(a) The adjutant general may designate an area as a military facility zone only if the area in the state

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Alaska Statutes 26.30.020

  • adjutant general: means the principal executive officer of the Department of Military and Veterans' Affairs appointed under AS 26. See Alaska Statutes 26.30.900
  • area: means a geographic area described by a closed perimeter boundary within one or more municipalities in the state. See Alaska Statutes 26.30.900
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • facility: means a facility of
    (A) an Alaska military or civilian agency serving a subdivision of the Alaska National Guard, the United States Army, the United States Navy, the United States Marine Corps, the United States Air Force, or the United States Coast Guard, including reserve units of those entities. See Alaska Statutes 26.30.900
  • military facility zone: means an area that
    (A) meets the requirements of AS 26. See Alaska Statutes 26.30.900
  • municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • Statute: A law passed by a legislature.
  • zone: means a military facility zone. See Alaska Statutes 26.30.900
(1) is in close proximity to a facility;
(2) directly supports the military application of a facility;
(3) is zoned for industrial or economic development, residential use, and workforce training or education beneficial to the facility; and
(4) is in an area with inadequate infrastructure to support the continued or expanded operations of the facility.
(b) The adjutant general may give priority consideration to an area for designation as a military facility zone if the area is of strategic importance to the economic development interests of the municipality.
(c) The adjutant general shall consider the following factors before designating an area as a military facility zone:

(1) whether the proposed military facility zone designation is consistent with the comprehensive plan of the municipality or local zoning ordinances;
(2) whether it is feasible to develop sites within the proposed zone for purposes of industrial or economic development, residential use, and workforce training or education beneficial to the facility;
(3) whether the municipality has targeted the area for revitalization in a plan or ordinance;
(4) the relationship between the area and a military facility subject to realignment or closure under 10 U.S.C. § 2687, as amended, or a successor statute or the effect of the realignment or closure on the area;
(5) the availability, cost, and condition of existing business and educational facilities to support the military facility or facility of a civilian agency;
(6) the difference between the median annual income of residents of the area and the median annual income of residents of the state and region, and the number of residents who receive public assistance;
(7) the number of residents of the area who receive unemployment, and the ability of the municipality to improve social and economic conditions of the area;
(8) the need for financing for small businesses that would improve social and economic conditions in the area;
(9) any plans or financial commitments of municipalities to improve the area;
(10) any plans or financial commitments of private entities to improve the area;
(11) the municipality’s participation in economic development activities, including proposals for public or private development;
(12) support from community or business organizations in the area;
(13) the availability of workforce readiness programs, including workforce recruiting and training support or educational research and curriculum support in the area;
(14) the availability or plans for the creation of workforce housing options for residents of the area; and
(15) the fiscal effect on the state if the area were to be designated a military facility zone.
(d) In considering the factors under (c) of this section, the Department of Military and Veterans’ Affairs may rely on the information provided by a municipality and may not be held liable for civil damages resulting from a military facility zone designation that is based on inaccurate or incomplete information provided by a municipality.
  Previous section
Next section  
 Chapter 30 Contents