reglab/housing_qa huggingface dataset:
AK Stat § 41.17.070 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 1. Administration and Management.|Sec. 41.17.070. Administrative plan and report.

(a) The commissioner shall develop and continually maintain a long-range plan for the administration of this chapter that demonstrates that the provisions of AS 41.17.010 are being recognized and that the standards of AS 41.17.060 are being met. The commissioner shall maintain a current inventory or assessment of timber on forest land to assist in meeting the requirements of this section. (b) To maintain a record of division decision making for public and agency review, the commissioner shall compile and index each decision made under this chapter regarding directives, stop work orders, waivers from requirements, decisions of hearing officers, and decisions on appeals. The commissioner shall submit a summary of this record annually to the board. (c) [Repealed, § 108 ch 6 SLA 1984.]  (d) [Repealed, § 108 ch 6 SLA 1984.]
AK Stat § 41.17.080 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 1. Administration and Management.|Sec. 41.17.080. Regulations.

(a) The commissioner may adopt regulations necessary to accomplish the purposes of this chapter under AS 44.62 (Administrative Procedure Act) regarding forest practices such as (1) road construction and maintenance, including (A) road location, construction, maintenance, and post-operation management or removal; (B) landing location and construction; (C) drainage structures; (D) material sources and spoil disposal sites; (2) timber harvesting, including (A) timber harvest unit planning and design; (B) felling and bucking; (C) cable yarding, shovel, tractor, and wheeled skidder systems; (D) landing clean-up; (E) slash disposal; (3) log transfer, sort yards, and storage facilities, including (A) location, design, and construction; (B) maintenance; (C) closure; (D) log storage, rafting, and identification; (4) reforestation, including (A) site preparation and rehabilitation; (B) prescribed burning; (C) exemptions from reforestation requirements; (5) prevention and suppression of forest insects and diseases; (6) salvage logging; (7) vegetative management; and (8) fire and flood hazard management. (b) The commissioner shall adopt regulations specifying the information to be submitted under AS 41.17.090(c) in the detailed plan of operations to enable the division to determine whether the activities comply with the requirements of this chapter. (c) The commissioner may establish regions, districts, or other subdivisions of forest land in the state in which different regulations apply to reflect varying conditions in the state or to facilitate administration. In adopting regulations, the commissioner shall make appropriate distinctions between public and private land. (d) The commissioner shall adopt only those regulations necessary to accomplish the purposes of this chapter and shall avoid regulations that increase operating costs without yielding significant benefits to public resources.
AK Stat § 41.17.081 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 1. Administration and Management.|Sec. 41.17.081. Civil immunity.

(a) Notwithstanding other provisions of law, a person may not bring a civil action for damages for death, personal injury, or property damage that results from an act or omission in performing or failing to perform activities or duties arising out of prevention, monitoring, control, or suppression of fires authorized to be performed under regulations adopted under AS 41.17.080(a)(8) against (1) the state or its officers, agents, and employees; (2) a political subdivision of the state or its officers, agents, and employees; (3) any organization authorized to prevent, control, or suppress fires; or (4) others assisting in the control or suppression of fires at the request of an officer or employee of the United States or the state. (b) This section does not apply to a civil action for damages as a result of intentional misconduct within the course and scope of employment or agency and with complete disregard for the safety and property of others.
AK Stat § 41.17.082 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 1. Administration and Management.|Sec. 41.17.082. Control of infestations and disease.

(a) All forest clearing operations and silvicultural systems shall be designed to reduce the likelihood of increased insect infestation and disease infections that threaten forest resources. (b) A forest landowner may not conduct or approve timber clearing activities that create conditions fostering outbreaks of infestation or infection that threaten forest resources on forest land belonging to another person. If the commissioner finds, after notice and hearing, that there has been a violation of this subsection, the commissioner may require the forest landowner, at that person's expense, to (1) remove promptly or cure the conditions fostering outbreaks of infestation or infection; and (2) undertake environmentally sound, effective, and cost-efficient actions to control the infestation or infection in the immediate vicinity of the improper timber clearing activity. (c) If a forest landowner does not comply with a final order of the commissioner under (b)(1) or (b)(2) of this section, the commissioner may enter onto the land and undertake the actions ordered and the landowner is liable for the cost of the actions. The commissioner shall deliver to the landowner an itemized statement of expenses incurred. (d) The commissioner may undertake surveys and appraisals to obtain data on regional insect infestations and disease conditions. Upon a determination that an area is infested with forest insects or infected with diseases injurious to forest resources and that the infestation or infection threatens the forest land or timber of adjacent owners, the commissioner may establish the boundaries of an infestation or infection zone. The commissioner may enter into an agreement with an owner or with a governmental agency to control or suppress infestation or infection within the zone. Upon a determination by the commissioner that insect and disease control work within the zone is no longer necessary or feasible, the commissioner shall terminate the zone.
AK Stat § 41.17.083 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 1. Administration and Management.|Sec. 41.17.083. Clearing of forest land for non-timber purposes.

