reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 3 - Road Construction › 11 AAC 95.295 - Road drainage

Current through May 31, 2024
(a) This section sets out the drainage
				  standards that apply to a forest road.
(b) An operator shall minimize the erosion of
				  a road bed, cut bank, and fill slope through the use of cross drains, ditches,
				  relief culverts, bridges, water bars, diversion ditches, or other structures
				  demonstrated to be effective. These drainage structures shall be installed at
				  all natural drainages and must be spaced at least as frequently as set out in
				  the following table:
SPACING OF DRAINAGE STRUCTURES
(in feet)
PERCENT OF GRADEREGION IREGION II AND III 0 TO 2 Meet other
					 standards of this section 2 TO 71,0001,5008 TO 158001,000 OVER 15600800
More frequent drainage structure spacing or other drainage
					 improvements must be used where site-specific conditions of peak flows or soil
					 instability makes additional drainage structures necessary to prevent
					 degradation of standing or surface water quality. Less frequent drainage
					 spacing is permissible if the parent material of the roadway is not erodible,
					 such as rock or gravel; the topography or other local conditions are not
					 conducive to erosion; or the degradation of surface or standing waters is not
					 likely to occur.
(c) During
				  road construction, an operator shall install the appropriate ditches, culverts,
				  cross drains, drainage dips, water bars, and diversion ditches when the natural
				  drainage is crossed with the roadbed material.
(d) A road shall be outsloped or ditched on
				  the uphill side.
(e) In the event
				  an incomplete road is left over the winter season or other extended period, an
				  operator shall, before suspending operations, provide adequate interim drainage
				  by outsloping or cross draining the road, or by the use of water bars and
				  diversion ditches.
(f) An operator
				  shall to the extent feasible direct ditchline water away from unstable soils
				  and surface waters, and onto vegetated areas.
(g) To minimize sedimentation of standing and
				  surface waters, marshes, and non-forested muskegs caused by drainage from road
				  surfaces and ditches, an operator shall use measures such as settling basins,
				  cross drains, or vegetated areas.
(h) A relief culvert installed on a forest
				  road must be at least 12 inches in diameter or the equivalent capacity, and be
				  installed sloping toward the downslope edge of the road at a minimum gradient
				  of three percent.
(i) A cross
				  drain, relief culvert, or diversion ditch may not discharge onto erodible soil
				  or over fill slopes unless adequate outfall protection is provided and slope
				  stability is ensured.
(j) A
				  drainage structure must also comply with the directional and placement
				  requirements of
				  11 AAC 95.305.
Authority:
AS
						41.17.010
AS 41.17.055
AS
						41.17.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 3 - Road Construction › 11 AAC 95.300 - Bridge standards

Current through May 31, 2024
(a) An operator shall install a bridge on a
				  forest road according to the following standards:
(1) a temporary bridge and the adjacent
				  roadway must be constructed to pass or withstand the 25 year flood without
				  damage; a permanent bridge and the adjacent roadway must be constructed to pass
				  or withstand the 50 year flood without damage; any adjustment to these design
				  standards must be determined in the field considering the characteristics of
				  the drainage and stream crossing, the design life of the bridge, the importance
				  of downstream resources, the type of construction techniques, and the
				  likelihood of bridge failure during flood; an operator shall, as necessary,
				  minimize potential flood damage to the structure and to downstream water
				  quality and fish habitat by installing relief culverts through approach roads
				  or by other means;
(2) one end of
				  each new permanent log or wood bridge must be firmly anchored;
(3) an earth embankment constructed for use
				  as a bridge approach must be protected from erosion by using planted or seeded
				  ground cover, bulkheads, rock riprap, retaining walls, or other equally
				  effective means;
(4) on a
				  rock-decked bridge, curbs must be installed to contain road surface material,
				  and a filter fabric must be laid underneath the material to prevent it from
				  falling within the ordinary high water marks of the water body;
(5) a snow ramp or ice bridge must be
				  constructed only of snow, ice, and cribbing, and must be largely free of soil
				  and organic mat; it must be constructed to go out with natural ice breakup, or
				  it must be breached and the cribbing removed when feasible before breakup to
				  protect downstream structures, water quality, and fish habitat;
(6) a bridge must be installed to provide
				  fish passage in accordance with
				  AS
				  16.05.841;
(7) in deep V-notches or in drainages where a
				  culvert may require substantial fill, a bridge is the preferred crossing
				  structure, if feasible;
(8) a
				  bridge must be installed in such a way as to minimize disturbance to the bed
				  and banks of a stream.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 3 - Road Construction › 11 AAC 95.305 - Culverts and other water crossing provisions

