appendix c - alaska department of natural...

APPENDIX CREGULATIONS

Alaska Coastal Management Program RegulationsRegister 94, July 1985

PART 6.ALASKA COASTAL POLICY COUNCIL

Chapter80. Standards of the Alaska Coastal

Management Program(6 AAC 80.010-6 AAC 80.900)

85. Guidelines for District CoastalManagement Programs(6 AAC 85.010-6 AAC 85.900)

CHAPTER 80.STANDARDS OF THE ALASKA

COASTAL MANAGEMENT PROGRAM

GOVERNOR'S OFFICE 6 AAC 80.010 6 AAC 80.020

Article1.

2.

3.

4.

5.

Government Process(6 AAC 80.010-6 AAC 80.030)Uses and Activities(6 AAC 80.040-6 AAC 80.120)Resources and Habitats(6 AAC 80.130-6 AAC 80.150)Areas Which Merit Special Attention(6 AAC 80.158-6 AAC 80.170)General Provisions (6 AAC 80.900)

ARTICLE 1.GOVERNMENT PROCESS

Section10. Coverage of chapter20. Pubtic participation and Information30. Profram management and coordination

6 AAC 80.010. COVERAGE OF CHAPTER.(a) This chapter contains standards for the useof and application by districts and state agenciesin carrying out their responsibilities under theAlaska Coastal Management Act (AS 46.40, andAS 44.19.891 -44.19.894).

(b) Nothing in this chapter or in any districtprogram displaces or diminishes the authority of

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any state agency or local government withrespect to resources in the coastal area. Uses andactivities conducted by state agencies in the.coastal area must be consistent with theapplicable district program and the standardscontained in this chapter. In authorizing uses oractivities in the coastal area under its statutoryauthority, each state agency snail grantauthorization if, in addition to finding that theuse or activity complies with the agency'sstatutes and regulations, the agency finds thatthe use or activity is consistent with the appli-cable district program and the standards con-tained in this chapter. However, if the districtprogram and the standards in this chapter bothaddress the same operational subject or issue,the provisions of the district program are con-trolling.

(c) At a minimum, the council will review thischapter annually. (Eff. 7/18/78, Reg. 67; am9/9/81, Reg. 79)

Authority: AS 44.19.160AS 46.40.040AS 46.40.100

6 AAC 80.020. PUBLIC PARTICIPATIONAND INFORMATION, (a) The council willprovide adequate, effective, and continuingopportunities for public participation from thebeginning of the Alaska coastal managementprogram. The council will give notice of whenand when opportunities for public participationwill be provided before adoption of guidelinesand standards, review and approval of districtprograms and amendments to district programs,and amendments to the Alaska coastalmanagement program.

(b) The council will not approve a districtprogram or significant amendment of a districtprogram unless evidence of significant

Appendix C, Coastal Management Program Regulations,

Register 94, July 1985 GOVERNOR'S OFFICE

opportunities for public participation at thedistrict level has been provided.

(c) The council will make available to thepublic information and educational materialsconcerning coastal management, Inunderstandable form, including

(1) a guide for the development of districtprograms;

(2) maps and narratives describing physicaland biological characteristics to be used inestablishing boundaries of coastal areas;

(3) areasdesignationattention;

asrecommended

areas whichfor councilmerit special

(4) maps showing the distribution andabundance of coastal fish and wildlife specieswith commercial, recreational, subsistence, orgeneral ecological importance;

(5) an identification of major data andinformation sources concerning coastalmanagement;

(6) a summary of information regardingcoastal regions;

(7) summariesworkshops;

of public hearings and

(8) films and slide programs;

(9) written material summarizing orexplaining the Alaska coastal managementprogram; and

(10) the council's annual report to thelegislature.

