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(a) A state agency or other interested person may submit a petition for amendment to a district plan if there is substantial evidence that a use of state concern is arbitrarily or unreasonably restricted or excluded by the district plan. An amendment to a district plan under this section must be approved by the commissioner.
(b) The petitioner shall submit the petition to the office and to the district. The petition must include the following information:
(1) identification of a use of state concern that is arbitrarily or unreasonably restricted or excluded by implementation of the district plan;
(2) specific documentation of how the use of state concern is being arbitrarily or unreasonably restricted or excluded;
(3) a description of a significant change in circumstances or new information that has arisen since approval of the district plan and that provides a reasonable basis for concluding that the district plan arbitrarily or unreasonably restricts or excludes a use of state concern; and
(4) the proposed district plan amendment.
(c) The office shall review the petition for completeness and distribute the petition to interested state agencies. Within 30 days after the petition is submitted, the office shall, in consultation with the district and the petitioner, attempt to resolve the petitioner's concerns without initiating a district plan amendment. The office may extend the 30 day consultation period by up to 60 days.
(d) If the petitioner's concerns are not resolved through consultation and if the office, in consultation with the district, the interested state agencies, and the petitioner, determines that after original approval of the district plan a significant change in circumstances has occurred or new information has developed that might cause the plan to arbitrarily or unreasonably restrict or exclude a use of state concern, the procedure described in (e) of this section applies.
(e) When required by (d) of this section, the office shall, within 20 days after the consultation period under (c) of this section, distribute the petition, an evaluation of the proposed amendment, and the district's response to the petition to the commissioner and to each person identified as having a significant interest in the district plan, including a person described in 11 AAC 114.310(a) . The office's evaluation must include
(1) a summary of the proposed amendment;
(2) an analysis of the evidence that the criteria stated in (b) of this section have been satisfied; and
(3) an evaluation of the amendment's consistency with AS 46.40 and 11 AAC 112.
(f) If the criteria for a petition stated in (b) of this section are not met, then the office shall report this finding to the commissioner. The office shall distribute the finding to each person involved during the consultation period specified in (c) of this section.
(g) The procedures set out in 11 AAC 114.335(b) - (h) for the commissioner's review of district plans apply to review of a petition under this section, except that the material to be distributed under 11 AAC 114.335(b) consists of the material identified for distribution under (e) of this section.
(h) The procedure for mediation set out in 11 AAC 114.350 applies if the district is dissatisfied with the commissioner s decision on the petition.
(i) An amendment to a district plan approved by the commissioner under (g) of this section takes effect upon the lieutenant governor's filing of the commissioner's decision approving the amendment. If mediation regarding the amendment occurs under 11 AAC 114.350, an amendment to a district plan takes effect upon the lieutenant governor's filing of the commissioner's order either approving the results of the mediation under 11 AAC 114.350(g) or resolving the dispute under 11 AAC 114.350(i) .
History: Eff. 7/1/2004, Register 170
Authority: AS 46.39.010
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Last modified 7/05/2006