Alaska Administrative Code

(a) Two or more municipalities may consolidate to form a new municipality if, in accordance with AS 29.06.130, the commission determines that the proposed consolidation (1) meets the standards in 3 AAC 110.240 - 3 AAC 110.245 and (A) for a proposal to form a consolidated city, me…

In determining whether consolidation is in the best interests of the state under AS 29.06.130, the commission may consider relevant factors, including (1) the ability of the proposed consolidated municipality to efficiently and effectively provide reasonably necessary facilities …

Municipalities that meet the consolidation standards required under 3 AAC 110.240 - 3 AAC 110.245, and are approved by the commission for local option consolidation, may consolidate if the petition for consolidation was submitted by the number of voters required under AS 29.06.10…

(a) Municipalities that meet the consolidation standards required under 3 AAC 110.240 - 3 AAC 110.245, and are approved by the commission for legislative review consolidation, may consolidate 45 days after presentation to the legislature of the commission's final decision on a le…

In accordance with AS 29.06.040(a), the commission may approve a proposal for detachment from a city only if the commission determines that the proposal (1) meets applicable standards under the Constitution of the State of Alaska; (2) meets standards in 3 AAC 110.257 - 3 AAC 110.…

(a) In determining whether detachment from a city is in the best interests of the state under AS 29.06.040, the commission may consider relevant factors, including (1) the health, safety, and general welfare of the proposed remnant city and the territory after detachment; (2) the…

Territory that meets the detachment standards specified in 3 AAC 110.257 - 3 AAC 110.260 may detach from a city by the legislative review process if the commission also determines that any one of the following circumstances exists: (1) the health, safety, or general welfare of ci…

Territory that meets the detachment standards specified in 3 AAC 110.257 - 3 AAC 110.260 and has been approved for local action detachment by the commission may be detached from a city upon approval by a majority of voters residing in the territory voting on the question at an el…

In accordance with AS 29.06.040(a), the commission may approve a proposal for detachment from a borough only if the commission determines that the proposal (1) meets applicable standards under the Constitution of the State of Alaska; (2) meets standards in 3 AAC 110.267 - 3 AAC 1…

(a) In determining whether detachment from a borough is in the best interests of the state under AS 29.06.040, the commission may consider relevant factors, including (1) the health, safety, and general welfare of the proposed remnant borough and the area after detachment; (2) th…

In addition to the information required by a petition form under 3 AAC 110.420, a petition that proposes to detach an area from an organized borough and include that area in the unorganized borough must explain in the brief required under 3 AAC 110.420(b) (19) the plan for educat…

An area that meets the detachment standards specified in 3 AAC 110.267 - 3 AAC 110.270 may detach from a borough by the legislative review process if the commission also determines that any one of the following circumstances exists: (1) the health, safety, or general welfare of b…

An area that meets the detachment standards specified in 3 AAC 110.267 - 3 AAC 110.270 and has been approved for local action detachment by the commission, may be detached from a borough upon approval by a majority of voters residing in the area voting on the question at an elect…

(a) After filing a petition under AS 29.06.450(a)(1), a city may dissolve if the commission determines that (1) dissolution of the city is in the best interests of the state; (2) the city is free of debt or has satisfied each creditor with a method of repayment; and (3) the city …

(a) A city may dissolve using the local option method identified in AS 29.06.450(a)(2) if the voters of the city file a petition for dissolution under AS 29.06.460 and the commission determines that the city qualifies for dissolution under AS 29.06.470(a) or AS 29.06.470(b). The …

The commission may determine whether its decision favoring dissolution of a city will be submitted for legislative review in accordance with art. X, sec. 12, Constitution of the State of Alaska. Notes 3 AAC 110.295 Eff. 1/9/2008, Register 185 The substance of 3 AAC 110.295 was fo…

(a) In determining whether dissolution of a city is in the best interests of the state under AS 29.06.500(a) or 3 AAC 110.280, the commission may consider relevant factors, including (1) the extent to which the city is providing services, receiving revenue, and incurring debt; (2…

(a) After filing a petition under AS 29.06.450(a)(1), a borough may dissolve if the commission determines that (1) dissolution of the borough is in the best interests of the state; (2) the borough is free of debt or has satisfied each creditor with a method of repayment; and (3) …

(a) A borough may dissolve using the local option method identified in AS 29.06.450(a)(2) if the voters of the borough file a petition for dissolution under AS 29.06.460 and the commission determines that the borough qualifies for dissolution under AS 29.06.470(a) or AS 29.06.470…

The commission may determine whether its decision favoring dissolution of a borough will be submitted for legislative review in accordance with art. X, sec. 12, Constitution of the State of Alaska. Notes 3 AAC 110.325 Eff. 1/9/2008, Register 185 The substance of 3 AAC 110.325 was…

In determining whether dissolution of a borough is in the best interests of the state under AS 29.06.500(a) or 3 AAC 110.310, the commission may consider relevant factors, including (1) the extent to which the borough is providing services, receiving revenue, and incurring debt; …

(a) After filing a petition as required under 3 AAC 110.310 and 3 AAC 110.420, a unified municipality may deunify and incorporate as a non-unified home rule borough if the commission determines that (1) the municipality to deunify meets the standards for incorporation of a boroug…

A unified municipality may deunify using the local option method if (1) a deunification petition is filed with the department on the form prescribed by the department; (2) the petition is signed by the number of voters equal to at least 25 percent of the number of votes cast in t…

In determining whether deunification of a unified municipality is in the best interests of the state under AS 29.06.500(a) or 3 AAC 110.310, the commission may consider relevant factors, including (1) whether deunification promotes maximum local self-government; (2) whether deuni…

