reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 8 - Administrative Basin-wide Adjudication › 11 AAC 93.430 - Federal reserved water rights claims

Current through May 31, 2024
(a) A claim by the
				  federal government or other person claiming federal reserved water rights
				  within the adjudication area must be filed in writing with the
				  commissioner.
(b) A claim to
				  federal reserved water rights must contain the following information:
(1) the name of the agency, person, or agent
				  representing the person making the claim, and the representative's phone number
				  and address;
(2) the claimed
				  priority date;
(3) the claimed
				  primary purpose of the federal reserved water right;
(4) a list of statutes, proclamations,
				  orders, or other documents establishing the federal withdrawal or reservation
				  of land;
(5) the amount of water
				  claimed and data supporting the quantification of the claim;
(6) the daily duration and months of the year
				  during which water is claimed;
(7)
				  the water source, including name if possible;
(8) the most detailed USGS topographic map
				  available for the area showing the location and the legal descriptions for the
				  points of water withdrawal, diversion, or impoundment and water use, or river
				  reach for instream use, including meridian, township, range, section, and
				  aliquot parts;
(9) all documents
				  that establish each land withdrawal or reservation and support the claimed
				  priority date, claimed primary purpose, and quantities;
(10) well logs, aquifer test data, and well
				  construction data for diversions from ground water sources; and
(11) any available water use data.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 8 - Administrative Basin-wide Adjudication › 11 AAC 93.440 - Commissioner's orders

Current through May 31, 2024
In performing the adjudication under this chapter, the
					 commissioner will, in his or her discretion, issue further orders as necessary,
					 including
(1) designating an impartial
				  qualified person as a master to preside over the adjudication;
(2) establishing hearing times and
				  places;
(3) establishing
				  appropriate rules of evidence and procedures for use in connection with a
				  hearing.
Authority:
AS
						46.15.020
AS
						46.15.165
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 9 - Critical Water Management Areas › 11 AAC 93.500 - Initiating designation proceedings

Current through May 31, 2024
The commissioner will, in his or her discretion, initiate
					 proceedings to designate a particular geographic or hydrologic area, including
					 surface and ground water, as a critical water management area if
(1) the commissioner determines that there is
				  or might be an imminent water shortage in the area, for all or part of the
				  year, affecting a substantial number of permittees or certificate holders of
				  record so that their ability to reasonably acquire water has been or will be
				  affected by existing or potential overappropriation, drought, saltwater
				  intrusion, or a chemical or toxic contamination rendering the water source
				  unusable;
(2) an agency or
				  political subdivision of the state, or an agency of the United States,
				  petitions for the designation of the area as a critical water management area
				  and demonstrates that a condition in (1) of this section exists; or
(3) 25 percent or more of the permittees and
				  certificate holders of record in a geographic or hydrologic area petition for
				  the designation of a critical water management area and demonstrate that at
				  least one condition in (1) of this section exists.
Authority:
AS
						46.15.010
AS
						46.15.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 9 - Critical Water Management Areas › 11 AAC 93.510 - Public notice and hearing

Current through May 31, 2024
Before the commissioner designates a geographic or
					 hydrologic area as a critical water management area, or revokes or amends a
					 designation, the department will
(1)
				  publish a notice of the proposed designation, revocation, or amendment in a
				  newspaper of general circulation in the area affected once a week for four
				  consecutive weeks, soliciting public comment and announcing the date, time, and
				  place of a public hearing;
(2)
				  solicit comments on the proposed designation, revocation, or amendment by
				  certified mail, return receipt requested, from appropriators and property
				  owners of record within the area; affected federal, state, and local agencies,
				  including the Departments of Fish and Game and Environmental Conservation; and
				  any affected regional or village corporation; and
(3) hold a public hearing in the affected
				  area to take written and oral comments on the proposed designation, revocation,
				  or amendment; the department will accept additional written comments submitted
				  up to 30 days after the hearing date.
Authority:
AS
						46.15.010
AS
						46.15.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 9 - Critical Water Management Areas › 11 AAC 93.520 - Department order

Current through May 31, 2024
The decision to designate a geographic or hydrologic area
					 as a critical water management area, or revoke or amend a designation, will be
					 in writing, and will, as appropriate,
(1) state the reasons for the designation,
				  revocation, or amendment;
(2)
				  define the boundaries of the area or amendment;
(3) predict the likelihood of an imminent or
				  continued water shortage or contamination problem;
(4) state how additional appropriations would
				  affect the rights of permittees or certificate holders of record, or the public
				  interest under
				  AS
				  46.15.080; and
(5) state whether, after a specific date,
				  applications for water rights will be accepted or adjudicated.
Authority:
AS
						46.15.010
AS
						46.15.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 9 - Critical Water Management Areas › 11 AAC 93.530 - Effect of the order

