reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 6 › 11 AAC 90.135 - Notice and appeal requirements for the proposed suspension or rescission of an improvidently issued permit

Current through May 31, 2024
(a) If the
				  commissioner proposes to suspend or rescind an improvidently issued permit, the
				  commissioner will provide written notice to the permittee with a statement
				  detailing the basis for the proposed decision under
				  AS
				  27.21.180 that
(1) after review of any evidence submitted
				  under 11 AAC 90.134(c), finds that a permit was improvidently issued under the
				  criteria in 11 AAC 90.134(a); or
(2) after review of a provisional permit
				  issued under 11 AAC 90.109, finds that one or more of the conditions listed in
				  11 AAC 90.109(c)(1) - (4) exists.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 6 › 11 AAC 90.136 - Suspension or rescission requirements for improvidently issued permits

Current through May 31, 2024
(a)
				  Unless subject to reconsideration or an appeal under 11 AAC 90.135(b) or (d),
				  the commissioner will suspend or rescind the permit when the time specified in
				  11 AAC 90.134(c) expires. The commissioner will provide written notice to the
				  permittee when a permit is suspended or rescinded and will post a copy of the
				  notice in the department office closest to the permit area.
(b) A permittee may request reconsideration
				  of the suspension or rescission under 11 AAC 90.135(b) or, if all
				  administrative remedies are exhausted, the permittee may request judicial
				  review of the suspension or rescission.
Authority:
AS
						27.21.030
AS
						27.21.150
AS
						27.21.190
AS
						27.21.240
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 6 › 11 AAC 90.137 - Ownership or control challenges

Current through May 31, 2024
(a) A person may
				  request a reconsideration of a listing or finding of ownership or control under
				  11 AAC 90.105 if
(1) the person is listed in a
				  permit application or in the applicant violator system as an owner or
				  controller of all or part of a surface coal mining operation;
(2) the commissioner finds that the person is
				  an owner or controller of all or part of a surface coal mining operation under
				  11 AAC 90.105(b); or
(3) the person
				  is an applicant or permittee affected by an ownership or control listing or
				  finding.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 7 › 11 AAC 90.159 - Lands eligible for re-mining

Current through May 31, 2024
(a) A person may be
				  eligible to obtain a permit on previously mined lands with an unabated
				  violation under 11 AAC 90.104(c). A person who submits a permit application to
				  conduct a surface coal mining operation on previously mined lands eligible for
				  re-mining must comply with (b) of this section.
(b) In addition to the information required
				  for an application under this chapter, an applicant for a permit on lands
				  eligible for re-mining shall conduct a diligent investigation of the site. A
				  diligent investigation includes visual observations, a record review of mining
				  on the site, and an environmental sampling tailored to current site conditions.
				  Following an investigation, the applicant shall identify and include in the
				  application potential environmental and safety problems not otherwise addressed
				  that a person could reasonably anticipate occurring. The applicant must also
				  describe the mitigation measures that the applicant or operator will take to
				  meet the reclamation requirements under this chapter.
Authority:
AS
						27.21.030
AS
						27.21.110
AS
						27.21.210
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 7 › 11 AAC 90.613 - Cessation orders

Current through May 31, 2024
(a) The commissioner will immediately issue a
				  cessation order to the permittee or operator of exploration activities, of
				  surface coal mining and reclamation operations, or of the relevant portion of
				  an operation if the commissioner finds, on the basis of an inspection,
(1) a condition or practice of an exploration
				  activity or surface coal mining and reclamation operation that
(A) creates an imminent danger to the health
				  or safety of the public; or
(B)
				  causes, or is reasonably expected to cause, significant imminent environmental
				  harm to land, air, or water resources; or
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 7 › 11 AAC 90.617 - Pattern of violations of AS 27.21 or the term of a permit

Current through May 31, 2024
(a) Upon a finding
				  that a pattern of violations exists under
				  AS
				  27.21.240(f), the
				  commissioner will issue the permittee a notice of violation and an order
				  described in
				  AS
				  27.21.240(f) to show cause.
				  For the purpose of
				  AS
				  27.21.240(f) and this
				  subsection,
(1) a violation is caused
				  willfully if the person who authorized, ordered or carried out an act or
				  omission that resulted in either a violation or the failure to abate or correct
				  a violation acted
(A) intentionally,
				  voluntarily, or consciously; and
(B) with intentional disregard of or plain
				  indifference to legal requirements;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 7 › 11 AAC 90.625 - Penalty assessment and computation

