B. "Accretion" "Act" "City" "Coastline" "Commissioner" "Director" "Division" "Fair market value" "Fill" "Harbor line" "Improvements" "Land" "Mean high tide" and "mean high water line" "Mean low water" "Mean lower low water" "Natural resources" "Occupant"1. 2. 3. 4. 5. 6. "Permit preference" "Person" "Pierhead line" "Reclaimed or constructed tidelands or contiguous submerged lands" "Shorelands" "Submerged lands" "Substantial permanent improvement" "Tidelands" "Upland owner"
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
means the gradual and imperceptible addition of new land to old by the natural deposition of sediments, i.e., sedimentation.
means the Alaska Land Act as now constituted or as hereafter amended.
means the area formerly comprised by the City of Anchorage, Alaska.
means the line of ordinary low water along any portion of Cook Inlet, Turnagain Arm or Knik Arm, and is the line marking the seaward limit of inland waters.
means the commissioner of the department of natural resources.
means the director of the division of lands of the department of natural resources.
means the division of lands within the department of natural resources.
means the highest price, described in terms of money, which the property would bring if exposed for sale for a reasonable time in the open market, with a seller willing but not forced to sell, and a buyer willing but not forced to buy, both being fully informed of all the purposes for which the property is best adapted or could be used.
means earth, gravel, rock, sand or other similar materials placed upon tidelands or contiguous submerged lands for the purpose of elevating the lands for a specific useful purpose. The placement of earth, gravel, rock, sand or other similar materials on tidelands or contiguous submerged land solely for the purpose of spoils disposal and thereafter abandoned and not used for any beneficial purpose shall not be considered fill.
means as that line fixed by the Secretary of the Army which is the limit to which piers, wharves, bulkheads or other work may be extended in navigable waters without further authorization.
means buildings, wharves, piers, dry docks and other similar types of structures permanently fixed to the tidelands or contiguous submerged lands that were constructed or maintained by the applicant for business, commercial, recreation, residential or other beneficial uses or purposes. In no event shall fill be considered a permanent improvement when placed on the tidelands solely for the purposes of disposing of waste or spoils. However, fill material actually utilized for beneficial purposes by the applicant shall be considered a permanent improvement.
means all tidelands and submerged lands under the jurisdiction of the municipality.
mean, respectively, the tidal datum plane of the average of all the high tides as may be or has been established by the United States Coastal and Geodetic Survey, and as the intersection of the datum plane of mean high water with the shore.
means the tide datum plane of the average of the low tides as has been or may be established by the United States Coastal and Geodetic Survey.
means the tidal datum plane of the average of the lower of the two low waters of each day as has been or may be established by the United States Coastal and Geodetic Survey.
includes, without limiting the generality thereof, oil, gas and all other minerals, but does not include fish, shrimp, oysters, clams, crabs, lobsters, sponges, kelp and other marine animal and plant life, or water power or the use of water for the production of power.
means any person, or his or her successor in interest, who actually occupied for any business, residential or other beneficial purpose tidelands, or tidelands and submerged lands contiguous thereto, within the city on or prior to January 3, 1959, with substantial permanent improvements. The holder of a permit of clearance in respect to interference with navigation, or of a special use permit from a government agency, will not qualify as an occupant unless such entry on the land had, through exercise of reasonable diligence, resulted in actual occupancy and substantial permanent improvements, as defined in this section. No person shall be considered an occupant by reason of having:
Placed a fish trap in position for operation or storage upon the tideland, shoreland or submerged land;
Placed a setnet or piling therefor, or any other device or facility for the taking of fish;
Placed pilings or dolphins for log storage or other moorage;
Placed floats or vessels upon the tideland, shoreland or submerged land;
Placed telephone, power or other transmission facilities, roads, trails or other improvements not requiring exclusive use or possession of tidelands or contiguous or submerged land; or
Claimed the land by virtue of some form of constructive occupancy. Where land is occupied by a person other than the owner of the improvements thereon, the owner of the improvements, for the purposes of this chapter, shall be considered the occupant of such lands.
means that privilege of the upland owner to acquire first choice over other nonpreference right claimants to a permit for like use and enjoyment of the city-owned tidelands or contiguous submerged lands abutting his or her property.
means any person, firm, corporation, cooperative association, partnership or other entity legally capable of owning land or an interest therein.
means a line fixed by the Corps of Engineers of the Department of the Army that is parallel to the existing line of mean low tide at such distance offshore from the line of mean low tide that the pierhead line shall encompass, to the landward, all stationary, human-made structures (but shall not encompass any part of breakwaters, bridges or piers used for vessel dockage which part extends beyond such a parallel line marking the seaward extremity of other human-made structures) which were in existence as of February 1, 1957, to seaward of the city.
means those lands resulting by purposeful filling of tidelands or contiguous submerged lands.
means all lands which are covered by nontidal waters that are navigable under the laws of the United States up to the ordinary high-water mark as modified by natural accretion, erosion or reliction.
means those lands covered by tidal waters between the line of mean low water and seaward to a distance of three geographical miles, or as may hereafter be properly claimed by the city.
has the same meaning as the term "improvements" as defined in this section.
means those lands which are periodically covered by tidal waters between the elevation of mean high and mean low tides.
means that owner whose upland property abuts the line of mean high tide.
(CAC 10.04.010—10.04.310)