Current through May 31, 2024
(a) An operator
				  shall install a culvert on a forest road according to the following standards:
(1) a temporary culvert and the adjacent
				  roadway must be constructed to pass or withstand the 25-year flood without
				  damage; a permanent culvert and the adjacent roadway must be constructed to
				  pass or withstand the 50-year flood without damage; any adjustment to these
				  design standards must be determined in the field considering the
				  characteristics of the drainage, the design life of the road, the importance of
				  downstream resources, the type of construction techniques, and the likelihood
				  of culvert or road failure;
(2) the
				  size of the culvert must be determined in accordance with hydrologic
				  engineering principles; a culvert may not be installed that is smaller than 12
				  inches in diameter or equivalent capacity; where culvert icing conditions are
				  to be expected, other drainage designs such as open flumes buried in the road
				  surface should be considered instead of culverts;
(3) for fish-bearing waters, the entrance, to
				  the extent possible, and exit of a stream culvert must match the natural course
				  of a stream channel; a culvert may not be perched at its inlet or
				  outlet;
(4) a culvert must
				  terminate on material that will not readily erode, such as riprap, the original
				  streambed if stable, or other suitable materials;
(5) a change may not be made in the course or
				  channel of anadromous fish waters catalogued under
				  AS
				  16.05.871 without giving notice to the
				  division and receiving written approval of the Department of Fish and Game; a
				  change may not be made in the course or channel of other waters that are
				  significant for protection of downstream water quality, without prior notice to
				  the division;
(6) when a flume,
				  downspout, downfall culvert, or similar structure is used to protect fill
				  slopes or to return water to its natural course, the discharge point shall be
				  protected from erosion by
(A) reducing the
				  velocity of the water;
(B) using
				  rock spillways, riprap, or splash plates; or
(C) using equally effective methods or
				  structures;
(7) for
				  nonfish-bearing waters, the area of a stream bed from a culvert inlet to 50
				  feet upstream from the culvert inlet must be cleared of mobile slash or debris
				  that may be expected to plug a culvert;
(8) to prevent or minimize sedimentation, the
				  entrance of a relief culvert must have adequate and appropriate catch basins,
				  consistent with physical features of the ground; a headwall must be used to
				  direct ditch water into cross drains;
(9) a culvert must be of sufficient length to
				  prevent road overlay materials from blocking an end of the culvert.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 3 - Road Construction › 11 AAC 95.315 - Road maintenance

Current through May 31, 2024
(a) For purposes of the road maintenance
				  requirements of this section, a landing is considered part of a road.
(b) An operator shall conduct the following
				  maintenance on an active road:
(1) keep
				  culverts, flumes, and ditches functional;
(2) if a settling basin is used, keep an
				  adequate reserve volume; sediment removed from a settling basin during
				  maintenance operations must be deposited in a location where it is not likely
				  to enter nearby surface waters;
(3)
				  perform road surface maintenance as necessary to minimize erosion of the
				  surface and the subgrade;
(4)
				  during operations, keep the road surface crowned or outsloped, and keep the
				  downhill side of the road free from berms except those intentionally
				  constructed for protection of fill;
(5) when grading on a nonrock-decked bridge,
				  minimize the deposit of road surface material on the bridge surface;
				  and
(6) when grading on a
				  rock-decked bridge, avoid pushing material over the rub rails or through gaps
				  in the bridge surface.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 3 - Road Construction › 11 AAC 95.320 - Road closure

