Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 1 - Introductory and Notification Provisions › 11 AAC 95.185 - Purpose and relationship to other laws

Current through May 31, 2024
(a) This chapter
				  implements and interprets AS 41.17 (Forest Resources and Practices). For land
				  outside riparian areas, the purpose of this chapter is to provide protection of
				  important public resources, maintain an economically viable timber industry,
				  prevent or minimize significant adverse effects of soil erosion and mass
				  wasting on water quality and fish habitat, and ensure reforestation to the
				  fullest extent practical, taking into account the economic feasibility of
				  timber operations. For riparian areas, the purpose of this chapter is to
				  protect these areas from significant adverse effects of timber harvest
				  activities on fish habitat and water quality, taking into account the economic
				  feasibility of timber operations.
(b) For all lands, the operations recognized
				  under this chapter shall be conducted in a manner that does not cause or
				  constitute a substantial factor in causing a degradation of water
				  quality.
(c) The best management
				  practices identified in this chapter for operations conducted under this
				  chapter are the sole enforcement mechanism for violations of water quality
				  standards. Data collected under
				  11 AAC 95.825 will be used to
				  revise the best management practices as necessary to attain and maintain water
				  quality standards.
(d) Nothing in
				  this chapter affects the applicability of
				  18 AAC 70.015 or precludes the
				  Department of Environmental Conservation from granting a variance from the
				  antidegradation requirements of
				  18 AAC 70.010(c)
				  and the water quality criteria of
				  18 AAC 70.020(b)
				  for a project in accordance with the requirements of
				  18 AAC 70.015. A Department of
				  Environmental Conservation variance does not relieve a forest manager, forest
				  landowner, timber owner, or operator from meeting the requirements of (b) of
				  this section or any other provision of this chapter.
(e) For state managed lands, the purpose of
				  this chapter is also to ensure that forest land is administered for the
				  multiple use of all resources and to ensure the sustained yield of renewable
				  resources. This purpose is achieved through the provisions of this chapter in
				  conjunction with AS 38 and appropriate land use plans.
(f) The purposes of this chapter are achieved
				  by establishing measurable forestry standards, and providing the capability to
				  tailor those standards to particular field conditions.
(g) Repealed 12/27/2012.
(h) The regulations adopted in this chapter,
				  as approved by the Department of Environmental Conservation, establish the
				  review, riparian, monitoring, and field operation standards that, in
				  conjunction with additional non-regulatory forestry components of the
				  Department of Environmental Conservation's federally approved nonpoint source
				  pollution control program under the
				  33 U.S.C.
				  1329 (Clean Water Act, sec. 319), as amended
				  February 4, 1987, constitute the nonpoint source pollution control requirements
				  for activities recognized in this chapter.
The processing and habitat standards referred to in
						11 AAC 95.185(g)
						currently appear in
						6 AAC 80.100 -
						6 AAC 80.130.
Authority:
AS
						41.17.010
AS 41.17.055
AS 41.17.080
AS 41.17.098
AS 41.17.115
AS
						41.17.900