Generally Allowed Uses on Borough Land
As provided for in MSB 23.10.10, certain uses and activities are generally allowed on borough-owned land managed by the Land and Resources Management Division. Uses listed as “Generally Allowed” do not require a permit from the Land and Resources Management Division. Note that this list does not apply to borough parks, or to land owned or managed by other borough departments such as the Capital Projects Department.
You may need other Borough, State, or Federal permits for these activities. Permits can be required from the Army Corps of Engineers, Department of Environmental Conservation, the Environmental Protection Agency, Alaska Department of Fish and Game.
Before beginning an activity on borough-owned land, the user should check to be sure it is generally allowed in that particular area.
Travel Across Borough Land
Hiking, backpacking, skiing, climbing and other foot travel; bicycling; travel by horse or dogsled or with pack animals.
Use of highway vehicles, or recreational off-road vehicles and snow machines if use does not cause or contribute to water quality degradation, alteration of drainage systems, significant rutting, ground disturbance or thermal erosion.
Landing of aircraft or watercraft without damaging the land, shoreline, tideland and submerged land.
Removal or Use of Borough Resources
Hunting, fishing or trapping that complies with applicable borough, state and federal statutes and regulations on the taking of fish and game.
Harvesting small amounts of wild plants, mushrooms, berries and other plant material for personal, non-commercial use, including use of dead and downed trees for cooking or a warming fire, unless the area has been closed for such uses.
Improvements and Structures on Borough-Owned Lands
Camp sites are allowed for personal, non-commercial recreational purposes; or to survey a permanent official marker; or to survey and explore mineral, oil or gas for no more than 14 days at one site using a tent platform or other temporary structure that can readily be dismantled and removed. Moving the entire camp at least two miles in distance will start a new 14-day period. A camp must be removed immediately if the Land and Resource Management Division determine it may interfere with public access, other public uses or other borough interests. Cabins or other non-permanent improvements including foundations are not allowed.
Check for Special Condition and Exceptions!
Activities on borough-owned land must be conducted in a responsible manner that will minimize or prevent disturbance to land and water resources, and comply with applicable federal, state, and local laws and regulations.
Generally allowed uses do not apply in the following designated areas.
Active timber sales (personal use and salvage), Active material sales (i.e., gravel pits), Wetland Mitigation Bank lands, Public facilities (i.e., schools, fire stations, libraries), Parks (restricted uses are typically listed at park entrances), Campgrounds, Trails (may be restricted to motorized, non-motorized, pedestrian, etc.), Recreation management areas, Parcels encumbered by lease, permit, management agreement, Special Use Districts, Port MacKenzie Port District, and Exclusive use areas.
By acting under the authority of these generally allowed uses, the user agrees to the conditions set out in the Borough Land and Resources Management Division Policy and Procedures Manual Part 31. A person who violates these conditions is subject to any action available to the borough for enforcement and remedies, including civil action for forcible entry and detainer, ejectment, trespass, damages, and associated costs, or arrest and prosecution for criminal trespass in the second degree. The borough may seek damages available under a civil action, including restoration damages, compensatory damages, and treble damages under MSB 1.45 for violations involving injuring or removing trees or shrubs, gathering technical data, or taking mineral resources.
CONDITIONS FOR GENERALLY ALLOWED USES
(MSB 23.10.10; LMD PPM)
To comply with these generally allowed uses of borough-owned land the following conditions shall also apply:
(1) activities employing wheeled or tracked vehicles must be conducted in a manner that minimizes surface damage;
(2) vehicles must use existing roads and trails whenever possible;
(3) activities must be conducted in a manner that minimizes:
a. disturbance of vegetation, soil stability, or drainage systems;
b. changing the character of, polluting, or introducing silt and sediment into streams, lakes, ponds, water holes, seeps, and marshes; and
c. disturbance of fish and wildlife resources
(4) cuts, fills, and other activities causing a disturbance listed in (3)(a-c) of this title must be repaired immediately, and corrective action must be undertaken as may be required by the borough;
(5) trails and campsites must be kept clean; garbage and foreign debris must be removed; combustibles may be burned on site unless the borough has closed the area to fires during the fire season, or for any other reason;
(6) all reasonable efforts must be made to prevent, control, and suppress any fire in the operating area; uncontrolled fires must be immediately reported to the authorities and the borough;
(7) survey monuments, witness corners, reference monuments, mining location posts, homestead entry corner posts, and bearing trees must be protected against destruction, obliteration, and damage; any damaged or obliterated markers must be re-established as required by law;
(8) holes, pits, and excavations must be repaired as soon as possible; holes, pits, and excavations necessary to verify discovery on prospecting sites, mining claims, or mining leasehold locations may be left open but must be maintained in a manner that protects public safety;
(9) on lands subject to a mineral or non-exclusive interest, entry by a person other than the holder of a property interest, or their representative, must be made in a manner that prevents unnecessary or unreasonable interference with the rights of the holder of the property interest.
There are areas within the borough which have special land use designations or are otherwise restricted. Generally allowed uses as provided for in this section do not apply in designated areas.
Designated areas are:
Active timber sales (personal use and salvage), Active material sales (such as gravel pits), Wetland Mitigation Bank lands, Public facilities (such as schools, fire stations, libraries), Parks (restricted usages are typically listed at park entrances), Campgrounds, Trails (may be restricted to motorized, non-motorized, pedestrian, equestrian, or bike), Recreation management areas, Parcels encumbered by lease, permit, management agreement, commercial, or residential use, Special Use Districts (SpUD), Port MacKenzie Port District, Exclusive use areas
The borough manager shall retain authority to prohibit or restrict any specific use under these generally allowed use provisions when in conflict with 23.05.010.