Current through May 31, 2024
(a) For purposes of the road closure
				  requirements of this section, a landing is considered part of a road.
(b) A closed road is exempt from maintenance
				  under 11 AAC 95.315. Except as provided
				  in (f) of this section, a road is closed when the following activities have all
				  been completed:
(1) a road is outsloped or
				  water barred as directed by the division or is otherwise left in a condition
				  suitable to control erosion;
(2)
				  ditches are left in a condition suitable to reduce erosion;
(3) in areas accessible to highway vehicles,
				  the road is blocked so that a highway vehicle cannot pass the point of
				  blockage;
(4) bridges, culverts,
				  and fills are removed from surface waters, unless the division determines that
				  other measures would provide adequate protection; bridge, culvert, or fill
				  removal must be completed in accordance with (c) of this section.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 3 - Road Construction › 11 AAC 95.325 - Material extraction and disposal sites

Current through May 31, 2024
(a) If feasible, an
				  operator must verify that suitable material is present at a proposed extraction
				  site before stripping the entire site of surface soils. A material extraction
				  site must be located in an area
(1) that is
				  outside surface waters, standing waters, and marshes;
(2) that is outside non-forested muskegs,
				  except with prior notice to the division;
(3) with a low risk of siltation to surface
				  water;
(4) where the risk of
				  causing significant harm to fish habitat through soil erosion and mass wasting
				  is minimal;
(5) where there is
				  adequate and appropriate sediment filtering vegetation or equivalent
				  treatment;
(6) that is outside a
				  riparian area unless inside a riparian area is authorized by the division; a
				  material extraction site located in a braided, glacial flood plain may be
				  subject to AS 41.14; and
(7) that
				  will not cause hydrologic changes such as dewatering a stream.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 3 - Road Construction › 11 AAC 95.330 - Rehabilitation after mass wasting

Current through May 31, 2024
(a) Where mass
				  wasting is caused by operations, the operator shall, to the extent feasible,
				  take effective and appropriate measures to stabilize the slide path and all
				  associated exposed soils, such as grass seeding, erosion control mats,
				  excavation of the head wall to the angle of repose, placement of ballast to
				  control mass wasting, or other effective slope stabilization method.
(b) The division will, in its discretion,
				  require an operator to remove debris from surface waters impacted by mass
				  wasting, to the degree necessary to restore water quality or fish
				  habitat.
(c) Ditchline water must
				  be directed away from mass wasting and into vegetated areas.
Authority:
AS
						41.17.010
AS 41.17.055
AS
						41.17.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 3 - Road Construction › 11 AAC 95.335 - Blasting standards

Current through May 31, 2024
(a) A person may not discharge an explosive
				  in the following areas without first obtaining a variation under
				  11 AAC 95.235:
(1) Type I-A or Type I-B stream riparian
				  areas in Region I;
(2) within all
				  riparian areas in Region II or III.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 4 - Timber Harvesting › 11 AAC 95.340 - Harvest unit planning and design

Current through May 31, 2024
(a) A logging
				  system must be appropriate for the terrain, soils, and timber type so that
				  yarding or skidding can be accomplished in compliance with AS 41.17 and this
				  chapter.
(b) A harvest unit must be
				  designed so that felling, bucking, yarding, skidding, and reforestation can be
				  accomplished in compliance with AS 41.17 and this chapter.
(c) On state and municipal forest land, an
				  operator conducting timber harvest, road construction, or a related activity
				  shall, where feasible, retain a buffer of not less than 330 feet in radius
				  around each bald eagle nesting tree.
(d) On unstable slopes, an operator shall
				  consider one or more of the following:
(1)
				  partial cuts;
(2) retention
				  areas;
(3) use of helicopter or
				  skyline systems to achieve full suspension of logs;
(4) other techniques to minimize disturbance
				  to soils, understory vegetation, stumps, and root systems.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 4 - Timber Harvesting › 11 AAC 95.345 - Landing location, construction, and operation

Current through May 31, 2024
(a) A landing must
				  be located, constructed, and operated in a manner that
(1) avoids surface and standing waters,
				  except when frozen;
(2) minimizes
				  the use of marshes and non-forested muskegs, except when frozen;
(3) prevents logs and vegetative debris from
				  entering surface and standing waters; and
(4) minimizes the sedimentation of surface
				  and standing waters.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 4 - Timber Harvesting › 11 AAC 95.350 - Bank integrity

