Title 29 — Municipal Government
38 chapters · 509 sections in this title.
AS 29.03.010 Establishment.
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Areas of the state that are not within the boundaries of an organized borough constitute a single unorganized borough.
AS 29.03.020 Service areas.
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Allowing for maximum local participation, the legislature may establish, alter, or abolish service areas within the unorganized borough to provide special services that may include schools, utilities, land use regulations, and fire protection. A new service area may not be establ…
AS 29.03.030 Platting authority.
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The Department of Natural Resources is the platting authority for the state except within a municipality that has the power of land use regulation and that is exercising platting authority.
AS 29.04.010 Home rule.
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A home rule municipality is a municipal corporation and political subdivision. It is a city or a borough that has adopted a home rule charter, or it is a unified municipality. A home rule municipality has all legislative powers not prohibited by law or charter.
AS 29.04.020 General law.
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A general law municipality is a municipal corporation and political subdivision and is an unchartered borough or city. It has legislative powers conferred by law.
AS 29.04.030 Classes of general law.
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General law municipalities are of five classes: (1) first class boroughs; (2) second class boroughs; (3) third class boroughs; (4) first class cities; (5) second class cities.
AS 29.04.040 Reclassification of cities.
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(a) A second class city may be reclassified as a first class city. A first class or home rule city may be reclassified as a second class city. Reclassification is proposed by filing a petition with the department. The department shall investigate the proposal and report its findi…
AS 29.04.045 Reclassification of first class cities with fewer than 400 permanent residents.
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(a) Notwithstanding AS 29.04.040, a first class city with a population of less than 400 based on the most recent decennial census conducted by the United States Bureau of the Census may be reclassified as a second class city if the council submits a written request to the Local B…
AS 29.04.050 Reclassification of second class boroughs.
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A second class borough may reclassify as a first class borough in the manner provided by AS 29.35.320 — 29.35.330 for the addition of an areawide power by a first or second class borough, except the petition or proposal requests reclassification instead of requesting addition of …
AS 29.04.060 Reclassification of third class boroughs.
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(a) A third class borough may reclassify as a first or second class borough in the manner provided by AS 29.35.320 — 29.35.330 for the addition of an areawide power by a first or second class borough, except the petition or proposal requests reclassification instead of requesting…
AS 29.05.010 Home rules cities. [Repealed, § 1 ch 118 SLA 1972.]
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[Repealed or reserved.]
AS 29.05.011 Incorporation of a city.
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(a) A community that meets the following standards may incorporate as a first class or home rule city: (1) the community has 400 or more permanent residents; (2) the boundaries of the proposed city include all areas necessary to provide municipal services on an efficient scale; (…
AS 29.05.020 Legislative powers of home rule cities. [Repealed, § 1 ch 118 SLA 1972.]
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[Repealed or reserved.]
AS 29.05.021 Limitations on incorporation of a city.
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(a) A community in the unorganized borough may not incorporate as a city if the services to be provided by the proposed city can be provided by annexation to an existing city. (b) A community within a borough may not incorporate as a city if the services to be provided by the pro…
AS 29.05.030 General law cities. [Repealed, § 1 ch 118 SLA 1972.]
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[Repealed or reserved.]
AS 29.05.031 Incorporation of a borough or unified municipality.
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(a) An area that meets the following standards may incorporate as a home rule, first class, or second class borough, or as a unified municipality: (1) the population of the area is interrelated and integrated as to its social, cultural, and economic activities, and is large and s…
AS 29.05.040 Legislative powers of general law cities. [Repealed, § 1 ch 118 SLA 1972.]
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Article 2. Procedure.
AS 29.05.060 Petition.
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Municipal incorporation is proposed by filing a petition with the department. The petition must include the following information about the proposed municipality: (1) class; (2) name; (3) boundaries; (4) maps, documents, and other information required by the department; (5) compo…
AS 29.05.070 Review.
