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2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 3. Enforcement. › Sec. 41.17.143. Appeals and judicial review.

(a) A decision by a hearing officer under AS 41.17.136 or 41.17.138 or by the commissioner under AS 41.17.082(b), 41.17.087, or 41.17.131(a) constitutes final agency action that may be appealed to the superior court within 30 days after it is issued. Judicial review shall be as provided in AS 44.62.560 and 44.62.570.
(b) An operator, forest landowner, or timber owner may request the commissioner to reconsider the decision of a hearing officer within 30 days after it is issued. Reconsideration is not a precondition of judicial review under (a) of this section. If reconsideration is requested, the final agency action for purposes of judicial review is a decision by the commissioner to affirm, modify, or reverse the hearing officer or to deny the request for reconsideration.
(c) The commissioner may stay or modify a directive or order pending administrative or judicial review. A stay or modification may not be appealed separately from an appeal of the substantive decision.
(d) A person, except the aggrieved forest landowner, timber owner, or operator, may not maintain an administrative or judicial appeal, or other action or proceeding of any kind, challenging a decision or failure to act by the department with respect to the compliance of a timber operation on private forest land with this chapter or a regulation, standard, directive, or order issued under this chapter. This subsection does not prohibit the maintenance of an action
(1) for an alleged violation of a constitutional right; or
(2) against the department regarding a regulation, standard, or systematic course of conduct that does not involve a challenge to, or attempt to enjoin, stay, modify, or otherwise affect a timber operation on private forest land subject to this chapter.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 4. State Forest System. › Sec. 41.17.200. State forest purposes and management.

(a) The purpose of AS 41.17.200 - 41.17.230 is to permit the establishment of designated state-owned or acquired land and water areas as state forests. The primary purpose in the establishment of state forests is timber management that provides for the production, utilization, and replenishment of timber resources while allowing other beneficial uses of public land and resources.
(b) In managing a state forest, the commissioner shall, consistent with the primary purpose of a state forest under (a) of this section, restrict the public use of the land and its resources, including timber, fish and wildlife, and minerals, only when necessary to carry out the purposes of this chapter.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 4. State Forest System. › Sec. 41.17.210. State forests.

(a) The governor may propose to the legislature the establishment of state forests consisting primarily of commercially valuable forest land determined by the governor to be necessary for retention in state ownership for management under the principles of multiple use and sustained yield and consistent with AS 38.04.005. The proposal of the governor must include a report and recommendations of the commissioner including
(1) a preliminary forest inventory;
(2) a summary of the testimony offered at public hearings held on the management of the proposed state forest in communities proximately located to a proposed state forest;
(3) [Repealed, § 16 ch 153 SLA 2003.]
(4) [Repealed, § 16 ch 153 SLA 2003.]
(5) an estimate of the cost of a full implementation of an operational level forest inventory and the management plan.
(b) A state forest established by the legislature shall be retained in state ownership.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 4. State Forest System. › Sec. 41.17.230. Management plans.

(a) The commissioner shall prepare a forest management plan consistent with AS 38.04.005 and this chapter for each state forest and for each unit of a state forest to assist in meeting the requirements of this chapter. An operational level forest inventory shall be completed before a forest management plan for the state forest or the unit of a state forest is adopted. The forest management plan shall be adopted, implemented, and maintained within three years of the establishment of a state forest by the legislature. To the extent they are found to be compatible with the primary purpose of state forests under AS 41.17.200, the forest management plan must consider and permit uses of forest land for nontimber purposes, including recreation, tourism, mining, mineral exploration, mineral leasing, material extraction, consumptive and nonconsumptive uses of wildlife and fish, grazing and other agricultural activities, and other traditional uses. If the commissioner finds that a permitted use is incompatible with one or more other uses in a portion of a state forest, the commissioner shall affirmatively state in the management plan that finding of incompatibility for the specific area where the incompatibility is anticipated to exist and the time period when the incompatibility is anticipated to exist together with the reasons and benefits for each finding.
(b) The commissioner shall review and revise a forest management plan when necessary.
(c) A management plan may not be adopted or revised after the establishment of the state forest without prior review by the Board of Forestry and by other appropriate state agencies or without prior public hearings held in a community proximately located to the state forest or to a unit of a state forest.
(d) [Repealed, § 16 ch 153 SLA 2003.]
(e) [Repealed, § 34 ch 34 SLA 1990.]
(f) [Repealed, § 34 ch 34 SLA 1990.]
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 5. State Land Reforestation. › Sec. 41.17.300. State land reforestation fund.

