Alaska Statutes
Alaska Stat. § 29.40.040 (2026)
Land use regulation
✓ current as of July 2026
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Sec. 29.40.040. Land use regulation.
(a) In accordance with a comprehensive plan adopted under AS 29.40.030 and in order to implement the plan, the assembly by ordinance shall adopt or amend provisions governing the use and occupancy of land that may include, but are not limited to,
(1) zoning regulations restricting the use of land and improvements by geographic districts;
(2) land use permit requirements designed to encourage or discourage specified uses and construction of specified structures, or to minimize unfavorable effects of uses and the construction of structures;
(3) measures to further the goals and objectives of the comprehensive plan.
(b) A variance from a land use regulation adopted under this section may not be granted if
(1) special conditions that require the variance are caused by the person seeking the variance;
(2) the variance will permit a land use in a district in which that use is prohibited; or
(3) the variance is sought solely to relieve pecuniary hardship or inconvenience.
(a) In accordance with a comprehensive plan adopted under AS 29.40.030 and in order to implement the plan, the assembly by ordinance shall adopt or amend provisions governing the use and occupancy of land that may include, but are not limited to,
(1) zoning regulations restricting the use of land and improvements by geographic districts;
(2) land use permit requirements designed to encourage or discourage specified uses and construction of specified structures, or to minimize unfavorable effects of uses and the construction of structures;
(3) measures to further the goals and objectives of the comprehensive plan.
(b) A variance from a land use regulation adopted under this section may not be granted if
(1) special conditions that require the variance are caused by the person seeking the variance;
(2) the variance will permit a land use in a district in which that use is prohibited; or
(3) the variance is sought solely to relieve pecuniary hardship or inconvenience.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1995–2021 · leading case: Griswold v. City of Homer, 186 P.3d 558 (Alaska 2008).
Griswold v. City of Homer, 186 P.3d 558 (Alaska 2008). “020(b)(2), the commission must also "review, recommend, and administer measures necessary to implement the comprehensive plan, including measures provided under AS 29.40.040." [11] Because "zoning regulations" are one of the *562 "measures provided under AS 29.”
Stevens v. Matanuska-Susitna Borough, 146 P.3d 3 (Alaska Ct. App. 2006). “[5] More specifically, the Borough argues that AS 29.40.040(a)in particular the portion italicized belowgave it authority to enact the noise ordinance at issue in this case: Land use regulation.”
Lazy Mountain Land Club v. Matanuska-Susitna Borough Bd. of Adjustment & Appeals, 904 P.2d 373 (Alaska 1995). “60, the borough zoning ordinance requiring the permit, is invalid because it was not adopted “in accordance with” or “in order to implement” a validly enacted comprehensive plan as required by AS 29.40.040. Alternatively, LMLC argues both that MSB 17.”
Frank Griswold v. Homer Advisory Plan. Comm'n, Derek Reynolds, Catriona Reynolds, & Rick Abboud, 484 P.3d 120 (Alaska 2021). “16 Using this authority, the Council has adopted a system of zoning districts in which certain uses and structures are permitted outright and others may be permitted subject to the grant of a conditional use permit.”
Griswold v. City of Homer, 925 P.2d 1015 (Alaska 1996). “" AS 29.40.040. That statute requires the borough to implement the comprehensive plan by adopting provisions governing land use, including zoning regulations.”
Carmony v. McKechnie, 217 P.3d 818 (Alaska 2009). “at 561-62 (quoting AS 29.40.040). 16 . Id. at 563 . 17 . Thompson v.”
Price v. Dahl, 912 P.2d 541 (Alaska 1996). “AS 29.40.040(a). Requiring zoning decisions to be in accord with the comprehensive plan “helps to ‘guard against prejudice, arbitrary decision-making, and improper motives’ by providing substantive standards against which to measure individual zoning decisions.”
— Alaska Stat. § 29.40.040(a) — 5 cases
Stevens v. Matanuska-Susitna Borough, 146 P.3d 3 (Alaska Ct. App. 2006). “[5] More specifically, the Borough argues that AS 29.40.040(a)in particular the portion italicized belowgave it authority to enact the noise ordinance at issue in this case: Land use regulation.”
Griswold v. City of Homer, 186 P.3d 558 (Alaska 2008). “020(b)(2), the commission must also "review, recommend, and administer measures necessary to implement the comprehensive plan, including measures provided under AS 29.40.040." [11] Because "zoning regulations" are one of the *562 "measures provided under AS 29.”
Frank Griswold v. Homer Advisory Plan. Comm'n, Derek Reynolds, Catriona Reynolds, & Rick Abboud, 484 P.3d 120 (Alaska 2021). “16 Using this authority, the Council has adopted a system of zoning districts in which certain uses and structures are permitted outright and others may be permitted subject to the grant of a conditional use permit.”
Lazy Mountain Land Club v. Matanuska-Susitna Borough Bd. of Adjustment & Appeals, 904 P.2d 373 (Alaska 1995). “60, the borough zoning ordinance requiring the permit, is invalid because it was not adopted “in accordance with” or “in order to implement” a validly enacted comprehensive plan as required by AS 29.40.040. Alternatively, LMLC argues both that MSB 17.”
Price v. Dahl, 912 P.2d 541 (Alaska 1996). “AS 29.40.040(a). Requiring zoning decisions to be in accord with the comprehensive plan “helps to ‘guard against prejudice, arbitrary decision-making, and improper motives’ by providing substantive standards against which to measure individual zoning decisions.”
— Alaska Stat. § 29.40.040(a)(1) — 1 case
Griswold v. City of Homer, 186 P.3d 558 (Alaska 2008). “020(b)(2), the commission must also "review, recommend, and administer measures necessary to implement the comprehensive plan, including measures provided under AS 29.40.040." [11] Because "zoning regulations" are one of the *562 "measures provided under AS 29.”
— Alaska Stat. § 29.40.040(a)(2) — 1 case
Frank Griswold v. Homer Advisory Plan. Comm'n, Derek Reynolds, Catriona Reynolds, & Rick Abboud, 484 P.3d 120 (Alaska 2021). “16 Using this authority, the Council has adopted a system of zoning districts in which certain uses and structures are permitted outright and others may be permitted subject to the grant of a conditional use permit.”
— Alaska Stat. § 29.40.040(b) — 1 case
Frank Griswold v. Homer Advisory Plan. Comm'n, Derek Reynolds, Catriona Reynolds, & Rick Abboud, 484 P.3d 120 (Alaska 2021). “16 Using this authority, the Council has adopted a system of zoning districts in which certain uses and structures are permitted outright and others may be permitted subject to the grant of a conditional use permit.”
— Alaska Stat. § 29.40.040(d)(1) — 1 case
Griswold v. City of Homer, 186 P.3d 558 (Alaska 2008). “020(b)(2), the commission must also "review, recommend, and administer measures necessary to implement the comprehensive plan, including measures provided under AS 29.40.040." [11] Because "zoning regulations" are one of the *562 "measures provided under AS 29.”
— Alaska Stat. § 29.40.040(g) — 1 case
Stevens v. Matanuska-Susitna Borough, 146 P.3d 3 (Alaska Ct. App. 2006). “[5] More specifically, the Borough argues that AS 29.40.040(a)in particular the portion italicized belowgave it authority to enact the noise ordinance at issue in this case: Land use regulation.”
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