Chapter 17.10
PURPOSES, ORGANIZATION AND IMPLEMENTATION
Sections:
17.10.010 Purpose, Objectives and Use of the Coastal Program
17.10.040 Amendments and Revisions
17.10.050 Monitoring and Enforcement
17.10.060 Public Education and Outreach
17.10.010 Purpose, Objectives and Use of the Coastal program.
A. The general purposes of the ACMP are to balance development and preservation of coastal resources and to bring the local expertise and knowledge of coastal communities and residents into the State and federal permitting processes for coastal development projects. The objectives listed in the statute (AS 46.40.020) are the:
1. Use, management, restoration, and enhancement of the overall quality of the coastal environment.
2. Development of industrial or commercial enterprises that are consistent with the social, cultural, historic, economic, and environmental interests of Alaskans.
3. Orderly, balanced utilization and protection of the resources of the coastal area consistent with sound conservation and sustained yield principles.
4. Management of coastal land and water uses in such a manner that, generally, those uses that are economically or physically dependent on a coastal location are given higher priority when compared to uses that do not economically or physically require a coastal location.
5. Protection and management of significant historic, cultural, natural, and aesthetic values and natural systems or processes within the coastal area.
6. Prevention of damage to or degradation of land and water reserved for their natural values as a result of inconsistent land or water usages adjacent to that land.
7. Recognition of the need for a continuing supply of energy to meet the requirements of the state and the contribution of a share of the state’s resources to meet national energy needs; and the full and fair evaluation of all demands on the land and water in the coastal area.
B. When a project is proposed for development within the City of Skagway’s coastal zone, it is subject to the SCMP’s enforceable policies, listed in Chapters 4.0 and 5.0 (and consolidated in Appendix A) of the Skagway Coastal Management Plan. If the project is a federal activity, or needs State or federal permit or other approval, the State reviews the project for consistency with the ACMP and the Skagway CMP, and Skagway formally participates in the State-coordinated review. If only local approval is required (such as a City of Skagway conditional use permit), then the City reviews the project for consistency as part of the Planning Commission’s regular permit review process.
C. Federal lands and waters are excluded from Skagway’s coastal zone. However, the federal government is not exempt from coastal management. Activities that require a federal license or permit, or that are sponsored by a federal agency, that would affect coastal uses or resources within Skagway’s coastal zone must be consistent with the Skagway CMP to the maximum extent practicable.
D. This amendment to the Skagway CMP was prepared in accordance with the process and requirements outlined in ACMP regulation, 11AAC114.345 Transition. The plan was submitted to the State of Alaska OPMP in June 2005, then revised to address OPMP’s requirements for plan approval and resubmitted for approval in March 2006. The State of Alaska OPMP approved the revised plan on April 10, 2006 and NOAA’s Office of Ocean and Coastal Resource Management approved the plan in a letter dated January 12, 2007.
(Ord. 07-02, Repealed and Replaced, 02/02/2007; Ord. 84-21 § 4 (part), Renumbered, 10/11/1984)
