11 AAC 114.360. Local adoption and effective date

(a) Within 90 days after the commissioner has approved a district plan or amendment under 11 AAC 114.335, 11 AAC 114.340, or 11 AAC 114.345, issued a modified decision approving a district plan or amendment under 11 AAC 350(h), or a final order approving a district plan or amendment under 11 AAC 114.350(i) , and unless the United States Department of Commerce has not within that period fully approved that plan or amendment under 16 U.S.C. 1455 (Coastal Zone Management Act), the district shall approve or disapprove the district plan or amendment in its entirety. If the district

(1) is a municipality, the district shall adopt the district plan or amendment by ordinance;

(2) is a coastal resource area, the district shall

(A) adopt the district plan or amendment by resolution of the coastal resource service area board at a public hearing; and

(B) at least five days before that hearing, provide public notice of the hearing

(i) through advertisement in a newspaper of general circulation within the coastal resource service area, or through announcements on a radio or television station that broadcasts within the coastal resource service area; and

(ii) to each person who has requested a copy of the public notice in writing.

(b) The office shall waive the requirements of (a) of this section for a minor amendment that the commissioner has approved under 11 AAC 114.340 and that does not change an enforceable policy as described under 11 AAC 114.270, so long as the waiver is consistent with the provisions of AS 46.40 and this chapter.

(c) A district plan or amendment to a district plan that has been approved by the district under (a) of this section takes effect as part of the program 30 days after the lieutenant governor files the commissioner's decision or order approving the district plan or amendment, along with a copy of the district ordinance or resolution, as applicable, adopting the plan, unless local adoption is waived under (b) of this section.

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

Authority: AS 46.39.010

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