Current through May 31, 2024
(a) Within 30 days after signing a department
				  order to designate a geographic or hydrologic area as a critical water
				  management area, or revoke or amend a designation, the commissioner will
				  announce the decision by publishing the order in a newspaper of general
				  circulation in the affected area once a week for four consecutive weeks. The
				  order will also be mailed to permittees or certificate holders of record and
				  property owners of record in the area; affected federal, state, and local
				  agencies, and affected regional and village corporations.
(b) After the commissioner takes action under
				  (a) of this section, the department may take the following actions:
(1) restrict or deny the acceptance of
				  applications for new water appropriations or applications for additional
				  quantities for existing appropriators of record, until the order is amended or
				  revoked;
(2) seek voluntary
				  agreement among permittees and certificate holders to limit the quantity of
				  their water use on an equitably apportioned basis during all or part of the
				  year;
(3) fix a time limit for
				  accepting new applications for water rights for existing water uses;
(4) designate all water uses as
				  significant;
(5) require notice of
				  all applications;
(6) require
				  conservation measures;
(7) take any
				  other actions necessary to fully inform the public of the order; or
(8) enforce actions under
				  11 AAC 93.280,
				  11 AAC 93.290,
				  AS
				  46.15.255, and
				  AS
				  46.15.256.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 9 - Critical Water Management Areas › 11 AAC 93.540 - Appeals

Current through May 31, 2024
An eligible person affected by a decision under
					 11 AAC 93.520 -
					 11 AAC 93.530 may appeal that
					 decision as provided in 11 AAC 02.
Authority:
AS
						46.15.010
AS 46.15.020
AS 46.15.185
AS
						44.37.011
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 10 - General Provisions › 11 AAC 93.910 - Change of address

Current through May 31, 2024
(a) All water right applicants, permit
				  holders, and certificate holders shall promptly notify the commissioner of any
				  change of ownership or mailing address. Failure by an applicant or permit
				  holder to comply with this requirement is sufficient cause for discontinuance
				  of the water appropriation procedure under
				  11 AAC 93.040 -
				  11 AAC 93.260 and closure of the
				  case file.
(b) Correspondence and
				  notification sent under provisions of this chapter will be sent to the last
				  address on file with the commissioner.
Authority:
AS
						46.15.010
AS
						46.15.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 10 - General Provisions › 11 AAC 93.920 - Exemptions

Current through May 31, 2024
(a) repealed 8/20/2004.
(b) The use of seawater or the emergency use
				  of water for protection of life or property, is exempt from the provisions of
				  this chapter unless the department determines that the use should be regulated
				  in the public interest.
Authority:
AS
						46.15.010
AS 46.15.020
AS
						46.15.180
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 10 - General Provisions › 11 AAC 93.940 - Procedure on abandonment and forfeiture

Current through May 31, 2024
(a) Except as
				  provided in (f) of this section, if the commissioner has reason to believe that
				  all or part of an appropriation has been abandoned or forfeited, the
				  certificate holder will be notified that the commissioner intends to revoke the
				  certificate for nonuse, to the extent of the nonuse. The revocation notice will
				  be sent by certified mail, return receipt requested, to the last known address
				  on record with the department.
(b)
				  If the certificate holder desires to retain the appropriation, the certificate
				  holder must file an objection within 30 days after receipt of the revocation
				  notice. The certificate holder has 60 days after the date the objection is
				  filed to submit proof that the appropriation has been neither abandoned nor
				  forfeited. The proof must be in writing, and may include statements or
				  affidavits, sworn testimony of witnesses, documents, and other relevant
				  evidence. The commissioner will, in his or her discretion, hold a hearing in
				  order to gather additional information, evidence, or testimony on the proposed
				  revocation.
(c) If the proof
				  substantiates that the appropriation has not been abandoned or forfeited, the
				  commissioner will rescind the revocation notice. The holder will be notified of
				  the decision by certified mail.
(d)
				  If the proof does not substantiate that the appropriation has been neither
				  abandoned nor forfeited, the commissioner will declare the appropriation
				  abandoned or forfeited and revoke the certificate in whole or in part depending
				  on the extent of nonuse. The commissioner will record the decision, and any
				  amended certificate, in the appropriate recording office. In addition, the
				  commissioner will, in his discretion, secure a court order for the removal of
				  the works of appropriation.
(e) If
				  necessary, the commissioner will, in his or her discretion, require a record of
				  use to be submitted on a specified regular basis.
(f) If a certificate holder voluntarily
				  relinquishes his or her water right by submitting a notice of relinquishment or
				  a signed, notarized letter stating that all or part of the water right is being
				  relinquished and stating the amount being relinquished, the notice requirement
				  under (a) does not apply and the water right will be considered abandoned. The
				  certificate will be revoked in whole or in part, and a copy of the revocation
				  decision will be sent to the certificate holder. Any amended certificate will
				  be recorded by the commissioner in the appropriate recorder's office.
Authority:
AS
						46.15.020
AS 46.15.140
AS 46.15.145
AS
						46.15.160
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 10 - General Provisions › 11 AAC 93.950 - Recording of instruments

