AS Title 35, Chapter 30: Consistency with Local Government Plans and Ordinances
AI-assisted research summary: Before starting a public project, the department must submit plans to the relevant local planning body; the governor can grant a waiver in some cases, and the department must also follow local planning and zoning rules.
Chapter 30. Consistency with Local Government Plans and Ordinances. Sec. 35.30.010. Review and approval by local planning authorities. (a) Except as provided in (b) of this section, before commencing construction of a public project, (1) if the project is located in a municipality, the department shall submit the plans for the project to the planning commission of the municipality for review and approval; (2) if the project is located within two miles of a village, the department shall submit the plans to the village council for review and comment; (3) if the project is located within one-half mile of the boundary of an area represented by a community council established by municipal charter or ordinance, the department shall submit the plans to the community council for review and comment. (b) Prior approval by a municipal planning commission may not be required before the commencement of construction of a highway or local service road if (1) the department and the municipality have entered into agreement for the planning of the project under AS 19.20.060 or 19.20.070 and the plans for the project are completed in accordance with the terms of that agreement; (2) the municipality has adopted a municipal master highway plan under AS 19.20.080 and the highway or local service road is consistent with the plan adopted; or (3) the department has entered into agreement with the municipality for the planning of transportation corridors under AS 19.20.015 and the plans for the project are completed in accordance with the provisions of that agreement. (c) If final disapproval by resolution of the governing body of the affected municipality or village is not received within 90 days from the date the project was submitted to the municipality or village, the department may proceed with the project. Sec. 35.30.020. Compliance with municipal ordinances. A department shall comply with local planning and zoning ordinances and other regulations in the same manner and to the same extent as other landowners. Sec. 35.30.030. Waiver. If a department clearly demonstrates an overriding state interest, waiver of local planning authority approval and the compliance requirement may be granted by the governor. The governor shall issue specific findings giving reasons for granting any waiver under this section. Sec. 35.30.040. Definitions. In this chapter, (1) public project means a public building or other structure, public work, or other facility, highway, or local service road constructed or maintained by a department; the term includes the acquisition by purchase or agreement of land and rights in land for materials and the extraction or removal of materials necessary for completion of a highway under AS 19.05.080 19.05.120; (2) village means an unincorporated community of the unorganized borough where at least 25 people reside as a social unit.