and Petitions Elevation
If you disagree with the proposed determination on your project, you may request
elevation (further review) to division directors within state resource agencies.
A resource agency or affected coastal district may also request an elevation.
This request must be in writing and include a proposed alternative consistency
determination that would effectively address your concerns. The directors review
the proposed determination and the alternative determination included in the
elevation request, then issue a director-level proposed determination. If you
do not agree with the director-level review, you may elevate the review to the
commissioners of the resource agencies, who issue a final determination. This
is the last step in the administrative process. Each elevation review can take
up to 15 days.
Under AS 46.40.096, certain eligible parties may petition the Coastal Policy
Council to review a project if the petitioner believes their comments related
to the enforceable policies of an affected coastal district were not fairly considered.
These parties may include the project applicant, an affected coastal district,
a state agency, or a citizen of an affected coastal district. The petition process
must be completed within 30 days. Contact DCOM for more information.
If your project requires a federal approval and you disagree with the state's
final consistency determination, you may also appeal to the U.S. Secretary of
Commerce in Washington, D.C., as provided in 15 CFR 930.125(h). DGC can provide
you with information on this appeal process upon request.