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The department shall review an incorporation petition for content and signatures and shall return a deficient petition for correction and completion.
AS 29.05.080 Investigation.
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(a) If an incorporation petition contains the required information and signatures, the department shall investigate the proposal and shall hold at least one public informational meeting in the area proposed for incorporation. The department shall publish notice of the meeting. (b…
AS 29.05.090 Hearing.
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The Local Boundary Commission shall hold at least one public hearing in the area proposed to be incorporated for the purpose of receiving testimony and evidence on the proposal.
AS 29.05.100 Decision.
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(a) After providing public notice of each proposed amendment or condition and an opportunity for public comment, the Local Boundary Commission may amend the petition and may impose conditions on the incorporation. If the commission determines that the incorporation, as amended or…
AS 29.05.110 Incorporation election.
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(a) The Local Boundary Commission shall immediately notify the director of elections of its acceptance of an incorporation petition. Within 30 days after notification, the director of elections shall order an election in the proposed municipality to determine whether the voters d…
AS 29.05.115 Incorporation with legislative review.
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(a) If the Local Boundary Commission submits a proposal for borough incorporation to the legislature under art. X, sec. 12, Constitution of the State of Alaska, AS 29.05.060 — 29.05.110 do not apply. However, before the proposal is submitted to the legislature, the Local Boundary…
AS 29.05.120 Election of initial officials.
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(a) Nominations for initial municipal officials are made by petition. The petition shall be in the form prescribed by the director of elections and must include the name and address of the nominee and a statement of the nominee that the nominee is qualified under the provisions o…
AS 29.05.130 Integration of special districts and service areas.
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(a) A service area in a newly incorporated municipality shall be integrated into the municipality within two years after the date of incorporation. On integration the municipality succeeds to all the rights, powers, duties, assets, and liabilities of the service area. On integrat…
AS 29.05.140 Transition.
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(a) The powers and duties exercised by cities and service areas that are succeeded to by a newly incorporated municipality continue to be exercised by the cities and service areas until the new municipality assumes the powers and functions, which may not exceed two years after th…
AS 29.05.150 Challenge of legality.
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Article 3. Transitional Assistance. A person may not challenge the formation of a municipality except within six months after the date of its incorporation.
AS 29.05.180 Organization grants to cities.
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(a) To defray the cost of transition to city government and to provide for interim government operations, each city incorporated after December 31, 1985 is entitled to an organization grant of $50,000 for the first full or partial fiscal year after incorporation. (b) To defray th…
AS 29.05.190 Organization grants to boroughs and unified municipalities.
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(a) For the purpose of defraying the cost of transition to borough government and to provide for interim governmental operations, each borough or unified municipality incorporated after December 31, 1985, is entitled to organization grants as follows: (1) $300,000 for the municip…
AS 29.05.200 Organization grant program.
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(a) The organization grant program is established in the department. An appropriation made to the program shall be used for organization grants to municipalities that qualify under AS 29.05.180 or 29.05.190. (b) Before August 31 of each fiscal year, the department shall submit a …
AS 29.05.210 Transitional assistance to boroughs and unified municipalities.
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(a) Within 30 days after the date of incorporation of a borough or unified municipality incorporated after December 31, 1985, the department shall determine the population of the borough or unified municipality. (b) The department shall provide assistance to each borough and unif…
AS 29.06.010 Change of municipal name.
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Article 2. Annexation and Detachment. (a) A municipality may change its official name by adopting an ordinance for the purpose that is ratified by the voters and filing the ordinance with the office of the lieutenant governor. Upon receipt of an ordinance ratified by the voters, …
AS 29.06.040 Municipal boundary changes.
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(a) The Local Boundary Commission may consider any proposed municipal boundary change. The commission may amend the proposed change and may impose conditions on the proposed change. If the commission determines that the proposed change, as amended or conditioned if appropriate, m…
AS 29.06.050 Annexation of military reservations.