Current through May 31, 2024
(a) The
				  commissioner may assess a penalty for each violation contained in a notice of
				  violation issued under 11 AAC 90.615 and will assess a penalty for each
				  violation contained in a cessation order issued under 11 AAC 90.613. The
				  commissioner will determine whether to assess a penalty and compute the amount
				  of a penalty in accordance with this section.
(b) The commissioner will find the beginning
				  dollar value by determining the seriousness of a violation based on the adverse
				  environmental impact and the hazard to public health and safety. The value will
				  be the sum of
(1) the degree of the adverse
				  environmental impact, with no adverse impact assigned a zero dollar value,
(A) for a minimal degree of adverse impact, a
				  dollar value of
(i) 25 for potential
				  environmental impact;
(ii) 50 for
				  actual environmental impact;
(iii)
				  100 for irreparable environmental impact;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 7 › 11 AAC 90.635 - Civil penalty against a director, officer, or agent of a corporate permittee

Current through May 31, 2024
(a) Under the circumstances set out in (b)(1)
				  and (2) of this section for a violation by a permittee that is a corporation,
				  the commissioner may assess a civil penalty against a director, officer, or
				  agent of the corporate permittee, if the director, officer, or agent knowingly
				  and willfully authorized, ordered, or carried out a violation of AS 27.21, this
				  chapter, or a permit condition.
(b)
				  The commissioner will not assess a civil penalty under (a) of this section in
				  situation resulting from a violation by a corporate permittee unless
(1) the commissioner issues a cessation order
				  to the corporate permittee for a violation; and
(2) the violation remains unabated for at
				  least 30 days after issuance of the cessation order.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 7 › 11 AAC 90.637 - Amount of civil penalty against a director, officer, or agent of a corporate permittee

Current through May 31, 2024
(a) In determining the amount of a civil
				  penalty assessed against a director, officer, or agent of a corporate permittee
				  under
				  AS
				  27.21.250(a) and 11 AAC 90.635, in addition to the penalty assessed under
				  AS
				  27.21.250(h), the
				  commissioner will consider
(1) the
				  director's, officer's, or agent's history of authorizing, ordering, or carrying
				  out previous violations, failures, or refusals at the particular
				  operation;
(2) the seriousness of
				  the violation, failure, or refusal, as indicated by
(A) the extent of damage;
(B) the anticipated cost of
				  reclamation
(C) whether irreparable
				  damage to the environment occurred;
(D) the extent that the violation, failure,
				  or refusal has created a hazard to public health or safety; and
(E) the seriousness of any hazard that has
				  been created to public health or safety;
(3) the extent to which the director's,
				  officer's, or agent's negligence, rather than knowing and willful conduct,
				  resulted in the violation, failure, or refusal; and
(4) the demonstrated good faith of the
				  director, officer, or agent in attempting to achieve rapid compliance after
				  receiving the notice of the violation, failure, or refusal.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 7 › 11 AAC 90.639 - Procedure for assessment of civil penalty against a director, officer, or agent of a corporate permittee

Current through May 31, 2024
(a) If assessing a
				  civil penalty against a director, officer, or agent of a corporate permittee
				  under
				  AS
				  27.21.250(a) and 11 AAC 90.635, in addition to the penalty assessed under
				  AS
				  27.21.250(h), the
				  commissioner will serve a notice of the proposed civil penalty assessment on
				  each director, officer, or agent to be assessed. In the notice, the
				  commissioner will include a narrative explanation of the reasons for the
				  penalty, the amount of the proposed assessment, and a copy of any underlying
				  notice of violation and cessation order.
(b) The notice of proposed civil penalty
				  assessment becomes a final decision of the commissioner 30 days after service
				  upon the director, officer, or agent unless
(1) the director, officer, or agent contests
				  the amount of the penalty or the fact of the violation, in accordance with
				  AS
				  27.21.250(b); or
(2) the director, officer, or agent, or the
				  responsible corporate permittee agree with the commissioner in writing to a
				  plan and schedule for the abatement or correction of the violation.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 7 › 11 AAC 90.641 - Payment of penalty assessed against a director, officer, or agent of a corporate permittee

Current through May 31, 2024
(a) Except as provided in (b) and (c) of this
				  section, a director, officer, or agent of a corporate permittee shall pay in
				  full a civil penalty not later than 30 days after service of a notice under 11 AAC 90.639 of a proposed civil penalty assessment.
(b) If the director, officer, or agent named
				  in a notice of proposed civil penalty assessment contests the amount of the
				  penalty or the violation in accordance with
				  AS
				  27.21.250(b) and 11 AAC 90.639(b), the penalty is due not later than 30 days after the commissioner
				  issues a final written decision affirming, increasing, or decreasing the
				  proposed penalty.
(c) If the
				  director, officer, or agent, or the responsible corporate permittee agree with
				  the commissioner in writing to a plan and schedule for the abatement or
				  correction of the violation, and the abatement or correction is not
				  satisfactory, the penalty is due not later than 30 days after the commissioner
				  issues a final written decision affirming, increasing, or decreasing the
				  proposed penalty.
(d) If a
				  director, officer, or agent who is assessed a penalty as set out in 11 AAC 90.635-11 AAC 90.639 fails to pay an overdue penalty, the commissioner may
(1) request that the attorney general
				  initiate litigation to recover the penalty;
(2) report the failure to the United States
				  Internal Revenue Service;
(3)
				  report the failure to the Department of Revenue;
(4) report the failure to credit bureaus;
				  or
(5) refer the debt to collection
				  agencies.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 12 › 11 AAC 90.643 - Criminal penalties