In determining whether a city satisfies the incorporation standards for the class of city to which it is proposed to be reclassified under AS 29.04.040(a), the commission will consider the applicable standards under the Constitution of the State of Alaska, AS 29.05.011, AS 29.05.…

(a) In determining whether reclassification of a home rule city or first class city to a second class city in the unorganized borough is in the best interests of the state under AS 29.04.040(a), the commission may consider relevant factors, including the (1) reasonably anticipate…

(a) In determining whether reclassification of a second class city to a first class city in the unorganized borough is in the best interests of the state under AS 29.04.040(a), the commission may consider relevant factors, including (1) the reasonably anticipated fiscal impact to…

(a) In determining whether reclassification of a city within an organized borough is in the best interests of the state under AS 29.04.040(a), the commission may consider relevant factors, including the (1) fiscal impact to the state; (2) need for the city to have authority to le…

The provisions of 3 AAC 110.340 - 3 AAC 110.370 do not apply to a reclassification request submitted under AS 29.04.045. Notes 3 AAC 110.371 Eff. 1/5/2024, Register 249, April 2024 Authority: Art. X. sec. 7, Ak Const. AS 29.04.045 AS 44.33.812 State regulations are updated quarte…

Except as provided in 3 AAC 110.590 and 3 AAC 110.710, 3 AAC 110.410 - 3 AAC 110.700 apply to petitions for city reclassification under AS 29.04, for incorporation under AS 29.05 or art. X, sec 12, Constitution of the State of Alaska, and for alterations to municipalities under A…

(a) A petition for a proposed action by the commission under this chapter may be initiated by (1) the legislature; (2) the commissioner; (3) a person designated by the commission, subject to (d) of this section; (4) a political subdivision of the state; (5) a regional educational…

(a) In determining whether a voter-initiated petition under 3 AAC 110.410(a) (7) - (10) or 3 AAC 110.410(b) contains at least the minimum number of required signatures, the department may not consider a signature(1) unless the voter who signed the form printed the voter's name, p…

(a) A proposal for one or more actions by the commission under this chapter is initiated by submitting a petition and supporting materials to the department. (b) A petition must be submitted on forms provided by the department. On the forms provided, the department shall require …

The name of the municipal government specified in accordance with 3 AAC 110.420(b) (3)(B) must contain the word "city,""borough," or "municipality," as applicable to the type of municipal government proposed. The name may not contain a word or phrase that indicates or implies tha…

(a) Except as provided in (i) of this section, before a petition for annexation by the legislative review process may be submitted to the department under 3 AAC 110.420, the prospective petitioner shall prepare a complete draft of the prospective annexation petition and a summary…

If two or more petitions pending action by the commission affect all or some portion of the same boundaries, the chair of the commission may consolidate the informational session, briefing schedule, department reports, commission hearing, decisional meeting, or other procedure un…

(a) A department employee assigned under AS 44.33.020(a)(4) as a member of the commission staff serves as an advisor. The advisory staff may not act in an advocacy capacity as a petitioner under 3 AAC 110.410. (b) During a proceeding, the advisory staff to the commission may prov…

(a) The department shall review the petition and supporting materials to determine whether they include a budget sufficient for commission review, a transition plan sufficient for commission review, and other required information. When applicable, the department shall also determ…

(a) No later than 45 days after receipt of the department's written notice of acceptance of the petition for filing, the petitioner shall (1) publish public notice of the filing of the petition in a display ad format of no less than six inches long by two columns wide at least on…

(a) No later than 25 days after receipt of the department's notice of acceptance of the petition for filing, the petitioner shall hand-deliver or mail, postage prepaid, one complete set of petition documents to every municipality within 20 miles of the boundaries proposed for cha…

No later than 50 days after receipt of the department's written notice of acceptance of the petition for filing, the petitioner shall deliver to the department five additional complete sets of petition documents and an affidavit that the notice, posting, service, deposit, and pub…

(a) If the staff for the commission or a person who may serve as a petitioner under 3 AAC 110.410(a) believes that a petition accepted for filing under 3 AAC 110.440 was prepared using defective procedures, that the petition lacks certain information needed to determine and fully…

(a) If an interested person seeks to participate as a respondent to a petition, that person must have the capacity to sue and be sued and must file with the department an original and five complete copies of a responsive brief containing facts and analyses favorable or adverse to…

The petitioner may file an original and five copies of a single reply brief in response to all responsive briefs and written comments filed timely under 3 AAC 110.480. The petitioner shall provide the department with a copy of the reply brief in an electronic format, unless the d…

(a) Unless otherwise ordered by the commission for good cause shown, the commission will not, and the department may not, accept a document, letter, or brief for filing and consideration except in accordance with the procedures, timeframes, hearings, and meetings specified in 3 A…

(a) If the department determines that persons within or near the proposed boundary change have not had adequate opportunity to be informed about the scope, benefits, or detriments of the proposed change, the department shall require the petitioner to conduct informational session…

(a) During its investigation and analysis of a petition for incorporation, the department shall convene at least one public meeting within the boundaries proposed for incorporation. During its investigation and analysis of a petition for a change other than incorporation, the dep…

(a) The department shall investigate and analyze a petition filed with the department under this chapter. The department shall prepare a written preliminary and a written final report regarding the petition. Each report must contain the department's findings and recommendations r…

(a) A petitioner may amend the petition at any time before the first mailing, publishing, or posting of notice of the commission's hearing on the petition under 3 AAC 110.550. The original and five copies of the amendment must be filed with the department. The petitioner shall pr…

(a) A petitioner may withdraw the petition at any time before the first mailing, publishing, or posting of notice of the commission's hearing on the petition under 3 AAC 110.550. The original and five copies of the withdrawal must be filed with the department. (b) A petitioner ma…