3 Alaska Admin. Code § 110.220

Current through October 17, 2024

Section 3 AAC 110.220 - Standards

(a) Two or more municipalities may merge if, in accordance with AS 29.06.130, the commission determines that the proposed merger

(1) meets the standards in 3 AAC 110.220 - 3 AAC 110.235 and

(A) for a proposal to form a merged city, meets the standards for incorporation of cities, as set out in the Constitution of the State of Alaska, AS 29.05, 3 AAC 110.005 - 3 AAC 110.042, and 3 AAC 110.900 - 3 AAC 110.970; or

(B) for a proposal to form a merged borough, meets the standards for incorporation of boroughs, as set out in the Constitution of the State of Alaska, AS 29.05, 3 AAC 110.045 - 3 AAC 110.067, and 3 AAC 110.900 - 3 AAC 110.970; and

(2) is in the best interests of the state.

(b) Separate proceedings are not required for dissolution of a municipality that is being merged with another municipality. Dissolution occurs automatically at the time of merger.

(c) If a petition for merger proposes boundaries that include lands or submerged lands not currently within the boundaries of the merging municipalities, the petition for merger must also address and comply with the standards and procedures for annexation of those lands or submerged lands to the new municipality.

(d) Absent a specific and persuasive showing to the contrary, the commission will presume that a petition for merger promotes

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

(2) 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.

3 AAC 110.220

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. 7,

Ak Const.

Art. X, sec. 12,

Ak Const.