11 AAC 110.265. Time for issuance of a final consistency determination

(a) Except as provided in (b) of this section, a consistency review under 11 AAC 110.200 - 11 AAC 110.270 shall be completed within 90 days after receipt of a complete application or the activity subject to review will be conclusively presumed to be consistent with the applicable enforceable policies of the program.

(b) The time limitation in (a) of this section

(1) does not apply to a consistency review involving the disposal of an interest in state land or resources;

(2) is suspended

(A) from the time the coordinating agency determines that the applicant has not adequately responded in writing within 14 days after receipt of a written request from the coordinating agency for additional information under 11 AAC 110.240, until the time the coordinating agency determines that the applicant has provided an adequate written response;

(B) during a period of time requested by the applicant;

(c) Subject to (a) and (b) of this section, and except as otherwise provided in (d) of this section or as modified under 11 AAC 110.270(a) , the final consistency determination shall be issued on or before Day 30 in a 30-day consistency review or Day 50 in a 50-day consistency review.

(d) The final consistency determination shall be issued

(1) five days after the proposed consistency determination is issued, so long as the coordinating agency does not receive a timely request for an elevation under 11 AAC 110.600(a) ;

(2) no later than 45 days after an elevation is requested under 11 AAC 110.600(a) .

(e) A consistency review and determination for those activities of a project not excluded under AS 46.40.096 (g) may not be delayed or withheld pending issuance of the authorizations referred to in AS 46.40.096 (g), but shall proceed regardless of the status of those authorizations.

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

Authority: AS 46.39.010

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