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Thread: WH zone land and access

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    Member BRWNBR's Avatar
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    Default WH zone land and access

    So I have some land on kodiak in a wildlife habitat zone. It's surrounded by state land. I'm trying to figure out if WH land can be used commercially and if I can drive a atv across the state land to access my land. Where do I look and how do I figure this out?
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    I would start by contacting a "Title Company" that does business in that recording district. And request everything on record ref. your legal description for your property, and study the plat notes and all other documents looking for restrictions to use, and building set-backs, etc..

    Is it inside a government body, Example: a borough or county, village........???

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    It's part of the kodiak borough. But I haven't found anything that says it can or can't be used as commercial property. Or anything about atv access
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    OK.........so the zoning dept. of the Kodiak Borough will govern commercial zoning restrictions......if any exist. The State of Alaska will govern ingress and egress. A Section Line determination would be a start.

    Quote Originally Posted by BRWNBR View Post
    It's part of the kodiak borough. But I haven't found anything that says it can or can't be used as commercial property. Or anything about atv access

  5. #5

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    NOTE: that even if the regulatory borough say's we have NO regulations effecting said property, there may still be restrictions on land use in the deed and/or the plat map.

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    Ok. I'll keep digging. Don't see anything restrictive on the plat. I'll try to track down zoning.
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    There can and often are "Deed Restrictions".

  8. #8

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    Also what you think is or is not commercial may differ from other governing and/or regulatory bodies. Example: Housing for more than "X" number of humans would likely be regulated in some degree by State of Alaska Fire Marshall, as in a bed & breakfast.

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    They say it cannot be used commercial unless rezoned. Hunting activities are allowed, but by their definitions, only can be owner and guests.
    Guess clients will have to sleep 30' out the front door on the state land....good thing I asked all they have I can find do not address what I asked.
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  10. #10

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    Getting it RE-zoned is generally only a problem if adjacent or nearby property owners object. You might ask the head of Kodiak Borough Zoning if they would oppose rezoning.

  11. #11

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    Often it is a question of what you call a "THING". Example: Here in Hope, Alaska a nice lady wanted to offer cooked food to public in the winter when the main eateries are closed for the winter.

    After researching all the crap she would have to do to meet bureaucratic approval. She simple called it a "Private Club". And we pay $1.00 once a year dues........and it is just like a small restaurant. And very GOOD food, in my opinion.

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    I'm looking into the rezoning possibilities.
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    Or the "Private Club" might work. Rezoning should up the value of the property, which is good and bad, as the property taxes will be higher.

    Quote Originally Posted by BRWNBR View Post
    I'm looking into the rezoning possibilities.

  14. #14
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    Right now it's just empty land. I'm years from building on it. So I have time before I need to have it rezoned or a waiver or something. Complicated trying to figure this stuff out.
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  15. #15

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    Also beware that there are things that you can NOT do on commercial zoning. And depending on the size of the property you may want only part of it commercially zoned. There are also Many different types of "Commercial" zoning, as in Light Industrial or Heavy Industrial, Retail, Office, etc..

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    When I get to the point of talking with someone I'll explain what my plan is and see what's best for me
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    ​I believe that you can make a 4 wheeler trail on state land under 4 feet wide no crossing streams without a.permit.

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    Turns out the borough won't allow any rezoning of the land. I'm tossing my earnest money and trying to get out. Land is no use to me with no commercial use permitted.
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    Quote Originally Posted by fshgde View Post
    ​I believe that you can make a 4 wheeler trail on state land under 4 feet wide no crossing streams without a.permit.
    This is generally true, as noted in this Alaska DNR fact sheet: http://dnr.alaska.gov/mlw/factsht/la..._allow_use.pdf In fact you can make a trail up to 5' wide without a permit. Other state restrictions, or in this case the borough, can overrule what the state the generally allows.

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    Quote Originally Posted by BRWNBR View Post
    Turns out the borough won't allow any rezoning of the land. I'm tossing my earnest money and trying to get out. Land is no use to me with no commercial use permitted.
    Sorry to hear that it isn't working out but I'm am glad for you that you did your due diligence before going any further.

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