Title 11 . Natural Resources

Chapter 110 . District Coastal Management Plan Requirements

Section 990. Definitions

11 AAC 110.990. Definitions

(a) In this chapter, unless the context indicates otherwise,

(1) "A List" means the list of categorically consistent determinations contained in Volume I of the List of Expedited Consistency Reviews and State Authorizations Subject to the ACMP, published by the office and adopted by reference in 11 AAC 110.710;

(2) "affected coastal resource district" has the meaning given in AS 46.40.096 (q);

(3) "alternative measure" means a modification to a project that, if adopted by the applicant, would achieve consistency with the enforceable policies of the program;

(4) "applicant" means a person who submits

(A) an application for a resource agency or federal authorization; or

(B) an OCS plan to the United States Secretary of the Interior;

(5) "approved plan" means a

(A) district coastal management plan approved by the department under AS 46.40 and 11 AAC 114 and in effect as provided under 11 AAC 114.360; and

(B) district coastal management program approved by the former Coastal Policy Council and in effect under sec. 46(c), ch. 24, SLA 2003, as amended by sec. 16, ch. 31, SLA 2005;

(6) "authorization" means

(A) a permit, license, authorization, certification, approval, or other form of permission that a resource agency is empowered to issue to an applicant and that is identified in the C List; for purposes of this subparagraph, "authorization" does not include a notice of intent required to obtain a general permit reviewed and approved under this chapter; and

(B) a federal permit or license within the meaning given in 15 C.F.R. 930.51;

(7) "B List" means the list of generally consistent determinations contained in Volume I of the List of Expedited Consistency Reviews and State Authorizations Subject to the ACMP, published by the office and adopted by reference in 11 AAC 110.730;

(8) "C List" means the list of resource agency authorizations that authorize activities that may have a reasonably foreseeable direct or indirect effect on a coastal use or resource contained in Volume I of the List of Expedited Consistency Reviews and State Authorizations Subject to the ACMP, published by the office and adopted by reference in 11 AAC 110.750;

(9) "coastal project questionnaire" means the questionnaire developed by the office under 11 AAC 110.030(c) ;

(10) "coastal resource district" has the meaning given in AS 46.40.210 ;

(11) "coastal use or resource" has the meaning given in AS 46.40.210 ;

(12) "coastal zone" has the meaning given in AS 46.40.210 ;

(13) "'commissioner" means the commissioner of the department;

(14) "consistency certification" means a declaration by an applicant, supported by the necessary data and information, that a proposed project complies with the enforceable policies of the program and that the project will be conducted in a manner consistent with the program;

(15) "consistency determination" means a document rendered by a coordinating agency that indicates whether a proposed project is consistent or inconsistent with the program; "consistency determination"

(A) includes a consistency response;

(B) does not include a federal consistency determination;

(16) "consistency response" means the response rendered by the office under

(A) 11 AAC 110.300 - 11 AAC 110.355 to a federal consistency determination; or

(B) 11 AAC 110.400 - 11 AAC 110.455 to a federal consistency certification;

(17) "consistency review" has the meaning given in AS 46.40.210 ;

(18) "coordinating agency"

(A) means the agency responsible for coordinating a consistency review and rendering a proposed or final consistency determination under AS 46.39.010 (a) and AS 46.40.096 ; and

(B) has the meaning given "reviewing entity" in AS 46.40.096 (q);

(19) "cumulative impacts" means reasonably foreseeable effects on a coastal use or resource that result from the incremental impact of an individual project when viewed together with the impacts of past and currently authorized projects;

(20) "de minimis impact" means an insignificant

(A) direct effect on a coastal use or resource; or

(B) indirect effect, whether cumulative or secondary, on a coastal use or resource;

(21) "department" has the meaning given in AS 46.39.900 ;

(22) "disposal of an interest in state land" means the sale, lease, or other disposition of state-owned or state-managed land or resources by the department;

(23) "district" has meaning given "coastal resource district" in AS 46.40.210 ;

(24) "district enforceable policy" means a provision contained in a district plan that either has been approved by the commissioner under 11 AAC 114 or was approved by the former Coastal Policy Council under former 6 AAC 85 and remains in effect under sec. 46(c), ch. 24, SLA 2003, as amended by sec. 16, ch. 31, SLA 2005, except for a provision that addresses any matter regulated by the Department of Environmental Conservation, or that duplicates, restates, or incorporates by reference statutes and administrative regulations adopted by state or federal agencies; "district enforceable policy" includes

