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HomeMy WebLinkAbout07092012 City Council Work Session Notes - Coastal Management WORK SESSION NOTES ON Ccas(aI7 Manaceovirt---IHitia_hve, I r bois . Purpose: DIS(/1SSI Q7) Irt (OVf i (J1 CMP.00--- Inia-five_, Present: �l no,�4.1_ J until N embers Present: ' e GWO rat Shater. CO�� Mitt G Called Uy: CO ((�crunt*v.:-1,-************::::**;**)=** 1-?<:LY:c, � - 1; _fCti "COC/., Lo& 1 5� rs -k9ora k )01-ex - 0 r Six c C . f4a , �, Vol C 1"\-1)\ c (d *LIU- 60116 StC14161/04101) Yelve., reofral r i ii tit-dinlift; e---1A ci f e 0 -Ili i _c_, I'c:_-„ui e_ 17/a 5 1 NocUr C rmi :I S i if) iiia- ) \I e f 'n 01 M kfrj - pd f i ,� S 1)ad C lkk S(i\o . o v" W ("1,,f�; __ I � ririWO 0:010 ./ .. I ` , i *,1v5ii)u '. etT)4y) vii volt -c.)._-4P .e-D+TA-clictimkr Op li 01A1t . N f) i )o--fcGI- 9MCdwelop A-, C004(06\ ti ltJt KVA- htttl Milt teN_ Oftifalf J, 1114141(1.1t0\ all eWtW. ------- — .a„.,00 - ) ,o, . Ael 0\k/ wilku.) SV Nt* 7\56' lob prvicko 6 V) c,{ac fY01r0 SteLlt Establishment of an Alaska Coastal Management Program >-C- E This bill would create the Alaska Coastal Management Program in the Department of Commerce, Community, and Economic Development ("the Department"). The program would develop new state and local standards to review projects in coastal areas of the State. These standards and new permitting ,procedures would be in addition to existing state and federal permitting requirements. Projects requiring state or federal permits would be reviewed under the program. The program would not become entirely effective until approval of these new state and local standards by the U.S. Department of Commerce under the federal Coastal Zone Management Act. The, bill creates a Coastal Policy Board. The board would have 13 members appointed by the governor. Nine would be members of the public from coastal areas. 4 would be state commissioners. The board would coordinate agencies for coastal and ocean planning. The board would work with agencies to develop and implement the program. The board would also review,approve,and evaluate coastal district management plans("district plans"). The board would direct the Department to apply for funding. The board would review and approve regulations. Board members could receive per diem and travel expenses. The bill sets out 9 coastal districts. Each district would adopt a district plan. District plans would need board approval. To be approved,the district plan must comply with the bill's provisions and regulations approved by the board. Each district plan would set boundaries for the coastal area subject to the district plan. District plans would define the land and water uses subject to the district plan's requirements. District plans would also set special management areas and enforceable policies. The bill sets standards for district enforceable policies. The bill defines when an enforceable policy is pre- empted by existing state or federal law. The bill would restore coastal districts, boundaries, and district plans that were in effect on June 30,, 2011 under theprior coastal management program. Coastal districtswould have to review their prior district plans and submit any needed changes for board approval. Coastal districts with zoning or land use authority would use those powers to apply their district plans. Otherwise, state agencies would put the district plan into effect. Local and state agencies would regulate uses to conform to the district plans. The superior court could enforce board or department orders. • The bill would also create the Division of Ocean and Coastal Management in the Department. This division would issue state consistency determinations and respond to federal consistency determinations and certifications. It would adopt board-approved regulations. it would also give planning and management information to coastal districts. The division would create a financial aid program to help coastal districts create and effect their district plans. The bill sets goals for the program. These goals include(1) management goals for coastal uses and resources; (2) the coordination of coastal planning among government and citizens; (3) public and government participation in the program;and(4) require state agencies to comply with the program. The bill requires that regulations be adopted. The regulations would be approved by the board and then issued by the division. They would set state coastal standards, district plan requirements, and consistency review procedures. • The bill would allow regional education attendance; areas ("REAAs") in the unorganized borough to be used as Coastal Resource Service Areas("CRSAs"). CRSAs would act through a board and function like coastal districts. The Department could, combine or divide REAAs into CRSAs under set conditions. A coastal city could also be included in a CRSA under set conditions. CRSAs could also be created by voters or by a voter-approved city or village council decision. Service areas would elect boards with seven members. The State would run and fund CRSA board elections. Under some circumstances, board members could be appointed. Board members could be recalled. They could