Current through May 31, 2024
The department will, at the certificate holder's expense,
					 record certificates issued under this chapter in the appropriate recorder's
					 office.
Authority:
AS
						46.15.020
AS 46.15.160
AS
						46.15.170
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 10 - General Provisions › 11 AAC 93.960 - Disclaimer of liability

Current through May 31, 2024
The State of Alaska and the department, its agents, and
					 employees are not liable for any claims arising out of activities conducted
					 under a permit or certificate issued under this chapter, brought by the holder
					 or owner of it or any third party. Neither this chapter nor any permit or
					 certificate issued under it is intended as a waiver of sovereign immunity or of
					 the state's immunity under the 11th amendment to the United States
					 Constitution.
Authority:
AS
						46.15.010
AS
						46.15.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 94 - Trapping Cabin Construction Permits › 11 AAC 94.010 - Application for permit

Current through May 31, 2024
(a) Application for a trapping cabin
				construction permit must be made on a form provided by the division and must
				include the following:
(1) a declaration that
				each of up to three cabins is needed for the applicant's operation of an
				established trapline;
(2) evidence
				that the applicant has a current, valid state trapping license;
(3) evidence of the applicant's regular use
				of the established trapline, such as tax returns or fur receipts showing
				previous income derived from trapping, or official records of the Department of
				Fish and Game, or signed statements by witnesses or officers of the Department
				of Fish and Game or the division of fish and wildlife protection of the
				Department of Public Safety;
(4)
				identification of the established trapline and each cabin site on a United
				States Geologic Survey Map, 1:63360 scale or its equivalent;
(5) an agreement by the applicant to assume
				full responsibility for forest fire protection, the cabin structure and area
				within 150 feet of it, and full liability for any damages resulting from his
				negligence; and
(6) the notarized
				signature of the applicant.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 94 - Trapping Cabin Construction Permits › 11 AAC 94.020 - Cabin location

Current through May 31, 2024
No application will be accepted
(1) for the construction of trapping cabins
				on state land which is scheduled or nominated for subdivision disposal by the
				department;
(2) for the use of an
				existing cabin on general grant land which is not vacant, unappropriated, or
				unreserved; or
(3) for cabins which
				are within two miles of an existing trapping cabin or site unless a physical
				barrier such as a mountain range or a major river separates the two sites, or
				within 10 miles of a road ordinarily useable by automobiles during the trapping
				season.
Authority:
AS
					 38.95.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 94 - Trapping Cabin Construction Permits › 11 AAC 94.220 - Seasonal use and license requirement

Current through May 31, 2024
Each cabin must be used at least during alternating trapping
				  seasons by the permittee. The permittee must possess a valid trapping license
				  every year.
Authority:
AS
					 38.95.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 94 - Trapping Cabin Construction Permits › 11 AAC 94.240 - Permit transferability

Current through May 31, 2024
A cabin permit is not transferable. All interests in the
				  cabin and cabin site revert to the state when the permit is terminated for any
				  reason.
Authority:
AS
					 38.95.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 94 - Trapping Cabin Construction Permits › 11 AAC 94.250 - Number and size of structures

Current through May 31, 2024
On each cabin site no other structure except a single cabin,
				  worksheds, caches, and outbuildings may be erected. All structures must be
				  within a 150-foot radius of the cabin. The floorspace of the cabin may not
				  exceed 400 square feet and the combined size of all outstructures may not
				  exceed 192 square feet.
Authority:
AS
					 38.95.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 94 - Trapping Cabin Construction Permits › 11 AAC 94.260 - Waste disposal

