Alaska

applies when — Parcels situated within mapped special flood hazard areas (SFHA) participating in the National Flood Insurance Program (NFIP) or regulated coastal zones

Restricts parcel development and building erection through statutory elevation requirements and building code compliance under AS 46.115 and local implementing ordinances. Imposes minimum base flood elevation (BFE) standards, specialized foundation anchoring to resist flood forces, permafrost insulation protection, and strict limits on fill placement in designated regulatory floodways.

Alaska Statutes Title 46 and AS 29.40; coordinated with federal NFIP criteria under 44 CFR Part 60.

applies when — Parcels located within organized boroughs or unified home-rule municipalities possessing statutory land-use powers

Mandates that parcels comply with municipal master comprehensive plans, zoning classifications, and platting ordinances under AS 29.40. No parcel may be subdivided, partitioned, or legally transferred without prior review and plat approval by the local platting board or municipal authority. Imposes land-use covenants running with the land, setback controls, building density caps, and road dedication requirements.

Alaska Statutes Title 29, Chapter 40 (AS 29.40.010 - AS 29.40.200); delegates comprehensive planning, platting, and zoning powers to first and second class boroughs and home rule municipalities.

applies when — Residential parcels established as part of a common interest community (condominiums, planned unit developments, or homeowners associations) created after January 1, 1986

Statutorily binds parcels to association governing documents, recorded covenants, bylaws, and mandatory assessment dues under AS 34.08.470. Creates an automatic statutory lien on the parcel for unpaid assessments, fines, and late charges without requiring court recordation. Confers a limited 'super-priority' lien status over prior recorded mortgages for up to six months of regular periodic common expense assessments preceding an action to enforce the lien.

Alaska Statutes Title 34, Chapter 08 (AS 34.08.010 - AS 34.08.995); codified under Uniform Common Interest Ownership Act, effective January 1, 1986.

applies when — Parcels subject to natural hazard zones, FEMA Special Flood Hazard Areas, permafrost conditions, contaminated soil/water sites, or historical erosion

Under the mandatory seller property disclosure statutory framework (AS 34.70.050) and state administrative regulations, transferors must disclose whether the parcel is situated in a designated flood zone or erosion boundary, whether flood insurance is required, presence of permafrost or soil subsidence issues, radon, freeze damage vulnerability, or registered environmental contamination. Omission of known latent environmental hazards subjects the transferor to statutory damages and rescission risk.

AS 34.70.010 et seq.; enforced via statutory disclosure schedules mandated by the Alaska Real Estate Commission.

applies when — Parcels encumbered by a mortgage without a power of sale or deeds of trust where the beneficiary elects judicial foreclosure through the superior court

Requires the lender to file a civil lawsuit in superior court to obtain a judgment and decree of foreclosure under AS 09.45.170. If a judicial foreclosure decree and sheriff's sale occur, the mortgagor holds a statutory right of redemption for up to 12 months after the date of confirmation of the sale under AS 09.35.250 by paying the sale price plus interest, taxes, and allowed costs.

Alaska Statutes AS 09.45.170 - 09.45.220 and AS 09.35.210 - AS 09.35.250.

Governs the standard nonjudicial foreclosure mechanism in Alaska. Requires the trustee to record a Notice of Default not less than 30 days after default and at least 90 days before the scheduled foreclosure sale date under AS 34.20.070. The notice must be served via certified mail within 10 days of recording (or personal delivery within 20 days). Public notice of sale must be posted in three public places within 5 miles at least 30 days prior, published in a newspaper once weekly for 4 consecutive weeks, and published online for at least 45 days. Borrowers retain a statutory right of reinstatement by curing defaults prior to the sale (unless two prior notices of default were cured). Under AS 34.20.090, there is no post-sale statutory right of redemption following a nonjudicial foreclosure sale unless specifically provided for in the deed of trust.

AS 34.20.070 - AS 34.20.090 and AS 09.35.140; standard real property security enforcement mechanism in Alaska.

Obligates transferors/sellers to deliver a written disclosure statement in the state-mandated format detailing parcel conditions, structural integrity, operating systems, and material defects before a prospective buyer executes a purchase agreement. Failure to comply affords buyers a statutory right to terminate the contract within a specified statutory window without penalty, and exposes the transferor to civil liability for actual damages caused by willful or negligent misrepresentation.

Alaska Statutes Title 34, Chapter 70 (AS 34.70.010 - AS 34.70.200); governs residential real estate transaction disclosures statewide.

applies when — Residential parcels located within a taxing municipality that has enacted an optional local homestead/residential exemption ordinance pursuant to AS 29.45.050(a)

Allows municipal taxing bodies to exempt a percentage of the assessed value (commonly up to 20%, often capped at $50,000, as implemented in jurisdictions like Anchorage) for owner-occupied primary residences. Formula: Taxable Value = Assessed Value - Min(Cap, Assessed Value * Exemption Rate). Reduces net taxable assessment before the mill rate is applied.