receive per diem and travel expenses. If voters fail to create a needed service area, the Department could create a district plan for the area to submit to the legislature. Under set conditions, the Department could complete a district plan for a CRSA. The bill creates a development, approval and implementation process for district plans inservice areas. The bill sets out rules of construction and defines 16 terms. Should this initiative become law? • /IZ 1111j-hCtitt -invidtd It01 ( yes OFFICE OF THE >1 OCT 07 2011 `'' wets 9 "An Act establishing the Alaska Coastal Management PpRe'GavERNOR Short-form Description of Initiative This initiative would establish a coastal management program for Alaska. Alaska is the only coastal state without an approved coastal management program. The initiative seeks'a balanced approach to development and protection of coastal resources, Coastal Policy Board: This initiative would create a thirteen-person coastal policy board that would be responsible for overseeing the coastal management program. The board would approve local coastal district plans and coastal management regulations and coordinate the implementation of the coastal management program. Coastal Districts:The program would allow municipalities and regions of the unorganized borough to organize as local coastal districts.Approved coastal district plans may include local enforceable policies so,long as those policies do not unreasonably or arbitrarily restrict a use of state concern. Districts in effect on 6/30/11 are re-established. Project Reviews:The program includes a coordinated process for review of development projects in the coastal zone to ensure they are consistent with statewide standards and local coastal district enforceablepolicies,but would exclude individual reviews of routine activities that do not have a significant impact on coastal resources or uses. Federal Consistency: Once the program receives federal approval,the State of Alaska will once again be able to participate in the federal Coastal Zone Management Act. • • OFFICE Of THE OCT 0 7 2011 I AN ACT ENTITLED IfIlTENANT GOVERNOR 2 • 3 "An Act establishing the Alaska Coastal Management Program." 4 5 BE IT ENACTED BY THE PEOPLE OF THE STATE OF ALASKA: 6 *Section 1. AS 46 is amended by adding a new chapter to read: 7 Chapter 41, Alaska Coastal Management Program • 8 Sec.46.41.010 Coastal Policy Board 9 (a)There is created in the Department of Commerce,Community and Economic 10 Development the Alaska Coastal Policy Board.The board consists of the following: 11 (1) nine public members and alternates appointed by the governor from a list 12 composed of at least three names from each region,nominated and submitted by the coastal 13 districts of each region; one public member shall be appointed from each of the following 14 regions: 15 (A) northwest Alaska, including, generally,the area of the North Slope 16 Borough and the Northwest Arctic Borough; 17 (B) Bering Straits, including, generally, the area of the Bering Straits regional 18 education.aIattendance area and the City of Nome; 19 (C) southwest Alaska, including, generally,the area within the Lower Yukon, 20 Lower Kuskokwim, and Southwest regional educational attendance areas,the City of 21 Bethel, and the Lake and Peninsula and Bristol Bay Boroughs; 22 (D)Kodiak-Aleutians, including the area of the Kodiak Island and Aleutian 23 East Boroughs and the Aleutian,Adak and Pribilof regional educational attendance 24 areas; 25 (E) Upper Cook Inlet,including the Municipality of Anchorage and the 26 Matanuska-Susitna Borough; 27 (F)Lower Cook Inlet,including,.generally,the area within the Kenai Peninsula 28 Borough; 29 (G)-Prince William Sound, including,generally, the area east of the Kenai 30 Peninsula Borough to 141 W, longitude; 31 (I-I) northern Southeast Alaska, including the area southeast of 141 W. 32 longitude and north of 57 N. latitude,including the entirety of the City and Borough • An Act establishing the Alaska Coastal Management Program Page 2 of 15 1 of Sitka;and 2 (I)southern Southeast Alaska,including that portion of southeastern Alaska 3 not contained within the area described in(H)of this paragraph; 4 (2) each of the following: • 5 (A) the commissioner of environmental conservation; 6 (A) the commissioner of fish and game; 7 (C) the commissioner of natural.resources;and 8 (D) the commissioner of commerce,community,and economic development. 9 (b) Public members serve staggered terms of three years. Except as provided 10 by(c) of this section,each member serves until a successor is appointed. A public member 11 may be reappointed. • 12 (c) The alternate for a commissioner serving under(a)(2)of this section shall be a 13 deputy commissioner or the director of a division in the commissioner's department. The 14 names of alternates shall be filed with the board. 15 (d)The board shall designate co-chairs, one of whom shall be selected from among 16 the public members appointed under(a)(1) of this section and one from.among the members 17 designated in (a)(2) of this section. 18 (e)The board may recommend that the governor remove a public member for cause. 