Current through May 31, 2024
(a) To maintain bank integrity, an operator
				  shall minimize disturbance of residual trees, brush, and similar understory
				  vegetation adjacent to surface and standing waters.
(b) An operator shall, where feasible, avoid
				  disturbing roots, stumps, and deadfalls embedded in the bed or bank of surface
				  waters, and standing waters larger than one-half acre.
(c) In a riparian area, an operator shall,
				  where feasible and necessary, leave high stumps to prevent felled and bucked
				  timber from entering surface waters.
(d) The division will, in its discretion,
				  require stabilization, to the extent feasible, of disturbed banks to prevent
				  soil erosion and degradation of water quality.
Authority:
AS
						41.17.010
AS 41.17.055
AS
						41.17.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 4 - Timber Harvesting › 11 AAC 95.355 - Felling and bucking

Current through May 31, 2024
(a) An operator may not fell a tree into or
				  remove a tree or vegetative debris from anadromous fish waters catalogued under
				  AS
				  16.05.871 without the prior written approval
				  of the Department of Fish and Game, or into or from other surface waters,
				  without giving prior notice to the division. A tree felled into surface waters
				  containing fish must provide fish passage in accordance with
				  AS
				  16.05.841.
(b) If a tree is felled into fish-bearing
				  surface waters not catalogued under
				  AS
				  16.05.871, the operator shall remove the
				  limbs and other small debris within 48 hours, and shall remove the bole as soon
				  as the necessary equipment is at the site.
(c) If a tree is felled into nonfish-bearing
				  surface or standing waters, the operator shall remove the tree and its debris
				  at the earliest feasible time, to the extent necessary to avoid degradation of
				  water quality.
(d) An operator may
				  not buck or limb a tree or any portion of a tree lying between the banks of
				  surface waters, except as necessary to remove the bole, limbs, or small debris
				  from the water as required by
				  11 AAC 95.290(e)
				  or this section.
(e) If feasible,
				  an operator
(1) may not fell a tree into a
				  riparian timber retention area; and
(2) shall fell a tree in a direction that
				  minimizes damage to trees retained in a partial cut.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 4 - Timber Harvesting › 11 AAC 95.360 - Cable yarding

Current through May 31, 2024
(a) During yarding, an operator shall keep a
				  log fully suspended above or yarded away from surface waters where feasible, in
				  light of the necessary equipment being reasonably available to the operator and
				  the importance of the surface water to fish habitat and water quality, unless
				  full suspension or split yarding would likely cause greater degradation of
				  surface water quality or impact to fish habitat than cross-stream
				  yarding.
(b) When full suspension
				  or split yarding is not used under (a) of this section, operations are subject
				  to the following standards:
(1) unless logs
				  are completely suspended above surface water, no timber may be yarded across
				  anadromous fish waters catalogued under
				  AS
				  16.05.871 without written approval from the
				  Department of Fish and Game; no timber may be cable yarded across other
				  anadromous or high value resident fish waters without prior notice to the
				  division;
(2) cable yarding across
				  surface waters must be conducted in a manner to avoid degrading water
				  quality;
(3) where any cross-stream
				  yarding occurs, an operator shall minimize damage to stream channels, stream
				  banks, retained trees, understory vegetation, stumps, and root systems by a
				  technique such as
(A) when 50 percent or more
				  of a tree that is to be yarded across a stream will bridge the stream and lie
				  on the side on which the yarder is located, the tree is directionally felled
				  across the stream at right angles to the stream channel;
(B) minimizing the number of yarding
				  corridors across streams;
(C) using
				  bumper logs to protect stream banks;
(4) yarding up, down or across a V-notch
				  channel must be accomplished in a manner that does not create significant
				  erosion; and
(5) consistent with
				  good safety practices, the direction of log movement between stream banks must
				  be as close to right angles to the stream channel as is feasible.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 4 - Timber Harvesting › 11 AAC 95.365 - Tracked and wheeled harvest systems

Current through May 31, 2024
(a) A person may
				  not skid timber or operate construction equipment or machinery
(1) in a water body catalogued as anadromous
				  under AS
				  16.05.871, without written approval of the
				  Department of Fish and Game;
(2) in
				  any other surface waters, marshes, or non-forested muskegs without prior notice
				  to the division, except that equipment may be operated on frozen surface
				  waters, marshes, or non-forested muskegs without prior notice to the division;
				  or
(3) on unstable slopes without
				  prior notice to the division.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 4 - Timber Harvesting › 11 AAC 95.370 - Slash

