Title 11 . Natural Resources

Chapter 114 . District Coastal Management Plan Requirements

Section 330. Development, coordination, and public review of concept-approved drafts

11 AAC 114.330. Development, coordination, and public review of concept-approved drafts

(a) A district shall conceptually approve the district plan before submitting the plan to the office. Conceptual approval must be by resolution of

(1) the governing body of a municipality that is a district; or

(2) the board of a district that is a coastal resource service area.

(b) As soon as practicable after conceptually approving the district plan, the district shall submit to the office, and to state agencies that the office identifies as interested in that district plan,

(1) the concept-approved draft;

(2) the name and address, if known, of each person who provided a written comment during the review and comment period under 11 AAC 114.310(d) or testified at a public hearing under 11 AAC 114.310(f) ; and

(3) a copy of the comments submitted and the district's response to the comments and testimony required by 11 AAC 114.320(c) (4)(B).

(c) No later than 21 days after a state agency receives the concept-approved draft, the state agency may comment on the draft to the office and the district. To be considered by the office, a state agency must focus the agency's comment on an element of the plan that has changed since the review under 11 AAC 114.310 - 11 AAC 114.325, or to which the state agency objected in comments submitted under 11 AAC 114.315.

(d) Within 15 days following the end of the period for state agency comments under (c) of this section, the office shall prepare proposed findings and conclusions on the concept-approved draft. The proposed findings and conclusions represent the tentative position of the state on the concept-approved draft, and the office shall prepare the proposed findings and conclusions in consultation with the state agencies that commented. The office shall coordinate among state agencies and the district to resolve a significant difference between the state agency comments and the concept-approved draft.

(e) Following completion of the proposed findings and conclusions by the office,

(1) as soon as practicable and unless otherwise agreed by the office and the district, the district shall distribute the

(A) concept-approved draft;

(B) proposed findings and conclusions; and

(C) copies of the district's responses required by 11 AAC 114.320(c) (4)(B) to all comments and testimony; and

(2) the district may distribute the material described in (1) of this subsection only after providing the office, for review and approval, a mailing list of the persons described in (f) of this section.

(f) The material described in (e)(1) of this section must be distributed to

(1) each person who provided comments during the review and comment period under 11 AAC 114.310(d) or testified at a public hearing under 11 AAC 114.310(f) ;

(2) each person that the district or office identifies as having a significant interest in the district plan;

(3) each city or village within a coastal resource service area that commented under 11 AAC 114.315 or 11 AAC 114.325; and

(4) each state agency that commented under 11 AAC 114.315 or (c) of this section.

(g) An interested person may comment on the material distributed under (f) of this section. For the office to consider comments from that interested person,

(1) the office must receive the comments within 21 days following the date set for distribution of that material; the office may extend the comment period as appropriate; and

(2) a comment must focus on an element of the plan that has changed since the review under 11 AAC 114.310 - 11 AAC 114.325, or to which the commentor objected in those comments that the commentor had previously submitted.

(h) Within 15 days following the comment deadline under (g) of this section, the office shall

(1) determine whether the final concept-approved draft meets the requirements of 11 AAC 114.200 - 11 AAC 114.290;

(2) consider the comments received under (g) of this section and consult with the district to resolve any significant differences between the requirements of AS 46.40.030 , AS 46.40.040 , and this chapter and the district plan;

(3) prepare final findings and conclusions as the office's recommendation to the commissioner on the plan; and

(4) distribute the final findings and conclusions and the supporting materials as provided in 11 AAC 114.335(b) .

(i) If the office and the district cannot resolve an outstanding issue, or a coastal resource service area does not agree with the change required by a resolution submitted by a city or village in accordance with 11 AAC 114.325(c) , the district may request in the district's response to the office's final findings and conclusions that the commissioner consider the issue and any recommendation presented by the district on the issue. The commissioner will review the district's recommendation as part of the commissioner's review of the district plan or significant amendment as described in 11 AAC 114.335(e) and (f).

(j) With the agreement of the district, the office may extend the deadlines in this section.

History: Eff. 7/1/2004, Register 170

Authority: AS 46.39.010

AS 46.39.030

AS 46.39.040

AS 46.40.030

AS 46.40.040

AS 46.40.060

AS 46.40.070

AS 46.40.180