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Sponsor Statement for HB 431
Land Use On Railroad Land

An Act providing for compliance with local planning and zoning ordinances by the Alaska Railroad Corporation.

Under current statutes, the Alaska Railroad Corporation (ARRC) is able to adopt exclusive rules governing land use on land owned or managed by the ARRC. The ARRC has interpreted this authority to mean that AS 42.40.390 preempts municipal authority over ARRC lands. In other words, the ARRC is not subject to municipal ordinances such as requirements for conditional use permits, air quality regulations, and the like.

HB 431 requires the ARRC to comply with local planning and zoning ordinances in the same manner and to the same extent as other landowners. All other state departments must comply with local planning and zoning ordinances and other regulations under AS 35.30.020. HB 431 would require a similar obligation of the ARRC.

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