(d) At public meetings concerning the Alaskacoastal management program, the council willensure that, when requested and reasonablynecessary, translation into the appropriateNative language is provided. (Eff. 7/18/78, Reg.67)

Authority: AS 44.19.161AS 46.40.040

6 AAC 80.0206 AAC 80.030

6 AAC 80.030. PROGRAM MANAGEMENTAND COORDINATION, (a) The division ofgovernmental coordination of the Office ofManagement and Budget is the designated leadagency for the Alaska Coastal Management Pro-gram. The division of governmental coordinationof the Office of Management and Budget shall

(1) present the staffmatters before the council;

position regarding

(2) coordinate the activites of state agenciesparticipating in the Alaska coastal managementpro gram; and

(3) review state and federal actions for con-sistency with the Alaska coastal managementprogram, as provided in 6 AAC SO.

(b) The council will initiate an interagencyprogram of comprehensive resource managementfor each geographic region listed in AS44.19.155. Regional programs will

(1) assist the council and districts in identify-ing uses of state concern and developing manage-ment policies for these uses;

(2) provide resource, social, and economicinformation on a coordinated regional basis; and

(3) assist the council and districts in identify-ing, avoiding, or minimizing existing or potentialconflicts.

(c) Plans and recommendations developed aspart of the regional program described in (b) of

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, Appendix C, Coastal Management Program Regulations

Register 92, January 1985 GOVERNOR'S OFFICE 6 AAC 80.0306 AAC 80.070

this section must be transmitted to the districtthrough the division of governmental coordina-tion. District planning efforts must demonstratereview and consideration of these plans andrecommendations. If the final district programproposed does not agree with the regionalprogram plans and recommendations, the differ-ences will be resolved by the council.

(d) The council will prepare a manual ofstandards for the management of land and wateruses in the coastal area to assist in the develop-ment of district and state agency programs. (Eff.7/18/78, Reg. 67;am 10/28/84, Reg. 92)

Authority: AS 44.19.145(aXll)AS 44.19.161AS 46.40.040

ARTICLE 2.USES AND ACTIVITIES

Section40. Coastal developmentSO. Geophysical hazard area*60. Recreation70. Energy facilities80. Transportation and utilities90. Fish and seafood procesaing

100. Timber harvest and processing110. Mining and mineral processing120. Subsistence

6 AAC 80.040. COASTAL DEVELOPMENT.(a) In planning for and approving developmentin coastal areas, districts and state agencies shallgive, in the following order, priority to:

(1) water-dependent uses and activities;

(2) water-related uses and activities; and

(3) uses- and activities which are neitherwater-dependent nor water-related for whichthere is no feasible and prudent inlandalternative to meet the public need for the useor activity.

(b) The placement of structures and thedischarge of dredged or fill material into coastalwater must, at a minimum, comply with thestandards contained in Parts 320-323, Title 33,Code of Federal Regulations (Vol. 42 of theFederal Register, pp. 37133 - 47 (July 19,6-107

1977)). (Eff. 7/18/78, Reg. 67; am 8/18/79,Reg. 71)

Authority: AS 44.19.161AS 46.40.040

6 AAC 80.050. GEOPHYSICAL HAZARDAREAS, (a) Districts and state agencies shallidentify known geophysical hazard areas andareas of high development potential in whichthere is a substantial possibility that geophysicalhazards may occur.

(b) Development in areas identified under (a)of this section may not be approved by theappropriate state or local authority until siting,design, and construction measures forminimizing property damage and protectingagainst loss of life have been provided. (Eff.7/18/78, Reg, 67)

Authority: AS 44.19.161AS 46.40.040

6 AAC 80.060. RECREATION, (a) Districtsshall designate areas for recreational use.' Criteriafor designation of areas of recreational use are

(1) the area receives significant use bypersons engaging in recreational pursuits or is amajor tourist destination; or

(2) the area has potential for high qualityrecreational use because of physical, biological,or cultural features.

(b) Districts and state agencies shall give highpriority to maintaining and, where appropriate,increasing public access to coastal water. (Eff.7/18/78, Reg. 67; am 8/18/79, Reg. 71)

Authority: AS 44.19.161AS 46.40.040

6 AAC 80.070. ENERGY FACILITIES, (a)Sites suitable for the development of majorenergy facilities must be identified by districtsand the state in cooperation with districts.