Current through May 31, 2024
(a) In an area where slash treatment is
				  necessary to prevent or reduce the spread of fire, an operator shall reduce the
				  concentration of slash by scattering, piling or windrowing, mechanized
				  chipping, compacting, burying, or controlled burning, or other method approved
				  by the division. Controlled burning requires approval from the Department of
				  Environmental Conservation under
				  18 AAC 50.030(e)
				  and may require a burning permit from the division.
(b) When slash is disposed of by burning, an
				  operator shall protect a riparian area from fire, and shall burn under weather
				  conditions that minimize the chance of air quality degradation and fire
				  escape.
(c) Unstable slash
				  concentrations around a landing must be disposed of or dispersed by the
				  operator to prevent entry into surface waters.
(d) Except where burning will be completed
				  before the next spring, an operator shall deposit slash in a location where it
				  is not likely to enter a stream.
(e) If operating within a potential or known
				  bark beetle infestation area, an operator shall include a spruce slash
				  reduction, isolation, or abatement plan in the detailed plan of
				  operations.
(f) The division will,
				  in its discretion, require the operator, timber owner, or landowner to submit a
				  treatment plan for felled timber or log decks left in the field for more than
				  one growing season in an area of potential bark beetle infestation.
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 5 - Reforestation › 11 AAC 95.375 - Reforestation requirement

Current through May 31, 2024
(a) The
				  reforestation plan included in the detailed plan of operations must identify
				  the preferred target species, regeneration technique, and site preparation
				  method that the landowner will use to accomplish the reforestation requirements
				  identified in this section.
(b) A
				  landowner shall reforest harvested forest land to the fullest extent
				  practicable unless
(1) the land will be
				  converted to another use in accordance with
				  11 AAC 95.200;
(2) the stand is significantly composed of
				  insect and disease-killed, fire - killed, wind - thrown, or fatally damaged
				  trees;
(3) in Region I, more than
				  50 percent of the original basal area of living trees remain after the first
				  entry and those trees are well distributed within the unit after harvest; or a
				  minimum of 160 vigorous, undamaged, well-distributed saplings or merchantable
				  trees per acre of a commercial species, or combination of commercial species,
				  remain on the area harvested; or
(4) in Region II or Region III, vigorous,
				  well-distributed residual commercial trees free from significant damage meet or
				  exceed the following standards, or a combination of trees and seedlings
				  approved by the division, meet the following standards:
Average DBH of Remaining
Stand - Inches
Minimum Stocking Standard
(in trees per acre)
Greater than or equal to 9
120
6 - 8
170
1 - 5
200
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 5 - Reforestation › 11 AAC 95.380 - Natural regeneration

Current through May 31, 2024
(a) If a forest landowner in Region II or III
				  intends to rely on natural regeneration from seed for reforestation, the forest
				  landowner shall ensure a seed source of well-formed, vigorous trees of
				  commercial tree species. The seed source must be capable of distributing an
				  adequate amount of seed throughout the harvest area to meet the reforestation
				  requirements set out in
				  11 AAC 95.375(d).
				  A forest landowner may not harvest the seed source identified for natural
				  regeneration until the division has received a regeneration report showing that
				  the harvest area has met the reforestation requirements set out in
				  11 AAC 95.375.
(b) If a forest landowner intends to rely on
				  vegetative reproduction for reforestation, the harvest area must contain aspen,
				  balsam poplar, western black cottonwood, red alder, or paper birch in
				  sufficient distribution and condition to meet the reforestation requirements
				  set out in
				  11 AAC 95.375.
Authority:
AS
						41.17.010
AS
						41.17.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 5 - Reforestation › 11 AAC 95.385 - Regeneration survey and report

