Alaska Statutes
Alaska Stat. § 38.04.065 (2026)
Land use planning and classification
✓ current as of July 2026
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Sec. 38.04.065. Land use planning and classification.
(a) Except as provided in (d) and (h) of this section, the commissioner shall, with local governmental and public involvement under AS 38.05.945, adopt, maintain, and, when appropriate, revise regional land use plans that provide for the use and management of state-owned land.
(b) In the adoption and revision of regional and site-specific land use plans, the commissioner shall
(1) use and observe the principles of multiple use and sustained yield;
(2) consider physical, economic, and social factors affecting the area and involve other agencies and the public in achieving a systematic interdisciplinary approach;
(3) give priority to planning and classification in areas of potential settlement, renewable and nonrenewable resource development, and critical environmental concern;
(4) rely, to the extent that it is available, on the inventory of the state land, its resources, and other values;
(5) consider present and potential uses of state land;
(6) consider the supply, resources, and present and potential use of land under other ownership within the area of concern;
(7) plan for compatible surface and mineral land use classifications; and
(8) provide for meaningful participation in the planning process by affected local governments, state and federal agencies, adjacent landowners, and the general public.
(c) The commissioner shall adopt regional land use plans for state land. Each regional land use plan must identify and 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 that must be retained in state ownership and planned and classified for various uses and purposes under AS 38.04.015.
(d) The commissioner may adopt as a land use plan a comprehensive plan adopted by a municipality having planning and zoning powers or a land management plan adopted by another governmental entity if the commissioner determines that the plan adequately recognizes and protects state interests. A decision to adopt the plan must be preceded by public hearings in affected and interested communities and by a draft decision, available for public review, that describes the state's interests and how the state will implement the plan.
(e) Land shall be classified as provided in AS 38.05.300.
(f) Each decision about the location of easements and rights-of-way, other than for minor access, shall be integrated with land use planning and classification. In this subsection, “minor access” means
(1) an easement for fiber optic cable of any length in an area where the land has not yet been classified; and
(2) other comparable easements as determined by the commissioner in regulation.
(g) Each land use plan adopted by the commissioner under this section shall be consistent with municipal land use plans to the maximum extent determined consistent with the state interests and the purposes of this chapter.
(h) Before the commissioner adopts a regional land use plan, a land classification may be made on the basis of a site-specific land use plan. After adoption of a regional land use plan, land classifications shall be made under the plan.
(i) An oil and gas lease sale or gas only lease sale is not subject to this section. Oil and gas lease sales and gas only lease sales are subject to the planning process established under AS 38.05.180.
(a) Except as provided in (d) and (h) of this section, the commissioner shall, with local governmental and public involvement under AS 38.05.945, adopt, maintain, and, when appropriate, revise regional land use plans that provide for the use and management of state-owned land.
(b) In the adoption and revision of regional and site-specific land use plans, the commissioner shall
(1) use and observe the principles of multiple use and sustained yield;
(2) consider physical, economic, and social factors affecting the area and involve other agencies and the public in achieving a systematic interdisciplinary approach;
(3) give priority to planning and classification in areas of potential settlement, renewable and nonrenewable resource development, and critical environmental concern;
(4) rely, to the extent that it is available, on the inventory of the state land, its resources, and other values;
(5) consider present and potential uses of state land;
(6) consider the supply, resources, and present and potential use of land under other ownership within the area of concern;
(7) plan for compatible surface and mineral land use classifications; and
(8) provide for meaningful participation in the planning process by affected local governments, state and federal agencies, adjacent landowners, and the general public.
(c) The commissioner shall adopt regional land use plans for state land. Each regional land use plan must identify and 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 that must be retained in state ownership and planned and classified for various uses and purposes under AS 38.04.015.
(d) The commissioner may adopt as a land use plan a comprehensive plan adopted by a municipality having planning and zoning powers or a land management plan adopted by another governmental entity if the commissioner determines that the plan adequately recognizes and protects state interests. A decision to adopt the plan must be preceded by public hearings in affected and interested communities and by a draft decision, available for public review, that describes the state's interests and how the state will implement the plan.
(e) Land shall be classified as provided in AS 38.05.300.
(f) Each decision about the location of easements and rights-of-way, other than for minor access, shall be integrated with land use planning and classification. In this subsection, “minor access” means
(1) an easement for fiber optic cable of any length in an area where the land has not yet been classified; and
(2) other comparable easements as determined by the commissioner in regulation.
