11 AAC 114.270. District enforceable policies

(a) The enforceable policies of a district are legally binding and provide the basis for a determination of consistency with the district plan. A district plan may include only enforceable policies developed under AS 46.40.030 , AS 46.40.040 , and this chapter that will be applied to the subject uses, activities, and resources identified in the district plan under 11 AAC 114.230 and 11 AAC 114.250. District enforceable policies must

(1) address only uses and activities identified in 11 AAC 112.200 - 11 AAC 112.240 and 11 AAC 112.260 - 11 AAC 112.280 and areas designated under 11 AAC 114.250(b) - (i); and

(2) meet the requirements of this section.

(b) A district plan must clearly identify each district enforceable policy. Except for a boundary map or description developed under (g) of this section, district enforceable policies must be located in a single section of the district plan.

(c) Except as provided in (d) of this section, a district may not adopt enforceable policies that duplicate, restate, or incorporate by reference statutes or administrative regulations adopted by state or federal agencies, including 11 AAC 112.

(d) Unless a district can demonstrate that a matter is of local concern as defined in AS 46.40.070 (a)(2)(C), a district may not adopt, and the commissioner will not approve, an enforceable policy that addresses matters included in the statewide standards contained in 11 AAC 112.200 - 11 AAC 112.240 and 11 AAC 112.260 - 11 AAC 112.280.

(e) A district enforceable policy must

(1) be clear and concise as to the activities and persons affected by the policy and the requirements of the policy;

(2) use precise, prescriptive, and enforceable language;

(3) not address a matter regulated or authorized by state or federal law unless the enforceable policy relates to a matter of local concern as defined in AS 46.40.070 (a)(2)(C); and

(4) not arbitrarily or unreasonably restrict or exclude uses of state concern.

(f) In accordance with AS 46.40.040 (b), a district may not address a matter regulated by the Department of Environmental Conservation under AS 46.03, AS 46.04, AS 46.09, and AS 46.14 and the regulations adopted under those statutes.

(g) For an area designated by a district under 11 AAC 114.250(b) - (i), for a special area management plan developed under 11 AAC 114.400, or for an area which merits special attention inside a district developed under 11 AAC 114.420, a district may adopt enforceable policies that will be used to determine whether a specific land or water use or activity will be allowed. An area subject to these policies must be described or mapped at a scale sufficient to determine whether a use or activity is located within the area. A description or map developed under this subsection must be referenced in the applicable enforceable policy and is an enforceable component of the district plan.

(h) In reviewing and approving a district enforceable policy developed under this chapter that addresses a matter of local concern as defined in AS 46.40.070 (a)(2)(C), the commissioner must find that

(1) the coastal use or resource

(A) is within a defined portion of the district's coastal zone that has been mapped or described under 11 AAC 114.230(c) (l);

(B) has been demonstrated as sensitive to development in the resource analysis developed under 11 AAC 114.240(a) ;

(C) is not adequately addressed by state or federal law, including consideration of comments by the appropriate state or federal agency in comments on the public hearing draft under 11 AAC 114.315 or during consultation under 11 AAC 114.340(c) (5); and

(D) is of unique concern to the coastal resource district as demonstrated by local usage or scientific evidence that has been documented in a resource analysis under 11 AAC 114.240(c) ; and

(2) the language and subject matter of the enforceable policies meets the requirements of (e) of this section.

(i) Notwithstanding any contrary provision of (e)(3) of this section, enforceable policies contained in a district plan approved by the former Coastal Policy Council under former 6 AAC 85.195 - 6 AAC 85.225 and in effect on July 1, 2004, satisfy the requirements of AS 46.40.070 (a)(2)(C)(i) and (iii). However, those enforceable policies must be revised as appropriate to meet all other requirements of AS 46.40.030 and 46.40.070.

History: Eff. 7/1/2004, Register 170; am 10/29/2004, Register 172

Authority: AS 46.39.010

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