Current through May 31, 2024
If an inspection under
					 AS
					 27.21.230 or an investigation under
					 AS
					 27.21.240 shows that a person meets the
					 criteria for criminal prosecution under
					 AS 27.21.250(e), (f), (g), or
					 (i), the commissioner may notify the attorney
					 general of the results of the inspection or investigation and request that the
					 attorney general pursue criminal prosecution against the
					 person.
Authority:
AS
						27.21.030
AS
						27.21.250
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 12 › 11 AAC 90.645 - Civil actions for relief

Current through May 31, 2024
(a) The
				  commissioner is not required to issue a notice of violation or a cessation
				  order before requesting the attorney general to institute a civil action for
				  relief under
				  AS
				  27.21.240.
(b) The commissioner may make a request under
				  (a) of this section after a single instance of any violation, interference, or
				  unlawful refusal under
				  AS 27.21.240(j)(1) -
				  (4).
Authority:
AS
						27.21.030
AS
						27.21.250
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 17 › 11 AAC 90.898 - Contractor eligibility

Current through May 31, 2024
The commissioner will not authorize the dispersal of money
					 from the abandoned mine reclamation fund (30 U.S.C.
					 1231) to a successful bidder for an abandoned
					 mine land program contract, for either coal or non-coal projects, until the
					 requirements of this section are met. The commissioner must determine that the
					 bidder meets the permit eligibility requirements under 11 AAC 90.104 and that
					 the bidder does not appear on the list generated under
					 AS
					 36.05.090(b). In order for
					 the commissioner to make this determination, a successful bidder must provide
					 the commissioner with the ownership and control information required under 11 AAC 90.023(b) and (c).
Authority:
AS
						27.21.030
AS
						27.21.270
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 18 › 11 AAC 90.913 - Permit eligibility violations

Current through May 31, 2024
When used in the context of the permit application
					 information or permit eligibility requirements of
					 AS
					 27.21.110,
					 AS
					 27.21.180, and related regulations, a
					 violation is
(1) a failure to comply
				  with an applicable provision of a federal or state law or regulation pertaining
				  to air or water environmental protection, as evidenced by a written
				  notification from a governmental entity to the responsible person; or
(2) an act of noncompliance for which the
				  commissioner has provided one or more of the following types of notice:
(A) a notice of violation under 11 AAC
				  90.615;
(B) a cessation order under
				  11 AAC 90.613;
(C) a final order,
				  bill, or demand letter pertaining to a delinquent civil penalty assessed under
				  11 AAC 90.625 or 11 AAC 90.635;
(D)
				  a bill or demand letter pertaining to delinquent reclamation fees owed under  30
				  C.F.R Part 870  ;
(E) a notice of
				  bond forfeiture under 11 AC 90.213 if
(i) one
				  or more violations upon which the forfeiture was based have not been abated or
				  corrected; or
(ii) the amount
				  forfeited and collected is insufficient for full reclamation under 11 AAC
				  90.201, the regulatory authority orders reimbursement for additional
				  reclamation costs, and the person has not complied with the reimbursement
				  order.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 91 - Zoning › Article 1 - General Provisions › 11 AAC 91.010 - Administration

Current through May 31, 2024
The division of lands will administer this chapter. No
					 error or omission on the part of the division will legalize, authorize, or
					 excuse the violation of any of the provisions of this
					 chapter.
Authority:
AS
						38.05.020
AS
						38.05.037
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 91 - Zoning › Article 1 - General Provisions › 11 AAC 91.020 - Procedure for adoption of zoning

Current through May 31, 2024
Any zoning adopted under this chapter will be adopted in
					 accordance with the Administrative Procedure Act (AS 44.62).
Authority:
AS
						38.05.020
AS 38.05.037
AS 38.08.080
AS
						38.08.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 91 - Zoning › Article 1 - General Provisions › 11 AAC 91.030 - Legislative disapproval