A state land reforestation fund is established in the department. The money in the state land reforestation fund may be used only for the reforestation of state land, including site preparation, seed and seedling acquisition and cultivation, planting, and other reforestation measures, timber stand improvement, and the development of materials and techniques for the reforestation of state land.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 5. State Land Reforestation. › Sec. 41.17.310. Appropriations to state land reforestation fund.

(a) The state land reforestation fund consists of money appropriated by the legislature and contributions from private donors. It is the intent of the legislature that the appropriations made to the fund equal no less than 25 percent of the revenues from the sale of timber and other forest products from state land as well as the total revenues from
(1) compensation for loss or damage to land within a state forest; and
(2) the federal government and other governmental units for reforestation.
(b) Money appropriated to or paid into the state land reforestation fund does not lapse.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 5. State Land Reforestation. › Sec. 41.17.320. Report.

The commissioner shall prepare an annual report on the uses of the money in the state land reforestation fund, the proposed uses of the fund in the following fiscal year, and the balance in the fund. The commissioner shall notify the legislature within the first 10 days of each session of the legislature that the report is available.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 7. General Provisions. › Sec. 41.17.900. Applicability of chapter; relationship to other law.

(a) Unless otherwise specified, this chapter applies to forest land under state, municipal, or private ownership.
(b) For federal land,
(1) the degree of resource protection may not be less than that established by this chapter for state land except that AS 41.17.119 establishes the minimum riparian standard;
(2) a timber harvest activity subject to this chapter shall satisfy the requirement to be consistent to the maximum extent practicable with the Alaska coastal zone management program if the federal land management plans, guidelines, and standards applicable to that timber harvest activity provide no less resource protection than the standards that are established in this chapter provide for state land except that
(A) AS 41.17.119 establishes the minimum riparian standards; and
(B) this paragraph does not apply to a timber harvest activity that requires a state or federal authorization under a provision of law other than this chapter.
(c) The commissioner shall exempt by regulation from the provisions of this chapter
(1) minor, small scale, or incidental commercial operations of little significance with respect to the purposes of this chapter; and
(2) operations for primarily noncommercial purposes, including but not limited to the harvesting of timber for personal use.
(d) Notwithstanding any other provision of this chapter, the commissioner may not employ the authority vested by this chapter so as to duplicate or preempt the statutory authority of other state agencies to adopt regulations or undertake other administrative actions governing resources, values, or activities on forest land except for regulations, if authorized by the commissioner of environmental conservation, relating to control of nonpoint source pollution.
(e) [Repealed, § 18 ch 31 SLA 2005.]
(f) This chapter does not diminish the rights, privileges, or immunities of Alaska Natives or Alaska Native corporations with respect to land conveyed under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act), and does not alter or diminish the authority of the Department of Fish and Game under AS 16, of the Department of Environmental Conservation under AS 46, or of a state agency under other law.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 7. General Provisions. › Sec. 41.17.910. Wildlife habitat on private land.

(a) The Department of Fish and Game and the commissioner shall work cooperatively with private forest landowners and timber owners to protect, maintain, and enhance wildlife habitat to the maximum extent practicable, consistent with the interests of the owners in the use of their timber resources.
(b) The Department of Fish and Game shall provide educational and technical assistance and extension services to owners of private forest land or timber to assist in identifying important wildlife habitat and to assist in designing voluntary management techniques that minimize adverse effects on wildlife habitat.
(c) The Department of Fish and Game and the landowner shall cooperate in identifying areas of important wildlife habitat on private forest land and in developing methods for their protection. Methods of protection for wildlife habitat may include, with the agreement of the landowner, the purchase of fee title, purchase of conservation easements, and land exchanges.
(d) This section does not alter or diminish the authority and responsibility of the state over wildlife on private land.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 1. Administration. › Sec. 41.21.010. Purpose.

It is the purpose of AS 41.21.010 - 41.21.040 to foster the growth and development of a system of parks and recreational facilities and opportunities in the state, for the general health, welfare, education, and enjoyment of its citizens and for the attraction of visitors to the state.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 1. Administration. › Sec. 41.21.022. Discharge of firearms.