19 (1) Five public members and two designated members of the board constitute a 20 quorum,but the board may delegate to one or more of its members the power to hold 21 hearings. All decisions of the board shall be by a majority vote of the members present and 22 voting. 23 (g)The board shall meet at least four times a year and as often as necessary to fulfill 24 its duties under this.chapter. Meetings may be held and members may vote telephonically, 25 except one board meeting a year shall be held in person. 26 (h)Public members of the board or their alternates are entitled to per diem and travel 27 expenses authorized by law for members of boards and commissions. 28 (i) Administrative support for the board shall be provided by staff of the department. 29 The department,under the direction of the board shall contract with or employ personnel or 30 consultants the department considers necessary to assist the board in carrying out the board's • 31 duties and responsibilities. 32 Sec. 46.41.020,Powers and duties of the board. An Act establishing the Alaska Coastal Management Program • Page 3 of 15 1 (a)The board shall 2 (1)review and approve regulations necessary to implement the coastal management 3 program in conformity with this chapter and 16 U.S.C. 1451 - 1464 (Coastal Zone 4 Management Act of 1972); 5 (2)direct the department to seek approval of the Alaska coastal management 6 program by the National Oceanic and Atmospheric Administration, Office of Ocean and 7 Coastal Resource Management in conformity with 16 U.S.C. 1451 --- 1464 (Coastal Zone 8 Management Act of 1.972); 9 (3)initiate an interagency program of strategic coastal and ocean planning for each 10 geographic region of the state; 11 (4)review and approve coastal district management plans after receiving the 12 department's recommendations,including local enforceable policies,that meet the provisions 13 of this chapter and the district plan criteria. 14 (5)establish continuing coordination among state agencies to facilitate the 15 development and implementation of the Alaska coastal management program; 16 (6)evaluate the effectiveness of district coastal management plans; and 17 (7)direct the department to apply for and accept grants,contributions, and 18 appropriations, including application for and acceptance of federal funds that may become 19 available for coastal planning and management. 20 (b)The board may 21 (1)contract for necessary services; 22 (2)take any reasonable action necessary to carry out the provisions of this chapter. 23 . See,46.41.030.Division of Coastal Management. 24 (a)There is created in the department the division of ocean and coastal management. 25 (b)The division shall 26 (1)render,on behalf of the state,all federal consistency determinations and 27 certifications authorized by 16 U.S.C. 1456 (Sec. 307, Coastal Zone Management Act of 28 1972),and each conclusive state consistency determination when a project requires a permit, 29 lease,or authorization from the department or from two or more state resource agencies. 30 (2)adopt regulations approved by the board necessary to implement this chapter 31 under the provisions of AS 44.62(Administrative Procedure Act). 32 (3)assure continued provision of data and information to coastal districts to carry • An Act establishing the Alaska Coastal Management Program Page 4 of 15 out their planning and management functions under the program. 2 (4)develop and maintain a program of financial assistance to aid coastal districts in 3 the development and implementation of district coastal management plan. 4 Sec.46.41.040. Development of Alaska coastal management program. 5 (a)The regulations developed under this chapter shall include 6 (1)statewide coastal program standards; 7 (2)the criteria and process for the preparation and approval of district coastal 8 management plans; and 9 (3)consistency review procedures in accordance with this chapter, including 10 provisions for 11 (A)review of activities proposed or permitted by a state or federal agency; 12 (13)the types of activities that will trigger a consistency review; 13 (C)review of phased activities and uses; I4 (D)public notice and opportunities for public comment; 15 (L)elevation of proposed consistency determinations to the resource agency 16 commissioners; 17 (F) establishment of review timelines; 18 (G) exclusion from an individual project review aspects of activities that are 19 covered by a general permit previously found consistent with the Alaska coastal 20 management program; 21 (H)exclusion of routine activities with insignificant effects to coastal uses or 22 resources from an individual consistency review, 23 b)The coastal districts, coastal district boundaries and approved coastal management 24 plans that were in effect as of June 30,2011 are in effect and are incorporated into the AIaska 25 coastal management program. 