(b) The siting and approval of major energyfacilities by districts and state agencies must bebased, to the extent feasible and prudent, on thefollowing standards:

(1) site facilities so as to minimize adverseenvironmental and social effects while satisfyingindustrial requirements;


Register 92, January 1985 GOVERNOR'S OFFICE 6 AAC 80.0706 AAC 80.100

(2) site facilities so as to be compatible withexisting and subsequent adjacent uses andprojected community needs;

(3) consolidate facilities;

(4) consider the concurrent use of facilities »for public or economic reasons;

(5) cooperate with landowners, developers,and federal agencies in the development offacilities;

(6) select sites with sufficient acreage toallow for reasonable expansion of facilities;

(7) site facilities where existinginfrastructure, including roads, docks, andairstrips, is capable of satisfying industrialrequirements;

(8) select harbors and shipping routes withleast exposure to reefs, shoals, drift ice, andother obstructions;

(9) encourage the use of vessel traffic controland collision avoidance systems;

(10) select sites where development willrequire minimal site clearing, dredging andconstruction in productive habitats;

(11) site facilities so as to minimize theprobability, along shipping routes, of spills orother forms of contamination which wouldaffect fishing grounds, spawning grounds, andother biologically productive or vulnerablehabitats, including marine mammal rookeriesand hauling out grounds and waterfowl nestingareas;

(12) site facilities so that design andconstruction of those facilities and supportinfrastructures in coastal areas of Alaska willallow for the free passage and movement of fishand wildlife with due consideration for historicmigratory patterns and so that areas ofparticular scenic, recreational, environmental, orcultural value will be protected;

(13) site facilities in areas of least biologicalproductivity, diversity, and vulnerability andwhere effluents and spills can be controlled orcontained;

(14) site facilities where winds and aircurrents disperse airborne emissions whichcannot be captured before escape into theatmosphere;

(15) select sites in areas which are designatedfor industrial purposes and where industrialtraffic is minimized through population centers;and

(16) select sites where vessel movements willnot result in overcrowded harbors or interferewith fishing operations and equipment.

(c) Districts shall consider that the usesauthorized by the issuance of state and federalleases for mineral and petroleum resourceextraction are uses of state concern. (Eff,7/18/78, Reg. 67; am 8/18/79, Reg. 71)

Authority: AS 44.19.161AS 46.40.040

6 AAC 80.080 TRANSPORTATION ANDUTILITIES, (a) Transportation and utilityroutes and facilities in the coastal area must besited, designed, and constructed so as to becompatible with district programs.

(b) Transportation and utility routes andfacilities must be sited inland from beaches andshorelines unless the route or facility iswater-dependent or no feasible and prudentinland alternative exists to meet the public needfor the route or facility. (Eff. 7/18/78, Reg, 67;am 8/18/79, Reg. 71)

Authority: AS 44.19.161AS 46.40.040

6 AAC 80.090. FISH AND SEAFOODPROCESSING. Districts shall identify and maydesignate areas of the coast suitable for thelocation or development of facilities related tocommercial fishing and seafood processing. (Eff.7/18/78, Reg. 67)

Authority: AS 44.19.161AS 46.40.040

6 AAC 80.100. TIMBER HARVEST ANDPROCESSING. AS 41.17, Forest Resourcesand Practices, and the regulations andprocedures adopted under that chapter withrespect to the harvest and processing of timber,are incorporated into the Alaska coastal manage-ment program and constitute the components of

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Register 89, April 1984 GOVERNOR'S OFFICE

the coastal management program with respectto those purposes. (Eff. 7/18/78, Reg. 67; am8/18/79, Reg. 71; am 3/30/84, Reg. 89)

Authority: AS 44.19.161AS 46.40.040

6 AAC80.110. MINING AND MINERALPROCESSING, (a) Mining and mineralprocessing in the coastal area must be regulated,designed, and conducted so as to be compatiblewith the standards contained in this chapter,adjacent uses and activities, statewide andnational needs, and district programs.

(b) Sand and gravel may be extracted fromcoastal waters, intertidal areas, barrier islands,and spits, when there is no feasible and prudentalternative to coastal extraction which will meetthe public need for the sand or gravel. (Eff.7/18/78, Reg. 67; am 8/18/79, Reg. 71)

Authority: AS 44.19.161AS 46.40.040

6 AAC 80.120. SUBSISTENCE, (a) Districtsand state agencies shall recognize and assureopportunities for subsistence usage of coastalareas and resources.