Current through May 31, 2024
Where and when practicable, all garbage and waste must be
				  burned or incinerated and the inert residues and other noncombustibles buried
				  and covered with at least one foot of compacted soil; and putrescible wastes,
				  such as food wastes or animal carcasses, that are not incinerated shall be
				  buried or covered with at least four feet of compacted soil. All garbage or
				  waste that cannot be burned or buried shall be packed out to a site where it
				  can be burned or buried satisfactorily. The cabin and surrounding area must be
				  kept clean, tidy, and litter free.
Authority:
AS
					 38.95.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 94 - Trapping Cabin Construction Permits › 11 AAC 94.310 - Renewal of permit

Current through May 31, 2024
A trapping cabin permit is valid for 10 years and will be
				  renewed each 10 years if all conditions of the permit are met and the cabin or
				  the use of the cabin does not conflict with other land uses planned by the
				  division. A permit which is not renewed terminates.
Authority:
AS
					 38.95.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 94 - Trapping Cabin Construction Permits › 11 AAC 94.320 - Violation of regulations

Current through May 31, 2024
Any violation of a regulation in this chapter by the
				  permittee will, in the director's discretion, be considered cause for
				  cancellation of the trapping cabin permit and forfeiture of the cabin and
				  structures, and the filing and permit fees.
Authority:
AS
					 38.95.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 94 - Trapping Cabin Construction Permits › 11 AAC 94.330 - Optional removal of cabin

Current through May 31, 2024
If a cabin and related structures are not removed by permit
				  holder from a cabin site within 90 days after termination of a permit, the
				  cabin and structures shall become the property of the
				  division.
Authority:
AS
					 38.95.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 94 - Trapping Cabin Construction Permits › 11 AAC 94.410 - Definitions

Current through May 31, 2024
In this chapter
(1)
				"director" means the director of the division or his designee;
(2) "division" means the division of lands of
				the Department of Natural Resources;
(3) repealed 3/30/83.
Authority:
AS
					 38.95.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 1 - Introductory and Notification Provisions › 11 AAC 95.190 - Applicability

Current through May 31, 2024
(a) The provisions of this chapter apply to
				  an operation on state land, other public land, or private forest land if all of
				  the following criteria are met:
(1) the
				  operation is on forest land as defined in
				  AS
				  41.17.950;
(2) the operation involves any of the
				  following activities:
(A) harvesting,
				  including felling, bucking, yarding, decking, hauling, log dumping, log
				  transfer, log rafting, and related road construction, reconstruction,
				  improvement, or maintenance;
(B)
				  road construction or reconstruction, material source development, and,
				  maintenance of an existing road or bridge not within the operation area, but
				  connected with, the harvesting operation;
(C) site preparation;
(D) precommercial thinning;
(E) slash treatment; or
(F) any other activity leading to, or
				  connected with commercial timber harvest; and
(3) a commercial operation that intersects,
				  encompasses, or borders on surface waters or a riparian area, or that, for a
				  single landowner or operator, equals or exceeds in the aggregate the following
				  acreage:
(A) 10 acres in Region I;
(B) 40 acres in Region II; or
(C) 40 acres in Region III for landowners who
				  own more than 160 acres in total; if a landowner has a total ownership of 160
				  acres or less, then an operation on any of that 160 acres or less is not a
				  commercial forest operation.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 1 - Introductory and Notification Provisions › 11 AAC 95.195 - Clearing of spruce trees

Current through May 31, 2024
(a) Notwithstanding
				  the provisions of
				  11 AAC 95.190, in order to
				  minimize the spread of destructive forest insects and reduce the risk of
				  wildfire, a landowner in Region II or III shall perform, unless notified by the
				  division, one or more of the practices identified in (b) of this section within
				  one year of clearing spruce trees, other than black spruce. A landowner in
				  Region I must perform one or more of the practices identified in (b) of this
				  section if notified by the division.
(b) The following practices may be performed
				  to comply with (a) of this section:
(1) spruce
				  trees or limbs greater than five inches in diameter may be disposed of by
				  manufacturing into cants, lumber, houselogs, chips, or firewood;
(2) spruce trees or limbs greater than five
				  inches in diameter may be disposed of by burning, subject to applicable
				  regulations;
(3) downed and removed
				  spruce trees or limbs greater than five inches in diameter may be treated or
				  stored in an appropriate manner, if they are not burned, manufactured, or
				  otherwise used in a way that will prevent the spread of bark beetles;
(4) spruce limbs greater than five inches in
				  diameter may be dried by uniform scattering in areas open to sunshine if they
				  are not burned or chemically treated.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 1 - Introductory and Notification Provisions › 11 AAC 95.200 - Land use conversion

