Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 1 - Introductory and Notification Provisions › 11 AAC 95.240 - Variation from requirements in areas adjoining a small streamside zone in Region I

Current through May 31, 2024
(a) Under
				  AS
				  41.17.087(b), the department
				  grants a general variation for activities, including timber harvest, in small
				  streamside zones on private land in Region I. A small streamside zone is a
				  riparian area adjacent to a Type I-A water body with a width of six and
				  one-half feet or less as determined by actual measurement between the ordinary
				  high water marks.
(b) The general
				  variation granted in (a) of this section is in addition to any site-specific
				  variation available under
				  AS
				  41.17.087(a) and
				  11 AAC 95.235.
(c) If the state forester determines a
				  general streamside zone variation under this section is likely to cause
				  significant harm to fish habitat or water quality due to site specific
				  conditions, a general variation is not available. A landowner may request a
				  site specific variation under
				  AS
				  41.17.087(a) and
				  11 AAC 95.235. When making a
				  decision under this section, the state forester will give due deference to the
				  Department of Fish and Game and Department of Environmental Conservation in
				  accordance with
				  AS
				  41.17.098.
(d) The following standards shall apply in a
				  small streamside zone in Region I:
(1) an
				  operator may not fell a tree that stands within 25 feet of the stream as
				  measured from the ordinary high water mark;
(2) in the area between 25 feet and 66 feet
				  of the ordinary high water marks of the stream, the operator may harvest up to
(A) 25 percent of all standing qualifying
				  trees; and
(B) 25 percent of all
				  downed qualifying trees within the riparian retention area adjacent to the
				  stream; for land east of the most westerly point of Cape Suckling, the total
				  number of qualifying trees includes all timber with a diameter of 12 inches DBH
				  or more; for land west of the most westerly point of Cape Suckling, the total
				  number of qualifying trees includes all timber with a diameter of eight inches
				  DBH or more; the landowner requesting a variation under this section shall
				  calculate the number of qualifying trees using the following method, and
				  provide this information to the state forester:
(i) Step 1. over the reach from which
				  variation trees are requested to be removed, identify and count all qualifying
				  standing trees, and as a separate count, all qualifying downed trees, between
				  the ordinary high water mark (OHWM) and 66 feet from the OHWM. For land each of
				  the most westerly point of Cape Suckling, qualifying trees are 8 inches DBH or
				  greater; when calculating qualifying trees, each streambank is considered a
				  separate reach;
(ii) Step 2.
				  multiply the number of qualifying trees in Step 1 by 0.25 for each category for
				  example, standing trees as compared to downed trees;
(iii) Step 3. within the defined reach, up to
				  the number of trees calculated in step 2 may be felled, killed, or harvested;
				  trees that are felled, killed, or harvested must by qualifying trees and must
				  be more than 25 feet from the OHWM;
(3) when choosing a tree to harvest or retain
				  under this subsection, preference should be given to retaining a tree that
(A) has the dominant crown on the streamside
				  of the tree and is a primary source of shade to the stream;
(B) is on the windward side of the prevailing
				  wind throw pattern and closest to the stream; and
(C) leans toward the stream channel and is a
				  likely source of woody debris;
(4) felling, bucking, and yarding must comply
				  with the following standards:
(A) a tree must
				  be directionally felled away from a Type I-A water body; however, if
				  directional felling cannot be accomplished, and topography or safety
				  requirements indicate a need to fell across a Type I-A water body, that felling
				  and yarding must be conducted in a manner that minimizes sedimentation of the
				  water body and disturbance of the riparian area; felling and bucking must also
				  be accomplished in accordance with
				  11 AAC 95.355(a);
(B) for cable yarding systems in which the
				  leading edge of the log is not suspended, the leading edge of the log must
				  extend outside the riparian area in accordance with
				  11 AAC 95.360;
(C) where site-specific conditions require,
				  and where consistent with safety standards, jacking and pulling of a standing
				  tree must be used to prevent felling a tree into the stream or damaging
				  retained timber;
(5) the
				  tracks or wheels of a skidder, logging shovel, or other piece of heavy
				  equipment may not be operated within 33 feet of the streambank in accordance
				  with 11 AAC 95.365;
(6) tree removal must be done in a way that
				  minimizes damage to retained trees and understory vegetation within the
				  riparian zone;
(7) use of a
				  tailhold, corner block, or lift tree must be done in accordance with
				  11 AAC 95.275.