26 Sec. 46.41.050, Objectives, 27 The Alaska coastal management program shall be consistent with the following objectives: 28 (1) the use, management, restoration, and enhancement of the overall quality of the 29 coastal environment for this and succeeding generations; 30 (2)the development of industrial or commercial enterprises that are consistent with 31 the social, cultural, historic, economic,and environmental interests of the people of the state; 32 (3)the orderly,balanced utilization and protection of the resources of the coastal An Act establishing the Alaska Coastal Management Program Page 5 of 15 • • 1 area consistent with sound conservation and sustained yield principles; 2 (4)the management of coastal Jand and water uses in such a manner that, generally, 3 those uses that are economically or•physically dependent on a coastal location are given 4 higher priority when compared to uses that do not economically or physically require a 5 coastal location; • 6 (5)the protection and management of significant historic, cultural,natural, and 7 aesthetic values and natural systems or processes within the coastal area; , 8 (6)the prevention of damage to or degradation of land and water reserved for their 9 natural values as a result of inconsistent land or water usages adjacent to that land; 10 (7)the recognition of the need for a continuing supply of energy to meet the 11 requirements of the state and the contribution of a share of the states resources to meet • 12 national energy needs;and 13 (8)the full-and fair evaluation of all demands on and uses of the land and water in 14 the coastal area. 15 (9)the coordination of planning and decision-making in the coastal area among 16 levels of government and citizens engaging in or affected by activities involving the coastal 17 resources of the state; 18 (10) the participation of the public, local governments,and agencies of the state and 19 federal governments in the development and implementation of a coastal management 20 program;and 21 (11) the requirement that state resource agencies carry out their duties, powers and. 22 responsibilities that affect the use of coastal area resources'in accordance with the coastal 23 program adopted pursuant to this Act. 24 Sec.46.41.060. Development of district coastal management plans. 25 (a)Coastal districts shall 26- (1) develop and adopt district coastal management plans in accordance with the 27 provisions of this chapter.The plan adopted by a coastal district shall be based upon a 28 municipality's existing comprehensive plan or a new comprehensive resource use plan or 29 comprehensive statement of needs,policies, objectives,and standards governing the use and 30 conservation of resources within the coastal area of the district. The plan must meet the 31 district plan criteria adopted under AS 46.41..040 and must include 32 (A)a delineation within the district of the boundaries of the coastal area subject • An Act establishing the Alaska Coastal Management Program Page 6 of 15 1 to the district coastal management plan; 2 (B)a statement, list, or definition of the land and water uses and activities 3 subject to the district coastal management plan; 4 (C) a designation of any special management areas; 5 (D) enforceable policies to be applied to all the land and water uses subject to 6 the district coastal management plan as well as policies that apply to special 7 management areas. 8 (b)The board shall approve an initial or amended district coastal management plan if 9 the 10 (1)district coastal management plan meets the requirements of this chapter and the 11 - district plan criteria in regulation adopted by the department;and 12 (2)enforceable policies of the district coastal management plan 13 (A) do not duplicate,restate;or incorporate by reference state or federal 14 statutes or regulations; 15 (B) are not preempted by federal or state law; 16 (C)do not arbitrarily or unreasonably restrict a use of state concern; 17 (D)are clear and concise as to the activities and persons affected by the 18 policies and the requirements of the policies; 19 (E) use prescriptive or performance-based standards that are written in precise 20 and enforceable language; and 21 (F) address a coastal use or resource of concern to the residents of the coastal • 22 resource district as demonstrated by local knowledge or supported by scientific 23 evidence • 24 (c)In(b)(2)(B)of this section,An enforceable policy of the district coastal 25 management plan is preempted 26 (1) by federal statutes or regulations if the United States Congress expressly 27 declares that local law or regulation is preempted,if the.United States Congress demonstrates 28 the intent to•occupy the field exclusively, or if there is an actual conflict.between federal and 29 local law or regulation; 30 (2) by state law if it is prohibited, either by express legislative direction or direct 31 conflict with a state statute or regulation, or where a local law or regulation substantially . 32 interferes with the effective functioning of a state statute or regulation or the underlying • • • • • An Act establishing the Alaska Coastal Management Program Page 7 of 15 1 purposes of a state statute or regulation. 