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Notice of Proposed Changes to Regulations Relating to Easement and Right-of-Way Fees in the Regulations of the Department of Natural Resources

The Department of Natural Resources proposes to change regulations relating to fees charged to public utilities for surface land use for easements and rights-of-way.

Summary of proposed changes: The Department of Natural Resources, Division of Mining, Land and Water (the Division) proposes to adopt regulation changes in Title 11 of the Alaska Administrative Code, dealing with fee regulations for public utilities, including the following:

(1) 11 AAC 05.070(d)(2)(C) is proposed to be amended to insert "for the first 100 miles and 10 cents each linear foot of each additional mile," so that larger projects will pay reduced fees.

(2) 11 AAC 05.070(d)(2)(I) relating to fees for entry authorizations is proposed to be changed by updating citation references and to provide that fees for entry authorizations addressed in (d)(2)(C) will not exceed $20,000 annually.

(3) 11 AAC 05.070(e) is proposed to be amended to update citation references for applicable fees.

(4) 11 AAC 05.900(11), providing a definition of "linear," is proposed to be repealed.

(5) 11 AAC 05.900(12), providing a definition of "non-linear," is proposed to be repealed.

Written comments: You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments via email to dnr.fees.regulation@alaska.gov or via the online comment portal at
https://dnr.alaska.gov/mlw/comment/submit/?topic=erow_regchanges. Comments may also be mailed to Molly Benson at 550 West Seventh Avenue, Suite 1070, Anchorage, Alaska, 99501. Additionally, the Division will accept comments by facsimile at 907-269-8904.

Written comment deadline: The written comments must be received not later than 5:00 p.m. on
August 17, 2026.

Questions: You may submit written questions relevant to the proposed action to Molly Benson via email at dnr.fees.regulation@.alaska.gov or by mail at 550 West Seventh Avenue, Suite 1070,
Anchorage, Alaska 99501. The questions must be received at least 10 days before the end of the
public comment period, not later than August 7, 2026. The Division will aggregate its response to
substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and agency website.

Public nature of comments and questions: Public comments and questions, once submitted, are public records and subject to disclosure under the Alaska Public Records Act. See AS 40.25.100 - 40.25.295. Do NOT include in your comments or questions any information that you do not want made public.

Accommodations: If you are a person with a disability who needs a reasonable accommodation in order to participate in this process, please contact Molly Benson via email at dnr.fees.regulation@alaska.gov or by phone at 907-269-8601 not later than August 7, 2026, to ensure that any necessary accommodations can be provided.

Obtaining copies of proposed regulations: A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Molly Benson via email at dnr.fees.regulation@alaska.gov or by phone at 907-269-8601.

Final version of regulations. After the public comment period ends, the Division will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation.

Statutory authority: AS 37.10.050, AS 37.10.058, AS 38.05.020, AS 38.05.035, AS 38.05.850

Statutes being implemented, interpreted, or made specific: AS 38.05.035, AS 38.05.850

Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.

How to receive further notices: The Division of Mining, Land and Water keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the division's notices of proposed regulation changes. To be added to or removed from the list, send a request to the Division via email to dmlwprogramsupport@alaska.gov or by mail to 550 West Seventh Avenue, Suite 1070, Anchorage, Alaska 99501, giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.

Individuals can also sign up to receive automated notifications of all State of Alaska notices,
including public notice for regulation changes, by subscribing to the Alaska Online Public Notices
System: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.

Attachments, History, Details

Revision History

Created 7/14/2026 2:52:02 PM by mmbenson
Modified 7/14/2026 2:53:59 PM by mmbenson
Modified 7/15/2026 9:08:44 AM by mmbenson

Details

Department: Natural Resources
Category: Regulations
Sub-Category: Notice of Proposed Regulations
Location(s): Statewide
Project/Regulation #: 2025200539
 
Publish Date: 7/15/2026
Archive Date: 8/18/2026
 
Events/Deadlines: