11 AAC 110.050. State agency authority and responsibility

(a) Nothing in this chapter displaces or diminishes the authority of a state agency with respect to coastal uses and resources under that agency's own statutory and regulatory authorities.

(b) As provided in this chapter, a state resource agency shall issue authorizations in conformity with the enforceable policies of approved district coastal management plans and the statewide standards.

(c) In accordance with AS 46.39, AS 46.40.096 (b), and 11 AAC 110.200 - 11 AAC 110.270, a resource agency shall, except as provided in 11 AAC 110.040(c) , serve as the coordinating agency for a consistency review and render the consistency determination for a project that

(1) requires one or more authorizations from only that resource agency; and

(2) does not require a federal consistency determination or federal consistency certification.

(d) Except as provided in AS 46.40.096 (g), a resource agency may not issue an authorization for an activity that is part of a project that is subject to a consistency review unless the coordinating agency issues a final consistency determination that concurs with the applicant's consistency certification.

(e) Following issuance of a final consistency determination, a resource agency may not include an additional alternative measure on the agency's authorization unless that measure was included in the final consistency determination. Additional stipulations or conditions not necessary to achieve consistency under this chapter may be added under an agency's own statutory or regulatory authority.

(f) Except for a disposal of an interest in state land, if a final consistency determination concurs with the applicant's consistency certification, a resource agency shall issue an authorization necessary for a project within five days after the resource agency issues or receives the final consistency determination, unless the resource agency considers additional time is necessary to fulfill the resource agency's statutory or regulatory requirements.

(g) If a final consistency determination concurs with the applicant's consistency certification, and after the department issues or receives the final consistency determination, the department will authorize a disposal of an interest in state land at the time and in the manner provided by applicable statutory or regulatory requirements.

(h) If a project requires one or more authorizations from only a single resource agency, the resource agency may incorporate a consistency determination into the resource agency's authorization document for a project if, for the part of the document that is the consistency determination, a consistency review is conducted and the consistency determination is rendered in accordance with AS 46.40 and 11 AAC 110.200 - 11 AAC 110.270.

(i) Notwithstanding having concurred in a final consistency determination for a project, a resource agency may deny approval of an authorization application for the project under that agency's own statutory and regulatory authorities.

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

Authority: AS 46.39.010

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