# Every Notice Went Up > Who has to be told before somebody changes the weather over the southern Kenai? The answer is not the borough underneath. Published 2026-09-20 by Alaska AI. 9 slides. Canonical: https://alaskaaihq.com/archive/2026-09-20/ ## The story EVERY NOTICE WENT UP. NONE CAME DOWN. 19 FLARES OVER THE SOUTHERN KENAI, AUGUST 23RD Notice was given. It went up. Federal law bars anyone from changing the weather without filing a report, and the rule sets that filing at least 10 days before the activity begins. Rainmaker asked Alaska DNR first, and it answered with a letter of no objection. The drones flew over state land. Because the flight was over state and not borough land, no borough permission was needed. The borough's own attorney put the limit in writing, that a second class borough has no authority to fully regulate this or the airspace. 19 million gallons is a hundredth of an inch. Rainmaker flew 10 drone flights on August 23rd and its report puts the result at about 57 acre-feet, or roughly 19 million gallons, which works out to about 0.01 inches across the area. The state calls these modeled estimates, not water measured at the ground. The borough's port was never drilled. Rainmaker's press release was the first notice the borough had that drones carrying weather modification payloads were operating inside it. The flight was over state land, so no borough permission was needed. The borough wrote a form. Ten required items, on borough land only. Ten questions. None about the model. The state's own letter says the company uses drones, atmospheric observations, weather radar and modeling to identify clouds and conditions suitable for seeding. Every one of the ten items asks about the payload, the pyrotechnics or the flight. Everyone can ask. Almost nobody can act. Alaska has no framework specific to weather modification and no state permit is required for cloud seeding. This session carries 856 bills and not one of them is on the subject. Federal law takes a filing, not a permission. One room. October 20th. The public hearing on the ordinance is October 20th, and if the Assembly enacts it, it takes effect immediately. Until then it is introduced and not law. ## What we verified - The Kenai Peninsula Borough Assembly meeting that took up both weather modification measures was held Tuesday, September 15th. [Kenai Peninsula Borough Clerk, Legistar meeting agenda](https://kpb.legistar1.com/kpb/meetings/2026/9/7904_A_Assembly_26-09-15_Meeting_Agenda.pdf), primary document, 2026-09-15. - Resolution 2026-046 was adopted by the Kenai Peninsula Borough Assembly on September 15th. [Kenai Peninsula Borough, signed Resolution 2026-046](https://kpb.legistar1.com/kpb/attachments/f85b5524-f9ce-4ee7-9971-fccf71e01f6a.pdf), primary document, 2026-09-15. - The vote on Resolution 2026-046 was 7 Yes, 0 No, 2 Absent. [Kenai Peninsula Borough, signed Resolution 2026-046](https://kpb.legistar1.com/kpb/attachments/f85b5524-f9ce-4ee7-9971-fccf71e01f6a.pdf), primary document, 2026-09-15. - Both weather modification measures were placed on the Assembly's consent agenda, the block of items it deems routine and approves by one motion. [Kenai Peninsula Borough Clerk, Legistar meeting agenda](https://kpb.legistar1.com/kpb/meetings/2026/9/7904_A_Assembly_26-09-15_Meeting_Agenda.pdf), primary document, 2026-09-15. - Ordinance 2026-35 was introduced by the Mayor and Assembly member Niesen. [Kenai Peninsula Borough Clerk, Legistar meeting agenda](https://kpb.legistar1.com/kpb/meetings/2026/9/7904_A_Assembly_26-09-15_Meeting_Agenda.pdf), primary document, 2026-09-15. - Resolution 2026-046 asks the Alaska Legislature to consider prohibiting the intentional release of any substance into the atmosphere for the express purpose of affecting temperature, weather or the intensity of sunlight. [Kenai Peninsula Borough, signed Resolution 2026-046](https://kpb.legistar1.com/kpb/attachments/f85b5524-f9ce-4ee7-9971-fccf71e01f6a.pdf), primary document, 2026-09-15. - Resolution 2026-046 asks the Legislature, as an alternative to a ban, to set notice and permitting requirements carrying civil or criminal penalties. [Kenai Peninsula Borough, signed Resolution 2026-046](https://kpb.legistar1.com/kpb/attachments/f85b5524-f9ce-4ee7-9971-fccf71e01f6a.pdf), primary document, 2026-09-15. - Resolution 2026-046 asks Alaska's congressional delegation to direct a review of federal law to strengthen notice, reporting and approval requirements before the activities take place. [Kenai Peninsula Borough, signed Resolution 2026-046](https://kpb.legistar1.com/kpb/attachments/f85b5524-f9ce-4ee7-9971-fccf71e01f6a.pdf), primary document, 2026-09-15. - Ordinance 2026-35 was introduced and