(b) Districts shall identify areas in whichsubsistence is the dominant use of coastalresources.

(c) Districts may, after consultation withappropriate state agencies, Native corporations,and any other persons or groups, designate areasidentified under (b) of this section as subsistencezones in which subsistence uses and activitieshave priority over all nonsubsistence uses andactivities.

(d) Before a potentially conflicting use oractivity may be authorized within areasdesignated under (c) of this section, a study ofthe possible adverse impacts of the proposedpotentially conflicting use or activity uponsubsistence usage must be conducted andappropriate safeguards to assure subsistenceusage must be provided.6-109

6 AAC 80.1006 AAC 80.130

(e) Districts sharing migratory fish and gameresources must submit compatible plans forhabitat management. (Eff. 7/18/78, Reg. 67)

Authority: AS 44.19.161AS 46.40.040

ARTICLE 3.RESOURCES AND HABITATS

Section130. Habitats140. Air, land, and water quality150. Historic, prehistoric, and archaeological

resources

6 AAC 80.130. HABITATS, (a) Habitats in thecoastal area which are subject to the Alaskacoastal management program include

(1) offshore areas;


Register 89, April 1984

(2) estuaries;

(3) wetlands and tideflats;

(4) rocky islands and seacliffs;

(5) barrier islands and lagoons;

(6) exposed high energy coasts;

(7) rivers, streams, and lakes; and

(8) important upland habitat.

(b) The habitats contained in (a) of thissection must be managed so as to maintain orenhance the biological, physical, and chemicalcharacteristics of the habitat which contributeto its capacity to support living resources.

(c) In addition to the standard contained in(b) of this section^ the following standards applyto the management of the following habitats;

(1) offshore areas must be managed as afisheries conservation zone so as to maintain orenhance the state's sport, commercial, andsubsistence fishery;

(2) estuaries must be managed so as to assureadequate water How, natural circulationpatterns, nutrients, and oxygen levels, and avoidthe discharge of toxic wastes, silt, anddestruction of productive habitat;

(3) wetlands and tideflats must be managedso as to assure adequate water flow, nutrients,and oxygen levels and avoid advene effects onnatural drainage patterns, the destruction ofimportant habitat, and the discharge of toxicsubstances;

(4) rocky islands and seacliffs must bemanaged so as to avoid the harassment ofwildlife, destruction of important habitat, andthe introduction of competing or destructivespecies and predators;

(5) barrier islands and lagoons must bemanaged so as to maintain adequate flows ofsediments, detritus, and water, avoid thealteration or redirection of wave energy whichwould lead to the filling in of lagoons or theerosion of barrier islands, and discourage

G O V E R N O R ' S O F F I C E 6 A A C 8 0 . I 3 06 AAC 30 140

ac t iv i t i es which would decrease the use ofbarner islands by coastal species, inc lud ing polarbears and nesting birds;

(6) high energy coasts must be managed byassuring the adequate mix and transport ofsediments and nutrients and avoiding redirectionof transport processes and wave energy; and

i(7) rivers, streams, and lakes must be

managed to protect natural vegetation* waterquality, important fish or wildlife habitat andnatural water flow.

(d) Uses and activities in the coastal areawhich will not conform to the standardscontained in (b) and (c) of this section may beallowed by the district or appropriate stateagency if the following are established:

(1) there is a significant public need for theproposed use or activity;

(2) there is no feasible prudent alternative tomeet the public need for the proposed use oractivity which would conform to the standardscontained in (b) and (c) of this section; and

(3) all feasible and prudent steps to maximizeconformance with the standards contained in (b)and (c) of this section will be taken.