AS 29.45.050(a); local adoption required under state authorizing statute.

applies when — Parcels owned and occupied as a primary residence and permanent place of abode by a resident who is 65 years of age or older, a disabled veteran with a 50% or greater service-connected disability, or a qualifying surviving spouse aged 60 or older

Mandates that municipalities exempt the first $150,000 of assessed property value from ad valorem taxation. Formula: Taxable Value = Max(0, Assessed Value - $150,000). Municipalities may elect by local ordinance to increase the exemption threshold above the $150,000 state minimum. The exemption attaches to the parcel as long as the claimant remains eligible and resides on the property.

AS 29.45.030(e); statewide statutory mandate binding all property-taxing municipal governments.

applies when — Parcels situated within organized boroughs or cities that exercise the authority to levy general property taxes pursuant to AS 29.45

Imposes an ad valorem property tax assessed at 100% full and true value (fair market value assessment ratio of 1.0) under AS 29.45.110. The state does not levy a statewide residential property tax, delegating taxing authority strictly to local municipal governments under Article X, Section 2 of the Alaska Constitution. Tax liability formula: Tax Due = (Assessed Market Value - Applicable Statutory Exemptions) * (Municipal Millage Rate / 1,000). Millage rates are established annually by local borough and city governing assemblies under AS 29.45.240.

Alaska Statutes Title 29, Chapter 45 (AS 29.45.010 - AS 29.45.240); codifies local taxation authority, full-market-value assessment standards, and billing procedures.

applies when — The parcel contains covered multifamily residential dwellings designed and constructed for first occupancy after March 13, 1991 (defined as all dwelling units in buildings with 4 or more units with an elevator, or ground floor dwelling units in buildings with 4 or more units without an elevator).

Imposes mandatory physical structural criteria on the parcel improvements: (1) accessible building entrance on an accessible route, (2) accessible public and common use areas, (3) usable doors for wheelchairs, (4) accessible routes into and through each dwelling unit, (5) light switches, electrical outlets, and environmental controls in accessible locations, (6) reinforced bathroom walls for grab bar installation, and (7) usable kitchens and bathrooms permitting wheelchair maneuvering. Non-conforming improvements require mandatory structural retrofits and subject developers/owners to federal civil actions.

Fair Housing Amendments Act of 1988 (42 U.S.C. 3604(f)(3)(C)); HUD regulations at 24 CFR 100.205.

applies when — The parcel secures a residential mortgage originated before the property owner entered active military service, where the debt is enforced during or within one year after active military service.

Restricts lender foreclosure rights by nullifying any non-judicial foreclosure, sale, or seizure of the residential parcel without a court order or valid written waiver executed by the servicemember during or after active duty. Courts are empowered to stay foreclosure proceedings or adjust loan payments. Foreclosing without a court order constitutes a federal criminal misdemeanor and exposes the lender to civil damages.

50 U.S.C. 3953; codified originally as the Soldiers' and Sailors' Civil Relief Act of 1940, modernized under the Servicemembers Civil Relief Act of 2003 (Pub. L. 108-189).

applies when — The residential parcel is owned by a person or entity that has neglected or refused to pay any assessed federal tax liability (income, gift, estate, or payroll tax) after formal demand.

Under IRC § 6321, a statutory lien arises automatically as of the date of assessment and attaches to all real property owned or acquired by the taxpayer. Upon the IRS filing a Notice of Federal Tax Lien (NFTL) in local county land records under IRC § 6323, it perfects priority against subsequent purchasers, mortgagees, and judgment lien creditors. Rate and computation: The lien secures 100% of the underlying unpaid tax assessment, plus compounding interest under IRC § 6621 (the federal short-term rate plus 3 percentage points) and statutory late-payment penalties under IRC § 6651 (0.5% per month, up to a maximum cap of 25%). No parcel-level homestead exemption exists under federal law against an IRC § 7403 judicial foreclosure or tax collection lien.

Internal Revenue Code (IRC) §§ 6321, 6322, 6323.

applies when — The parcel is improved with target residential housing built before 1978 undergoing renovation, repair, or painting activities for compensation that disturb more than 6 sq. ft. of interior painted surface or 20 sq. ft. of exterior painted surface.

Legally prohibits uncertified contractors from performing qualifying physical alterations on the home. Contractors must be EPA-certified and adhere to specific lead-safe containment, containment plastic barriers, HEPA vacuuming, and cleaning verification protocols. Imposes strict recordkeeping burdens and exposes property alterations to federal administrative stop-work orders and civil fines for uncontained lead dust contamination.

Promulgated under TSCA § 402(c)(3) (15 U.S.C. 2682); codified at 40 CFR Part 745, Subpart E; fully effective April 22, 2010.

applies when — The parcel contains wetlands, streams, or waterways that meet the definition of 'Waters of the United States' (WOTUS) as delineated under the Clean Water Act.

Prohibits the discharge of dredged or fill material into jurisdictional wetlands or waters without a permit issued by the U.S. Army Corps of Engineers (USACE). Restricts residential site grading, driveway installation, structural foundation expansion, or shoreline bulkheading; unauthorized fill mandates compulsory site restoration and subjects parcel owners to civil penalties exceeding $50,000 per day under 33 U.S.C. 1319.