A state agency, municipality, or public utility shall determine whether the timber to be removed has significant salvage value before approving or conducting clearing of forest land for purposes other than timber harvest. If the timber has significant salvage value, the agency or utility shall salvage the timber as part of the clearing process.
AK Stat § 41.17.085 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 1. Administration and Management.|Sec. 41.17.085. Permit applications.

(a) [Repealed, § 4, ch 23 SLA 2003.] (b) Where practicable and desirable, the commissioner may enter into cooperative agreements with federal agencies authorizing the department to serve as a collection point for federal permit applications.
AK Stat § 41.17.087 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 1. Administration and Management.|Sec. 41.17.087. Variation from requirements.

(a) A forest landowner, timber owner, or operator may propose for a particular activity a variation from a requirement imposed by this chapter or the regulations adopted under this chapter. If the state forester determines that the harm intended to be avoided by the requirement is not likely to occur because of site-specific circumstances relating to the particular activity and is not likely to cause significant harm to fish habitat or water quality, the state forester shall agree to the proposed variation. If the state forester does not agree to the proposed variation, a forest landowner, timber owner, or operator may appeal to the commissioner. The appellants shall conform to the requirement during the pendency of the appeal. (b) The commissioner shall adopt regulations that specify the standards under which a variation will be granted for harvesting timber within the riparian area of (1) a low gradient Type I-A water body with a width of five feet or less; and (2) other appropriate water body types. (c) A determination by the state forester under (a) of this section and regulations by the commissioner under (b) of this section shall give due deference under AS 41.17.098.
AK Stat § 41.17.098 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 1. Administration and Management.|Sec. 41.17.098. Interagency coordination and reevaluation.

(a) In administering this chapter, the commissioner shall coordinate with other agencies and affected coastal districts that have jurisdiction over activities subject to regulation under this chapter. (b) In a review or implementation of a detailed plan of operations under AS 41.17.090 and in a decision on a proposed variation from requirements under AS 41.17.087, the commissioner shall consider the comments of each affected state agency and, where applicable, coastal districts. (c) The commissioner shall give due deference to the Department of Environmental Conservation in decisions concerning water quality. The commissioner of environmental conservation retains the authority to adopt nonpoint source pollution regulations for activities subject to this chapter to the extent that regulations are not adopted by the commissioner of natural resources and approved by the commissioner of environmental conservation under this chapter. The commissioner of environmental conservation may withdraw approval of regulations adopted by the commissioner of natural resources under this chapter by following the procedure for the adoption, amendment, and repeal of regulations under AS 44.62.180 - 44.62.290. (d) The commissioner shall recognize the expertise of the Department of Fish and Game with regard to fish and wildlife habitat. On private land, the commissioner shall give due deference to the Department of Fish and Game regarding effects on fish habitat from timber operations including variations to riparian standards, designation of alternative site-specific riparian protection plans, and road location decisions within riparian areas. On public land, the commissioner shall give due deference to the Department of Fish and Game regarding effects on fish and wildlife habitat from timber operations including timber harvest in riparian areas, variations to riparian standards, and road location decisions within riparian areas. In making decisions under AS 41.17.087, the commissioner shall recognize fish habitat as the primary value in riparian areas. (e) In this section, “due deference” means that deference that is appropriate in the context of the agency's expertise and area of responsibility and all the evidence available to support a factual assertion. Where due deference is given, if the commissioner does not agree with a commenting agency, the commissioner shall prepare a written statement of the reasons for the disagreement. (f) If a disagreement described in (e) of this section exists, an officer of an agency may require reevaluation of the disagreement at a higher level within the agencies, or by the governor if necessary, before a decision is made by the commissioner.
AK Stat § 41.17.100 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 1. Administration and Management.|Sec. 41.17.100. Deployment of broadcast chemicals.