(e) in applying this section, districts and stateagencies may use appropriate expertise,including regional programs referred to in 6AAC 80.03<Xb). (Eff. 7/18/78, Reg. 67)

Authority: AS 44.19.161AS 46.40.040

6 AAC 80.140. AIR, LAND, AND WATERQUALITY. Notwithstanding any other provisionof this chapter, the statutes pertaining to andthe regulations and procedures of the AlaskaDepartment of Environmental Conservationwith respect to the protection of air, land, andwater quality are incorporated into the Alaskacoastal management program and, asadministered by that agency, constitute thecomponents of the coastal management programwith respect to those purposes. (Eff. 7/18/78,Reg. 67)

Authority: AS 44.19.161AS 46.40.040

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Register 97. April 1986 GOVERNOR'S OFFICE 6 AAC80.1506 AAC80.160

6 AAC 80.150. HISTORIC, PREHISTORIC,AND ARCHAEOLOGICAL RESOURCES. Dis-tricts' and appropriate state agencies shallidentify areas of the coast which are importantto the study, understanding, or illustration ofnational, state, or local history or prehistory.(Eff. 7/I8/78, Reg. 67)

* Authority: AS 44.19.161' AS 46.40.040

ARTICLE 4.AREAS WHICH MERITSPECIAL ATTENTION

Section158. Types of areas to be designated as aress

which merit special attention160. Area which merit special attention

inside district!170. Area* which merit special attention

outside districts

6 AAC 80.158. TYPES OF AREAS TO BEDESIGNATED AS AREAS WHICH MERITSPECIAL ATTENTION. An area to be desig-nated as an area which merits special attentionmay include the following, in addition to thecategories contained in AS 46.40.210( 1):

(1) areas important for subsistence hunting,fishing, food gathering, and foraging;

(2) areas with special scientific values or op-portunities, including those areas where ongoingresearch projects could be jeoparidzed by de-velopment or conflicting uses and activities; and

(3) potential estuarine or marine sanctuaries.(Eff. 6/9/85, Reg. 94)

Authority: AS 44.19.161AS 46.40.040

Editor1* Notts Brfon 4/9/15. R«ittr 94. UM tubfttae* of 6AAC 80.131 WM contoMd ta 6 AAC SO.ISO. Ttw htotory of6 AAC S0.1M It not reflected in the history not* for 6 AAC80.138.

6 AAC 80.160. AREAS WHICH MERITSPECIAL ATTENTION INSIDE DISTRICTS.(a) A person may recommend, to a district,areas inside the district to be nominated to thecouncil as areas which merit special attention.A district may nominate, in a district programor as a significant amendment to its program,6-111

areas which merit special attention. Councildesignation of areas which merit specialattention inside districts will be in accordancewith the procedures for approval of district pro-grams, or significant amendments to districtprograms, as described in 6 AAC 85. A nomina-tion of an area which merits special attentionmust include the following information.

(1) the basis or bases for designation underAS 46.40.210(1) or 6 AAC 80.158;

(2) a map showing the geographical location,surface area and, if appropriate, bathymetry ofthe area, along with a legal and narrative descrip-tion of the boundaries and a justification of thesize of the area which merits special attention:

(3) a description of the area which includes.dominant physical and biological features;

(4) the existing ownership, jurisdiction, andmanagement status of the area, includingexisting uses and activities;

(5) the existing ownership, jurisdiction, andmanagement status of adjacent shoreland andsea areas, including existing uses and activities;

(6) present and anticipated conflicts amonguses and activities within or adjacent to the area,if any; and

(7) a proposed management plan, consistingof the following:

(A) a description of the uses and activi-ties that will be considered proper, and theuses and activities that will be consideredimproper, with respect to land and waterwithin the area, and the rationale for thedesignate of proper and improper uses;

(B) a statement of the specific, enforce-able policies that will be applied in managingthe area; and

(C) an identification of the authority thatwill be used to implement the proposedmanagement plan.

