3 Alaska Admin. Code § 110.200

Current through October 17, 2024

Section 3 AAC 110.200 - Legislative review

Area that meets the annexation standards specified in 3 AAC 110.160 - 3 AAC 110.195 may be annexed to a borough by the legislative review process if the commission also determines that any one of the following circumstances exists:

(1) the area manifests a reasonable need for borough government that can be met most efficiently and effectively by the annexing borough;

(2) the area is wholly or substantially surrounded by the annexing borough;

(3) the health, safety, or general welfare of borough residents is or will be endangered by conditions existing or potentially developing in the area, and annexation will enable the borough to regulate or control the detrimental effect of those conditions;

(4) the extension of borough services or facilities into the area is necessary to enable the borough to provide adequate services to borough residents, and it is impossible or impractical for the borough to extend the facilities or services unless the area is within the boundaries of the borough;

(5) residents or property owners within the area receive, or may be reasonably expected to receive, directly or indirectly, the benefit of borough government without commensurate tax contributions, whether these benefits are rendered or received inside or outside the area, and no practical or equitable alternative method is available to offset the cost of providing these benefits;

(6) annexation of the area will enable the borough to plan and control reasonably anticipated growth or development in the area that otherwise may adversely impact the borough;

(7) repealed 5/19/2002;

(8) annexation of the area will promote

(A) maximum local self-government, as determined under 3 AAC 110.981; and

(B) 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;

(9) annexation of the area will enhance the extent to which the annexing borough meets the standards for incorporation of boroughs, as set out in the Constitution of the State of Alaska, AS 29.05, and 3 AAC 110.045 - 3 AAC 110.065, and is in the best interests of the state;

(10) the commission determines that specific policies set out in the Constitution of the State of Alaska, AS 29.04, AS 29.05, or AS 29.06 are best served through annexation of the area by the legislative review process, and that annexation is in the best interests of the state.

3 AAC 110.200

Eff. 7/31/92, Register 123; am 5/19/2002, Register 162; am 1/9/2008, Register 185

Authority: Art. X, sec. 1,

AS 29.06.040

AS 44.33.812

Ak Const.

Art. X, sec. 3,

Ak Const.

Art. X, sec. 12,

Ak Const.