Current through May 31, 2024
If a zone adopted under this chapter is disapproved by a
					 specific action of the legislature, the land within that zoned area will be
					 considered zoned general.
Authority:
AS
						38.05.020
AS 38.05.037
AS 38.08.080
AS
						38.08.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 91 - Zoning › Article 1 - General Provisions › 11 AAC 91.040 - Official maps

Current through May 31, 2024
The official zoning maps showing districts in which zoning
					 restrictions apply will be the status plats of the division of lands upon the
					 effective date of adoption of the zoning regulations and as may be subsequently
					 amended by future additions or revisions.
Authority:
AS
						38.05.020
AS 38.05.037
AS 38.08.080
AS
						38.08.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 91 - Zoning › Article 1 - General Provisions › 11 AAC 91.050 - Enforcement

Current through May 31, 2024
(a) The director may make inspections and
				  take action as required to enforce the provisions of this chapter.
(b) Whenever it is necessary to make an
				  inspection to enforce any of the provisions of this chapter, or whenever the
				  director has reasonable cause to believe that there exists in any building or
				  upon any premises any condition which makes the building or premises in
				  violation of any provision of this chapter, the director or his authorized
				  representative may enter the building or premises at all reasonable times to
				  inspect it. However, no inspection for which a warrant would be required under
				  the Constitution of the State of Alaska or of the United States may be
				  conducted under this section unless the director first obtains an
				  administrative inspection warrant authorizing that inspection. The director
				  shall apply to the trial courts of the State of Alaska for inspection
				  warrants.
(c) Any violation of
				  zoning requirements and restrictions that are adopted under this chapter will
				  be cause for administrative remedies, including cancellation of affected state
				  leases, contracts, permits, or other authorizations, and for civil relief, in
				  the form of suit for abatement of the violation and for waste, injury, or
				  trespass to state land or interests in it.
(d) Any person aggrieved by a violation or
				  apparent violation of this chapter may file a written complaint with the
				  director, who shall, within 60 days, make a preliminary investigation of the
				  complaint and render a written response to the complainant and to the alleged
				  offender, describing the actions, if any, that the state intends to
				  take.
(e) Any person aggrieved by a
				  violation or apparent violation of this chapter may institute or cause to be
				  instituted any appropriate civil action to prevent, enjoin, abate, remove or
				  punish the violation or to obtain monetary damages suffered by that
				  person.
Authority:
AS
						38.05.020
AS 38.05.037
AS 38.08.080
AS
						38.08.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 91 - Zoning › Article 1 - General Provisions › 11 AAC 91.060 - Appeals

Current through May 31, 2024
An appeal from a decision of the director regarding the
					 designation of zoning districts and the conditions and uses in them, the
					 issuance of variances, the permitting of conditional and nonconforming uses, or
					 other matters covered by this chapter, if taken, may be made by an aggrieved
					 person to a board of adjustment composed of the commissioners of natural
					 resources, commerce, community, and economic development, and environmental
					 conservation, or their designated representatives. The appeal must be in
					 writing and filed with the director within 30 days after issuance of the
					 decision appealed. The board of adjustment shall meet within 60 days after the
					 receipt of appeal and shall render a decision by majority vote no later than 15
					 days following the hearing. The decision of the board of adjustment will be the
					 final administrative decision.
As of Register 171 (October 2004), the regulations
						attorney made technical revisions under
						AS
						44.62.125(b)(6) to reflect
						the name change of the Department of Community and Economic Development to the
						Department of Commerce, Community, and Economic Development made by ch. 47, SLA
						2004 and the corresponding title change of the commissioner of community and
						economic development.
Authority:
AS
						38.05.020
AS 38.05.037
AS 38.08.080
AS
						38.08.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 91 - Zoning › Article 1 - General Provisions › 11 AAC 91.070 - Nonconforming uses

Current through May 31, 2024
A nonconforming use or structure that exists at the date
					 zoning or a change in zoning becomes applicable to a specific tract of land may
					 continue so long as there is no modification of the nonconforming use or
					 structure in excess of 15 percent of its value at the date modification is
					 made, and so long as the nonconforming use continues uninterrupted. Any
					 modification of a nonconforming use or structure in excess of 15 percent of its
					 value, or any cessation of the nonconforming use, will terminate the privilege
					 of continuing the nonconforming use or use of the nonconforming structure.
					 However, nothing in this section prevents any modification of a nonconforming
					 use or structure that would serve to reduce its
					 nonconformity.
Authority:
AS
						38.05.020
AS 38.05.037
AS 38.08.080
AS
						38.08.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 91 - Zoning › Article 1 - General Provisions › 11 AAC 91.080 - Zoning changes