2 Sec. 46.41.070. Submission of district plans by coastal districts. • 3 (a) Within one year after the effective date of regulations implementing this chapter, 4 coastal districts shall review their coastal management plans and if changes are necessary to 5 meet the requirements of this chapter and implementing regulations,submit to the 6 department a revised district coastal management plan. 7 Sec. 46.41.080.Implementation of district coastal management plans, 8 (a) A district coastal management plan approved under this chapter for a coastal 9 district that does not have and exercise zoning or other controls on the use of resources 10 within the coastal area shall be implemented by appropriate state agencies. Implementation • 11 shall be in accordance with the comprehensive use plan or the statement of needs,policies, 12 objectives, and standards adopted by the district. 13 (b)A coastal district that has and exercises zoning or other controls on the use of 14 resources within the coastal area shall implement its district coastal management plan. 15 Implementation shall he in accordance with the comprehensive use plan or the statement of 16 needs,policies, objectives, and standards adopted by the district. • 17 Sec. 46.41.090. Compliance and enforcement. 18 (a) Municipalities and state resource agencies shall administer land and water use 19 regulations or controls in conformity with district coastal management plans approved under 20 this chapter and in effect. 21 (b)The superior courts of the state have jurisdiction to enforce lawful orders of the 22 board and the department under this chapter. 23 Sec.46.41.100. Coastal management plans in the unorganized borough. 24 (a)A coastal resource service area incorporated into the coastal management program 25 under this chapter shall exercise those authorities and perform those duties required under 26 this chapter. 27 Sec. 46.41.110. Coastal resource service areas. • 28 (a)Except as otherwise provided in this section,each regional educational attendance 29 • area established'under AS 14.08.031 containing a part of the coastal area may be organized 30 as a coastal resource service area. 31 (b)The commissioner of the department may, after public hearings held in the 32 affected area, consolidate two or more regional educational attendance areas as a single An Act establishing the Alaska Coastal Management Program • Page 8 of 15 1 coastal resource service area 2 • (1) if a substantial portion of the coastal area contains land and water area owned by 3 the federal government over which it exercises exclusive jurisdiction or land held in trust by 4 the federal government for Alaska Natives over which the state would not exercise control as 5 to use; or 6 (2) if,after giving due consideration to the standards applicable to incorporation of 7 borough governments and the likelihood that a borough will be incorporated within the area, 8 the commissioner determines that the functions to be performed under this chapter could be 9 undertaken more efficiently through the combination of two or more regional education 10 attendance area as a single coastal resource service area. 11 (c) A determination under(b)of this section shall be made before the organization of 12 the coastal resource service area. 13 (d) or purposes of coastal management only, the commissioner of the department 14 may,after public hearings held in the regional education attendance area affected, divide an 15 existing regional education attendance area into no more than three coastal resource service • 16 areas according to geographic, cultural,economic, environmental,or other features relevant 17 to coastal management planning. However, •18 _(1)each coastal resource service area formed by dividing an existing regional 19 education attendance must contain at least one first class city or home rule city;and 20 (2) a city within a coastal resource service area formed by dividing an existing 21 regional education attendance area may not elect to exclude itself from the coastal resource 22 service area. 23 Sec. 46.41.120. Organization of a Coastal Resource Service Area. 24 (a)Organization of a coastal resource service area may be initiated by • 25 (1)submission to the coastal policy board of a petition signed by a number of 26 registered voters equal to 15 percent of the number of votes cast within the coastal resource 27 service area at the Iast state general election;or 28 (2)by submission to the board of a resolution approved by the city council or . 29 traditional village council of not less than 25 percent of the number of cities and villages 30 within the coastal resource service area. 31 (b)Acting at the request of the council,the lieutenant governor,not less than 60 nor 32 more than 90 clays after receipt of a proper petition under(a)(l)of this section,a proper • An Act establishing the Alaska Coastal Management Program Page 9 of 15 1 resolution under(a)(2)of this section, or at the direction of the council under(a)(3) of this 2 section,shall conduct an election on the question of organization of a coastal resource service 3 area. • 4 Sec, 46.41.130. Coastal resource service area boards • S . (a)Each coastal resource service area shall have an elected board representing the 6 population of the service area. The board shall have the powers and duties and perform the • 7 functions prescribed for or required of coastal districts. 