17.10.020 Acronyms.
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1. |
ACMA |
Alaska Coastal Management Act |
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2. |
ACMP |
Alaska Coastal Management Program |
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3. |
ADEC |
Alaska Department of Environmental Conservation |
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4. |
ADFG |
Alaska Department of Fish and Game |
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5. |
AIDEA |
Alaska Industrial Development Authority |
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6. |
AMHS |
Alaska Marine Highway System |
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7. |
AML |
Alaska Marine Lines |
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8. |
AMSA |
Area Which Merits Special Attention |
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9. |
AP&T |
Alaska Power & Telephone |
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10. |
AS |
Alaska Statute |
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11. |
ATS |
Alaska Tidelands Survey |
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12. |
BLM |
Bureau of Land Management |
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13. |
CFR |
Code of Federal Regulations |
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14. |
cfs |
cubic feet per second |
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15. |
CMP |
Coastal Management Program |
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16. |
DCCED |
Alaska Department of Commerce, Community & Economic Development |
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17. |
DGGS |
Division of Geological & Geophysical Services |
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18. |
DIPAC |
Douglas Island Pink & Chum |
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19. |
DNR |
Alaska Department of Natural Resources |
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20. |
DOT&PF |
Alaska Department of Transportation & Public Facilities |
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21. |
FEMA |
Federal Emergency Management Agency |
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22. |
FERC |
Federal Energy Regulatory Commission |
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23. |
FIRM |
Flood Insurance Rate Maps |
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24. |
HB |
House Bill |
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25. |
HUD |
Department of Housing & Urban Development |
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26. |
KLGO |
Klondike Gold Rush National Historic Park |
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27. |
MW |
Megawatt |
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28. |
NHL |
National Historic Landmark |
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29. |
NPS |
National Park Service |
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30. |
NRCS |
Natural Resource Conservation Service |
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31. |
NWI |
National Wetland Inventory |
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32. |
OCRM |
Office of Ocean & Coastal Resources Management |
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33. |
OHMP |
Office of Habitat Management & Permitting |
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34. |
OPMP |
Office of Project Management & Permitting |
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35. |
RV |
Recreational vehicle |
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36. |
SCMP |
Skagway Coastal Management Program |
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37. |
SCVB |
Skagway Convention & Visitors Bureau |
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38. |
SDC |
Skagway Development Corporation |
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39. |
TMDL |
Total Maximum Daily Load |
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40. |
TRUCS |
Tongass Resource Use Cooperative Study |
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41. |
USFS |
United States Forest Service |
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42. |
USGS |
United States Geological Survey |
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43. |
WPYR |
White Pass & Yukon Route Railroad |
(Ord. 07-02, Repealed and Replaced, 02/02/2007; Ord. 84-21 § 4 (part), Renumbered, 10/11/1984)
17.10.030 Implementation.
A. The Skagway Coastal Management Plan dated March 2006 is hereby incorporated by reference and addresses all aspects of the implementation of the Skagway Coastal Management Program, including the four AMSA plans which are a part of the approved program. The implementation chapter accomplishes the following:
1. Describes the City of Skagway organization for participation in the ACMP.
2. Provides instructions on how to use this coastal management program, including the four AMSA plans that are part of the program (see Chapter 5.0), to participate effectively in state consistency reviews.
3. Explains to other ACMP network participants how best to work with the City of Skagway in implementing its coastal management plan.
4. Provides City residents, landowners and development project applicants with an understanding of how the Skagway CMP will be used.
B. Organization. The City of Skagway, which is a First Class City, is eligible to be a coastal district in accordance with state law at AS 46.40.210(2)(B).
1. Local ACMP decisions and actions are the responsibility of the City Council. The Council has delegated ACMP implementation duties to the City Planning Commission and the Coastal Coordinator. The Coastal Coordinator is authorized to make routine decisions and to participate in consistency review and other daily implementation tasks.
2. The Coastal Coordinator works with the City Planning Commission, which is an advisory body to the City Council, to implement the Skagway CMP. The Coastal Coordinator regularly consults with the Planning Commission on matters related to implementation of the plan. Decisions about large or controversial projects are brought to the Planning Commission for consideration during the consistency review process. Final Planning Commission recommendations are brought before the City Council for their final decision.
3. The point of contact for local consistency reviews involving City of Skagway coastal zone lands is the City of Skagway Coastal Coordinator.
C. Subject Uses and Activities
1. In accordance with 11 AAC 110.010, land and water uses and activities in the coastal zone that are subject to a consistency review and district enforceable policies include the following:
a. Federal activities affecting coastal uses or resources.
b. Land and water uses and activities requiring federal permits or authorizations (see 11 AAC 110.400).
c. Land and water uses and activities requiring state permits or authorizations (see Section 6.4).
2. In addition, outside of the state consistency review process, there may be a local consistency review for land and water uses in the City of Skagway’s coastal zone for land and water uses and activities requiring local permits or authorizations (see Section 6.5).
