Title 11 . Natural Resources

Chapter 114 . District Coastal Management Plan Requirements

Section 345. Transition

11 AAC 114.345. Transition

(a) Notwithstanding another provision of 11 AAC 114.300 - 11 AAC 114.385, only this section and 11 AAC 114.350 - 11 AAC 114.360 govern the review procedures for amendments to an approved district plan in effect on July 1, 2004 that are required to satisfy sec. 47(a), ch. 24, SLA 2003, as amended by sec. 17, ch. 31, SLA 2005.

(b) District plan amendments under this section are limited to

(1) a revision, addition, or deletion to the issues, goals, and objectives to meet 11 AAC 114.200, if the changes improves clarity or specificity or reflects the district's current views;

(2) a revision to the organization element to meet 11 AAC 114.210;

(3) a revision, an addition, or a deletion to the resource inventory developed under 11 AAC 114.230;

(4) a revision, an addition, or a deletion to the resource analysis to meet 11 AAC 114.240;

(5) a revision, an addition, or a deletion to the uses, activities, and resources subject to the plan to meet 11 AAC 114.250;

(6) a revision, an addition, or a deletion to the proper and improper uses and activities subject to the plan to meet 11 AAC 114.260;

(7) a revision, addition, or deletion to an enforceable policy to meet 11 AAC 114.270;

(8) a revision, addition, or deletion of a boundary map or description to meet 11 AAC 114.270(g) ;

(9) a revision, addition, or deletion of

(A) a local ordinance; or

(B) a reference to a state or federal statute or regulation that is contained within an appendix of a district plan;

(10) a revision, addition, or deletion to the implementation methods or authorities included in the district plan to meet 11 AAC 114.280;

(11) an alteration of a district's coastal zone boundary within the municipal corporate boundary if the district designates the initial biophysical coastal zone boundary, as provided in 11 AAC 114.220(b) , as the final coastal zone boundary for any new areas.

(c) In developing plan amendments under this section, a district shall

(1) consult with state and federal agencies that have authority for the subject matter addressed in the district policies to be amended; this consultation must be coordinated with the office;

(2) develop draft plan amendments that meet the requirements of AS 46.40 and this chapter;

(3) provide at least a 21-day public review and comment period on the draft plan amendments and maintain a list of persons that provided comments;

(4) obtain a resolution of support for the changes from the coastal resources service are board for the district, municipal planning commission, or governing body, as applicable; and

(5) obtain a resolution of support for the changes from a city council or traditional village council, if the city or village, as applicable, is located within a coastal resource service area and is affected by the district plan amendments.

(d) No later than March 1, 2006, a district developing plan amendments under this section shall submit a request to the office to review and approve those amendments. The request must include

(1) a complete draft of each plan amendment that has been prepared to meet the requirements of AS 46.40 and this chapter

(2) documentation of the consultation with state and federal agencies under (c)(1) of this section;

(3) the resolution of support for the changes from the coastal resource service area board for the district, municipal planning commission, or governing body, as applicable, obtained under (c)(4) of this section;

(5) the resolution of support for the changes from a city council or traditional village council obtained under (c)(5) of this section, if the city or village, as applicable, is located within a coastal resource area is affected by the district plan amendments; and

6) the list of parties that provided comments during the public review and comment period maintained under (c)(3) of this section.

(e) Within 30 days of receiving a request under (d) of this section, the office shall determine whether the request is complete and notify the district accordingly. If the request is not complete, the office shall inform the district what information or documentation is necessary to complete the request.

(f) Within 30 days of receiving the office's notification that a request under (d) of this section is incomplete, the district shall provide the office with the necessary information or documentation identified by the office.

(g) Within 60 days after receipt of a complete submission under (d) or (f) of this section, the office shall

(1) coordinate a plan amendment review of the request and any supporting material submitted by the district with state and federal agencies and any other district that has indicated an interest in the request for plan amendments;

(2) prepare an analysis of the request for plan amendments against the requirements of AS 46.40, 11 AAC 112, 11 AAC 114.200 - 11 AAC 114.290, and this section, with a preliminary recommendation that the commissioner

(A) approve the request in whole or in part;

(B) approve the request if the district makes each change that the office considers necessary to comply with the requirements of AS 46.40, 11 AAC 112, 11 AAC 114.200 - 11 AAC 114.290, and this section;

(C) identify the request in whole or in part as outside the scope of amendments under this section; and

(3) issue a notice informing the public of the availability of the proposed plan amendments and the office's analysis and preliminary recommendation, as well as notice of the opportunity for public participation under (h) of this section; notice shall be given

(A) to any person who

(i) has requested that notice in writing;

(ii) commented during the public review and comment period provided under (c)(3) of this section; or

(iii) is on the list required by (d)(6) of this section; and

(B) through advertisement in a newspaper of general circulation within the district.

(h) The office shall provide a 30 day period for review and comment on the proposed plan amendments and the office's analysis and preliminary recommendations.

(i) The district may modify the proposed plan amendments to address the recommendations identified in the office's analysis and preliminary recommendations.

(j) Within 30 days after the close of the public review and comment period provided under (h) of this section, the office shall

(1) consider timely comments and attempt to negotiate resolution of any issues with the district; and

(2) submit a final recommendation to the commissioner.

(k) Within 15 days after receiving the final recommendation of the office, the commissioner will

(1) approve the request for plan amendments in whole or in part;

(2) approve the request if the district makes each change that the office considers necessary to comply with the requirements of AS 46.40, 11 AAC 112, 11 AAC 114.200 - 11 AAC 114.290, and this section; or

(3) determine that all or part of the request is outside the scope of amendments under (b) of this section and require that those amendments undergo a significant amendment review under 11 AAC 114.300 - 11 AAC 114.360; or

(4) disapprove the request in whole or in part.

( l ) The office shall distribute a copy of the commissioner's decision to each person identified in (g)(3)(A) of this section and to each other person who has requested a copy of the decision in writing.

(m) The office may extend a deadline contained in (e) - (k) of this section for good cause.

(n) Under sec. 47(c), ch. 24, SLA 2003, the deadline established in AS 46.40.070 (b) does not apply to an amendment subject to this section.

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 46.40.060

AS 46.40.070

AS 46.40.180

Sec. 47(c), ch. 24,

SLA 2003

Sec. 17, ch. 31,

SLA 2005