(g) Each land use plan adopted by the commissioner under this section shall be consistent with municipal land use plans to the maximum extent determined consistent with the state interests and the purposes of this chapter.
(h) Before the commissioner adopts a regional land use plan, a land classification may be made on the basis of a site-specific land use plan. After adoption of a regional land use plan, land classifications shall be made under the plan.
(i) An oil and gas lease sale or gas only lease sale is not subject to this section. Oil and gas lease sales and gas only lease sales are subject to the planning process established under AS 38.05.180.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1983–2022 · leading case: Alaska Survival v. State, Dep't of Nat. Resources, 723 P.2d 1281 (Alaska 1986).
Alaska Survival v. State, Dep't of Nat. Resources, 723 P.2d 1281 (Alaska 1986). “Alaska Survival asserts that DNR violated AS 38.04.065 by classifying Chase land for agricultural use before developing a regional land use plan.”
State, Dep't of Nat. Resources v. Nondalton Tribal Council, 268 P.3d 293 (Alaska 2012). “53 In fact, this is the essence of the Plan-it distills the factors set forth in AS 38.04.065 into a plan for a specific geographic region.”
Summer Sagoonick v. State of Alaska, 503 P.3d 777 (Alaska 2022). “2d 103, 107 (Alaska 1984) (stating that AS 38.04.065 generally requires land use plans prior to land classifications); cf.”
Se. Alaska Conservation Council, Inc. v. State, 665 P.2d 544 (Alaska 1983). “[1] AS 38.04.065(a) provides in pertinent part: The commissioner shall, with local governmental and public involvement .”
Se. Alaska Conservation Council, Inc. v. State of Alaska, Dep't of Nat. Resources & Alaska Mental Health Trust Auth., 470 P.3d 129 (Alaska 2020). “”7 And the legislature expressly authorized DNR to reclassify state land when “the public interest warrants reclassification.”
State v. Weidner, 684 P.2d 103 (Alaska 1984). “The superior court found that there was a reasonable basis for the disposal decision by the Commissioner of the DNR, but granted summary judgment in favor of Weidner on five issues, holding: (1) the DNR, contrary to AS 38.04.065 (Supp.1980), failed to develop land use plans…”
Lazy Mountain Land Club v. Matanuska-Susitna Borough Bd. of Adjustment & Appeals, 904 P.2d 373 (Alaska 1995). “19 Mat-Su is correct in pointing out that the public lands planning requirement in AS 38.04.065 is more specific than the municipal planning requirement in reference to the substantive standards which the planners should apply.”
N. Alaska Env't Ctr. v. State, Dep't of Nat. Resources, 2 P.3d 629 (Alaska 2000). “2d 1281, 1288 (Alaska 1986) (holding AS 38.04.065 requires regional planning prior to land disposal); Moore v.”
Licht v. Irwin, 292 P.3d 915 (Alaska 2013). “035(e)(2)[ 1 ] and AS 38.04.065(b)(4-6),[ 2 ] the statutory pro *918 visions that contain requirements for the reclassification and conveyance of state lands as well as various duties of the DNR Commissioner when issuing decisions.”
Denali Citizens Council v. State, Dep't of Nat. Resources, 318 P.3d 380 (Alaska 2014). “The Tanana Area Basin Plan, adopted pursuant to AS 38.04.065, "determines major land uses on state lands within the planning area, describes management intent, and sets management guidelines for various resources" in the Tanana Basin Planning Area.”
Olson v. State, Dep't of Nat. Resources, 799 P.2d 289 (Alaska 1990). “On August 29, 1986, we reversed the superior court and invalidated the lottery on the ground that DNR classified the Chase land for homesteading before developing a regional land use plan as required by AS 38.”
City of Kenai v. Cook Inlet Nat. Gas Storage Alaska, LLC, 373 P.3d 473 (Alaska 2016). “015(2) (stating that one of "[the primary public interests in retaining areas of state land surface in public ownership" is "to facilitate mining and mineral leasing by managing appropriate public land for surface uses which are compatible with subsurface uses"); and AS…”
— Alaska Stat. § 38.04.065(a) — 5 cases
Se. Alaska Conservation Council, Inc. v. State, 665 P.2d 544 (Alaska 1983). “[1] AS 38.04.065(a) provides in pertinent part: The commissioner shall, with local governmental and public involvement .”
Summer Sagoonick v. State of Alaska, 503 P.3d 777 (Alaska 2022). “2d 103, 107 (Alaska 1984) (stating that AS 38.04.065 generally requires land use plans prior to land classifications); cf.”