set for public hearing on September 15th and has not been enacted. [Kenai Peninsula Borough via the Legistar Web API](https://webapi.legistar.com/v1/kpb/matters/32039/histories), primary document, 2026-09-15. - The public hearing on Ordinance 2026-35 is set for October 20th. [Kenai Peninsula Borough Clerk, Legistar meeting agenda](https://kpb.legistar1.com/kpb/meetings/2026/9/7904_A_Assembly_26-09-15_Meeting_Agenda.pdf), primary document, 2026-09-15. - Ordinance 2026-35 would enact a new borough code section, KPB 17.10.165, reaching weather modification and geoengineering activities on borough lands. [Kenai Peninsula Borough Legal Department memorandum](https://kpb.legistar1.com/kpb/attachments/1d1c099e-8eff-4370-98ed-22faa1d86abc.pdf), primary document, 2026-09-03. - The borough's own attorney wrote that as a second class borough the Kenai Peninsula Borough does not have authority to fully regulate weather modification activities or airspace rights. [Kenai Peninsula Borough Legal Department memorandum](https://kpb.legistar1.com/kpb/attachments/1d1c099e-8eff-4370-98ed-22faa1d86abc.pdf), primary document, 2026-09-03. - Rainmaker's press release was the first notice the Kenai Peninsula Borough received that drones carrying weather modification payloads were operating inside the borough. [Kenai Peninsula Borough Legal Department memorandum](https://kpb.legistar1.com/kpb/attachments/1d1c099e-8eff-4370-98ed-22faa1d86abc.pdf), primary document, 2026-09-03. - Rainmaker conducted its Kenai Peninsula cloud seeding on August 23rd over the course of 10 drone flights. [Kenai Peninsula Borough Legal Department memorandum](https://kpb.legistar1.com/kpb/attachments/1d1c099e-8eff-4370-98ed-22faa1d86abc.pdf), primary document, 2026-09-03. - Alaska DEC reported that Rainmaker estimated a mean of approximately 57 acre-feet of additional precipitation, or approximately 19 million gallons of water. [Alaska Department of Environmental Conservation, Commissioner Randy Bates](https://kpb.legistar1.com/kpb/attachments/16f1fe75-2de4-493c-b8d6-0286e73a1763.pdf), primary document, 2026-09-11. - Alaska DEC reported that Rainmaker's estimate corresponds to approximately 0.01 inches of precipitation across the relevant area. [Alaska Department of Environmental Conservation, Commissioner Randy Bates](https://kpb.legistar1.com/kpb/attachments/16f1fe75-2de4-493c-b8d6-0286e73a1763.pdf), primary document, 2026-09-11. - Alaska DEC described Rainmaker's precipitation figures as modeled estimates and not the same as a direct measurement of water collected at the ground. [Alaska Department of Environmental Conservation, Commissioner Randy Bates](https://kpb.legistar1.com/kpb/attachments/16f1fe75-2de4-493c-b8d6-0286e73a1763.pdf), primary document, 2026-09-11. - Rainmaker's technical report states that 19 flares dispersed approximately 374 grams of silver iodide in total on the August 23rd Kenai operation. [Alaska Department of Environmental Conservation, Commissioner Randy Bates](https://kpb.legistar1.com/kpb/attachments/16f1fe75-2de4-493c-b8d6-0286e73a1763.pdf), primary document, 2026-09-11. - Alaska has no regulatory framework specific to weather modification and no state permit is required solely for cloud seeding. [Alaska Department of Environmental Conservation, Commissioner Randy Bates](https://kpb.legistar1.com/kpb/attachments/16f1fe75-2de4-493c-b8d6-0286e73a1763.pdf), primary document, 2026-09-11. - Rainmaker contacted the Alaska Department of Natural Resources before its Alaska activities and received a letter of no objection from DNR. [Alaska Department of Environmental Conservation, Commissioner Randy Bates](https://kpb.legistar1.com/kpb/attachments/16f1fe75-2de4-493c-b8d6-0286e73a1763.pdf), primary document, 2026-09-11. - Federal law says no person may engage in weather modification in the United States without submitting reports to the Secretary of Commerce, and allows the Secretary to require them before, during and after the activity. [Cornell Legal Information Institute, 15 U.S.C. 330a](https://www.law.cornell.edu/uscode/text/15/330a), primary document, 2026-09-20. - The implementing regulation requires an initial report at least 10 days before a weather modification activity begins. [Cornell Legal Information Institute, 15 CFR 908.4](https://www.law.cornell.edu/cfr/text/15/908.4), primary document, 2026-09-20. - The Alaska Department of Environmental Conservation stated that the federal reporting framework is not a comprehensive federal permitting program for cloud seeding. [Alaska Department of Environmental Conservation, Commissioner Randy Bates](https://kpb.legistar1.com/kpb/attachments/16f1fe75-2de4-493c-b8d6-0286e73a1763.pdf), primary document, 