Current through May 31, 2024
(a) The requirements of
				  11 AAC 95.260 -
				  11 AAC 95.390 do not apply if a
				  landowner intends to convert forest land to another use within five years after
				  timber harvest and the land is converted or in the process of conversion within
				  five years.
(b) If, five years
				  after timber harvest, the land is not converted or actively in the process of
				  conversion, a landowner shall meet the reforestation requirements of
				  11 AAC 95.375 -
				  11 AAC 95.390 within three
				  years.
(c) If, as part of a land
				  use conversion, a landowner intends to begin a commercial forest operation
				  subject to
				  11 AAC 95.190, the following
				  notification provisions apply:
(1) if the land
				  use conversion is within a borough or municipality and the borough or
				  municipality has granted a plat approval, a building permit, or other
				  authorization for that specific land use, the operator is not required to
				  notify the division; zoning of the land does not constitute an
				  authorization;
(2) if the land
				  conversion has not been authorized by a borough or municipality, the landowner
				  shall notify the division before beginning the operation.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 1 - Introductory and Notification Provisions › 11 AAC 95.210 - Voluntary plan of operations

Current through May 31, 2024
(a) If a forest
				  landowner, timber owner, or operator provides a voluntary plan of operations
				  under AS
				  41.17.090 describing long term plans for
				  timber harvesting, the division will, within 10 days after receipt of the plan,
				  distribute a copy of the voluntary plan of operations to each agency. The
				  division will distribute summary information to persons on the mailing list
				  established under
				  11 AAC 95.225(a).
(b) In addition to the distribution under (a)
				  of this section, within 60 days after a voluntary plan of operations has been
				  filed, the division will review the voluntary plan of operations and provide a
				  written response to the forest landowner, timber owner, or operator. The
				  division will not consider any comments received more than 45 days after the
				  date of filing of the voluntary plan of operations. The division response to a
				  voluntary plan of operations will identify areas of concern, provide local
				  knowledge, and early notice of potential problems, including any conflicts with
				  AS 41.17 and this chapter. The specificity of the division response will depend
				  upon the quality and type of information supplied by the forest landowner,
				  timber owner, or operator. The division will send a copy of all comments to the
				  forest landowner, timber owner, or operator.
Authority:
AS
						41.17.010
AS 41.17.055
AS 41.17.080
AS
						41.17.090
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 1 - Introductory and Notification Provisions › 11 AAC 95.225 - Review of a detailed plan of operations

Current through May 31, 2024
(a) A person
				  desiring to receive an operations summary submitted under
				  11 AAC 95.220(a) (16) for plans submitted during a calendar
				  year must file a written request with the division to be placed on the mailing
				  list for that calendar year. A mailing list expires at the end of the calendar
				  year. A person may inspect a complete detailed plan of operations during
				  regular business hours in the division office where the plan was
				  submitted.
(b) A detailed plan of
				  operation will be distributed in accordance with
				  AS
				  41.17.090(d). The state
				  forester will distribute a copy of the Detailed Plan of Operations Summary and
				  accompanying map provided by the operator to each person on the mailing list
				  established under (a) of this section.
(c) The state forester will consider agency
				  comments on a detailed plan of operations only if they are timely and directly
				  pertain to the compliance of the operation with applicable standards
				  established by AS 41.17 or this chapter.
(d) The state forester will provide a written
				  review of a detailed plan of operations consistent with the timeliness and
				  purposes of
				  AS
				  41.17.090(e) and (f). The
				  state forester need not consider any comments received more than 20 days after
				  the date of filing of a detailed plan of operations, or more than five days
				  after notice of an elevation under (e) of this section. The state forester will
				  forward copies of all comments to the forest landowner.
(e) If the state forester determines that an
				  agency recommendation will not be addressed in the state forester's written
				  response to the landowner, the state forester will first notify the commenting
				  agency. If, before the expiration of the review period under this chapter, an
				  agency requests that a disagreement be elevated to a higher level of authority
				  within the agency under
				  AS
				  41.17.098(f), the state
				  forester will notify the operator that the particular portion of the plan that
				  is the subject of the disagreement may not begin until the 41st day after the
				  plan was filed, or until the state forester renders a decision, whichever
				  occurs first. A request for an elevation must be in writing, and must set out
				  the factual basis for the need to elevate the disagreement. A request for an
				  elevation, and the department's response, must be promptly served on the
				  operator. The operator will be allowed to participate at every step in the
				  elevation process.
Authority:
AS
						41.17.010
AS 41.17.055
AS 41.17.080
AS 41.17.090
AS 41.17.098
AS
						41.17.143
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 1 - Introductory and Notification Provisions › 11 AAC 95.230 - Change in operations

Current through May 31, 2024
(a) An operator shall notify the state
				  forester of a change in operations from those described in the finalized
				  detailed plan of operations that is likely to cause significant adverse impact
				  to fish habitat or surface water quality. Changes in operations that require
				  agency review include:
(1) a new or
				  reconstructed bridge, road segment, or material disposal site that crosses
				  surface waters, abuts a riparian area; or is on unstable soils;
(2) a new or modified activity in a riparian
				  area; or
(3) the ten acres or more
				  increase of a cutting unit.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 1 - Introductory and Notification Provisions › 11 AAC 95.235 - Variation procedures

Current through May 31, 2024
(a) In accordance with
				  AS
				  41.17.098, the state forester will either
				  process a request for a variation under
				  AS
				  41.17.087 at the same time that the detailed
				  plan of operations is reviewed, using the procedures set out in
				  11 AAC 95.220 and
				  11 AAC 95.225, or will process a
				  request for variation as a change in operations using the procedures set out in
				  11 AAC 95.230.
(b) When requesting a variation under this
				  section, an operator shall list any additional practices or measures that will
				  be used.
(c) The state forester
				  will, in the state forester's discretion, grant a variation if the variation is
				  needed to conduct a scientific experiment designed to further the knowledge of
				  appropriate forest management and that evaluates the effectiveness of various
				  forest practices in achieving the objectives of AS 41.17. On or before February
				  1 of each year, the state forester will prepare and transmit to the Board of
				  Forestry an annual report of all variations applied for under this section
				  within the previous calendar year and the action taken on each
				  application.
(d) In evaluating a
				  request for a variation to harvest timber in a riparian retention area under
				  AS
				  41.17.087(a), the state
				  forester will consider the impact of the harvest on non-merchantable trees
				  within the riparian retention area, and will, in the state forester's
				  discretion, condition and document the variation authorization in order to
				  protect non-merchantable trees that are important to maintain fish habitat and
				  water quality.
(e) In evaluating a
				  request for a variation to reforestation stocking distribution standards under
				  11 AAC 95.375(d)(5), the state forester will
				  consider non-stackable areas and long-term and short-term site
				  conditions.
Authority:
AS
						41.17.010
AS 41.17.055
AS 41.17.080
AS 41.17.087
AS
						41.17.098
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 1 - Introductory and Notification Provisions › 11 AAC 95.245 - Inspections

Current through May 31, 2024
(a) For the purposes of
				  AS
				  41.17.120, the division shall coordinate
				  agency inspections under this chapter. An agency may request that the division
				  schedule an inspection or the division may initiate an inspection. If
				  requested, the division shall schedule the inspection, or deny the agency's
				  request and provide a response to the agency stating the reasons for denying
				  the request. An agency disagreement concerning whether to schedule an
				  inspection under this section is subject to elevation under
				  AS
				  41.17.098(f).
(b) If the state forester requires a field
				  inspection under
				  AS
				  41.17.090(f), an operator
				  shall inform the division when the site will be available for an inspection. To
				  be available for an inspection, a site must be accessible by mechanized means
				  to within one mile of the activity or proposed activity and, except for a
				  winter logging operation, the site must be free of significant snow cover. For
				  a winter logging operation the feature to be inspected must be locatable or be
				  adequately marked.
(c) The division
				  shall make every reasonable effort to notify the operator's representative of a
				  pending inspection at least five days in advance of the inspection and to give
				  the operator the opportunity to accompany state personnel during the
				  inspection.
(d) A written forest
				  operation inspection report shall be prepared by the forest practices forester
				  after each inspection and must be distributed to the operator, forest
				  landowner, timber owner, and agencies. The forest practices forester may
				  provide the report to the operator before leaving the site.
Authority:
AS
						41.17.010
AS 41.17.055
AS 41.17.080
AS 41.17.098
AS 41.17.120
AS
						44.17.010
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 1 - Introductory and Notification Provisions › 11 AAC 95.250 - Hearings