(A) the definition of a term used in the provision; and

(B) a boundary map or boundary description developed by a district and incorporated into the district plan to identify the area within the district that is subject to a specific provision of the plan;

(25) "due deference" means that deference that is appropriate in the context of

(A) the commentor's expertise or area of responsibility; and

(B) all the evidence available to support any factual assertions of the commentor;

(26) "elevation" means a subsequent review under AS 46.40.096 (d)(3) of a proposed consistency determination;

(27) "enforceable policy" has the meaning given in AS 46.40.210 ; "enforceable policy" includes

(A) policies adopted by the former Coastal Policy Council and set out at 6 AAC 80.040 - 6 AAC 80.900 to the extent applicable under 11 AAC 112.010; and

(B) district enforceable policies;

(28) "federal consistency certification" means a consistency certification that

(A) an applicant for a required federal license or permit provides to the office in accordance with 16 U.S.C. 145 6(c)(3)(A) (Coastal Zone Management Act) and 15 C.F.R. 930.57 - 930.58; or

(B) is provided to the office, in accordance with 16 U.S.C. 1456(c)(3)(B) (Coastal Zone Management Act) and 15 C.F.R. 930.76, by a person who submits an OCS plan to the United States Secretary of the Interior;

(29) "federal consistency determination" means a submission that a federal agency provides to the office, in accordance with 16 U.S.C. 1456(c)(1) - (2) (Coastal Zone Management Act) and 15 C.F.R. 930.36 - 930.40, to indicate whether a federal agency activity will be undertaken in a manner consistent, to the maximum extent practicable, with the enforceable policies of the program;

(30) "general permit" means an authorization that covers a group of similar facilities or activities subject to standard requirements;

(31) "nationwide permit" means a federal permit or authorization for a general class of activities throughout the United States; "nationwide permit" includes Army Corps of Engineers nationwide permits under 33 U.S.C. 1344 (Clean Water Act) and U.S. Environmental Protection Agency nationwide permits under 33 U.S.C. 1342 (Clean Water Act);

(32) "OCS plan" has the meaning given in 15 C.F.R. 930.73;

(33) "office" means the office of project management and permitting within the department;

(34) "Office of Ocean and Coastal Resource Management" means the Office of Ocean and Coastal Resource Management within the National Oceanic and Atmospheric Administration of the United States Department of Commerce;

(35) "person" has the meaning given in 11 AAC 114.990;

(36) "program" means the Alaska coastal management program, as set out in AS 46.39, AS 46.40, this chapter, 11 AAC 112, 11 AAC 114, and the program's enforceable policies;

(37) "project" has the meaning given in AS 46.40.210 ;

(38) "reasonably foreseeable" means a fact-specific determination of whether something can reasonably be foreseen; "reasonably foreseeable" does not include remote or speculative consequences;

(39) "render" has the meaning given in AS 46.39.010 ;

(40) "resource agency" has the meaning given in AS 46.39.010 ;

(41) "review participant" means a resource agency, a state agency that has requested participation in a consistency review, and an affected coastal resource district;

(42) "statewide standards" means

(A) until the date the commissioner certifies to the lieutenant governor under 11 AAC 112.010 that the United States Department of Commerce has approved, under 16 U.S.C. 1455(e), the standards of 11 AAC 112.200 - 11 AAC 112.990, the standards set out in 6 AAC 80.040 - 6 AAC 80.900; and

(B) after the date described in (A) of this paragraph, the standards set out in 11 AAC 112.200 - 11 AAC 112.990;

(43) "subsequent review" means a review under AS 46.40.096 (d)(3) of a proposed consistency determination.

(b) For purposes of AS 46.40.096 (q)(1) and this chapter, "direct and significant impact" means an impact that contributes to a material change in or alteration of natural, social, cultural, or economic characteristics of a coastal use or resource.

(c) In AS 46.39.010 (a),

(1) "conclusive state consistency determination" means a final consistency determination as described in AS 46.40 and this chapter;

(2) "federal consistency certification" means a consistency response rendered under 11 AAC 110.400 - 11 AAC 110.455;

(3) "federal consistency determination" means a consistency response rendered under 11 AAC 110.300 - 11 AAC 110.355.

History: Eff. 7/1/2004, Register 170; am 6/1/2005, Register 175

Authority: AS 46.39.010

AS 46.39.030

AS 46.39.040

AS 46.40.040

AS 46.40.096