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For the purpose of this chapter the terms defined herein shall have the meanings provided and rights defined unless the context requires otherwise:

Borough engineer” means the borough engineer, or other borough official designated to perform the functions herein.

Claimant” means a person who claims a preference right recognized under AS 38.05.820.

Class I preference right” has the meaning given that term in AS 38.05.820.

Class II preference right” has the meaning given that term in AS 38.05.820.

Class III preference right” has the meaning given that term in AS 38.05.820.

Director” means the director of division of lands, state of Alaska.

Director’s line” means a line seaward of the borough, approved by the director, with the concurrence of the Commissioner of Natural Resources, state of Alaska, which shall be seaward of all tide and submerged lands occupied or suitable for occupation and development without unreasonable interference with navigation.

Fair market value” 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.

Fill” means earth, gravel, rock, sand or other similar materials placed upon tide or contiguous submerged lands to a height above the mean high water line for the purpose of elevating the lands for a specific useful purpose. Earth, gravel, rock, sand, or other similar materials placed on tide 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.

Harbor line” means the harbor line referred to in AS 38.05.820(b).

Improvements” means buildings, wharves, piers, dry docks, and other similar types of structures permanently fixed to the tide or contiguous submerged lands that were constructed and/or maintained by the applicant for business, commercial, recreational, 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 purpose of disposing of waste or spoils. However, fill material actually utilized for beneficial purposes by the applicant shall be considered a permanent improvement.

Industrial and commercial lands” means tidelands chiefly valuable for industrial, manufacturing, or commercial purposes.

Mean high tide” at any place subject to tidal influence shall be interpreted as the tidal datum plane derived from averaging all the high tides as may be or has been established by the U.S. Coast and Geodetic Survey.

Mean high water lineshall be interpreted as the intersection of the datum plane of mean high tide with the shore.

Mean low water” at any place subject to tidal influence shall be interpreted as the tidal datum plane of the average of the low tides as may be or has been established by the U.S. Coast and Geodetic Survey.

Mean lower low water” at any place subject to tidal influence shall be interpreted as 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 U.S. Coast and Geodetic Survey.

Occupant” has the meaning given that term in AS 38.05.820.

Occupied or developed” has the meaning given that term in AS 38.05.820.

Park and recreation lands” means tidelands chiefly valuable for public park and recreation use, including scenic overlooks.

Person” means any individual, firm, corporation, cooperative, association, partnership, or other entity legally capable of owning land or any interest therein.

Preference right” has the meaning given that term in AS 38.05.820.

Pier head line” means the pier head line referred to in AS 38.05.820(b).

Reclaimed or constructed tide or contiguous submerged lands” means those lands resulting from the purposeful filling of tide or contiguous submerged lands.

Submerged lands” means land covered by tidal waters between the line of mean low water and seaward to a distance of three geographic miles or as may hereafter be properly claimed by the borough.

Substantial permanent improvementsshall for the purposes of this chapter have the same meaning as improvements as herein defined.

Tidelands” means lands periodically covered by tidal waters between the elevations of mean high tide and mean low water.

Tidelands subdivision plat” means a plat of a subdivision of tidelands, or tidelands and contiguous submerged lands within the corporate boundary of the borough, prepared in accordance with AS 38.05.820(b)(1).

Upland owner” means the owner whose upland property abuts the line of mean high tide.