Current through May 31, 2024
The department will make an electronic recording of all
					 hearings conducted under
					 AS
					 41.17.131,
					 41.17.136,
					 41.17.138, and
					 41.17.139.
Authority:
AS
						41.17.010
AS 41.17.055
AS 41.17.080
AS
						41.17.139
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 1 - Introductory and Notification Provisions › 11 AAC 95.255 - Corrective action

Current through May 31, 2024
On private forest land, state forest land, and other public
					 land as defined in
					 AS
					 41.17.950, if an operation is resulting, or
					 is likely to result, in a degradation of water quality, notwithstanding
					 compliance with the best management practices established in this chapter, the
					 state forester, with due deference to the Department of Environmental
					 Conservation, will direct the operator, forest landowner, or timber owner to
					 correct the degradation through the use of a directive or stop work order as
					 provided for under
					 AS
					 41.17.136 and
					 41.17.138. Failure to comply with
					 a directive or stop work order issued under this section shall subject the
					 violator to a penalty under
					 AS
					 41.17.131.
Authority:
AS
						41.17.010
AS 41.17.055
AS 41.17.080
AS
						41.17.098
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 2 - Riparian Standards › 11 AAC 95.260 - Riparian standards

Current through May 31, 2024
(a) Riparian standards that apply to private
				  land are set out in
				  AS
				  41.17.116.
(b) On state land managed by the department,
				  or on other public land as defined in
				  AS
				  41.17.950, a timber harvest operation within
				  180 feet of a non-glacial Type II-C water body where the riparian retention
				  area under
				  AS
				  41.17.118 or
				  41.17.119 is not forested shall be
				  designed to retain forest cover necessary to maintain stream temperature. For a
				  harvest on state land managed by the department, the state forester will
				  determine, during review of the forest land use plan adopted under
				  AS
				  38.05.112, what forest cover is necessary to
				  maintain stream temperature. For a harvest on other public land, the state
				  forester will determine, during review of the detailed plan of operations,
				  whether the forest cover proposed for retention is sufficient to maintain
				  stream temperature. In making a determination under this section, the state
				  forester will give due deference to the Department of Fish and Game.
(c) A timber harvest operation on state land
				  managed by the department must follow
(1) the
				  riparian standard set out in
				  AS
				  41.17.118(a); and
(2) applicable standards and guidelines of
				  land use plans or forest management plans adopted under
				  AS
				  38.04.065,
				  AS
				  38.05.112, or
				  AS
				  41.17.230.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 2 - Riparian Standards › 11 AAC 95.265 - Classification of surface water bodies

Current through May 31, 2024
(a) Classification
				  of surface water bodies by an operator or by an agency must be made according
				  to the following criteria:
(1) on private land
				  in Region I, classification of surface waters into Type I-A, I-B, I-C, or I-D
				  must be made in accordance with
				  AS
				  41.17.950(31) - (34) using
				  the procedures established in this section; any surface waters that do not meet
				  the criteria set out in
				  AS
				  41.17.950(31) - (34) do not
				  have a riparian area, within the meaning given the term in
				  AS
				  41.17.950, but are subject to surface water
				  quality protection best management practices in accordance with this
				  chapter;
(2) on private land in
				  Region II, classification of surface waters into Type II-A, II-B, II-C, or II-D
				  must be made in accordance with
				  AS
				  41.17.950(35) - (38) using
				  the procedures established in this section; any surface waters that do not meet
				  the criteria set out in
				  AS
				  41.17.950(35) - (38) do not
				  have a riparian area, within the meaning given the term in
				  AS
				  41.17.950, but are subject to surface water
				  quality protection best management practices in accordance with this
				  chapter;
(3) on private land in
				  Region III, classification of surface waters into Type III-A, III-B, or III-C
				  must be made in accordance with
				  AS
				  41.17.950(39) - (41) using
				  the procedures established in this section; any surface waters that do not meet
				  the criteria set out in
				  AS
				  41.17.950(39) - (41) do not
				  have a riparian area, within the meaning given the term in
				  AS
				  41.17.950, but are subject to surface water
				  quality protection best management practices in accordance with this
				  chapter;
(4) on other public land
				  and on state land managed by the department in Region I, classification of
				  surface waters must indicate whether the surface waters are anadromous or
				  contain high value resident fish under
				  AS
				  41.17.950;
(5) on other public land and on state land
				  managed by the department in Regions II and III, classification of surface
				  waters into Type II-A, II-B, II-C, II-D, III-A, III-B, or III-C must be made in
				  accordance with
				  AS
				  41.17.950(35) -
				  (41).
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 2 - Riparian Standards › 11 AAC 95.270 - Designation and marking of a riparian retention area