D. Proper and Improper Uses
1. The Alaska Administrative Code under 11 AAC 114.260 requires that district plans identify uses and activities, including uses of state concern, that are considered proper and improper within the coastal area. The City of Skagway has not identified any uses which are categorically prohibited within the coastal boundary. Proper and improper uses are determined by their compliance with performance standard policy requirements.
2. All land or water uses or activities within the City of Skagway are considered to be proper as long as they comply with the policies of this coastal management plan, the ACMP standards under 11 AAC 112, and applicable federal and state regulations. Land or water uses or activities are considered to be improper if they are inconsistent with ACMP standards or the policies of this plan or if they do not comply with or cannot be made to comply with applicable federal and state regulations. Designated areas included in this plan in some instances identify specific land or water uses and activities that will be allowed or not allowed.
E. Designated Areas. District policies related to recreation; historic, prehistoric, archeological and cultural resources; fisheries and fishery enhancement; energy facilities; natural hazards; and subsistence only apply to projects within designated use areas identified in this plan.
F. Uses of State Concern. Uses of state concern are uses and activities that are considered to be of state or national interest. A district cannot restrict or excluded uses of state concern unless they provide ample justification for the exclusion or restriction within the district plan. Alaska Statutes at AS 46.40.210(12) defines uses of state concern. In addition, the former Coastal Policy Council issued Resolution Number 13 that specifies more categories and criteria for uses of state concern. This resolution remains in effect until it is superseded by statues or regulations or until it is formally rescinded by DNR.
(Ord. 07-02, Added, 02/02/2007)
17.10.040 Amendments and Revisions.
A. Every five years, the Coastal Coordinator should initiate a local review of the approved Skagway coastal program. This formal review gives residents, developers, affected communities, and local landowners an opportunity to become familiar with the plan and its policies and to propose amendments. Changes can keep the Coastal Plan up to date and relevant. Some adjustments may be made to coastal zone boundaries or land use districts based on new information. Policies may be further refined and standards adopted to facilitate the consistency review process. More detailed plans developed for special areas, such as Areas Which Merit Special Attention (AMSA), may be incorporated into the City of Skagway CMP after state and federal approval.
B. In addition, after completing any regional planning efforts, the Planning Commission may evaluate amending the City of Skagway CMP to include pertinent policies, classifications, and resource data developed through the specific planning process. The Skagway City Council must approve all amendments to the City of Skagway CMP. The Commissioner of DNR and the federal Office of Ocean and Coastal Resource Management must also approve any amendment to the City of Skagway CMP. The process for amending the City of Skagway CMP is contained in regulations at 11 AAC 114.
C. Two processes are available to the City of Skagway for amending its plan. The minor amendment process quickly incorporates minor changes. The significant amendment process provides a more thorough review for important changes. Examples of changes that are a significant amendment to the City of Skagway CMP are:
1. New policies or changes to existing policies
2. Alteration to the coastal zone boundaries
3. AMSA or ACMP special management areas
4. Restrictions or exclusions of a use of state concern not previously restricted or excluded
(Ord. 07-02, Added, 02/02/2007)
17.10.050 Monitoring and Enforcement.
A. AS 46.40.100 gives state resource agencies and municipalities enforcement responsibility for provisions of the Alaska Coastal Management Program. If an applicant fails to implement an adopted alternative measure or if the applicant undertakes a project modification not incorporated into the final determination and not reviewed under 11 AAC 110.800- 820, it is a violation of the Alaska Coastal Management Program. The responsibility for enforcing alternative measures carried on state and federal permits rests with the permitting agency. The City of Skagway strongly encourages the state to enforce alternative measures and bring violators into compliance.
B. District policies and ACMP standards are implemented at the state level through alternative measures incorporated into the project description. The ACMP does not issue a separate coastal permit but relies on existing state authorities. Thus, state monitoring and enforcement of the ACMP occurs primarily through agency monitoring and enforcement of alternative measures on their permits. A district can assist in this process by monitoring projects and providing information to appropriate state agencies.
