Alaska Administrative Code

(a)11 AAC 90.002 - 11 AAC 90.911, as amended as of April 24, 2009, are adopted by reference without printing them in full in the Alaska Administrative Code. (b) The following federal requirements are adopted by reference: (1) 30 C.F.R. 77.214 (refuse piles; general), revised as o…

(a) An applicant must provide in a permit application(1) a statement indicating whether the applicant is a corporation, partnership, association, sole proprietorship, or other business entity; (2) the applicant's taxpayer identification number; and (3) if applicable, a statement …

(a) Each application must include the following for the land within the permit area: (1) the name, address, and, if known, the telephone number of(A) each legal or equitable owner of record of the surface and mineral estates; (B) each holder of record of any leasehold interest; a…

(a) The commissioner will enter the following information into the applicant violator system:(1) the information an applicant is required to submit under 11 AAC 90.023(a) - (c); and (2) the information an applicant is required to submit under 11 AAC 90.023(f) pertaining to violat…

(a) Except as provided in (c) of this section and 11 AAC 90.109, the commissioner will make a preliminary finding that an applicant is not eligible for a permit under AS 27.21.180(e) and (f) and this section if a surface coal mining operation (1) that the applicant directly owns …

(a) Based on an administratively complete application under 11 AAC 111, the commissioner will review the information submitted by the applicant under 11 AAC 90.023, information from the applicant violator system, and any other available information, to review the applicant's and …

(a) The commissioner will issue a provisional permit, revocable under (c) of this section, to an applicant eligible under (b) of this section who owns or controls a surface coal mining and reclamation operation with(1) a notice of violation for which the abatement period has not …

(a) Not later than 90 days after the date of receipt of the application, the commissioner will determine whether an application for a permit, renewal of a permit, or major revision of a permit is complete. A complete application is one that contains all information required under…

(a) A person may not transfer, sell, or assign a permit right under this chapter without the written approval of the commissioner. The commissioner may authorize a proposed successor in interest to temporarily continue the permittee's operation if the successor meets the requirem…

(a) Subject to valid existing rights and (b) - (d) of this section, the commissioner will prohibit operations in accordance with AS 27.21.260(d). (b) Subject to (e) of this section, if an applicant is seeking a permit within an area described in AS 27.21.260(d)(2), the commission…

Coal mining and reclamation operations may not be conducted on the following lands unless there are valid existing rights, as determined under 11 AAC 90.139, or where valid existing rights determinations for land are not required because an existing operation meets the requiremen…

(a) Possession of a valid existing right only confers an exception from the prohibitions of AS 27.21.260, 11 AAC 90.121, and 30 U.S.C. 1272(e). A person seeking to exercise a valid existing right must comply with all other pertinent requirements of AS 27.21 and this chapter. (b) …

(a) A person seeking a valid existing rights determination for federal lands described in AS 27.21.260(d)(1) or for national forests must submit the request directly to the United States Secretary of the Interior. Requests for determinations on non-federal lands may be submitted …

(a) The commissioner will not approve an application for a permit or major revision of a permit unless the application affirmatively demonstrates and the commissioner finds, in writing, on the basis of information set out in the application or information otherwise available that…

In a permit that the commissioner issues, the commissioner will include the following conditions requiring the permittee to (1) conduct operations only on that land which is approved for the term of the permit and that is subject to the performance bond or other equivalent guaran…

(a) If the commissioner determines that a surface coal mining and reclamation permit issued under 11 AAC 90.109 or 11 AAC 90.125 may have been improvidently issued, the commissioner will review the circumstances under which the permit was issued. After this review, the commission…

(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 u…

(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 r…

(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) …

(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) …

(a) A person who intends to conduct coal exploration that will substantially disturb the natural land surface or that will take place in an area designated unsuitable for surface mining under AS 27.21.260 or 11 AAC 90.121 shall file an application in the format required by 11 AAC…

(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 cond…

(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 …

(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 p…

(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 a…

(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'…

(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 eac…

(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, office…

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 a…

(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 …

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 commi…

Unless the context indicates otherwise, in AS 27.21 and this chapter, (1) "acid drainage" means water with a pH which may cause or contribute to violation of the Alaska water quality laws and regulations discharged from an active, inactive, or abandoned surface coal mine and recl…

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 …

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. Notes 11 AAC 91.010 Eff. 5/4/78, Register 66 Authority:AS 38.05.020 AS 38.05.037 State …

Any zoning adopted under this chapter will be adopted in accordance with the Administrative Procedure Act (AS 44.62). Notes 11 AAC 91.020 Eff. 5/4/78, Register 66 Authority:AS 38.05.020 AS 38.05.037 AS 38.08.080 AS 38.08.110 State regulations are updated quarterly; we currently h…

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. Notes 11 AAC 91.030 Eff. 5/4/78, Register 66 Authority:AS 38.05.020 AS 38.05.037 AS 38.08.080 AS 38.08.110 State regulati…

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. Notes 11 AAC 91.040 E…

(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 ex…

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 aggr…

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 modificatio…

(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 t…

(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 …

(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 zon…

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 …

Permissible uses in the general zoning district are all those not otherwise prohibited by law or regulation. Notes 11 AAC 91.120 Eff. 5/4/78, Register 66 Authority:AS 38.05.020 AS 38.05.037 AS 38.08.080 AS 38.08.110 State regulations are updated quarterly; we currently have two v…

(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…

(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. (b) Commercial activities may be authorized as a…