Current through May 31, 2024
(a) Where timber
				  retention is required and where the required riparian retention area abuts or
				  is within a harvest unit, an operator shall mark the limits of the riparian
				  retention area before harvest begins. On private land in Region I, marking of
				  riparian areas along Type I-C and I-D water bodies is not required.
(b) The following standards apply for marking
				  a riparian retention area that abuts or is within a harvest unit:
(1) each marking must be visible from
				  adjacent markings;
(2) marking must
				  be by flagging, painting, or another identification system.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 2 - Riparian Standards › 11 AAC 95.275 - Uses within a riparian area

Current through May 31, 2024
(a) The following
				  operations are allowed within a riparian area without the necessity of
				  obtaining a variation under
				  AS
				  41.17.087:
(1) road building and associated activities
				  performed in accordance with
				  11 AAC 95.285(b);
(2) a water body crossing built in accordance
				  with 11 AAC 95.300;
(3) felling and removal of hazardous trees
				  along roadways as required by state or federal law;
(4) locating material extraction sites in
				  braided, glacial floodplains in accordance with
				  11 AAC 95.325;
(5) installation of a block or similar device
				  on a tree required for retention under this chapter if the device is installed
				  to minimize damage to the tree;
(6)
				  the use, as lift trees or tail holds, of trees required for retention under
				  this chapter;
(7) the hanging of
				  rigging through the riparian area if necessary to be consistent with operator
				  safety requirements and to have a clear line of sight and working area for the
				  rigging;
(8) in the case of a
				  riparian area on land identified in
				  AS
				  41.17.118 and
				  41.17.119 only, yarding corridors
				  and other logging methods that do not cause a significant adverse impact to the
				  riparian habitat.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 2 - Riparian Standards › 11 AAC 95.280 - Slope stability standards

Current through May 31, 2024
(a) The slope
				  stability standards in this section apply to the following areas of private
				  land in Region I:
(1) the area within 100 feet
				  of an ordinary high water mark of a Type I-A, I-B, or I-C water body or to the
				  break of the slope to that water body, whichever occurs first;
(2) the area within 50 feet of an ordinary
				  high water mark of a Type I-D water body or to the break of the slope,
				  whichever occurs first.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 3 - Road Construction › 11 AAC 95.285 - Road location

Current through May 31, 2024
(a) This subsection sets out the general
				  standards for determining the location of a new road. An operator shall
(1) minimize the amount of road
				  construction;
(2) avoid isolating a
				  patch of timber that may require unnecessary additional road
				  construction;
(3) where feasible,
				  use an existing road;
(4) where
				  feasible, locate a road to fit the topography and to minimize alterations to
				  natural features;
(5) where
				  feasible, locate all-season roads and associated activities to avoid marshes or
				  non-forested muskegs;
(6) minimize
				  the number of stream crossings;
(7)
				  where feasible, cross a stream at a right angle to the stream
				  channel;
(8) where feasible, locate
				  a road away from or upstream of a meander bend or a recently abandoned channel;
				  and
(9) where feasible, avoid
				  crossing deep gullies where fine textured soils such as clay or ash soils
				  exist.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 3 - Road Construction › 11 AAC 95.290 - Road construction

Current through May 31, 2024
(a) When constructing a forest road on a
				  slope, an operator, where feasible, shall avoid locating a road on a slope
				  greater than 67 percent or on an unstable slope. If avoiding that slope is not
				  feasible, site-specific measures must be planned to address slope instability
				  due to road construction. The measures must be approved by the division and
				  must meet the requirements of (b) of this section.
(b) If constructing a road on a slope greater
				  than 67 percent or on an unstable slope is necessary, an operator
(1) may not bury any of the following
				  material except as puncheon across swampy ground or for culvert protection:
(A) a log chunk of more than five cubic feet
				  in volume or a loose stump, in the load-bearing portion of a road;
(B) any significant amount of organic debris
				  within the load-bearing portion of a road;
(C) excessive accumulation of debris or slash
				  in the load-bearing portion of a road fill;