11 AAC 110.600. Elevation process

(a) Within five days after the coordinating agency issues a proposed consistency determination or proposed consistency response, a resource agency, applicant, or affected coastal resource district that does not concur with the proposed consistency determination or consistency response may request an elevation to the commissioner of the proposed consistency determination or consistency response.

(b) An elevation is limited to consideration of

(1) the proposed consistency determination or consistency response regarding whether the project is consistent with the enforceable policies of the program; or

(2) any alternative measure or other project modification that would achieve consistency with the enforceable policies of the program.

(1) be in writing;

(2) be received by the coordinating agency within five days after the requestor receives the proposed consistency determination or consistency response; and

(3) explain the requestor's concern, including any addition of or modification to an alternative measure identified in the proposed consistency determination or proposed consistency response that would achieve consistency with the enforceable policies of the program.

(d) Upon receipt of a request for elevation in accordance with (a) - (c) of this section, the coordinating agency shall

(1) distribute the request for elevation to each review participant, the applicant, and each person who submitted timely comments;

(2) suspend in writing the review schedule by no more than 45 days; and

(3) if the reviewing agency is not the office, transfer the elevation process to the office.

(e) The commissioner may act on a request for elevation or may delegate the authority to a state officer or employee in or outside the department to act on the elevation.

(f) The office shall invite the coordinating agency, the resource agencies, the applicant, and any affected coastal resource district to participate in, and may invite any other affected person to attend, an elevation meeting with the commissioner or delegee to resolve the elevation requestor's concerns.

(g) An attendee may present written materials and testimony or may rely on the existing project record at the elevation meeting. The elevation meeting must be recorded electronically.

(h) After the elevation meeting but within 45 days after receipt of the request for elevation under (a) of this section, the commissioner or delegee will issue a written decision with findings of fact. The coordinating agency shall then

(1) render a final consistency determination or consistency response that reflects the decision of the commissioner or delegee on the issue raised by the request for elevation; and

(2) distribute the final consistency determination or consistency response to each review participant, the applicant, each person who submitted timely comments under 11 AAC 110.510(a) and, if applicable, 11 AAC 110.510(b) , and any other affected person who was invited to attend the elevation meeting by the office.

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

Authority: AS 46.39.010

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