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(a) A person may not divide or phase an activity to avoid the requirements of AS 18.07 and this chapter. The department may consider an activity to be divided or phased if
(1) two or more components of the activity were planned, designed, budgeted, or financed together and are to be constructed or acquired together;
(2) one component of the activity is dependent upon completion of another component of the activity; or
(3) construction activities are built at the same time or in a continuing manner, with no more than 90 days between completion of one activity and commencement of the next.
(b) In determining whether an activity is divided or phased, the department will not consider the value of any portion of the land that is purchased for a future activity if that land is not associated with a specific current activity.
History: Eff. 8/14/2005, Register 175
Authority: AS 18.07.031
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Last modified 7/05/2006