Current through May 31, 2024
(a) The owner of any property covered by
				  zoning under this chapter may petition for a change in zoning of his property
				  or of adjacent vacant state land. Within 90 days after receipt of the petition,
				  the director shall schedule a hearing under the Administrative Procedure Act in
				  the recording district of the proposed zoning change. Before notice and
				  hearing, the director may modify the boundaries of the area considered for
				  rezoning. Owners of record of property within one-quarter mile of the
				  boundaries of the land to be rezoned, or the nearest 50 owners of record,
				  whichever number is larger, shall be notified by mail of the proposed change
				  and the hearing. The petitioner shall bear the cost of publishing the hearing
				  notice and notifying owners of record.
(b) A petition for an amendment of a zoning
				  district must contain the following information:
(1) the name and address of the
				  petitioner;
(2) a description of
				  land area petitioned to be rezoned, together with a sketch to scale showing the
				  boundaries of the area petitioned to be rezoned, and an indication of the
				  existing zoning on all adjacent sides of the petition area;
(3) a statement of justification for the
				  rezoning that includes one or more of the following factors:
(A) changed area conditions;
(B) error in original zoning;
(C) conformance to an adopted comprehensive
				  plan for the area;
(D) peculiar
				  suitability of the site for the specific use proposed;
(4) a description and sketches of buildings
				  or uses proposed if rezoning is granted, together with a description of
				  adjacent land uses;
(5) a statement
				  of the expected effect that the petitioned rezoning would have on adjacent
				  uses.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 91 - Zoning › Article 1 - General Provisions › 11 AAC 91.090 - Variances

Current through May 31, 2024
(a) A petition for a variance may be made to
				  the director. The petition must be supported by documents, maps, plans, and
				  other material providing the following information:
(1) name and address of the owner and
				  petitioner and, if the petitioner is not the owner, a statement that he has the
				  permission of the owner to petition and act as agent for the owner;
(2) legal description of the subject
				  land;
(3) a description of the
				  precise nature of the proposed use or structure for which the variance is
				  requested, and measures proposed to make it compatible with other properties in
				  the vicinity;
(4) a site plan
				  showing proposed development of the site, including topography, building or
				  structure locations, parking and access points, usable open space, landscaped
				  area, utilities and drainage features;
(5) any additional materials the director may
				  prescribe.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 91 - Zoning › Article 1 - General Provisions › 11 AAC 91.100 - Conditional use permits

Current through May 31, 2024
(a) Subject to sec.
				  110 of this chapter, a conditional use permit may be approved by the director.
				  The conditions under which the use is permitted will be specified and will be
				  those conditions that will enable an otherwise nonconforming use to be
				  compatible with the existing zoning of the area.
(b) A petition for a conditional use permit
				  must be submitted to the director in writing, together with the following
				  information:
(1) the name and address of the
				  owner and petitioner and, if the petitioner is not the owner, a statement that
				  he has the permission of the owner to petition and act as agent for the
				  owner;
(2) a legal description of
				  the subject land;
(3) a site plan
				  showing proposed development of the site, including topography, building or
				  structure locations, usable open space, utilities, landscaped area, and
				  drainage features;
(4) a
				  description of the precise nature of the proposed use, and measures proposed to
				  make the use compatible with other properties in the vicinity;
(5) additional materials the director may
				  prescribe.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 91 - Zoning › Article 1 - General Provisions › 11 AAC 91.110 - Public notice

Current through May 31, 2024
Notice of intent to grant a variance or a conditional use
					 permit must be sent to all property owners of record within one-quarter mile of
					 the parcel for which the variance or conditional use permit is requested, or to
					 the owners of the record of the nearest 50 parcels, whichever number is
					 greater. If 10 percent of the owners object, the director shall hold a hearing
					 to consider granting the variance or conditional use permit before he makes his
					 decision.
Authority:
AS
						38.05.020
AS 38.05.037
AS 38.08.080
AS
						38.08.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 91 - Zoning › Article 2 - Zoning District Regulations › 11 AAC 91.120 - General zoning district

Current through May 31, 2024
Permissible uses in the general zoning district are all
					 those not otherwise prohibited by law or regulation.
Authority:
AS
						38.05.020
AS 38.05.037
AS 38.08.080
AS
						38.08.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 91 - Zoning › Article 2 - Zoning District Regulations › 11 AAC 91.130 - Homesite entry district

Current through May 31, 2024
(a) The conditions
				  applicable to homesite entry zoning are
(1)
				  lot sizes may not exceed five acres and may not be less than 40,000 square
				  feet;
(2) no more than one
				  single-family residence per lot will be permitted;
(3) the setbacks from the property lines must
				  be at least 25 feet on the front and rear lines and at least 15 feet on the
				  side lot lines, but not less than 100 feet from any waterway or body of
				  water.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 91 - Zoning › Article 2 - Zoning District Regulations › 11 AAC 91.140 - Open-to-entry district

