sustained-yield basis for a variety of beneficial uses including subsistence, energy development, aquaculture, forestry, grazing, sport hunting and fishing, hiking, snowmobiling, skiing, and other activities of a type which can generally be made available to more people and conducted more successfully if the land is in public rather than private ownership;
(2) to facilitate mining and mineral leasing by managing appropriate public land for surface uses which are compatible with subsurface uses;
(3) to protect critical wildlife habitat and areas of special scenic, recreational, scientific, or other environmental concern;
(4) to restrict development in hazardous locations such as floodplains and avalanche zones; and
(5) to guide the location of settlement and development to minimize public costs and maximize social and economic benefits.
Notes of Decisions
Cited in 4
cases, 1986–2016 · leading case: State, Dep't of Nat. Resources v. Nondalton Tribal Council, 268 P.3d 293 (Alaska 2012).
State, Dep't of Nat. Resources v. Nondalton Tribal Council, 268 P.3d 293 (Alaska 2012). “d delineate: (1) areas of settlement and settlement impact, where land must be classified for various private uses, renewable and nonrenewable resource development, and for public recreation, open space, and other public uses desirable in and around settlement; and (2) areas…”
Alaska Survival v. State, Dep't of Nat. Resources, 723 P.2d 1281 (Alaska 1986). “hese regional plans shall identify and delineate (1) areas of settlement and settlement impact, where land must be classified for various private uses and for public recreation, open space, and other public uses desirable in and around settlement; and (2) areas which must be…”
City of Kenai v. Cook Inlet Nat. Gas Storage Alaska, LLC, 373 P.3d 473 (Alaska 2016). “shall seek to minimize the adverse effect of private settlement on wildlife, fishery, mineral, timber, and other significant resources of the land" (emphasis added)); AS 38.04.015(2) (stating that one of "[the primary public interests in retaining areas of state land surface in…”
Reichmann v. State, Dep't of Nat. Resources, 917 P.2d 1197 (Alaska 1996). “See also AS 38.04.015 which identifies "[t]he primary public interests in retaining areas of state land surface in public ownership” to include protection of "critical wildlife habitat and areas of special scenic, recreational, scientific, or other environmental concern.”
— Alaska Stat. § 38.04.015(1) — 1 case
State, Dep't of Nat. Resources v. Nondalton Tribal Council, 268 P.3d 293 (Alaska 2012). “d delineate: (1) areas of settlement and settlement impact, where land must be classified for various private uses, renewable and nonrenewable resource development, and for public recreation, open space, and other public uses desirable in and around settlement; and (2) areas…”
— Alaska Stat. § 38.04.015(2) — 1 case
City of Kenai v. Cook Inlet Nat. Gas Storage Alaska, LLC, 373 P.3d 473 (Alaska 2016). “shall seek to minimize the adverse effect of private settlement on wildlife, fishery, mineral, timber, and other significant resources of the land" (emphasis added)); AS 38.04.015(2) (stating that one of "[the primary public interests in retaining areas of state land surface in…”
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