The commissioner of environmental conservation, in consultation with the commissioner, shall formulate necessary plans and measures to ensure that application of broadcast chemicals and other substances foreign to the state's forest ecosystem do not lead to results contrary to the objectives and provisions of this chapter and other applicable laws and regulations relating to renewable resources. Regulations adopted by the commissioner of environmental conservation may include requirements for advance testing, posting of security, written reports, and other matters.
AK Stat § 41.17.110 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 1. Administration and Management.|Sec. 41.17.110. Conversion of forest land to other uses.

An intention to convert forest land to other uses after timber harvesting may be stated in the notification submitted under AS 41.17.090. In that event, reforestation requirements adopted under this chapter do not apply, except that conversion shall be completed during the time set by regulation for minimum reforestation of the land, and other requirements for revegetation may be imposed to the extent permitted by law. If the commissioner finds at any time that the responsible party has failed to conform to the intent to convert as stated in the notification, the commissioner shall revoke approval of the conversion and require full compliance with reforestation requirements.
AK Stat § 41.17.115 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 2. Riparian Management.|Sec. 41.17.115. Management of riparian areas; regulations.

(a) The commissioner shall protect riparian areas from the significant adverse effects of timber harvest activities on fish habitat and water quality. The management intent for riparian areas is the adequate preservation of fish habitat by maintaining a short- and long-term source of large woody debris, stream bank stability, channel morphology, water temperatures, stream flows, water quality, adequate nutrient cycling, food sources, clean spawning gravels, and sunlight. (b) The commissioner shall adopt regulations for the protection of riparian areas; the regulations may include higher standards of protection for fish and other public resources on land managed by the department than on other public land or private land. The regulations may vary by region of the state and must take into consideration reasonable classification of water bodies and the economic feasibility of timber operations.
AK Stat § 41.17.119 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 2. Riparian Management.|Sec. 41.17.119. Minimum riparian standards for other public land.

The riparian standards for other public land are as follows: (1) in Region I, harvest of timber may not be undertaken within 100 feet of an anadromous or high value resident fish water body; (2) in Region II, the standards are the same as for state land under AS 41.17.118(a)(2)(A) - (F) and regulations adopted under this chapter; (3) in Region III, the standards are the same as for state land under AS 41.17.118(a)(3) and regulations adopted under this chapter.
AK Stat § 41.17.120 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 3. Enforcement.|Sec. 41.17.120. Inspections and investigations.

The commissioner may inspect and investigate forest land and activities on it and may enter upon it in conjunction with any operations as necessary to ensure compliance with applicable regulations and requirements and to otherwise enforce the provisions of this chapter. Other state agencies have this same authority to the extent necessary to enforce their own laws and regulations on forest land. Those agencies and the commissioner shall coordinate their actions under this section.
AK Stat § 41.17.125 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 3. Enforcement.|Sec. 41.17.125. Enforcement coordination.

All state agencies with enforcement authority over an activity subject to regulation under this chapter shall establish a uniform enforcement strategy that avoids duplication and inconsistencies. All participating agencies shall agree to and comply with the contents of the uniform strategy. In developing and implementing the uniform strategy, each state agency retains its authority to determine the appropriate remedies under the statutes and regulations it administers.
AK Stat § 41.17.131 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 3. Enforcement.|Sec. 41.17.131. Penalties for violations.