C. The Skagway Coastal Coordinator and the Planning Commission have first-hand knowledge of local concerns and issues related to development activities. The Coastal Coordinator and Planning Commission may, within legal and logistical constraints, assist agencies and municipalities in their monitoring and compliance efforts. The intent is to ensure that alternative measures associated with the City of Skagway CMP are carried out in the development process.
D. The Coastal Coordinator is the key individual in monitoring projects to ensure that alternative measures are carried out in the development process. The Coastal Coordinator and Planning Commission will rely on community input in monitoring implementation of alternative measures. Individuals, local governments, and landowners in the City of Skagway coastal zone may report suspected violations to the Coastal Coordinator, Planning Commission, or state and federal resource agencies. The Coastal Coordinator will investigate reports of violations and follow up with appropriate action to ensure state or federal enforcement. The Coastal Coordinator and Planning Commission will work with state and federal agencies in monitoring and enforcement and provide responsible agencies with copies of local reports on noncompliance. This will include adherence to permit conditions, cooperative plans and the policies of the City of Skagway CMP.
E. If a subject use requires a zoning permit or approval from the City of Skagway, the City will carry on its zoning permit all conditions placed on the subject use in the consistency determination. In such instances, the permitting state and/or federal agency will share concurrent jurisdiction with the City of Skagway and either or both may seek to enforce the conditions placed on the subject use.
(Ord. 07-02, Added, 02/02/2007)
17.10.060 Public Education and Outreach.
A. The City of Skagway Coastal Program Coordinator is committed to understanding how coastal management can benefit communities and residents within City boundaries and knows the most important way to gain this understanding is to listen to people. This local coastal professional also knows if coastal management is presented within the framework of local issues, concerns, and visions for the future, residents will be more likely to participate and support the program.
B. The Coastal Program Coordinator already has a general feel for local issues and sentiment and should encourage decision-making bodies and residents of the City to use coastal management as a way to identify areas appropriate for development, keep coastal resources healthy, and as a way to effect state and federal decision-making. The Coordinator also wants to ensure that local knowledge and public needs are heard and considered when local coastal resources and way of life might be affected by a development proposal. Here are some other education and outreach opportunities that the Coordinator intends to consider as he or she identified how best to communicate about coastal management within the City of Skagway:
1. Request general ACMP publications from OPMP and make sure these are available to local residents. The Coordinator plans to apply labels with local contact information to each of these publications before putting them out in the City office reception areas and his or her office.
2. Use public service announcements (radio and newspaper), flyers, newspaper ads, and phone calls to encourage the input from residents during the review of projects.
3. Encourage local residents to communicate with the coastal district coordinator about coastal issues.
4. Talk to legislators about how the ACMP benefits the people, local coastal resources, and the local economy.
5. Provide local news and volunteer to write articles for the ACMP website.
6. Develop a City coastal management web site and provide a link to the ACMP website. Once this website is regularly providing information considered important by locals, the Coordinator plans to develop a promotional strategy for getting the word out about this valuable information source.
7. Train local teachers or other environmental educators about ACMP-related materials including the "Discover the Zone" game for kids.
8. Be available for work in the schools, especially during Sea Week in the spring.
9. Volunteer to serve as a mentor to high school students, especially if a local high school is participating in the annual National Ocean Sciences Bowl quiz game and research paper hosted at the Alaska Sea Life Center in Seward.
10. Develop a presentation on the local coastal management program and the ACMP and pursue speaking engagements with different community organizations. The Coordinator plans to request assistance from OPMP to develop and, if appropriate, deliver this presentation.
11. Participate in state, federal, and tribal natural resource planning efforts.
12. Participate in watershed volunteer efforts and help them seek sources of funding.
13. Encourage City Council and planning commission members to participate in education and outreach efforts, and provide them with the resources they will need to do this.
14. Organize and participate in an annual beach clean up. If appropriate, coordinate this local effort with the international beach clean up held every year in September.
15. Use OPMP as a resource.
(Ord. 07-02, Added, 02/02/2007)