Current through May 31, 2024
(a) The following uses are prohibited in
				  open-to-entry districts:
(1) any industrial
				  use;
(2) removal of rock, sand and
				  gravel;
(3) mobile home parks of
				  more than two mobile homes;
(4)
				  multiple-family dwellings, except for duplexes.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 91 - Zoning › Article 3 - Designation of Districts › 11 AAC 91.200 - General zoning district

Current through May 31, 2024
All state land other than that specified in secs. 201 - 299
					 of this chapter is in the general zoning district.
Authority:
AS
						38.05.020
AS
						38.05.037
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 91 - Zoning › Article 3 - Designation of Districts › 11 AAC 91.210 - Homesite entry districts

Current through May 31, 2024
The following areas are zoned homesite entry:
(1) Delta Homesites
(A) a parcel of land known as "Delta
				  Homesites ASLS 77-162," located within Section 31, T10S, R12E, F.M.,
				  Alaska;
(B) a parcel of land known
				  as "Delta Homesites ASLS 77-163," located within Section 36, T10S, R11E, F.M.,
				  Alaska.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 91 - Zoning › Article 3 - Designation of Districts › 11 AAC 91.220 - Open-to-entry districts

Current through May 31, 2024
The following areas are zoned open-to-entry: a parcel of
					 land described as Lots 1, 2, 3, and 4, the
					 E
1
/
2
W
1
/
2
,
					 and the
					 E
1
/
2
E
1
/
2
,
					 located within Section 18, T4N, R1W, C.R.M., Alaska.
Authority:
AS
						38.05.020
AS 38.05.037
AS 38.05.077
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 1 - Existing Rights › 11 AAC 93.010 - "Existing rights" defined

Current through May 31, 2024
Existing rights (also called "grandfather rights") are
					 those water use rights established on or before July 1, 1966, by one of the
					 following means:
(1) a lawful common
				  law or customary appropriation or use of water, such as, but not limited by
				  example, the use of water by the holder of a mining claim including within the
				  claim boundaries both banks of the stream from which the water was taken, or
				  the use of water following the posting of a notice of appropriation at the
				  point of diversion, construction of a means of diversion, and recording of a
				  notice of appropriation;
(2)
				  beneficial use of water at any time during the period from July 1, 1961 - July
				  1, 1966; or
(3) construction of a
				  means for appropriating water for a beneficial use if construction was in
				  progress on July 1, 1966.
Authority:
AS
						46.15.020
AS
						46.15.060
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 1 - Existing Rights › 11 AAC 93.020 - Filing period

Current through May 31, 2024
A claim to an existing right is extinguished unless the
					 claim was filed by
(1) March 27, 1967,
				  for the Kodiak Recording District;
(2) May 31, 1967, for the Seldovia, Homer,
				  Kenai, and Seward Recording Districts;
(3) July 31, 1967, for the Anchorage, Palmer,
				  and Whittier Recording Districts;
(4) October 31, 1967, for all Southeast
				  Alaska Recording Districts; and
(5)
				  April 30, 1968, for the Cordova, Nome, and Fairbanks Recording Districts and
				  for the remainder of the state.
Authority:
AS
						46.15.020
AS
						46.15.135(b)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 1 - Existing Rights › 11 AAC 93.030 - Hearings on a determination of existing rights

Current through May 31, 2024
(a) Any person who
				  is adversely affected by a determination of existing rights made by the
				  commissioner may, within 20 calendar days after the date of mailing of the
				  summary of determination provided for by
				  AS
				  46.15.135(c), make a written
				  request for a hearing. The request must set forth
(1) the name and address of the person making
				  the request;
(2) the person's right
				  or interest in water from the watershed or source affected by the determination
				  and the date on which the right or interest was acquired;
(3) the manner and extent of damage to the
				  person's right or interest that may result from the determination;
				  and
(4) the specific error believed
				  to exist in the commissioner's determination.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.035 - Requirement to apply for the use of a significant amount of water

Current through May 31, 2024
(a) A
				  significant amount of water is that amount of water for which an application
				  for a water right or an application for a temporary water use authorization is
				  required, as described in (b) of this section.
(b) A person shall file an application for a
				  water right under
				  11 AAC 93.040 or for a temporary
				  water use authorization under
				  11 AAC 93.220 before
(1) the consumptive use of more than 5,000
				  gallons of water from a single source in a single day;
(2) the regular daily or recurring
				  consumptive use of more than 500 gpd from a single source for more than 10 days
				  per calendar year;
(3) the
				  non-consumptive use of more than 30,000 gpd (0.05 cubic feet per second) from a
				  single source; or
(4) any water use
				  that may adversely affect the water rights of other appropriators or the public
				  interest.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.050 - Incomplete applications