(b) A management plan for an area whichmerits special attention inside a district must


Register 9?. Apri l 1986 G O V E R N O R ' S OFFICE 6 A AC 50.' .606 AAC SO.rO

preserve, protect, enhance, or restore the valueor values for which the area was designated.( E f f . 7/18/78, Reg. 67; am 8/18/79, Reg. 71;am 6/9/85, Reg. 94; am 4/2/86, Reg. 97)

Authority: AS 44.19.161AS 46.40.040

6 AAC 80.170. AREAS WHICH MERITSPECIAL ATTENTION OUTSIDE DISTRICTS.(a) A person may recommend to the council anarea that is within the coastal area but outsidea coastal resource district, to be designated as anarea which merits special attention. A recom-mendation to the council of an area whichmerits special attention outside a district mustinclude the following information:

(1) a map showing the geographical locationof the area, as well as a legal and narrativedescription of the boundaries, and a justificationof the size of the area which merits specialattention;

(2) a summary of the resource value) and useconflicts, if any, in the area;

(3) a statement of the purpose and objectivesto be met through planning for an area whichmerits special attention;

(4) a tentative schedule outlining time framesfor completion of planning tasks and reviews;

(5) a list of parties with interests in oradjacent to the proposed area which meritsspecial attention who may be affected by itsdesignation, and a description of how theseparties would be involved in plan development;and

(6) justification that the area which meritsspecial attention is the preferred planning andmanagement mechanism for meeting the objec-tives of the proposal and the Alaska coastalmanagement program.

(b) Upon receipt of a recommendation for anarea which merits special attention outside of adistrict, the division of governmental coordina-tion (DGO of the office of management andbudget shall place the recommendation on thecouncil's agenda for consideration at its nextregularly scheduled meeting, and shall give

notice of a public hearing. DGC shal l give d i rec tnotice to the affected parties iden t i f ied in ( a ) ( 5 )of this section. DGC shall make the recom-mendation available for public inspection at thetime of the notice of the public hearing. Thecouncil will make an initial finding, detailing itsreasons to either authorize additional planningfor the area which merits special attentionoutside a district, or to reject the recommenda-tion. The council's determination to authorizeadditional planning for the area which meritsspecial attention may not be construed ascouncil approval of the merits of the final plan.

(c) If the council decides to authorize furtherplanning for an area which merits special atten-tion, public notice will be provided by con-spicuous advertisement, such as display notice,in a news publication of general circulation inthe affected area and in one of general circula-tion in the state. DGC, with assistance from thesponsor, shall compile a mailing list of state andfederal agencies, affected municipalities andvillages, landowners, and other interested partiesand shall notify them that planning for the areawhich merits special attention is going to occur.

(d) The sponsor of the nomination is respon-sible for developing a public review draft for thearea which merits special attention outside of adistrict. The review draf t must include the in-formation required under 6 AAC 80.160{aXUthrough (7), in addition to the following:

(1) an evaluation of the potential impacts ofthe designation on the social, cul tural , environ-mental, and economic features of the area andadjacent areas:

(2) The proposed management plan requiredunder 6 AAC 160(a)(7) must include a descrip-tion of how the proposed management plan willbe implemented.

6-112, Appendix C, Coastal Management Program Regulations

Register 104, January 1988 GOVERNOR'S OFFICE 6 AAC80.ro

(e) A management plan for an area whichmerits special attention outside a district mustpreserve, protect, enhance, or restore the valueor values for which the area is designated.

(0 The sponsor shall provide opportunities forconsultation on and review of the proposal byappropriate state, federal, and local govern-mental agencies, affected landowners, and otherpersons who have been identified as interestedparties under (c) of this section. The sponsorshall hold no less than two public meetingsduring plan development to inform the publicand receive comments concerning the plan.

(g) The sponsor of the area which meritsspecial attention shall distribute a public reviewdraft to all parties identified under (c) of thissection. The public review draft must containall elements listed in (d) of this section, as wellas evidence that the public participation require-ments of this section have been satisfied. Thesponsor shall provide at least a 60-day reviewperiod. The sponsor shall send with the publicreview draft a transmittal letter that identifiesthe comment deadline and the recipient ofcomments. The sponsor shall publish notice ofthe availability of the public review draft forreview and comment, including advertising innews publications that an circulated in thearea affected by the nomination and in newspublications that are circulated statewide. Thesponsor shall also post a notice prominently inmunicipalities and villages affected by theproposal.