Current through May 31, 2024
(a) A forest
				  landowner in Region II or III shall conduct a regeneration survey or provide
				  alternative documentation and shall file a regeneration report with the
				  division. A forest landowner in Region I shall file a regeneration report with
				  the division and, if requested by the division, conduct a regeneration survey.
				  A regeneration survey or alternative documentation must be conducted in a
				  manner acceptable to the division. In an area reforested by natural
				  regeneration, planting, or artificial seeding, a regeneration report shall be
				  submitted within
(1) five years after timber
				  harvest in Region I; a visual overview is acceptable in areas of obvious
				  reforestation, however, the division may require a regeneration survey if the
				  division determines the visual overview is inaccurate;
(2) seven years after the timber harvest in
				  Region II or III; if the period for natural regeneration is extended to 12
				  years under
				  11 AAC 95.375(d)(5), a regeneration report
				  shall be submitted
(A) within five years
				  after timber harvest to determine whether the reforestation requirements are
				  likely to be met; if the report shows deficiences in reforestation, the
				  division will direct the forest landowner to correct them; and
(B) within 12 yeras after the timber harvest
				  to document that the reforestation requirements have been met; if the report
				  shows deficiencies in reforestation, the division will direct the forest
				  landowner to correct them.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 5 - Reforestation › 11 AAC 95.390 - Site preparation

Current through May 31, 2024
If site preparation for reforestation is necessary, a
					 forest land owner
(1) shall
				  incorporate reasonable measures to protect residual trees intended to be
				  retained;
(2) shall avoid
				  degradation of surface water quality;
(3) may not cause significant harm to fish
				  habitat; and
(4) shall minimize the
				  use of heavy equipment where soil compaction or impacts to drainage will cause
				  degradation of site productivity.
Authority:
AS
						41.17.010
AS 41.17.055
AS
						41.17.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 6 - Forest Fire Protection › 11 AAC 95.400 - Purpose

Current through May 31, 2024
It is the purpose of 11 AAC 95.400-11 AAC 95.495 to provide for the protection of forested land
					 from fire.
Authority:
AS
						41.15.020
AS
						41.17.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 6 - Forest Fire Protection › 11 AAC 95.412 - Permit required

Current through May 31, 2024
(a) Except as provided in (d) of this
				  section, before engaging in burning activity a person must obtain a small scale
				  burn permit or a large scale burn permit during the fire season and at other
				  times designated by the commissioner under
				  AS
				  41.15.050.
(b) While engaged in burning activity, the
				  permittee must
(1) possess the permit at the
				  burn site; and
(2) display the
				  permit immediately upon request to
(A) an
				  authorized employee of the Division of Forestry;
(B) a peace officer; or
(C) a member of the focal fire
				  department.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 6 - Forest Fire Protection › 11 AAC 95.414 - Small Scale burn permits

Current through May 31, 2024
(a) A person must
				  obtain a small scale burn permit before burning
(1) in a burn barrel;
(2) up to one acre of mowed lawn less than
				  four inches in height; or
(3) a
				  pile of natural materials consisting of a total fuel area less than 10 feet in
				  diameter and less than four feet in height.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 6 - Forest Fire Protection › 11 AAC 95.416 - Large scale burn permits

Current through May 31, 2024
(a) A person must
				  obtain a large scale burn permit before burning that is larger or more complex
				  than the limits described in 11 AAC 95.414(a) and (d).
(b) A person must apply for a large scale
				  burn permit by visiting or calling a Division of Forestry area
				  office.
(c) The Division of
				  Forestry will establish the terms and conditions for a large scale burn permit.
				  The terms and conditions will include
(1)
				  construction of a firebreak and other safeguards;
(2) specifications for supervision of the
				  fire; and
(3) presence of
				  equipment, tools, and water to control and extinguish the fire.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 6 - Forest Fire Protection › 11 AAC 95.422 - Permit conditions

Current through May 31, 2024
(a) Small scale and large scale burning
				  permits will include the following minimum requirements:
(1) the period the permit is valid;
(2) the legal, physical, or street address of
				  the location where the burn will occur;
(3) the permittee's signature, before
				  burning, documenting
(A) the permittee's
				  understanding of the permit terms and conditions;
(B) the permittee's agreement to comply with
				  them; and
(C) acknowledgement of
				  any other terms or conditions determined necessary by an authorized employee of
				  the Division of Forestry.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 6 - Forest Fire Protection › 11 AAC 95.430 - Denial, suspension, or revocation of permit