(a) An operator, forest landowner, or timber owner who violates or permits a violation of this chapter, a regulation adopted under this chapter, a directive issued under AS 41.17.136, or a stop work order issued under AS 41.17.138 is liable, after notice and hearing, for a civil fine in an amount not to exceed $10,000 to be assessed by the commissioner. In determining the amount of civil fine, the commissioner shall consider (1) the character and degree of injury to forest resources and values; (2) the degree of intent or negligence of the respondent in causing or permitting the violation; (3) the character and number of past violations caused or permitted by the respondent; and (4) if the information is available, the net economic savings realized by the respondent through the violation. (b) An operator, forest landowner, or timber owner that, with criminal negligence, violates or permits a violation of this chapter, a regulation adopted under this chapter, a directive issued under AS 41.17.136, or a stop work order issued under AS 41.17.138 is guilty of a class A misdemeanor. In this subsection, “criminal negligence” has the meaning given in AS 11.81.900(a). (c) Each day that a violation described in this section occurs is a separate violation. (d) If a respondent violates a directive issued under AS 41.17.136 or a stop work order issued under AS 41.17.138, the attorney general, at the request of the commissioner, may seek an injunction requiring the respondent to suspend all or part of the operations until the respondent complies with the directive or stop work order, and requiring the respondent to repair or correct damage resulting from the violation. (e) If a respondent violates a directive issued under AS 41.17.136 that requires the respondent to repair or correct damage, the commissioner may proceed to repair or correct the damage using state agency employees or contractors and the respondent is liable for the cost of the repair. The commissioner shall deliver to the respondent an itemized statement of expenses incurred.
AK Stat § 41.17.136 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 3. Enforcement.|Sec. 41.17.136. Directives.

(a) Upon a determination that a planned or ongoing activity violates or would violate this chapter or a regulation adopted under it, the state forester shall notify the respondent in writing and direct the respondent to halt or avoid the violation or to repair or correct any damage resulting from the violation. The written notification must include a summary of the basis for the directive. (b) The respondent may either comply with the directive or request a hearing under AS 41.17.139 within 15 days of receipt of the notification. If a hearing is requested, the respondent may continue with the activity unless the state forester issues a stop work order under AS 41.17.138. If the directive is affirmed by the hearing officer, the respondent shall cease the activity unless a stay is issued under AS 41.17.143(c) or by the superior court.
AK Stat § 41.17.138 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 3. Enforcement.|Sec. 41.17.138. Stop work orders.

(a) Upon a determination that a violation of this chapter or a regulation adopted under it is occurring or is likely to occur and that significant harm to public resources is likely to occur if work is not halted before a hearing can be held, the state forester may issue a stop work order requiring the respondent to stop the violation or otherwise halt the threatened harm. A stop work order must be in writing and must state the facts on which it is based. (b) The state forester shall immediately refer the matter to a hearing officer for determination of the validity of the stop work order under AS 41.17.139. The hearing officer shall consider any arguments and evidence presented by the respondent within five workdays after receipt of the stop work order and shall then make an immediate decision sustaining or reversing the stop work order. The stop work order is of no further effect if it is not sustained by the hearing officer within the five-workday period. A stop work order may be sustained only upon the same grounds on which it was originally issued.
AK Stat § 41.17.139 (2021)
2021 Alaska Statutes|Title 41. Public Resources|Chapter 17. Forest Resources and Practices|Article 3. Enforcement.|Sec. 41.17.139. Hearing procedures.

(a) Unless otherwise specified, proceedings under AS 41.17.131 - 41.17.139 are not subject to AS 44.62 (Administrative Procedure Act). A hearing under AS 41.17.136 or 41.17.138 shall be held before the state forester, a regional forester, or another employee of the division with similar qualifications acting as a hearing officer. A hearing on an appeal under AS 41.17.087 and a hearing under AS 41.17.082(b) shall be held before the commissioner or the commissioner's designee. A person who has assisted in the preparation of the division's case is ineligible. Hearings are not limited by common law, statutory, or judicial rules of evidence; however, the hearing officer may admit only that evidence that appears to be reliable and trustworthy. All hearings shall be open to the public. Written or oral testimony may be submitted. A party to a hearing may make written or oral argument, secure the issuance of a subpoena under AS 44.62.430, offer testimony or other evidence, and cross-examine witnesses. The hearing officer shall endeavor, in conducting any hearing, to ensure that the respondent understands the proceedings and that the facts supporting the position of each party have been adequately presented.  (b) If the respondent notifies the commissioner within five days before the hearing provided for in (a) of this section, the following rules and procedures apply to the hearing: (1) the hearing shall be a nonadversary proceeding, with the hearing officer fully and impartially representing the interests of the state and the respondent; (2) the hearing officer shall thoroughly investigate the facts and circumstances relating to the alleged violation, including taking testimony from appropriate persons, collecting and examining documents and other evidence, and performing other actions consistent with due process of law; and (3) the hearing officer shall issue a decision in accordance with the applicable procedures of (a) of this section. (c) The hearing officer shall select the location of the hearing, giving consideration to the convenience of the parties and witnesses. The hearing officer may permit witnesses to testify through teleconferencing.