For the Management System to Implement the Alaska Coastal Management Program
1. In 1977, the Alaska Legislature enacted the Alaska Coastal Management Act (AS 46.40) to provide for coordinated planning for the rational use of the coastal resources of the state. (AS 46.40.020);
2. A primary purpose of the Act is to avoid the creation of new regulatory structures wherever possible, relying instead upon existing state and local authorities to implement the provisions of the Act. Accordingly, AS 46.40.040(1) provides that the Alaska Coastal Policy Council shall develop guidelines and standards “for the use of and application by” local governments and state agencies;
3. In establishing the Alaska Coastal Policy Council, the legislature recognized that there is both a local and state interest in coastal management and provided representation on the Council for officials of local governments and seven state agencies. Six state agencies in particular were deemed to have primary land and water use responsibilities in the coastal area–the Departments of Commerce and Economic Development, Community and Regional Affairs, Environmental Conservation, Fish and Game, Natural Resources, and Transportation and Public Facilities. Further, the legislature recognized that a seventh–Division of Policy Development and Planning– had a critical coordination responsibility. (AS 44.19.891(a)(2)(B)-(G));
4. On March 31, 1978, the Alaska Coastal Policy Council adopted the Alaska Coastal Management Program (ACMP) Guidelines and Standards for land and water use activities in the coastal area. A general provision in the standards requires that each state agency reviewing or considering a coastal land or water use or activity under its jurisdiction shall determine and assure that the use or activity is consistent with the ACMP Guidelines and Standards (6 AAC 80.010(b));
5. On June 18, 1978, House Concurrent Resolution No. 125, approving the ACMP Guidelines and Standards, was passed by the legislature, and the guidelines and standards took effect on July 18, 1978;
6. Because of the provisions of the Alaska Coastal Management Act, each state agency is responsible for administering land and water use regulations and controls in conformity with both the ACMP Guidelines and Standards, and, as required in AS 46.40.100, also in conformity with the coastal programs of local governments and coastal resource service areas which have been approved and are in effect;
7. Each state agency is responsible for insuring the implementation of the Alaska Coastal Management Program, and for determining whether there exists any impediment within the agency’s statutes, regulations or procedures to the carrying out of that responsibility (AS 46.40.200). It must be recognized that in complying with this obligation, state agencies must first determine whether impediments exist for the carrying out of the ACMP Guidelines and Standards and then do so again for each subsequent local coastal program which takes effect;
8. In light of the purposes of the Alaska Coastal Management Act, it is of vital importance that the regulations and local coastal programs adopted by the Council are uniformly and coherently applied by state agencies making and reviewing coastal land and water use decisions, while at the same time making maximum use of existing expertise within each state agency, and avoiding time delays in evaluation of, and agency action upon, proposals for coastal land and water uses;
9. Upon approval of the Alaska Coastal Management Program under section 306 of the federal Coastal Zone Management Act, it will be necessary to review federal projects and permit and license applications for consistency with the Alaska Coastal Management Program under section 307 of the federal Act. The state must designate a single agency for making these determinations;
In light of the foregoing, I JAY S. HAMMOND, Governor of the State of Alaska, order and declare the following:
- The foregoing cited responsibilities and obligations require the establishment of a system and procedures to assure uniform, coherent and aggressive implementation of the Alaska Coastal Management Program, and further delineation of responsibility among the state agencies. Toward this end, this order creates and formalizes the ACMP management system;
- Every state agency shall comply with applicable provisions of the order;
- Each state agency represented on the Alaska Coastal Policy Council pursuant to AS 44.19.89(b)-(g) (hereafter “primary agency”) shall, on or before June 30, 1979, prepare a written report describing how that agency shall carry out its responsibilities under this Order, 6 AAC 80.010(b), and AS 46.40.200. The report shall include existing or proposed procedures, regulations, and other material deemed necessary by the agency, and shall detail the coastal land and water uses and activities subject to that agency’s authority, for which it will determine consistency with ACMP. The report shall also show how the agency plans to provide public
comment opportunities in consistency determinations using existing public hearing and comment procedures to the maximum extent practicable. The agency shall forward a copy of the report to the Division of Policy Development and Planning (DPDP), which in turn will assure the reports are consistent.
- Within 30 days of the execution of this order, each primary agency shall designate a coastal management liaison who will be responsible for communicating with DPDP and other ACMP participants on matters related to this order and other ACMP matters. Notification of this designation will be filed with DPDP.
- In accordance with 6 AAC 80.010, each state agency, in authorizing–by permit, license or other approval–any use or activity having significant impact on the coastal area, shall grant the permit, license or other approval if, in addition to finding that the use or activity complies with the agency’s statutes and regulations, the agency finds that the use or activity is consistent with the standards contained in 6 AAC 80 and with approved local coastal programs. The provisions of this paragraph apply to any permit, license or other approval for which application is made after July 18, 1978, and which is for a use or activity located to be or located between the seaward limit of the United States territorial sea and the landward boundary of any applicable district program.