Current through May 31, 2024
(a) A burn permit
				  may be denied, suspended, or revoked by an authorized employee of the Division
				  of Forestry if
(1) a permittee denies access
				  to an authorized employee of the Division of Forestry for the purpose of
				  inspecting the area and material to be burned or that is being burned;
				  or
(2) in the authorized employee's
				  discretion, denial, suspension, or revocation of the permit is necessary to
				  protect life or property.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 6 - Forest Fire Protection › 11 AAC 95.445 - Temporary burn suspension

Current through May 31, 2024
(a) During the fire
				  season, the commissioner may suspend all burn permits in an area when the
				  commissioner determines that high temperature, low humidity, wind, existing
				  fire activity, or any combination of these or other conditions increase the
				  fire danger.
(b) Burning conducted
				  under 11 AAC 95.412(d)(4) must comply with burn suspensions imposed by the
				  local government that issued the permit.
(c) A person may not burn when burn permits
				  are suspended.
Authority:
AS
						41.15.020
AS
						41.15.050
AS
						41.15.060
AS
						41.15.070
AS
						41.15.950
AS
						41.17.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 6 - Forest Fire Protection › 11 AAC 95.450 - Emergency burn closure

Current through May 31, 2024
(a) The commissioner may immediately close an
				  area to the setting of fires, smoking, use of specified approved burning
				  devices, entry, or other use on the land when the commissioner determines that
				  these activities would significantly increase the fire danger.
(b) An emergency burn closure applies to all
				  activities and on all state, municipal, and private land identified in the
				  closure, including burning conducted under 11 AAC 95.412(d)(4).
(c) A person may not conduct prohibited
				  activities during an emergency burn closure.
Authority:
AS
						41.15.020
AS
						41.15.050
AS
						41.15.950
AS
						41.17.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 6 - Forest Fire Protection › 11 AAC 95.460 - Public notice

Current through May 31, 2024
(a) The Division of Forestry will announce an
				  emergency burn closure by notice on the Division of Forestry's Internet
				  website, local radio, and local print media if any exist. Notice will specify
				  the area closed, the activities restricted, and the effective dates of
				  closure.
(b) The Division of
				  Forestry will announce temporary burn suspensions by notice on the Division of
				  Forestry's Internet website and by recorded telephone message at local Division
				  of Forestry offices. The announcement will specify the area closed and the
				  effective dates and time period of the suspension.
The Department of Natural Resources, Division of
						Forestry website is
https://dnr.alaska.gov/burn
Authority:
AS
						41.15.020
AS
						41.15.050
AS
						41.15.060
AS
						41.17.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 6 - Forest Fire Protection › 11 AAC 95.470 - Environmental control

Current through May 31, 2024
Any burning for which a permit is required under this
					 chapter must be conducted in the manner required by 18 AAC 50.65(b), (c), and
					 (d) 18 AAC 30, Air Quality Control Regulations.
Authority:
AS
						41.15.020
AS
						41.15.050
AS
						41.15.060
AS
						41.17.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 6 - Forest Fire Protection › 11 AAC 95.495 - Definitions related for forest fire protection

Current through May 31, 2024
In
					 11 AAC 95.400 - 11 AAC 95.495,
(1) "approved burning device"
				  means any propane, charcoal, or pellet grill; outdoor stove; fireplace;
				  incinerator; hydronic heater; or similar device that
(A) is of commercial or standard
				  manufacture;
(B) contains burning
				  material;
(C) is equipped with
				  safeguards to prevent escapement of fire, such as spark arrestors or other
				  devices; and
(D) is not a burn
				  barrel;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 7 - General Provisions › 11 AAC 95.805 - Computation of time

Current through May 31, 2024
In computing a period of time under AS 41.17 or this
					 chapter; the day of the act, event, or default from which the period of time
					 applies is not included in the computation. The last day of the period is
					 included, unless it is a Saturday, a Sunday, or a legal holiday in which case
					 the period of time runs until the end of the next day that is not a Saturday,
					 Sunday, or legal holiday. If the period of time under AS 41.17 or this chapter
					 is less than seven days, intermediate Saturdays, Sundays, and legal holidays
					 are excluded in the computation. A half holiday shall be considered as other
					 days and not a holiday.
Authority:
AS
						41.17.010
AS 41.17.055
AS
						41.17.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 7 - General Provisions › 11 AAC 95.810 - Measurement of distances

