Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.590 - Modified procedures for certain local action annexations

Current through May 31, 2024
(a) Except as
				  otherwise provided in this section, if a petition is filed with the department
				  under a local action method provided for in
				  AS
				  29.06.040(c)(3) or (4) for
				  annexation of adjacent municipally owned property or adjacent property by
				  unanimous consent of voters and property owners, only the following procedures
				  specified in
				  3 AAC 110.400 -
				  3 AAC 110.700 are required:
(1) filing a petition under
				  3 AAC 110.420;
(2) technical review of the petition under
				  3 AAC 110.440;
(3) notice and service of the petition under
				  3 AAC 110.450 -
				  3 AAC 110.470, unless the petitioning municipality, at
				  least 30 days before passage of its authorizing ordinance under
				  AS
				  29.06.040(c)(3) or (4) by
				  the council or assembly, publishes notice of the annexation proposal in a
				  newspaper of general circulation in the area or territory proposed for
				  annexation and provides the notice to each owner of property abutting the
				  boundaries proposed for annexation; the pre-ordinance notice
(A) must be published at least once in the
				  format prescribed by
				  3 AAC 110.450(a) (1);
(B) must be served on each municipality
				  within 20 miles of the boundaries of the area or territory proposed for
				  change;
(C) must be posted in
				  accordance with
				  3 AAC 110.450(a) (2) except that the
				  posting must occur on or before the date that the notice is published under (A)
				  of this paragraph;
(D) must remain
				  posted in accordance with
				  3 AAC 110.450(a) (3) except that the
				  posting deadline is determined under (4)(B) of this subsection; and
(E) may be broadcast as a public service
				  announcement under
				  3 AAC 110.450(a) (5);
(4) responsive briefs and comments
				  under 3 AAC 110.480, except that the time
				  allowed under
				  3 AAC 110.640 for the filing of responsive briefs and
				  comments is limited to 14 days from
(A) the
				  date of first publication of the notice of filing of the petition; or
(B) passage of the ordinance required by
				  AS
				  29.06.040(c)(3) or (4) by
				  the council or assembly, if the petitioning municipality published notice at
				  least 30 days before passage of the ordinance;
(5) a reply brief under
				  3 AAC 110.490, except that the time allowed under
				  3 AAC 110.640 for the filing of a reply brief is limited
				  to seven days from the date that the petitioner received the responsive
				  brief;
(6) a departmental report
				  under 3 AAC 110.530, except that the
				  department shall issue only one report concerning the local action annexation
				  proposal at least 10 days before the public hearing under
				  3 AAC 110.550; interested persons may submit written
				  comments to the department on its report no later than three days before the
				  public hearing;
(7) the
				  commission's public hearing under
				  3 AAC 110.550, except that the commission may conduct
				  the hearing by teleconference;
(8)
				  the decisional meeting under
				  3 AAC 110.570, except that the commission will convene a
				  decisional meeting to examine the written briefs, exhibits, comments, and
				  testimony and to reach a decision regarding the proposed change within 10 days
				  after the last commission hearing on the petition;
(9) reconsideration under
				  3 AAC 110.580, except that a request for reconsideration
				  must be filed within 10 days after a written statement of decision is mailed
				  under 3 AAC 110.570(f);
(10) the amendment and withdrawal provisions
				  of 3 AAC 110.540 and
				  3 AAC 110.545.