11 AAC 114.335. Commissioner review of final findings and conclusions and concept-approved drafts of district plans

(a) A district plan and significant amendment must be approved by the commissioner.

(b) The office shall distribute to the commissioner and, as applicable, each person who makes a written request for that material, each person who testified at a public hearing under 11 AAC 114.310(f) or presented written comments during the review and comment period under 11 AAC 114.310(d) , and each city or village that submitted comments under 11 AAC 114.325 the following:

(1) the concept-approved draft;

(2) the office's final findings and conclusions;

(3) the district's recommendation under 11 AAC 114.330(i) , if any, in response to the office's final findings and conclusions;

(4) the comments received during the comment period described in 11 AAC 114.330(g) ;

(5) the office's response to the comments received during the comment period described in 11 AAC 114.330(g) ; and

(6) the comments and the district's response to those comments as described in 11 AAC 114.320(c) (4).

(c) If an item for distribution, as described in this (b) of this section, was previously distributed by the district or the office under 11 AAC 114.330(e) and has not been amended, the office need not redistribute that item to a recipient.

(d) The office shall give notice of the availability of the material described in (b) of this section to each person who has requested notice in writing and through advertisement in a newspaper of general circulation in the district.

(e) Subject to (f) of this section, within 15 days of the distribution of the material described in (b) of this section, the commissioner will approve or disapprove the district plan or significant amendment, in whole or in part, and issue a decision with findings and conclusions based on the information distributed by the office under (b) of this section and relevant portions of the record file described in 11 AAC 114.300. The commissioner may adopt the findings and conclusions of the office by reference.

(f) If a coastal resource service area has submitted a recommendation under 11 AAC 114.330(i) , and if that recommendation differs from the new matter that a city or village within that coastal resource service area has requested under 11 AAC 114.325, then in order for the commissioner to approve the coastal resource service area's recommendation, the coastal resource service area must demonstrate that the new matter requested by the city or village is not substantially consistent with the guidelines and standards contained in AS 46.40, this chapter, 11 AAC 112, or the district plan.

(g) With the agreement of the district, the commissioner may extend the time for the commissioner's action under (e) of this section.

(h) The office shall distribute the commissioner's decision to the persons identified in (b) of this section and to each person who has requested a copy of the decision in writing. The office shall publish notice of the commissioner's decision in a newspaper of general circulation in the district.

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

Authority: AS 46.39.010

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