(h) After the close of the public review andcomment period, the sponsor of the area whichmerits special attention shall revise the publicreview draft as necessary to incorporatecomments received. Council review of the areawhich merits special attention wiQ begin uponthe sponsor's submission of the revised draft tothe council.

(i) DGC shall distribute the council reviewdraft, along with its preliminary findings on theplan, to the mailing list compiled under (c) ofthis section. A person may submit comments onthe area which merits special attention nomina-tion to the council within 60 days after this

distribution. Comments that are not receivedwithin the 60-day review period will not be con-sidered.

(j) DGC shall prepare a summary of and a re-sponse to comments received on the councilreview draft and, if necessary, revise its recom-nendations. DGC shall distribute these materialsto all parties who commented on the draft. Allcomments and additional material submittedwill be placed in a record file maintained byDGC.

(k) The council will, after public notice, hold apublic hearing on the designation of the areawhich merits special attention.

(1) The council will approve the designation ofan area which merits special attention if it (1) issubstantially consistent with the requirementsof this section; (2) does not arbitrarily or un-reasonably restrict or exclude uses of state con-cern, except as allowed in AS 46.40.070{c);(3) does not violate another state law; and (4)does not cause substantial irreparable harm toanother interest or value in the coastal area.The council's decision to designate, or notdesignate, the area which merits special atten-tion outside of a district will contain findingsand conclusions based on the requirements listedin this subsection.

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Appendk C, Coastal Management Program Regulations,

Register 104, January- 1988 GOVERNOR'S OFFICE 6 AAC SO.1 '06 AAC 80.900

(m) DGC shall provide public notice of thecouncil's action designating an area which meritsspecial a t tent ion outside of a district by distri-buting a copy of the council's order to all per-sons who testified or submitted timely writtenstatements during public review, and to all per-sons who requested a copy of the order inwriting. DGC shall also publish notice of thecouncil's action, at a minimum, in news publica-tions that are circulated within the affectedregion and in news publications that are cir-culated statewide.

(n) The council's designation of an area whichmerits special attention outside of a districttakes effect for state law purposes as part of theAlaska coastal management program upon thelieutenant governor's filing of the council's orderapproving the designation. (Eff. 6/9/85, Reg.94; am 4/2/86, Reg. 97)

Authority: AS 44.19.161AS 46.40.040

ARTICLE S.GENERAL PROVISIONS

Section900. Definitions

6 AAC 80.900. DEFINITIONS, (a) Unless thecontext indicates otherwise, in this chapter

( 1 ) "barrier islands and lagoons" meansdepositionaJ coastal environments formed bydeposits of sediment offshore or coastalremnants which form a barrier of low-lyingislands and bars protecting a salt-water lagoonwith free exchange of water to the sea;

(2) "coastal water" means all water bodies inthe coastal area, including wetlands and theintertidal area;

(3) "council" means the Alaska CoastalPolicy Council;

(4) "district" means a coastal resourcedistrict as defined in AS 46.40.210(2);

(5) "district program" means a districtcoastal management program;

(6) "estuary" means a semiclosed coastalbody of water which has a free connection with

the sea and wi th in which seawater is measurablydiluted with freshwater derived from landdrainage;

(7) "exposed high-energy coasts" means openand unprotected sections of coastline wi thexposure to ocean generated wave impacts andusually characterized by coarse sand, gravel,boulder beaches, and well-mixed coastal water;

(8) "facilities related to commercial fishingand seafood processing" includes hatcheries andrelated facilities, seafood processing plants andsupport facilities, marine industrial andcommercial facilities, and aquaculture facilities;

(9) "geophysical hazard areas" means thoseareas which present a threat to life or propertyfrom geophysical or geological hazards,including flooding, tsunami run-up, stormsurge run-up, landslides, snowslides, faults, icehazards, erosion, and littoral beach process;

(10) "mining and mineral processing" meansthe development of mineral resources extractedin tidal rivers, coastal water, and on continentalshelves of the open sea, and found in surface,subsurface, and aqueous deposits;

( 1 1 ) "offshore areas" means submerged landsand waters seaward of the coastline;

(12) "rocky islands and seacliffs" meansislands of volcanic or tectonic origin with rockyshores and steep faces, offshore rocks, capes,and steep rocky seafronts;