8 (b)A coastal resource service area board shall contain seven members. Board 9 members shall be elected at large by the qualified voters of the coastal resource service area. 10 (c)The term of office of a member of a coastal resource service area board is three 11 years.Members serve until their successors are elected and have qualified. This section does 12 not prohibit the reelection of a board member. 13 (d)The lieutenant governor shall provide for the election of the members of coastal 14 resource service area boards, 15 (e) Election of members of coastal resource service area boards shall be held annually 16 on the date of election of members of regional educational attendance area boards under AS • 17 14.08.071(b). If no candidate files for election to a seat on the coastal resource service area 18 board,the seat is considered vacant at the time a newly elected member would have taken 19 office. 20 (f)A seat on a coastal resource service area board shall be declared vacant by the 21 board if the criteria under AS 14.08.045 (a)apply to the person elected. A vacancy on a 22 coastal resource service area board shall be filled by appointment as provided in AS 23 14,12.070 for vacancies in the membership of regional educational attendance area boards. 24 (g)Members of coastal resource service area boards are subject to recall on the same 25 grounds and in the same manner as provided for recall of municipal officials in AS 29.26.240 26 -29.26.350, The lieutenant governor functions in place of the assembly or council and 27 municipal clerk for receipt and review of recall petitions and the conduct of recall elections. 28 (h)Members of a coastal resource service area board are entitled to per diem and 29 travel expenses authorized by law for members of boards and commissions and for 30 honorariums for meetings attended in person. 31 Sec, 46.41.140. Elections in coastal resource service areas. 32 Elections under AS 46.41.100 - 46.41.160 shall be administered by the lieutenant • • • An Act establishing the Alaska Coastal Management Program • • Page 10 of 15 1 governor in the general manner provided in AS 15 (EIection Code). In addition,the 2 lieutenant governor may adopt regulations necessary to the conduct of coastal resource 3 service area board elections. The state shall pay all election costs. • 4 Sec.46.41.150. Preparation of district coastal management program by the Department 5 of Commerce,Community and Economic Development 6 (a)If residents of a coastal resource service area reject organization of the service • 7 area at an election called for the purpose and the coastal policy board finds, after public 8 - hearing, that major economic development activity has occurred or will occur within the 9 service area,the board may direct the department to prepare and recommend for 10 consideration by the council and for submission.to the legislature a district coastal • 11 management plan for the service area. 12 (b)At the request of the coastal policy board,the department shall complete the 13 district coastal management plan in accordance with this chapter and the guidelines and • 14 standards adopted by the board for a coastal resource service area that has been organized but 15 that has failed to make substantial progress in the preparation of an approvable district costal 16 management program within 18 months of certification of the results of an organization 17 election or that has not submitted for approval to the board a program within 30 months of 18 certification of the results of its organization election. Preparation of the program shall be 19 conducted in consultation with the coastal resource service area and shall,to the maximum 20 extent consistent with this chapter,reflect the expressed concerns of the residents of the 21 service area, 22 (c)Before requesting the department to complete the district coastal management 23 plan under(b) of this section, the board shall meet with members of the coastal resource 24 service area board to determine whether the board is able to complete a district coastal 25 management program within the time limitations established in this section. 26 Sec.46.41.160.Approval of plans in coastal resource service areas. 27 (a)Before adoption by a coastal resource service area board, a district coastal 28 management plan shall be submitted for review to each city or village within the coastal 29 resource service area. The council of a city or traditional village council shall consider the 30 • plan submitted for review. Within 60 days of submission,the council of a city or traditional 31 village council shall either approve the plan or enter objections to all or any portion of the 32 plan, • . An Act establishing the Alaska Coastal Management Program Page l 1 of 15 1 (b) If a city or village within a coastal resource service area fails to approve a portion . 2 of the district coastal management plan prepared and submitted for approval under(a) of this 3 section,the governing body shall advise the coastal resource service area board of its 4 objections to the proposed plan and suggest alternative elements or components for inclusion 5 in the district coastal management plan. New matter submitted by a city or village that meets • • 6 the district plan criteria adopted under this chapter may be accepted by the district and the 7 district coastal management plan modified accordingly. If a city or village fails to provide 8 objections and suggested alternatives within the time limits established in this section, the 9 coastal resource service area board may adopt the district coastal management plan as 10 initially offered. 