Section 11 AAC 67.154 - Agricultural homesteadsThe following provisions apply to homesteads in selection areas classified as agricultural land under 11 AAC 55.050:
(1)[Annulled; see editor's note.]The interest conveyed by patent is only that portion of the state's title which constitutes the agricultural interest in the land conveyed. The state's transfer of the agricultural interest is the conveyance of the surface estate in fee simple subject to the conditions subsequent and covenants relating to agricultural use and development set out in (2) - (4) of this section. All other interests in the property remain in the absolute ownership of the state as required by AS 38.05.321, and are not the property of the grantee.(2)[Annulled; see editor's note.]The use of the homestead land is restricted to the production of plants and animals useful to man, including forage and sod crops; grains and feed crops; fruits, trees, and vegetables; dairy animals and products, and livestock; and incidental uses not inconsistent with this agricultural restriction.(3)[Annulled; see editor's note.]The subdivision of an agricultural homestead as permitted by AS 38.09.050(d) and (e) may not create any parcel of less than 40 acres, and must be consistent with an approved homestead conservation plan, submitted or amended under 11 AAC 67.155.(4)[Annulled; see editor's note.]Buildings on agricultural homesteads are restricted as follows: (A) before subdivision, an agricultural homestead may only have one permanent habitable dwelling, and other buildings that are either reasonably required to support the agricultural use of the homestead, or not inconsistent with that agricultural use;(B) after a subdivision, each subdivided parcel may only have one permanent habitable dwelling and other buildings that are either reasonably required to support the agricultural use of the parcel, or not inconsistent with that agricultural use.(5)[Annulled; see editor's note.]The conditions subsequent and covenants subsequent and covenants contained in (2) - (4) of this section are a part of the patent issued by the state and a breach of any part of those conditions or covenants may be remedied by actions for trespass, damages, and forfeiture under 11 AAC 67.165(b) - (d), or by any other remedy of law.(6) In order to meet the requirements of AS 38.09.050(a)(5) for clearing and either production or preparation for cultivation, the entryperson must show, either through an inspection report from the division of agriculture or through photographs, affidavits, or other information acceptable to the director, that, at a minimum, the percentage of the homestead required by AS 38.09.050(a)(5) has been cleared of vegetation and broken in a manner that will permit cultivation by normal farm equipment.Eff. 5/31/84, Register 90; am 8/16/89, Register 111Effective August 5, 1997, 11 AAC 67.154(1), (2), (3), (4), (5) were annulled by sec. 15, ch. 20, SLA 1997.
Authority:AS 38.05.020
AS 38.05.035
AS 38.05.321
AS 38.09.010
AS 38.09.040
AS 38.09.050
AS 38.09.110