The discharge of firearms during lawful hunting, trapping, and fishing is permitted within the boundaries of: (1) Caines Head State Recreation Area; (2) Chena River State Recreation Area; (3) Chugach State Park; (4) Denali State Park; (5) Kachemak Bay State Park; (6) Kachemak Bay State Wilderness Park; (7) Marine Parks established in AS 41.21.300 - 41.21.306; (8) Quartz Lake State Recreation Area; and (9) Wood-Tikchik State Park, except that all or part of a state park, marine park, wildlife preserve, or recreation area may be closed to the discharge of firearms by regulations adopted by the department for purposes of public safety or, with the concurrence of the Board of Game, for limited areas of Chugach State Park for public display of local wildlife under AS 41.21.121.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 1. Administration. › Sec. 41.21.024. Easements and rights-of-way for access to private land.

The department may grant a public easement or public right-of-way within a state park unit for access to private property if the commissioner determines that the easement or right-of-way
(1) will not unduly affect park resources; and
(2) is in the public interest.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 1. Administration. › Sec. 41.21.025. Zoning of private land within state parks.

(a) The department may adopt, under AS 44.62 (Administrative Procedure Act), zoning regulations governing private property within the boundaries of state parks established under this chapter.
(b) Land patented to or under interim conveyance to a regional or village Native corporation under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) that falls within a state park boundary is subject to the zoning regulations provided for under (a) of this section only if the affected regional or village Native corporation consents to or fails to reject the zoning regulations within 60 days from the date they are submitted to the affected corporation.
(c) Uses existing on June 25, 1976, are not affected by zoning regulations adopted after June 25, 1976.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 1. Administration. › Sec. 41.21.028. Definitions.

In AS 41.21.026 - 41.21.028,
(1) “ordinary use” means a use that is not generally associated with developed facilities, including fishing, hunting, walking, swimming in a natural body of water, picnicking, or automobile parking associated with another ordinary use;
(2) “park unit” means a unit of the state park system.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 1. Administration. › Sec. 41.21.030. Disposition of funds.

(a) All money received from the operation of parks and recreational facilities, including money from concessions, rentals, or donations, shall be deposited in the general fund of the state.
(b) [Repealed, § 28 ch 90 SLA 1991.]
(c) In (a) of this section, “money from concessions” means, for a concession contract under AS 41.21.027, the consideration received by the state from the contract.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 1. Administration. › Sec. 41.21.040. Division within department.

The commissioner may establish within the department a separate division to perform the functions relative to parks and recreational facilities specified in AS 41.21.010 - 41.21.040 and related or additional functions as are otherwise assigned to the department by law.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 2. State Parks. › Sec. 41.21.110. Purpose of AS 41.21.110 - 41.21.113.

The purpose of AS 41.21.110 - 41.21.113 is to empower the governor to restrict state-owned land and water described in AS 41.21.111 to use as a state park. Under AS 38.05.300, state land, water, or land and water containing more than 640 acres may be closed to multiple purpose use only by act of the legislature. Because the area described in AS 41.21.111 exceeds 640 acres, AS 41.21.110 - 41.21.113 are intended to provide for the closing of the described land and water to multiple purpose use in conformity with AS 38.05.300 and its subsequent designation as a special purpose site in accordance with art. VIII, § 7, of the Constitution of the State of Alaska.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 2. State Parks. › Sec. 41.21.112. Incompatible uses.

The commissioner shall designate by regulation incompatible uses within the boundaries of the Chilkat State Park in accordance with AS 41.21.110, and those incompatible uses designated shall be prohibited or restricted, as provided by regulation. Nothing in this section affects the rights and uses of water and facilities of the city of Haines located within the boundaries of this area.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 2. State Parks. › Sec. 41.21.120. Purpose of AS 41.21.120 - 41.21.125.

The purpose of AS 41.21.120 - 41.21.125 is to restrict state-owned land and water described in AS 41.21.121 to use as a state park. Under AS 38.05.300, state land, water, or land and water containing more than 640 acres may be closed to multiple purpose use only by act of the legislature. Because the area described in AS 41.21.121 exceeds 640 acres, AS 41.21.120 - 41.21.125 are intended to provide for the closing of the described land and water to multiple purpose use in conformity with AS 38.05.300 and its subsequent designation as a special purpose site in accordance with art. VIII, § 7, of the Constitution of the State of Alaska.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 2. State Parks. › Sec. 41.21.122. Management responsibility.