11 (c) Objection by a city council under(b) of this section is limited to objection to 12 elements of the plan affecting resources or the use of resources within the corporate limits of 13 the city. Objection by a traditional village council under(b) of this section is limited to 14 objection to elements of the plan affecting resources or the use of resources within the village 15 or within two miles of the village. • 16 (d)For purposes of this section, "village" means an unincorporated community where 17 at least 25 persons reside as a social unit as determined by the Department of Commerce, 18 Community,and Economic Development. 19 Sec.46.41.170. Cooperative administration, 20 (a)A.city within the coastal area that is not part of a coastal resource service area 21 shall be included for purposes of this chapter within.an adjacent coastal resource service area • 22 unless its governing body, by resolution adopted by a majority of its membership, chooses to 23 exclude the city from an adjacent coastal resource service area and a copy of the resolution is 24 Bled with the commissioner of commerce, community,and economic development. 25 (b)This chapter does not restrict or prohibit cooperative or joint administration of 26 functions between a municipality and a coastal resource service area organized under the 27 provisions of this chapter upon initiation of a mutual'agreement for the purpose. 28 See, 46.41.180. Construction with other laws. 29 Nothing in this chapter shall be construed to 30 (1)diminish state jurisdiction,responsibility, or rights in the field of planning, 31 development,or control of land or water resources, submerged land, or navigable water; 32 (2)affect in any way any state requirement imposed under a federal authorization or • • An Act establishing the Alaska Coastal Management Program Page 12 of 15 • 1 federal waiver of sovereign immunity; or 2 , (3)diminish the zoning or planning authority of municipalities under AS 29. 3 Sec.46.41.900.Definitions. 4 In this chapter, unless the context otherwise requires, 5 (1) "affected coastal district" means a coastal district with a publically reviewed draft or 6 approved plan in which a project is proposed to be located or that may experience a direct 7 and significant impact from a proposed project; 8 (2) "board"means the Alaska Coastal Policy Board established in AS 46.41.010; 9 (3) "coastal district" means each of the following that contains a portion of the coastal 10 area of the state: 1 i (A)unified municipalities; 12 (B)organized boroughs of any class that exercise planning arid zoning authority; 13 (C)home rule and first class cities of the unorganized borough or within boroughs 14 that do not exercise planning and zoning authority; 15 (D)second.class cities of the unorganized borough,or within boroughs that do not 16 exercise planning and zoning authority,that have established a planning commission, 17 and that,in the opinion of the commissioner of.commerce,community, and economic 18 development,have the capability of preparing and.implementing a comprehensive 19 district coastal management plan under AS 46.41.030; • 20 (E)coastal resource service areas established and organized under AS 29.03.020 an 21 AS 46.41.100 -46.41.160; 22 (4) "coastal use or resource"means any land or water use or natural resource of the 23 coastal zone.Land and water uses include,but are not limited to, public access,recreation, 24 fishing,historic or cultural preservation, development,hazards management,marinas and 25 floodplain management, scenic and aesthetic enjoyment, and resource creation or restoration 26 projects.Natural resources include biological or physical resources that are found within a 27 State's coastal zone on a regular or cyclical basis, Biological and physical resources include, 28 but are not limited to,air, tidal and nontidal wetlands, ocean waters, estuaries, rivers, 29 streams, lakes, aquifers,submerged aquatic vegetation, land,plants, trees, minerals, fish, 30 shellfish,invertebrates,amphibians,birds,mammals,reptiles, and coastal resources of 31 national significance; 32 (5) "coastal zone"means the coastal water including land within and under that water, • • • An Act establishing the Alaska Coastal Management Program Page 13 of 15 1 and adjacent shoreland,including the water within and under that shoreland,within the 2 boundaries approved by the former Alaska Coastal Policy Council and by the United States 3 Secretary of Commerce under 16 U.S.C, 1451 - 1465 (Coastal Zone Management Act of 4 1972,as amended); "coastal zone" includes areas added as a result of any boundary changes 5 approved by the board and by the United States Secretary of Commerce under 16 U.S.C. 6 1451 - 1465; "coastal zone"does not include . 