State, Dep't of Nat. Resources v. Nondalton Tribal Council, 268 P.3d 293 (Alaska 2012). “53 In fact, this is the essence of the Plan-it distills the factors set forth in AS 38.04.065 into a plan for a specific geographic region.”
Se. Alaska Conservation Council, Inc. v. State of Alaska, Dep't of Nat. Resources & Alaska Mental Health Trust Auth., 470 P.3d 129 (Alaska 2020). “”7 And the legislature expressly authorized DNR to reclassify state land when “the public interest warrants reclassification.”
Alaska Survival v. State, Dep't of Nat. Resources, 723 P.2d 1281 (Alaska 1986). “Alaska Survival asserts that DNR violated AS 38.04.065 by classifying Chase land for agricultural use before developing a regional land use plan.”
— Alaska Stat. § 38.04.065(b) — 4 cases
State v. Weidner, 684 P.2d 103 (Alaska 1984). “The superior court found that there was a reasonable basis for the disposal decision by the Commissioner of the DNR, but granted summary judgment in favor of Weidner on five issues, holding: (1) the DNR, contrary to AS 38.04.065 (Supp.1980), failed to develop land use plans…”
Licht v. Irwin, 292 P.3d 915 (Alaska 2013). “035(e)(2)[ 1 ] and AS 38.04.065(b)(4-6),[ 2 ] the statutory pro *918 visions that contain requirements for the reclassification and conveyance of state lands as well as various duties of the DNR Commissioner when issuing decisions.”
Lazy Mountain Land Club v. Matanuska-Susitna Borough Bd. of Adjustment & Appeals, 904 P.2d 373 (Alaska 1995). “19 Mat-Su is correct in pointing out that the public lands planning requirement in AS 38.04.065 is more specific than the municipal planning requirement in reference to the substantive standards which the planners should apply.”
State, Dep't of Nat. Resources v. Nondalton Tribal Council, 268 P.3d 293 (Alaska 2012). “53 In fact, this is the essence of the Plan-it distills the factors set forth in AS 38.04.065 into a plan for a specific geographic region.”
— Alaska Stat. § 38.04.065(b)(1) — 1 case
City of Kenai v. Cook Inlet Nat. Gas Storage Alaska, LLC, 373 P.3d 473 (Alaska 2016). “015(2) (stating that one of "[the primary public interests in retaining areas of state land surface in public ownership" is "to facilitate mining and mineral leasing by managing appropriate public land for surface uses which are compatible with subsurface uses"); and AS…”
— Alaska Stat. § 38.04.065(b)(8) — 1 case
Alaska Survival v. State, Dep't of Nat. Resources, 723 P.2d 1281 (Alaska 1986). “Alaska Survival asserts that DNR violated AS 38.04.065 by classifying Chase land for agricultural use before developing a regional land use plan.”
— Alaska Stat. § 38.04.065(c) — 2 cases
Alaska Survival v. State, Dep't of Nat. Resources, 723 P.2d 1281 (Alaska 1986). “Alaska Survival asserts that DNR violated AS 38.04.065 by classifying Chase land for agricultural use before developing a regional land use plan.”
State, Dep't of Nat. Resources v. Nondalton Tribal Council, 268 P.3d 293 (Alaska 2012). “53 In fact, this is the essence of the Plan-it distills the factors set forth in AS 38.04.065 into a plan for a specific geographic region.”
— Alaska Stat. § 38.04.065(d) — 1 case
Alaska Survival v. State, Dep't of Nat. Resources, 723 P.2d 1281 (Alaska 1986). “Alaska Survival asserts that DNR violated AS 38.04.065 by classifying Chase land for agricultural use before developing a regional land use plan.”
— Alaska Stat. § 38.04.065(e) — 3 cases
Summer Sagoonick v. State of Alaska, 503 P.3d 777 (Alaska 2022). “2d 103, 107 (Alaska 1984) (stating that AS 38.04.065 generally requires land use plans prior to land classifications); cf.”
Se. Alaska Conservation Council, Inc. v. State of Alaska, Dep't of Nat. Resources & Alaska Mental Health Trust Auth., 470 P.3d 129 (Alaska 2020). “”7 And the legislature expressly authorized DNR to reclassify state land when “the public interest warrants reclassification.”
State, Dep't of Nat. Resources v. Nondalton Tribal Council, 268 P.3d 293 (Alaska 2012). “53 In fact, this is the essence of the Plan-it distills the factors set forth in AS 38.04.065 into a plan for a specific geographic region.”
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