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A military reservation may be annexed to a municipality in the same manner as prescribed for other territory under AS 29.06.040. If a city in a borough annexes a military reservation under this section, the area encompassing the military reservation automatically is annexed to th…
AS 29.06.055 Property taxes in annexed or detached areas.
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(a) Unless the annexation takes effect on January 1, the annexing municipality may not levy property taxes in an annexed area before January 1 of the year immediately following the year in which the annexation takes effect. However, notwithstanding other provisions of law, the mu…
AS 29.06.060 Application.
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Article 3. Merger and Consolidation. AS 29.06.040 — 29.06.060 apply to home rule and general law municipalities.
AS 29.06.090 Merger and consolidation.
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(a) Two or more municipalities may merge or consolidate to form a single general law or home rule municipality, except a third class borough may not be formed through merger or consolidation. (b) Two methods may be used to initiate merger or consolidation of municipalities: (1) p…
AS 29.06.100 Petition.
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(a) Residents of two or more municipalities may file a merger or consolidation petition with the department. The petition must be signed by a number of voters of each existing municipality equal to at least 25 percent of the number of votes cast in each municipality's last regula…
AS 29.06.110 Review.
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(a) The department shall review a merger or consolidation petition for content and signatures and shall return a deficient petition for correction or completion. (b) If the petition contains the required information and signatures, the department shall investigate the proposal. (…
AS 29.06.120 Hearing.
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After receipt of the report by the department on a merger or consolidation petition, the Local Boundary Commission shall hold at least one public hearing in each of the existing municipalities included in the petition, unless officials of the municipalities agree to a single hear…
AS 29.06.130 Decision.
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(a) The Local Boundary Commission may amend the petition and may impose conditions for the merger or consolidation. If the commission determines that the merger or consolidation, as amended or conditioned if appropriate, meets applicable standards under the state constitution and…
AS 29.06.140 Election.
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(a) The Local Boundary Commission shall immediately notify the director of elections of its acceptance of a merger or consolidation petition. Within 30 days after notification, the director of elections shall order an election in the area to be included in the new municipality to…
AS 29.06.150 Succession to rights and liabilities.
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(a) When two or more municipalities merge, one succeeds to the rights, powers, duties, assets, and liabilities of the others. (b) When two or more municipalities consolidate, the newly incorporated municipality succeeds to the rights, powers, duties, assets, and liabilities of th…
AS 29.06.160 Transition.
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After merger or consolidation, the ordinances, resolutions, regulations, procedures, and orders of the former municipalities remain in force in their respective territories until superseded by the action of the new municipality.
AS 29.06.170 Application.
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Article 4. Unification of Municipalities. AS 29.06.090 — 29.06.170 apply to home rule and general law municipalities.
AS 29.06.190 Unification of municipalities authorized.
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(a) A borough and all cities in the borough may unite to form a single unit of home rule government by complying with AS 29.06.190 — 29.06.410. (b) An area that is not incorporated as a borough, including any cities in the area, may incorporate as a unified municipality under AS …
AS 29.06.200 Unification petition.
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(a) Formation of a charter commission to prepare a unification charter shall be proposed by resolution of the assembly or by petition. The question of formation of a charter commission may be submitted to the voters not more often than once every 24 months. (b) An assembly, a cou…
AS 29.06.210 Petition requirements.
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(a) A unification petition shall read: “PETITION FOR ELECTION OF CHARTER COMMISSION TO PROPOSE UNIFICATION CHARTER. We, the undersigned, qualified voters of the borough do hereby petition that the following proposition be placed before the voters as provided by law: 'Shall a char…
AS 29.06.220 Review of petition.
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The assembly shall review a unification petition within 15 days to determine whether it complies with AS 29.06.210. If the petition does not meet the designated requirements, it shall be immediately returned to the person who initiated the petition with a statement indicating whi…