Current through May 31, 2024
(a) An application
				  that does not substantially comply with the requirements of
				  11 AAC 93.040 will not be accepted
				  for filing.
(b) The commissioner
				  will, in his or her discretion, require an applicant whose application complies
				  with the requirements of
				  11 AAC 93.040, and has been
				  accepted for filing, to provide additional information if, during the
				  adjudication process, it is determined that the application fails to clearly
				  present and document all aspects of the proposed project. The commissioner will
				  identify deficiencies in the application and the applicant will be given 30
				  days in which to submit supplemental information, unless a longer period of
				  time is allowed by the commissioner. The applicant's failure to submit that
				  supplemental information within the required time is grounds for rejecting the
				  application without further notice; a request from the commissioner for
				  additional information will contain a warning to that effect.
Authority:
AS
						46.15.020
AS
						46.15.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.060 - Water rights on state-leased land

Current through May 31, 2024
When a lessee of state land applies for a water right,
					 water required for the use and enjoyment of the leasehold may be appropriated
					 for the lessee's use. The lessee shall comply with the provisions of
					 11 AAC 93.040 -
					 11 AAC 93.140 in securing the
					 appropriation. If the commissioner approves the appropriation, the
					 appropriation will be granted to the lessee and will be for the benefit of the
					 leased land. Upon an assignment of the lease, the water right remains for the
					 benefit of the leased land. Upon termination of the lease or upon the
					 expiration of the permit issued under
					 11 AAC 93.120, the water right is
					 considered intentionally abandoned, unless the lessee exercises a preference
					 right to purchase the land, or unless the commissioner grants an extension of
					 the water right beyond the lease term for good cause shown or assigns the water
					 right to a state agency. The water right thus granted must be consistent with
					 the provisions of the lease itself, this chapter, and AS
					 46.15.
Authority:
AS
						46.15.020
AS
						46.15.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.065 - Water rights on private-leased land

Current through May 31, 2024
If a lessee of privately owned land applies for a water
					 right, water required for the use and enjoyment of the leasehold may be
					 appropriated for the lessee's use. The lessee shall comply with the provisions
					 of 11 AAC 93.040 -
					 11 AAC 93.140 in securing the
					 appropriation. The commissioner will give notice by certified mail to the
					 lessor that a water right has been applied for on the lessor's land. The
					 appropriation, if granted, will be issued to the lessee and will be for the
					 benefit of the leased land. Upon termination of the lease and nonuse of water
					 by the lessor or subsequent lessee for five years, or upon the expiration of
					 the permit issued under
					 11 AAC 93.120, the water right is
					 considered intentionally abandoned. The water right thus granted must be
					 consistent with the provisions of the lease itself, this chapter, and AS
					 46.15.
Authority:
AS
						46.15.020
AS
						46.15.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.070 - Departmental investigations

Current through May 31, 2024
(a) Upon receipt of
				  or while adjudicating an application for water use, the department may
				  investigate or inspect the proposed diversion, withdrawal, or impoundment
				  structures, the source of the water, meter records, gage data, well logs, and
				  other competing uses for water within the area, to determine whether there is a
				  possibility that existing water rights of other persons or the public interest
				  will be adversely affected or impaired by the proposed appropriation. Failure
				  of the applicant to cooperate in the investigation will result in rejection of
				  the application.
(b) The
				  commissioner will, in his or her discretion, require the applicant to
(1) submit water well information, including
				  well depth, pump setting, and current static water level;
(2) drill test wells and observation
				  wells;
(3) conduct pump and aquifer
				  tests;
(4) provide test results or
				  other hydrologic data and information necessary to better determine the effects
				  of proposed appropriation on prior appropriators and the public
				  interest;
(5) provide any other
				  information necessary to make a finding under
				  AS
				  46.15.080.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.080 - Public notice

Current through May 31, 2024
When the department begins adjudicating a water right
					 application, the department will provide notice of the application as
					 follows:
(1) the department will
				  publish notice under
				  AS
				  46.15.133 in a newspaper of general
				  circulation in the vicinity in which the water is to be appropriated;
(2) the department will post the notice on
				  the Alaska Online Public Notice System as required under
				  AS
				  44.62.175; in addition, if there is no
				  newspaper of general circulation in the vicinity, the department will post the
				  notice during the public comment period prescribed by
				  AS
				  46.15.133 in a public place near the site of
				  the proposed appropriation;
(3) the
				  department will serve individual notice by certified mail on prior
				  appropriators who may be taking water from the same source;
(4) repealed 8/20/2004;
(5) the department will provide written
				  notice to any person known to the department to own land where the water is to
				  be withdrawn or used, or over which the water is to be transported, or whose
				  request to receive notice is on file with the department;
(6) the public comment period set by
				  AS
				  46.15.133(c) begins the
				  first day the newspaper publication appears, or the first day of posting, or
				  upon receipt of the notice as evidenced by the certified mail receipt, date
				  stamp, or other evidence of actual service;
(7) the department may extend the notice and
				  public comment period.
Authority:
AS
						46.15.020
AS
						46.15.133
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.090 - Objections

