11 AAC 110.500. Public notice

(a) Public notice must be provided for the consistency review of a project.

(b) To provide sufficient public notice of a consistency review, a notice must

(1) comply with the requirements of AS 46.40.096 (c);

(2) solicit comments to be addressed and submitted to the coordinating agency regarding the project's consistency with the enforceable policies of the program;

(3) specify the deadline for receipt of comments by the coordinating agency;

(4) identify, to the extent known at the time the notice is issued, each public place at which copies of the consistency review packet and review schedule will be available for public inspection and copying, if the coordinating agency makes the review packet and schedule available under 11 AAC 110.235(d) (3)(B), 11 AAC 110.315(b) (2)(C)(ii), or 11 AAC 110.420(2) (C)(ii);

(5) be issued by at least one of the following methods:

(A) publication in a newspaper of general circulation within each district that the coordinating agency considers to be an affected coastal resource district or within an area outside a coastal resource district that the agency considers the project will likely affect; or

(B) posting

(i) on an Internet web site maintained by the state and dedicated to consistency review public notices; and

(ii) in at least three public places within each district that the coordinating agency considers to be an affected coastal resource district or within an area outside a coastal resource district that the agency considers the project will likely affect; however, notwithstanding the requirement of this sub-subparagraph, public notice may be posted in no less than one public place if the coordinating agency determines that the area likely to be affected has a population of 1,000 or fewer residents and if the coordinating agency consults with any affected coastal resource district in which the area is located; and

(6) be provided by mail, or by electronic format if the person agrees, to each person who has requested from the coordinating agency public notice of

(A) the proposed project; or

(B) any proposed project affecting a specific coastal resource district.

(c) A coordinating agency may issue a joint public notice of a consistency review with another state or federal agency if that notice complies with the minimum requirements of this section. To the extent feasible, and in cooperation with the state or federal agency, the coordinating agency shall ensure that the joint public notice includes a

(1) reference to the agency's authorization; and

(2) solicitation of comments on the agency's authorization, distinct from the solicitation of program comments.

(d) If a public notice of a consistency review is issued that does not comply with the minimum requirements of this section, the coordinating agency shall issue a supplemental notice that does comply.

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

Authority: AS 46.39.010

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