(13) "tideflats" means mostly unvegetatedareas that are alternately exposed and inundatedby the falling and rising of the tide;

(14) "transportation and utility routes andfacilities" include power transmission lines,mineral slurry lines, oil and gas pipelines, landand marine corridors, railways, highways,roadways, air terminals, water and sewagetransfer, and facilities required to operate andmaintain the route or facility;

(15) "upland" means drainages, aquifers, andland, the use of which would have a direct andsignificant impact on coastal water;

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Register 104, January 1988 GOVERNOR'S OFFICE 6 AAC 80.900

(16) "uses of state concern" has the samemeaning as in AS 46.40.210(6);

(17) "water-dependent" means a use oractivity which can be carried out only on, in, oradjaaent to water areas because the use requiresaccess to the water body;

(18) "water-related" means a use or activitywhich is not directly dependent upon access to awater body, but which provides goods orservices that are directly associated withwater-dependence and which, if not locatedadjacent to water, would result in a public lossof quality in the goods or services offered;

(19) "wetlands" includes both freshwaterand saltwater wetlands; "freshwater wetlands"means those environments characterized byrooted vegetation which is partially submergedeither continuously or periodically by surfacefreshwater with less than .5 parts per thousandsalt content and not exceeding three meters indepth; "saltwater wetlands" means those coastalareas along sheltered shorelines characterized byhalophilic hydrophytes and macroalgae ex-tending from extreme low tide to an area aboveextreme high tide which is influenced by seaspray or tidally induced water table changes;

(20) "feasible and prudent" means consistentwith sound engineering practice and not causingenvironmental, social, or economic problemsthat outweigh the public benefit to be derivedfrom compliance with the standard which ismodified by the term "feasible and prudent";

(21) "including" means including but notlimited to;

(22) "major energy facility" includes marineservice bates and storage depots, pipelines andrights-of-way, drilling rip and platforms,petroleum or coal separation, treatment, orstorage facilities, liquid natural gas plants andterminals, oil terminals and other portdevelopment for the transfer of energy products,petrochemical plants, refineries and associatedfacilities, hydroelectric projects, other electricgenerating plants, transmission lines, uraniumenrichment or nuclear fuel processing facilities,and geothermal facilities; "major energyfacility" means a development of more than6-114.1

local concern carried out in, or in closeproximity to, the coastal area, which meets oneor more of the following criteria:

(A) a facility required to support energyoperations for exploration or productionpurposes;

(B) a facility used to produce, convert,process, or store energy resources ormarketable products;

(C) a facility used to transfer, transport,import, or export energy resources ormarketable products;

or(D) a facility used for in-state energy use;

(E) a facility used primarily for themanufacture, production, or assembly ofequipment, machinery, products, or deviceswhich are involved in any activity describedin (A) - (D) of this paragraph;

(23) "significant amendment" means anamendment to an approved district programwhich

(A) results in a major revision, additionor deletion to the policies or implementa-tion methods or authorities included in thedistrict program under 6 AAC 85.090 and6 AAC 85.100;

(B) alters the district boundaries, otherthan by technical adjustments;

(O designates an area which meritsspecial attention or alters an existing areawhich merits special attention designation; or

(D) restricts or excludes a use of stateconcern not previously restricted or excluded;

(24) "area which merits special attention"has the same meaning as in AS 46.40.210(1);


Register 104, January 1988 GOVERNOR'S OFFICE 6 AAC 80 900

(25) "village" has the same meaning as in AS46.40. !80(d).

fb ) I n AS 44 .19 .155 , "deputy commissioner"includes assistant commissioners of stateagencies. (Eff. 7/18/78, Reg. 67; am 8/18/79,Reg. 7 1 ; am 9/9/81, Reg. 79; am 6/9/85, Reg.94; am 10/16/87, Reg. 104)Authori ty: AS 44.19.160<4) AS 46.40.040

AS 44.19.161 AS 46.40.060AS 46.40.010(c)(2) AS 46.40.070AS 46.40.030

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appendix c - alaska department of natural...

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