Current through May 31, 2024
(a) If no written objection is received from
				  any person during the public comment period, the commissioner will proceed with
				  adjudication of the application.
(b) All timely objections will be considered
				  by the commissioner and each will receive a written response after the close of
				  the public comment period.
(c) In
				  adjudication of the application, the commissioner will, in his or her
				  discretion, consider objections that are received by the commissioner after the
				  close of the public comment period.
Authority:
AS
						46.15.020
AS
						46.15.133
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.100 - Exemptions to notice

Current through May 31, 2024
An application to appropriate 5,000 gallons of water per
					 day (gpd) or less is exempt from the notice provisions of
					 11 AAC 93.080 and
					 AS
					 46.15.133, except that the Department of Fish
					 and Game will be notified of an application for a water right from an
					 anadromous fish stream listed in the Alaska Department of Fish and Game Catalog
					 of Water Important for Spawning, Rearing, or Migration of Anadromous Fishes or
					 a stream identified as supporting fish in the ADF&G Habitat Regional
					 Guides. However, in an area where the total amount of water available appears
					 to the department to be limited with respect to the number of potential users
					 of the same source, or upon the request of another state or federal agency or a
					 municipality as defined by AS 29, or to protect the public interest, the
					 commissioner will, in his or her discretion, require public notice as provided
					 by 11 AAC 93.080.
Authority:
AS
						46.15.020
AS
						46.15.133
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.110 - Hearings

Current through May 31, 2024
(a) If objections are received during the
				  public comment period, the commissioner will, in his or her discretion, hold a
				  hearing on the objections.
(b) The
				  commissioner will, in his or her discretion, hold a hearing to acquire
				  additional information on an application if the commissioner determines that
				  the water rights of prior appropriators or the public interest might be
				  adversely affected or if the commissioner determines that additional
				  information is required to rule on the application.
(c) The hearing will be public and a record
				  will be kept.
Authority:
AS
						46.15.020
AS
						46.15.133
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.115 - Closure of an application for a water right

Current through May 31, 2024
A pending water right application and the department's
					 application file will, in the commissioner's discretion, be closed if
(1) the applicant informs the commissioner,
				  in writing, or by filing a notice of relinquishment, that the applicant has
				  abandoned plans to develop the water source or use, in which case the
				  application will, in his or her discretion, be closed by the commissioner
				  without further correspondence with the applicant;
(2) the applicant informs the commissioner
				  orally that the applicant has abandoned plans to develop the water source and
				  use, in which case the applicant will be notified in writing that the
				  application is closed as a consequence of the oral notice;
(3) the commissioner is unable to locate the
				  applicant by certified mail at the address on file in order to adjudicate the
				  application, in which case the application will, in the commissioner's
				  discretion, be closed without further correspondence by the commissioner with
				  the applicant; or
(4) the applicant
				  fails to provide information requested under
				  11 AAC 93.070 or fails to complete
				  the newspaper notice of the proposed appropriation, in which case the applicant
				  will be notified by certified mail that the application has been closed, noting
				  the reason for the closure, the effective date of the closure, and any appeal
				  process.
Authority:
AS
						46.15.020
AS
						46.15.133
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.120 - Issuance of a permit to appropriate water

Current through May 31, 2024
(a) The
				  commissioner will issue a permit to appropriate water if he or she finds that
				  the appropriation meets the requirements of
				  AS
				  46.15.080.
(b) The permit will be issued for a period of
				  time that the commissioner considers to be consistent with the public interest
				  and adequate to finish construction and establish the full use of water. The
				  following time periods are the maximum time periods for which a permit will be
				  issued unless the applicant proves to the satisfaction of the commissioner, or
				  unless the commissioner independently determines, that a longer time period is
				  required to establish the full use of water:
(1) domestic water use: two years;
(2) commercial irrigation: five
				  years;
(3) public water supply
(i) use of 250,000 gpd or less: five
				  years;
(ii) use of over 250,000
				  gpd: 10 years;
(4)
				  industrial and commercial water use: five years;
(5) mining water use: 10 years;
(6) small-scale hydroelectric facilities that
				  generate 100 kilowatts or less: five years;
(7) large-scale hydroelectric facilities that
				  generate over 100 kilowatts: 10 years.