- Upon the execution of this order, each state agency shall review each pending major land or water use project or plan in the coastal area being conducted, or wholly or partially financed, by that agency, to determine whether the project or plan complies with the standards contained in 6 AAC 80 and approved district coastal programs. Agencies shall include lists of such activities in the report provided for in paragraph 3 above. A project is considered “major” if the agency determines that it is likely to significantly affect land or water resources in the coastal area. All uncompleted major projects are considered “pending” unless they have advanced beyond the conceptual stage and have been funded or approved by the legislature. After execution of this order, no state agency may make any fiscal or other resource commitment to (a) any pending major project, or (b) any major project initiated after execution of this order, unless the agency determines that the project is consistent with the standards contained in 6 AAC 80 with approved district coastal programs, and with other applicable state laws and regulations.
- Within one year of the execution of this order, each state agency shall review all projects or plans of that agency which may affect land or water use in the coastal area, and make any changes in those plans that may be necessary to insure their consistency with the standards contained in 6 AAC 80 and with approved district coastal programs. Upon a determination under this paragraph that the plan is consistent with the standards contained in 6 AAC 80 and with approved district coastal programs, projects or plans specified as to their nature and location in the plan need not be approved under paragraph 6 of this order, unless significant changes in the project are made prior to its execution.
- Each primary agency shall, within three months of the effective date of each district coastal management program, prepare supplementary reports to the initial report required under paragraph 3 of this order, showing agency actions necessary to assure full implementation of the district program. A copy of each supplementary report shall be forwarded to DPDP. DPDP will, in consultation with the agencies and the district, consolidate and finalize the supplementary report within three months and make necessary contractual arrangements to assure full implementation of the district program.
- While, in most cases, consistency determinations can be most efficiently and properly made by the primary agencies responsible for them, there may be certain occasions when an agency concludes that it cannot properly make such a determination. In such cases, the agency, or I, may ask DPDP to make the consistency determination. When making such a request, the agency shall promptly transmit the application for a permit, license or other approval to DPDP for review. In the report required in paragraph 3 of this order, an agency may stipulate certain coastal land and water uses and activities on which it will routinely ask DPDP to make the consistency determination. When making such a request, the agency shall promptly transmit the application for a permit, license or other approval to DPDP for review. In the report required in paragraph 3 of this order, an agency may stipulate certain coastal land and water uses and activities on which it will routinely ask DPDP to make the consistency determination. The agency shall provide reasonable time limits for DPDP’s review, after which consistency shall be presumed in order to meet applicable review deadlines.
- Should a dispute arise between or among state agencies, or between or among state agencies and DPDP, as to any matter relevant to consistency with the provisions of 6 AAC 80, the matter will be resolved by the Coastal Policy Council, if the matter falls under Council jurisdiction set forth in AS 46.40.100, otherwise I shall resolve the matter.
- DPDP will be the responsible agency for all matters related to the federal consistency provisions of section 307 of the federal Act. DPDP shall utilize appropriate expertise of other state agencies, and the views of local governments, in discharging its responsibilities under this paragraph. The A-95 Clearinghouse will be used to process federal consistency matters concerning federal developments (307(c)(l)), (307)(c)(3)(A)), plans for the exploration or development of areas leased under the Outer Continental Shelf Lands Act (307) (c) (3) (B)) , and applications for federal assistance (307)(d)). Standard clearinghouse procedures will be used to coordinate the review for each of these types of consistency matters.
- In making federal consistency determinations, state agencies and DPDP shall consult with affected local governments, federal agencies, and other state agencies, and shall accord great weight to their views within their areas of expertise.
- Nothing in this order may be construed as authorizing a state agency to defer action on any application for a permit, license or other approval beyond the time period otherwise provided by law.
- In carrying out their obligations under the Alaska Coastal Management Act and the ACMP Guidelines and Standards, state agencies shall assure that uses of state concern, as defined in AS 46.40.210(6) and as may be later defined by the Council, are given full consideration. State agencies must participate in the development and review of district coastal programs so that the districts will be made aware of potential exclusions or restrictions of uses of state concern that might be caused by proposed provisions of district programs. Further, in carrying out their own planning functions related to ACMP, state agencies will avoid arbitrary or unreasonable exclusions of uses of state concern which might be caused by their own actions.
- If any person, state agency, federal agency, or local government feels that a state agency is not making consistency determinations in accord with the provisions of the Alaska Coastal Management Program and this order, he shall submit to DPDP a written statement detailing the grounds for the complaint. DPDP shall review the statement and, if it appears that the complaint has merit, shall attempt to resolve the matter informally with the agency within 30 days of receipt of the statement. If resolution by this means fails, DPDP shall bring the matter to the attention of the Coastal Policy Council if the matter relates to development, approval, or implementation of a district program, and to me for all other matters.
- Until applicable district coastal program boundaries are established, the boundaries delineated by 6 AAC 85.040(b) shall be the boundaries for purposes of this order. Boundaries
of approved district programs will be used by state agencies.
- This order is intended to assure interagency communication, coordination and effective implementation and management of ACMP. Nothing in this Administrative Order shall be construed as conferring standing upon any party, public or private, to institute litigation against the state government or an agency thereof for noncompliance with this order.
Done in Juneau on this 23rd day of April, 1979.
S/S Jay S. Hammond
Jay S. Hammond
Governor of Alaska