2026-09-11. - Resolution 2026-046 states that federal notice information is not shared with impacted municipalities before the activity begins. [Kenai Peninsula Borough, signed Resolution 2026-046](https://kpb.legistar1.com/kpb/attachments/f85b5524-f9ce-4ee7-9971-fccf71e01f6a.pdf), primary document, 2026-09-15. - Resolution 2026-046 records that Rainmaker used at least 19 red flares released by drones without giving borough officials specific notice of the activities, payloads or chemicals. [Kenai Peninsula Borough, signed Resolution 2026-046](https://kpb.legistar1.com/kpb/attachments/f85b5524-f9ce-4ee7-9971-fccf71e01f6a.pdf), primary document, 2026-09-15. - Ordinance 2026-35 would require ten items in an application for a borough commercial lease or land use permit to conduct weather modification. [Kenai Peninsula Borough, Ordinance 2026-35 as introduced](https://kpb.legistar1.com/kpb/attachments/73cfabad-36b5-4283-b7b5-005382ca41e3.docx), primary document, 2026-09-15. - Ordinance 2026-35 would prohibit weather modification and geoengineering outright on borough lands open for casual use. [Kenai Peninsula Borough, Ordinance 2026-35 as introduced](https://kpb.legistar1.com/kpb/attachments/73cfabad-36b5-4283-b7b5-005382ca41e3.docx), primary document, 2026-09-15. - Ordinance 2026-35 would carry a $1,000 per day fine and a five year application ban for failing to file the required closeout information. [Kenai Peninsula Borough, Ordinance 2026-35 as introduced](https://kpb.legistar1.com/kpb/attachments/73cfabad-36b5-4283-b7b5-005382ca41e3.docx), primary document, 2026-09-15. - Ordinance 2026-35 defines weather modification and geoengineering to include cloud seeding, solar radiation modification and stratospheric aerosol injection. [Kenai Peninsula Borough, Ordinance 2026-35 as introduced](https://kpb.legistar1.com/kpb/attachments/73cfabad-36b5-4283-b7b5-005382ca41e3.docx), primary document, 2026-09-15. - Alaska DEC wrote that Rainmaker's materials describe using drones, atmospheric observations, weather radar and modeling to identify clouds and atmospheric conditions that may be suitable for seeding. [Alaska Department of Environmental Conservation, Commissioner Randy Bates](https://kpb.legistar1.com/kpb/attachments/16f1fe75-2de4-493c-b8d6-0286e73a1763.pdf), primary document, 2026-09-11. - Alaska DEC said it has not identified a violation or an adverse impact requiring action under its existing authorities. [Alaska Department of Environmental Conservation, Commissioner Randy Bates](https://kpb.legistar1.com/kpb/attachments/16f1fe75-2de4-493c-b8d6-0286e73a1763.pdf), primary document, 2026-09-11. - Alaska DEC wrote that Rainmaker acknowledged communication with state officials and legislators before its operations would have been appropriate. [Alaska Department of Environmental Conservation, Commissioner Randy Bates](https://kpb.legistar1.com/kpb/attachments/16f1fe75-2de4-493c-b8d6-0286e73a1763.pdf), primary document, 2026-09-11. - Alaska DEC said Rainmaker represented that it operates under permitting or licensing frameworks in Colorado, Utah, Idaho, Oregon and Texas. [Alaska Department of Environmental Conservation, Commissioner Randy Bates](https://kpb.legistar1.com/kpb/attachments/16f1fe75-2de4-493c-b8d6-0286e73a1763.pdf), primary document, 2026-09-11. - The Alaska Legislature's own bill system carries no weather modification bill in session 34. [Alaska Legislature, BASIS public service](https://www.akleg.gov/publicservice/basis/bills?session=34), primary document, 2026-09-20. - Ordinance 2026-35 would take effect immediately on enactment. [Kenai Peninsula Borough, Ordinance 2026-35 as introduced](https://kpb.legistar1.com/kpb/attachments/73cfabad-36b5-4283-b7b5-005382ca41e3.docx), primary document, 2026-09-15. - Because the drones flew over state rather than borough land, Rainmaker did not need borough permission for the test. [Alaska Public Media](https://alaskapublic.org/news/environment/2026-09-17/after-rain-experiment-near-homer-borough-assembly-seeks-regulations), report, 2026-09-17. - Mayor Peter Micciche said of the cloud seeding, No one knew what was going to occur prior to it occurring. [KDLL 91.9 FM](https://www.kdll.org/local-news/2026-09-16/after-cloud-seeding-near-homer-borough-assembly-seeks-regulations), report, 2026-09-16. - Alaska Public Media reported that Rep. Sarah Vance has drafted a bill she would introduce if reelected that would set weather modification requirements including local notification. [Alaska Public Media](https://alaskapublic.org/news/environment/2026-09-17/after-rain-experiment-near-homer-borough-assembly-seeks-regulations), report, 2026-09-17. Slides and the deck PDF are linked from the canonical page.