The state land and water described in AS 41.21.121 as the Chugach State Park is assigned to the department for control, development and maintenance, except that the Department of Transportation and Public Facilities is responsible for the repair and maintenance of all existing public roads within the park. The control of highway access and roadside structures within the Chugach State Park is the responsibility of the department. The Department of Fish and Game shall cooperate with the department to provide for those purposes under AS 41.21.121 relevant to the duties of the Department of Fish and Game. If, in the exercise of management responsibility under this section, conflicts of land ownership, jurisdiction, or authority are unreconcilable or unmanageable other than at an unreasonable cost and expense to the state, the commissioner after public hearing in accordance with AS 44.62 may modify, subject to the approval of the legislature, the boundaries of the Chugach State Park not to exceed 20 percent of the total acreage described in AS 41.21.121.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 2. State Parks. › Sec. 41.21.123. Incompatible uses.

(a) The commissioner shall designate by regulation, adopted in accordance with AS 44.62 (Administrative Procedure Act), incompatible uses within the boundaries of the Chugach State Park in accordance with AS 41.21.120 - 41.21.125, and those incompatible uses designated are prohibited or restricted as provided by regulation.
(b) In adopting regulations under this section and in complying with AS 44.62.210, the commissioner shall provide the opportunity for the oral presentation of statements, arguments or contentions.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 2. State Parks. › Sec. 41.21.130. Purpose of AS 41.21.130 - 41.21.142.

The purpose of AS 41.21.130 - 41.21.142 is to restrict state-owned land and water described in AS 41.21.131 to use as a state park. Under AS 38.05.300, state land, water, or land and water containing more than 640 acres may be closed to multiple purpose use only by act of the legislature. Because the area described in AS 41.21.131 exceeds 640 acres, AS 41.21.130 - 41.21.142 are intended to provide for the closing of the described land and water to multiple purpose use in conformity with AS 38.05.300 and its subsequent designation as a special purpose site in accordance with art. VIII, § 7, of the Constitution of the State of Alaska.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 2. State Parks. › Sec. 41.21.132. Incompatible uses.

The commissioner shall designate by regulation incompatible uses within the boundaries of the Kachemak Bay State Park in accordance with the requirements of AS 41.21.130 - 41.21.142, and those incompatible uses designated shall be prohibited or restricted, as provided by regulation.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 2. State Parks. › Sec. 41.21.134. Purchase authorized; eminent domain prohibited.

The commissioner may acquire, by purchase in the name of the state, title to or interest in real property lying within the boundaries of the Kachemak Bay State Park. The state may not acquire by eminent domain privately owned land for inclusion in the Kachemak Bay State Park.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 2. State Parks. › Sec. 41.21.140. Kachemak Bay State Wilderness Park established.

(a) The presently state-owned land and water, and all that acquired in the future by the state, lying within the parcels described in this section are designated as the Kachemak Bay State Wilderness Park. In order to protect and preserve this land and water for its unique and exceptional wilderness value, the park is established and shall be managed as a wilderness park. The land and water lying within the following described parcels is reserved from all uses incompatible with its primary function as a wilderness park and is assigned to the department for control and maintenance:
(1) Township 8 South, Range 11 West, Seward Meridian
Section 9: S1/2
Section 10: S1/2
Section 11: S1/2
Section 12: S1/2
Sections 13 - 16
Sections 19 - 36;
(2) Township 9 South, Range 10 West, Seward Meridian
Sections 1 - 3;
(3) Township 9 South, Range 12 West, Seward Meridian
Section 7
Section 8: S1/2 and NW1/4
Section 13: S1/2
Section 14: S1/2
Sections 15 - 36;
(4) Township 9 South, Range 13 West, Seward Meridian
Section 11: NE1/4
Sections 12 - 13;
(5) Township 10 South, Range 9 West, Seward Meridian
Sections 5 - 7;
(6) Township 10 South, Range 10 West, Seward Meridian;
(7) Township 10 South, Range 11 West, Seward Meridian;
(8) Township 10 South, Range 12 West, Seward Meridian;
(9) Township 11 South, Range 10 West, Seward Meridian;
(10) Township 11 South, Range 11 West, Seward Meridian;
(11) Township 11 South, Range 12 West, Seward Meridian
Sections 1 - 10
Section 11: W1/2 and E1/2
Sections 12 - 17
Sections 21 - 24.
(b) The following public domain land shall be selected by the state, and classified as wilderness park land and designated as part of Kachemak Bay State Park immediately upon receipt of management authority by the state:
(1) Township 8 South, Range 10 West, Seward Meridian
Sections 4 - 5
Section 7: S1/2
Sections 8 - 9
Sections 16 - 21
Sections 28 - 33;
(2) Township 9 South, Range 10 West, Seward Meridian: W1/2;
(3) Township 9 South, Range 11 West, Seward Meridian.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 2. State Parks. › Sec. 41.21.141. Certain land excepted.