Federal Water Pollution Control Act (Clean Water Act), 33 U.S.C. 1344; current delineation criteria governed in accordance with Sackett v. EPA (2023) and conforming federal rulemaking (40 CFR Part 120 / 33 CFR Part 328).

applies when — The residential parcel is listed in or eligible for listing in the National Register of Historic Places, or lies within an eligible historic district, and involves an action subject to federal agency funding, permitting, licensing, or mortgage assistance (e.g., HUD/FHA, VA, USDA, or USACE permits).

Federal agencies must assess adverse effects on historic resources prior to approving loans, grants, or permits. Parcel alterations, demolitions, or rehabilitation programs that receive federal assistance are subjected to binding Section 106 consultation with the State Historic Preservation Officer (SHPO) and must adhere to the Secretary of the Interior's Standards for the Treatment of Historic Properties, restricting unapproved structural modifications or exterior elevation changes.

National Historic Preservation Act of 1966 (54 U.S.C. 306108, formerly 16 U.S.C. 470f); regulations codified at 36 CFR Part 800.

applies when — The parcel is being purchased or refinanced using FHA-insured Title II financing under the National Housing Act.

Restricts financing eligibility based on parcel and structural criteria: (1) County Loan Limits cap the maximum insurable mortgage balance per parcel based on local median housing costs (ranging from a federal statutory floor of 65% of the national conforming limit up to a statutory ceiling of 150%). (2) Imposes mandatory HUD Minimum Property Standards (MPS; HUD Handbook 4000.1 / 24 CFR Part 200) requiring mandatory appraisal repair escrows or seller cures for deficiencies regarding structural soundness, safety, soil stability, drainage, well/septic separation buffers, and lead paint encapsulation before loan endorsement.

National Housing Act of 1934, as amended (12 U.S.C. 1709); annual loan limit updates promulgated under the Housing and Economic Recovery Act of 2008 (HERA).

applies when — The parcel constitutes a U.S. Real Property Interest (USRPI) transferred or disposed of by a 'foreign person' (non-resident alien individual, foreign corporation, foreign partnership, or foreign trust/estate).

Imposes an absolute statutory obligation on the transferee/buyer to withhold gross tax from the total amount realized (purchase price) upon disposition and remit it to the IRS within 20 days using Forms 8288 and 8288-A. Rate structure and formula: Base statutory withholding rate is 15% of the gross sales price. Residential personal residence exemption computation: (1) If the gross sales price does not exceed $300,000 AND the buyer (or family member) intends to use the parcel as a personal residence for at least 50% of days used during each of the first two 12-month periods, the withholding rate is 0%. (2) If the gross sales price exceeds $300,000 but does not exceed $1,000,000 and meets the same personal residence test, the withholding rate is reduced to 10% of the gross sales price. (3) For all sales exceeding $1,000,000, or where the buyer does not satisfy the personal residence requir

Internal Revenue Code (IRC) § 1445; enacted via the Foreign Investment in Real Property Tax Act of 1980, with standard rate increased from 10% to 15% pursuant to the PATH Act of 2015.

applies when — The parcel is improved with 'target housing,' defined as any residential dwelling constructed prior to 1978, except housing for the elderly or persons with disabilities (unless a child under age 6 resides or is expected to reside there) or 0-bedroom dwellings.

Before a purchaser or lessee becomes obligated under any contract to buy or lease, the seller or landlord must: (1) provide an EPA-approved lead hazard information pamphlet ('Protect Your Family From Lead In Your Home'), (2) disclose any known lead-based paint or hazards and provide all available records/evaluations, (3) attach a federal Lead Warning Statement and disclosure certification to the contract, and (4) afford buyers a mandatory 10-day mutual inspection period (waivable in writing) to conduct a risk assessment. Failure to comply exposes violators to civil liability, statutory treble damages, and administrative penalties up to statutory maximums per violation.

Enacted under Title X of the Housing and Community Development Act of 1992 (42 U.S.C. 4852d), implemented jointly by EPA and HUD at 40 CFR Part 745 / 24 CFR Part 35.

applies when — The parcel contains an insurable improved structure or manufactured home located within a FEMA-designated Special Flood Hazard Area (SFHA; 100-year floodplain / 1% annual chance of flood, Zones A or V) in a participating NFIP community, securing a loan made, increased, extended, or renewed by a federally regulated lender or federal agency lender.

Mandates the continuous purchase and maintenance of flood insurance coverage for the term of the mortgage in an amount at least equal to the lesser of: (1) the outstanding principal balance of the loan, (2) the maximum insurable value under the NFIP ($250,000 for residential 1–4 family structures), or (3) the maximum insurable replacement cost value of the structure. If the borrower fails to maintain coverage, the lender must force-place flood insurance at the borrower's expense.

Enacted under the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a), significantly strengthened by the National Flood Insurance Reform Act of 1994 and the Biggert-Waters Flood Insurance Reform Act of 2012.