11 AAC 112.900. Sequencing process to avoid, minimize, or mitigate

(a) As used in this chapter and for purposes of district enforceable policies developed under 11 AAC 114, "avoid, minimize, or mitigate" means a sequencing process of

(1) avoiding adverse impacts to the maximum extent practicable;

(2) where avoidance is not practicable, minimizing adverse impacts to the maximum extent practicable; or

(3) if neither avoidance nor minimization is practicable, conducting mitigation to the extent appropriate and practicable; for purposes of this paragraph, "mitigation" means

(A) on-site rehabilitation of project impacts to affected coastal resources during or at the end of the life of the project; or

(B) to the extent on-site rehabilitation of project impacts is not practicable, substituting, if practicable, rehabilitation of or an improvement to affected coastal resources within the district, either on-site or off-site, for a coastal resource that is unavoidably impacted.

(b) For a project that requires a federal authorization identified under 11 AAC 110.400, the coordinating agency shall consult with the authorizing federal agency during that federal agency's authorization review process to determine whether the mitigation requirements proposed by the federal agency for that federal authorization would satisfy the mitigation requirements of (a)(3) of this section. If the coordinating agency determines that the mitigation requirements proposed by the federal agency would not satisfy the mitigation requirements of (a)(3) of this section, the coordinating agency shall require appropriate mitigation in accordance with (a)(3) of this section.

(c) For purposes of (a)(3) of this section, a determination of practicability includes consideration of the following factors, as applicable:

(1) the magnitude of the functional values lost by the impacted coastal resources;

(2) the likelihood that the mitigation measure or improvement will succeed in actually rehabilitating the impacted resource; and

(3) the correlation between the functional values lost by the coastal resources impacted and the proposed mitigation measure or improvement.

(d) To the extent feasible and not otherwise addressed by state or federal law, any requirements imposed under (a)(3) of this section for mitigation through on-site or off-site rehabilitation of project impacts shall be established by the coordinating agency at the time of the project's consistency review under 11 AAC 110.

(e) In applying the mitigation process described in (a)(3) of this section, unless required by a federal agency issuing an authorization identified under 11 AAC 110.400 for the project, the coordinating agency may not require

(1) that no net loss of impacted coastal resources occur; or

(2) monetary compensation.

History: Eff. 7/1/2004, Register 170; am 10/29/2004, Register 172

Authority: AS 46.39.010

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