7 (A)those lands excluded under 16 U,S.C. 1453(1); or 8 (B) areas deleted as a result of any boundary changes by the board in conformance 9 with 16 U.S.C. 1451 - 1465; 10 (6) "consistency review"means the evaluation of a proposed project against the I 1 statewide standards and the approved enforceable policies of an affected coastal district 12 under the process developed by the board; 13 (7) "department" means the Department of Commerce, Conununity and Economic 14 Development; 15 (8) "direct and significant impact" means an activity which proximately contributes to a l 6 material change.or alteration in the natural or social characteristics of a part of the state's 17 coastal area and in which 18 (A)would have a net adverse effect on the quality of the resources of the coastal 19 area; 20 .(B) would limit the range of alternative uses of the resources of the coastal area; 21 or 22 (C) would, of itself,constitute a tolerable change or alteration of the resources 23 within the coastal area but which,cumulatively, would have an adverse effect; 24 (9) "district coastal management plan" means a plan developed by a coastal district, 25 including enforceable policies of that plan,setting out policies and standards to guide public 26 and private uses of land and water within that district and approved by the board as meeting 27 the requirements of this chapter and the regulations adopted under this chapter; 28 (10) "enforceable policy"means a policy established by this chapter or approved by the 29 board as a Iegally binding policy of the Alaska coastal management program applicable to 30 public and private activities; 31 (11) "local knowledge" means a body of knowledge or information about the coastal 32 environment or the human use of that environment, including information passed down • An Act establishing the Alaska Coastal Management Program • • Page 14 of 15 1 through generations, if that information is 2 (A)derived from experience and observations; and 3 (B)generally accepted by the local community; 4 (12) "project"means all activities that will be part of a proposed development and 5 includes all federal agency activities as defined in 15 C.F.R. 930.31, including lease sales and 6 development projects affecting a coastal use or resource; • 7 (13)"resource agency" means 8 (A)the Department of Environmental Conservation; 9 (B)the Department of Fish and Game; or 10 • (C)the Department of Natural Resources.; 11 (14)"scientific evidence" means facts or data that are 12 (A)premised upon established chemical,physical, biological,or ecosystem • 13 management principles as obtained through scientific method and submitted to the 14 .department to furnish proof of a matter required under this chapter; 15 (B) in a form that would allow resource agency review for scientific merit; and • 16 (C)supported by one or more of the following: 17 (i)written analysis based on field observation and professional 18 judgment along with photographic documentation; 19 (ii)written analysis from a professional scientist with expertise 20 in th.e specific discipline; or 21 (iii)site-specific scientific research that may include 22 peer-review level research or literature. 23 (15) "special management area" includes areas meriting special attention and means a 24 delineated geographic area within the coastal area which is sensitive to change or alteration 25 and which,because of plans or commitments or because a claim on the resources within the 26 area delineated would preclude subsequent use of the resources to a conflicting or 27 incompatible use, warrants special management attention,or which,because of its value to 28 the general public,should be identified for current or future planning, protection, or 29 acquisition; 30 (16) "use of state concern" means a land and water use that would significantly affect the 31 long-term public interest; a"use of state concern" includes 32 (A) uses of national interest, including the use of resources for the siting of ports • An Act establishing the Alaska Coastal Management Program Page 15 of 15 and major facilities that contribute to meeting national energy needs,construction and 2 maintenance of.navigational facilities and systems,resource development of federal 3 land,and national defense and related security facilities that are dependent upon 4 coastal locations; 5 (B)uses of more than local concern, including those land and water uses that • 6 confer significant environmental, social, cultural, or economic benefits or burdens 7 beyond a single coastal district; 8 (C)the siting of major energy facilities, activities pursuant to a state oil and gas • 9 ]ease,a state gas only lease, or a federal oil and gas lease, or large-scale industrial or 10 commercial development activities that are dependent on a coastal location and that, 11 because of their magnitude or the magnitude of their effect on the economy•of the 12 state or the surrounding.area, are reasonably likely to present issues of more than 13 local significance; 14 (D) facilities serving statewide or interregional transportation and 15 - communication needs;and • 16 (Ts')uses in areas established as state parks or recreational areas under AS 41.21 17 or as state game refuges, game sanctuaries, or critical habitat areas under AS 16.20.