11 AAC 114.430. Areas which merit special attention outside districts

(a) After satisfying the meeting requirements imposed upon a district under 11 AAC 114.300(a) , a person may recommend to the office that an area within the coastal zone but outside a coastal resource district be designated as an area which merits special attention.

(b) A recommendation to the office for an area which merits special attention outside a district must be submitted to the office and must include

(1) the basis for designation;

(2) a map showing the geographical location of the area, a legal and narrative description of the area's boundaries, and a justification for the size of the area;

(3) a summary of the resource values and use conflicts, if any, in the area;

(4) a statement of the purpose and objectives to be met through a plan for an area which merits special attention;

(5) a tentative schedule for completion of planning tasks and reviews;

(6) the source of financing for developing the area which merits special attention plan;

(7) a list of persons with interests in or adjacent to the proposed area who may be affected by the proposed designation and a description of how these persons would be involved in plan development;

(8) a letter commenting on the proposed area from

(A) a state agency that would implement the plan for that area; or

(B) a district, state agency, or federal agency that is interested, or identified as interested, in the development of that plan;

(9) a written summary of the issues discussed and the participants involved in the meeting that the person recommending the area which merits special attention outside of a district is required to satisfy under (a) of this section; and

(10) an analysis showing that a plan for an area which merits special attention is the planning and management mechanism that the state agencies responsible for implementation prefer for meeting the objectives of the proposal and the program.

(c) A plan for an area which merits special attention outside a district must preserve, protect, enhance, or restore each value for which the area is designated.

(d) Upon receipt of a recommendation for designation of an area which merits special attention outside of a district, the office shall give notice of a public hearing on the recommendation. In addition to providing public notice of that hearing, the office shall give direct notice to each person identified under (b)(7) of this section. The office shall make the recommendation available for public inspection at the time of the public notice.

(e) The office shall detail the office's reasons and either authorize additional planning for the area which merits special attention or reject the recommendation. The office's authorization of additional planning does not constitute approval of or financing for a final plan for that area.

(f) If the office authorizes additional planning under this section, the office shall

(1) provide public notice by advertisement in a newspaper of general circulation in the affected area and in one of general circulation in the state; and

(2) with assistance from the person recommending the designation, compile a mailing list of state and federal agencies, interested cities and villages, landowners, and other interested persons and notify each person on the list that development of a plan may occur for the area which merits special attention outside a district.

(g) A plan for an area which merits special attention outside a district must

(1) contain the district plan elements described in 11 AAC 114.200 - 11 AAC 114.290; and

(2) include the information required under (b) of this section.

(h) Designation of an area which merits special attention outside a district and the development of a plan for that area must be in accordance with the procedures for approval of a district plan or significant amendment to a district plan, as described in 11 AAC 114.305 - 11 AAC 114.320 and 11 AAC 114.330. For the purposes of those sections, the person recommending the designation of the area must meet each requirement that a district would have to meet under those sections,

(1) except that submission of the concept-approved draft under 11 AAC 114.330 occurs without conceptual approval by resolution under (a) of that section; and

(2) unless the context of 11 AAC 114.305 - 11 AAC 114.320 or 11 AAC 114.330 indicates otherwise.

(i) The commissioner will approve or disapprove the designation of and plan for an area which merits special attention outside a district. The provisions of 11 AAC 114.335 apply to a decision under this subsection. Within 30 days after commissioner approval, the office shall submit that designation and plan for federal review as described in 11 AAC 114.355. The designation of and plan for that area takes effect as part of the program 30 days after the lieutenant governor files the commissioner's decision approving the designation of and plan for that area.

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

Authority: AS 46.39.010

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