3 AAC 110.060 - Boundaries

(a) In accordance with AS 29.05.031(a)(2) and art. X, sec. 3, Constitution of the State of Alaska, the boundaries of a proposed borough must conform generally to natural geography, must be on a regional scale suitable for borough government, and must include all land and water necessary to provide the full development of essential municipal services on an efficient, cost-effective level. In this regard, the commission may consider relevant factors, including

(1) land use and ownership patterns;

(2) ethnicity and cultures;

(3) repealed 1/9/2008;

(4) existing and reasonably anticipated transportation patterns and facilities;

(5) natural geographical features and environmental factors;

(6) repealed 1/9/2008; and

(7) existing and reasonably anticipated industrial, commercial, and resource development within the proposed borough.

(b) When reviewing the boundaries proposed in a petition for borough incorporation, the commission may consider

(1) model borough boundaries for the area within the proposed borough;

(2) regional boundaries, including

(A) boundaries of one or more regional educational attendance areas existing in that proposed borough area;

(B) federal census area boundaries;

(C) boundaries established for regional Native corporations under 43 U.S.C. 1601 - 1629 h (Alaska Native Claims Settlement Act); and

(D) boundaries of national forests;

(3) whether the proposed borough will embrace an area and population with common interests to the maximum degree possible;

(4) whether the proposed borough promotes maximum local self-government, as determined under 3 AAC 110.981;

(5) whether the proposed borough promotes a minimum number of local government units, as determined under 3 AAC 110.982 and in accordance with art. X, sec. 1, Constitution of the State of Alaska; and

(6) whether the proposed borough boundaries are the optimum boundaries for that region in accordance with art. X, sec. 3, Constitution of the State of Alaska.

(c) Repealed 1/9/2008.

(d) Absent a specific and persuasive showing to the contrary, the commission will presume that an area proposed for incorporation that is noncontiguous or that contains enclaves does not include all land and water necessary to allow for the full development of essential municipal services on an efficient, cost-effective level.

(e) If a petition for incorporation of a proposed borough describes boundaries overlapping the boundaries of an existing organized borough, the petition for incorporation must also address and comply with all standards and procedures for detachment of the overlapping boundaries from the existing organized borough. The commission will consider that petition for incorporation as also being a detachment petition.

(f) The boundaries of a borough may not include only a portion of the territory of an existing city government.

(g) Requirements relating to limitation of community, as set out in 3 AAC 110.040(b), do not apply to boroughs.

Notes

3 AAC 110.060

Eff. 10/12/91, Register 120; am 5/19/2002, Register 162; am 1/9/2008, Register 185

Authority: Art. X, sec. 1,

AS 29.05.031

AS 44.33.812

Ak Const.

Art. X, sec. 3,

Ak Const.

Art. X, sec. 12,

Ak Const.