Read the full stored bill text
HB0220b -1- SSHB 220
New Text Underlined [DELETED TEXT BRACKETED]
34-LS0322\G
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 220
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - SECOND SESSION
BY REPRESENTATIVES MCCABE, G.Nelson
Introduced: 2/23/26
Referred: Community and Regional Affairs, Resources
A BILL
FOR AN ACT ENTITLED
"An Act relating to easements and rights-of-way in state parks." 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 41.21.024 is amended to read: 3
Sec. 41.21.024. Easements and rights-of-way for access to private land. 4
The department shall [MAY] grant a public easement or public right-of-way within a 5
state park unit for access to private property or an easement or right-of-way for the 6
installation, operation, maintenance, upgrade, removal, or replacement of public 7
utility facilities and infrastructure if the commissioner determines that the easement 8
or right-of-way 9
(1) will not unduly affect park resources; [AND] 10
(2) is in the public interest; and 11
(3) complies with other applicable law. 12
* Sec. 2. AS 41.21.024 is amended by adding new subsections to read: 13
(b) In granting an easement or right-of-way for a facility or infrastructure of a 14
public utility under (a) of this section, the department shall ensure that the easement or 15
34-LS0322\G
SSHB 220 -2- HB0220b
New Text Underlined [DELETED TEXT BRACKETED]
right-of-way provides adequate and feasible access for 1
(1) the purposes for which the right-of-way or easement was intended; 2
and 3
(2) installation, operation, maintenance, upgrade, removal, or 4
replacement of the affected utility facilities and infrastructure. 5
(c) If a person seeking an easement or right-of-way applies under (d) of this 6
section and the commissioner determines that the easement or right-of-way is not 7
disqualified under (a)(1) - (3) of this section, the department shall grant the easement 8
or right-of-way and may not provide the person another lesser land use authorization 9
or permission in lieu of the easement or right-of-way. 10
(d) A utility provider or property owner seeking an easement or right-of-way 11
under (a) of this section shall submit an application on a form provided or in a format 12
approved by the department that 13
(1) describes 14
(A) how the easement or right-of-way will benefit the public 15
interest; 16
(B) the need for the easement or right-of-way; 17
(C) the proposed location of the easement or right-of-way; 18
(D) the utility facilities and infrastructure proposed to be 19
located in the easement or right-of-way; and 20
(2) includes 21
(A) an assessment of the potential environmental effects if the 22
easement or right-of-way is granted; and 23
(B) a survey of the area that would be affected by the easement 24
or right-of-way; for purposes of this subparagraph, a cadastral survey is not 25
required, and the survey may be performed by GPS in a format established in 26
regulations adopted by the department. 27
(e) The scope and detail required for an assessment in an application under 28
(d)(2)(A) of this section must be commensurate with the planned use, and the likely 29
effects, of an easement or right-of-way applied for and granted under this section. 30
Assessment requirements adopted by the department shall, to the extent possible, 31
34-LS0322\G
HB0220b -3- SSHB 220
New Text Underlined [DELETED TEXT BRACKETED]
minimize project delays and an applicant's expenses. 1
(f) The commissioner shall approve or disapprove an application submitted 2
under (d) of this section within 60 days after the department receives a complete 3
application. An application that contains the information required under (d) of this 4
section shall be considered completed even if the application contains minor 5
omissions. If the commissioner disapproves an application, the department shall 6
provide the reasons for the disapproval in writing to the applicant. For an application 7
that is approved, the commissioner may impose reasonable terms and conditions, 8
including reasonable permit fees to protect the primary uses of the park and the 9
environment, to ensure public safety, and to minimize disruption to other land uses. If 10
the commissioner does not approve or disapprove an application within 60 days after 11
the department receives a complete application, the easement or right-of-way is 12
considered approved unless otherwise prohibited by another law. 13
(g) The commissioner may not impose a term or condition under (f) of this 14
section 15
(1) requiring 16
(A) improvements or other work outside of the area affected by 17
the easement or right-of-way; or 18
(B) the completion or performance of a duplicative study or 19
test; 20
(2) without providing clear standards or defined time limitations; or 21
(3) that is materially different than the terms and conditions imposed 22
on similarly situated applicants. 23
(h) If a valid existing section line easement or other recognized easement or 24
right-of-way crosses land within a state park unit, the department shall adopt 25
regulations for making the easement or right-of-way available for use by the public. 26
The department may not impose restrictions that unreasonably interfere with the use of 27
the easement or right-of-way by a public utility, or by a person to access private 28
property, if the department determines the use of the easement or right-of-way 29
(1) will not unduly affect park resources; 30
(2) is in the public interest; and 31
34-LS0322\G
SSHB 220 -4- HB0220b
New Text Underlined [DELETED TEXT BRACKETED]
(3) complies with other applicable law. 1
(i) In considering whether granting an easement or right-of-way is in the 2
public interest under (a) of this section, the commissioner shall consider the benefits 3
the easement or right-of-way would provide 4
(1) in accessing private property; 5
(2) by improving or expanding public utility services and 6
infrastructure; and 7
(3) to the local community and economy. 8
* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 9
read: 10
APPLICABILITY. Regulations adopted under AS 41.21.124(h), enacted by sec. 2 of 11
this Act, apply to an easement or right-of-way granted on or after the effective date of this 12
Act. 13