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26.0109 Disaster prevention.

Cite as [A.S.C.A. § 26.0109]

(a) In addition to disaster prevention measures as included in the Territorial Disaster Assistance Plan, the Governor shall consider on a continuing basis steps that could be taken to prevent or reduce the harmful consequences of disasters. At his direction, and pursuant to any other authority and competence they have, Territorial agencies, including but not limited to those charged with responsibilities in connection with floodplain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land use planning, and construction standards, shall make studies of disaster prevention-related matters. The Governor, from time to time, shall make recommendations to the Legislature, local governments, and other appropriate public and private entities as may facilitate measures for prevention or reduction of the harmful consequences of disasters.

(b) The Department of Public Works, in conjunction with the office, shall keep land uses and construction of structures and other facilities under continuing study and identify areas which are particularly susceptible to severe land shifting, subsidence, flood or other catastrophic occurrence. The studies under this subsection shall concentrate on means of reducing or avoiding the dangers caused by this occurrence or the consequences thereof.

(c) If the office believes on the basis of the studies or other competent evidence that an area is susceptible to a disaster of catastrophic proportions without adequate warning, that existing building standards and land use controls in that area are inadequate and could add substantially to the magnitude of the disaster, and that changes in zoning regulations, other land use regulations, or building requirements are essential in order to further the purposes of this section, it shall specify the essential changes to the Governor. If the Governor upon review of the recommendation finds after public hearing that the changes are essential, he shall inform the Legislature and request legislative action appropriate to mitigate the impact of disaster.

(d) The Governor at the same time that he makes his recommendations under subsection (c), may suspend the standard or control which he finds to be inadequate to protect the public safety and by regulation place a new standard or control in effect. The new standard or control shall remain in effect until rejected by concurrent resolution of both Houses of the Legislature or amended by the Governor. During the time it is in effect, the standard or control contained in the Governor’s regulation shall be administered and given full effect by all relevant regulatory agencies of the Territory and local governments to which it applies. The Governor’s action is subject to judicial review in accordance with the Administrative Procedure Act, 4.1001 et seq., but shall not be subject to temporary stay pending litigation.

History: 1978, PL 15-105 § 9.