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Earth Materials Extraction Permit

This page guides you through whether you need a permit to extract gravel, sand, or other earth materials, and how to apply.

Permit requirements depend on:

  • Location (SPUD or Interim Materials District)

  • Volume of material extracted

  • Duration of activity

  • Proximity to the seasonal high water table


Step 1: Check Where Your Property Is Located

Before evaluating volume or duration, confirm whether your property is in a special area.

Special Land Use District (SPUD)

If your property is within a SPUD:

  • Additional rules may apply

  • A Conditional Use Permit may be required under that district

  • The most restrictive applicable regulation governs

You must comply with both:

  • MSB 17.30 (Earth Materials Extraction), and

  • The applicable SPUD regulations


Interim Materials District (IMD)

Some areas are designated as Interim Materials Districts.

  • These areas are intended for material extraction activities

  • Different permitting pathways may apply

  • Verification is required before proceeding


Step 2: Determine If You Are Exempt

You do not need a permit if:

  • You extract 2,000 cubic yards or less per year, and

  • The material is not for sale or barter, and

  • Extraction does not occur within four feet of the seasonal high water table

If any of these conditions are not met, a permit is required.


Step 3: Check Water Table Conditions

If your project involves extraction:

  • Within four feet of the seasonal high water table, or

  • Below the water table

A permit is required regardless of volume.

Additional technical requirements apply under MSB 17.30.037.


Step 4: Determine Permit Type

If a permit is required, determine which type applies.

Administrative Permit

You may qualify if:

  • Extraction is 7,000 cubic yards or less annually, and

  • Operation duration is 24 months or less

Administrative permits:

  • Are approved by the Planning Director

  • Require public notice (½ mile radius)

  • Do not require a public hearing

A one-time extension of up to 6 months may be granted if:

  • Requested in writing, and

  • All permit conditions have been met


Conditional Use Permit (CUP)

A CUP is required if:

  • Extraction exceeds 7,000 cubic yards annually, or

  • Operation exceeds 24 months, or

  • The proposal does not meet administrative permit criteria, or

  • The project is within four feet of the seasonal high water table

CUPs:

  • Require a public hearing

  • Are decided by the Planning Commission

  • May include conditions of approval


Step 5: Additional Requirements for Water Table Extraction

Projects near or below the water table must include:

  • Monitoring wells and test pits

  • Groundwater flow and elevation data

  • Baseline and ongoing water quality sampling

  • Hydrologic report prepared by a qualified professional

  • Spill prevention, control, and countermeasures plan

Required setbacks from drinking water sources:

  • 500 feet (downgradient)

  • 350 feet (cross-gradient)

  • 200 feet (upgradient)


Step 6: Other Required Approvals

Earth materials extraction may also require approvals from:

  • Alaska Department of Natural Resources (ADNR)

  • Alaska Department of Environmental Conservation (DEC)

  • U.S. Army Corps of Engineers (Section 404 permits)

  • Environmental Protection Agency (EPA), if applicable

  • Floodplain Development Permit

Compliance with state and federal law must be demonstrated prior to final Borough approval.


Step 7: Prepare Your Application

A complete application must include:

  • Completed application form

  • Site development plan (per MSB 17.28)

  • Reclamation plan

  • Project narrative describing:

    • Volume and duration

    • Site layout and access

    • Operational characteristics

Additional materials may be required depending on project complexity.


Step 8: Apply Online

Submit your application through the Borough portal:

Apply Online – MSB Self-Service Portal


Step 9: Borough Review Process

Administrative permit:

  • Staff review for completeness

  • Public notice issued

  • Director decision issued with conditions if necessary

Conditional use permit:

  • Staff review and public notice

  • Public hearing before Planning Commission

  • Decision to approve, deny, or approve with conditions


Step 10: Approval Standards

To approve a permit, the Borough must find:

  • The use is consistent with applicable plans

  • The project preserves the character of the area

  • Public health, safety, and welfare are protected

  • Adequate setbacks and safeguards are provided


Common Mistakes to Avoid

  • Assuming small projects do not require permits without checking water table conditions

  • Not verifying SPUD or IMD applicability

  • Underestimating total extraction volume

  • Submitting incomplete site plans or reclamation plans

  • Beginning extraction before permit approval

  • Not checking whether the property is within a floodplain before beginning excavation


Frequently Asked Questions

Do I need a permit for personal use?
No, if extraction is 2,000 cubic yards or less annually, not for sale or barter, and not near the water table.


What triggers a Conditional Use Permit?

  • More than 7,000 cubic yards annually

  • More than 24 months of operation

  • Extraction near or below the water table

  • Projects that do not meet administrative criteria


What happens if groundwater conditions are impacted?
You must notify the Borough within 24 hours and submit a hydrologic assessment within 14 days.


Can a permit be transferred?
Yes, in accordance with MSB 17.30.120.


Contact

Development Services Division
(907) 861-7822
permitcenter@matsugov.us


Code Reference

  • MSB 17.30 – Earth Materials Extraction

  • MSB 17.28 – Site Development Standards


Quick Summary

  • Permits depend on location, volume, duration, and water table proximity

  • Small, non-commercial extraction may be exempt

  • Water table proximity overrides exemptions

  • SPUD and IMD rules may add requirements

  • A complete application is critical for approval

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