Section 3 AAC 110.270 - Best interests of state(a) In determining whether detachment from a borough is in the best interests of the state under AS 29.06.040, the commission may consider relevant factors, including(1) the health, safety, and general welfare of the proposed remnant borough and the area after detachment;(2) the ability of the proposed remnant borough to efficiently and effectively provide reasonably necessary facilities and services after detachment;(3) the reasonably anticipated potential for, and impact of, future population growth or economic development that will require local government regulation in the area after detachment;(4) the historical pattern of providing to the area municipal services that have been, or should be, supported by tax levies in the area;(5) the historical pattern of cooperation and shared commitment between the people of the proposed remnant borough and the people of the area;(6) the extent to which detachment might enhance or diminish the ability of the proposed remnant borough to meet 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 110.065, and 3 AAC 110.900 - 3 AAC 110.970;(7) the extent to which a transition plan of a previous annexation has been implemented and is effective;(8) the effect of the proposed detachment on the long-term stability of the finances of the proposed remnant borough, other municipalities, and the state;(9) whether the proposed detachment 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;(10) whether the area's requirements for local government services will be adequately met following detachment;(11) contemporary and historical public school enrollment data; and(12) nonconfidential data from the Department of Revenue regarding applications under AS 43.23 for permanent fund dividends.(b) If, to fulfill the requirements of (a)(10) of this section, the petitioner has proposed, or the commission requires, incorporation of the area into a new municipality, the commission will condition the approval of the detachment upon voter approval of the incorporation.(c) Absent a specific and persuasive showing to the contrary, the commission will presume that area proposed for detachment that would create noncontiguous parts of the borough or enclaves within the borough does not meet the standards for detachment.(d) Absent a specific and persuasive showing to the contrary, the commission will presume that area proposed for detachment from an organized borough to an unorganized borough is a diminution of maximum local self-government and does not meet the standards for detachment.(e) In order to promote a minimum number of local government units in accordance with art. X, sec. 1, Constitution of the State of Alaska, a petition for detachment that also seeks to incorporate a new borough must propose that the new borough will encompass a substantially larger population and area than the population and area proposed for detachment.Eff. 7/31/92, Register 123; am 5/19/2002, Register 162; am 1/9/2008, Register 185Authority: 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.