Land lying within the parcels described in AS 41.21.140 upon which there are valid entries or upon which there are valid applications for leases filed under AS 38.05 before March 9, 1972, or that is withdrawn for or selected by Native village or regional corporations under 43 U.S.C. 1610, 1611, and 1613 (P.L. 92-203, §§ 11, 12, and 14 of the Alaska Native Claims Settlement Act), is excepted from AS 41.21.140. However, if any land excepted under this subsection is subsequently relinquished to the state, it shall be included as part of Kachemak Bay State Wilderness Park.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 2. State Parks. › Sec. 41.21.142. Stream rehabilitation permitted.

Nothing in AS 41.21.140 - 41.21.142 prohibits the Department of Fish and Game from engaging in stream rehabilitation enhancement and development under AS 16.05.092 on land lying within the parcels described in AS 41.21.140.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 2. State Parks. › Sec. 41.21.150. Purpose of AS 41.21.150 - 41.21.153.

The purpose of AS 41.21.150 - 41.21.153 is to restrict state-owned land and water described in AS 41.21.151, except as provided in AS 41.21.153, to use as a state park. Under AS 38.05.300, state land, water, or land and water containing more than 640 acres may be closed to multiple use only by act of the legislature. Because the area described in AS 41.21.151 exceeds 640 acres, AS 41.21.150 - 41.21.153 are intended to provide for the closing of the land and water described in AS 41.21.151, as that description is modified by AS 41.21.153, to multiple use in conformity with AS 38.05.300 and its designation as a special purpose area in accord with art. VIII, sec. 7 of the Constitution of the State of Alaska.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 2. State Parks. › Sec. 41.21.151. Denali State Park established.

The state-owned land and water and that acquired in the future by the state lying within the parcels described in this section are designated as the Denali State Park. This land and water is reserved from all uses incompatible with its primary function as park area. Land covered by AS 41.21.150 - 41.21.152 is that within the following described parcels:
(1) Township 29N Range 6W, Range 5W, and that portion of Range 4W lying north and west of the Alaska Railroad right-of-way; Township 30N Range 5W and that portion of Range 3W and 4W lying north and west of the Alaska Railroad right-of-way; Township 31N Range 5W, Range 4W and that portion of Range 3W and Range 2W lying north and west of the Alaska Railroad right-of-way; Township 32N Range 4W, Range 3W and that portion of Range 2W lying north and west of the Alaska Railroad right-of-way; and Township 33N Range 4W, Range 3W and that portion of Range 2W lying west of the Alaska Railroad right-of-way, all in the Seward Meridian;
(2) Township 29N, Range 7W; Sections 1-27 and 34-36, Township 29N, Range 8W; containing approximately 42,240 acres, all in the Seward Meridian.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 2. State Parks. › Sec. 41.21.160. Purpose of AS 41.21.160 - 41.21.167.

The purpose of AS 41.21.160 - 41.21.167 is to establish the state-owned land and water areas described in AS 41.21.161 as the Wood-Tikchik State Park. The primary purposes of creating the Wood-Tikchik State Park are to protect the area's fish and wildlife breeding and support systems and to preserve the continued use of the area for subsistence and recreational activities. The state park is also created to protect the area's recreational and scenic resources. AS 41.21.160 - 41.21.167 are intended to close the described land and water to multiple-purpose use in conformity with AS 38.05.300 and to dedicate it as a special purpose site in accordance with art. VIII, § 7 of the Constitution of the State of Alaska.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 21. Parks and Recreational Facilities › Article 2. State Parks. › Sec. 41.21.162. Designation of management responsibility.

The land and water described in AS 41.21.161 is assigned to the department for control, maintenance, and development consistent with the purposes and provisions of this chapter. The Department of Fish and Game is responsible for the management of fish and game resources in the Wood-Tikchik State Park, consistent with the purposes and provisions of this chapter.