Current through May 31, 2024
When a distance is specified in AS 41.17 or this chapter,
					 the following applies:
(1) the
				  distance measured must be horizontal distance rather than slope
				  distance;
(2) the distance from a
				  tidal zone is measured from the line of mean higher high water mark;
				  and
(3) repealed
				  11/20/99.
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 7 - General Provisions › 11 AAC 95.815 - Disposal of waste material

Current through May 31, 2024
(a) A petroleum
				  product may not be disposed of onto land or into waters.
(b) Waste material, such as crankcase oil,
				  fuel, grease, filters, hydraulic fluid and their containers, machine parts,
				  wire rope, oil-contaminated soils, scrap culverts, or similar scrap wastes
				  resulting from forest operations, must be disposed of in accordance with 18 AAC
				  60 and 18 AAC 62.
(c) Petroleum
				  products and waste material as identified in this section must be handled in a
				  manner that does not violate the water quality standards of 18 AAC
				  70.
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 7 - General Provisions › 11 AAC 95.820 - Aesthetics

Current through May 31, 2024
On state and municipal forest land in or adjacent to areas
					 of substantial importance to the tourism or recreation industry, an operator
					 shall minimize the visual impact through timber sale design and layout and
					 through post-harvest clean-up of major slash accumulations.
Authority:
AS
						41.17.010
AS 41.17.060
AS
						41.17.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 7 - General Provisions › 11 AAC 95.825 - Water quality monitoring

Current through May 31, 2024
(a) This section
				  establishes the water quality monitoring requirements for private forest land,
				  state forest land, and other public land as defined in
				  AS
				  41.17.950.
(b) The department, with due deference to the
				  Department of Environmental Conservation, will, in its discretion, instruct the
				  forest landowner, timber owner, operator, or forest manager to conduct routine
				  or comprehensive water quality monitoring for the purpose of assessing the
				  impacts of operations on water quality and protected water uses, and for the
				  purpose of demonstrating the effectiveness of best management practices in
				  meeting water quality standards. In determining the type and level of
				  monitoring that will occur, the department will, in its discretion, and with
				  due deference to the Department of Environmental Conservation, consider the
(1) likelihood of a significant impact on
				  water quality;
(2) sensitivity of
				  the receiving environment;
(3)
				  availability of suitable personnel at the operating location to conduct and
				  report the monitoring;
(4)
				  contribution that water quality observation will make to other water quality
				  data being collected in the area; and
(5) availability of monies.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 7 - General Provisions › 11 AAC 95.830 - Monitoring effectiveness of forest practices regulations

Current through May 31, 2024
Consistent with
					 AS
					 41.17.047(d) as coordinated
					 by the Board of Forestry, the agencies and the timber industry will review the
					 implementation and effectiveness of AS 41.17 and this chapter, including the
					 best management practices adopted to implement AS 41.17. This review will be
					 designed to determine the effectiveness of AS 41.17 and this chapter, including
					 best management practices, in meeting state water quality standards, fish
					 habitat requirements, and other forestry objectives.
Authority:
AS
						41.17.010
AS 41.17.047
AS 41.17.055
AS
						41.17.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 95 - Forest Resources and Practices › Article 7 - General Provisions › 11 AAC 95.835 - Other rights not affected

Current through May 31, 2024
Except as otherwise provided in AS 41.17 and this chapter,
					 nothing in this chapter alters or diminishes the authority of the Department of
					 Environmental Conservation.
Authority:
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 7 - General Provisions › 11 AAC 95.900 - Definitions

Current through May 31, 2024
In this chapter, unless the context specifically states
					 otherwise:
(1) "active road" means a
				  forest road being actively used for hauling logs, pulpwood, chips, or other
				  major forest products, or rock and other road building materials;
(2) "agencies" means the Department of Fish
				  and Game, the Department of Environmental Conservation, and the division of
				  forestry within the Department of Natural Resources;
(3) "agency" means the Department of Fish and
				  Game, Department of Environmental Conservation, or the division of forestry
				  within the Department of Natural Resources;
(4) "angle of repose" means the angle at
				  which a cut or fill slope will stand naturally;
(5) "appropriate" means warranted in light of
				  potential effects on public resources;
(6) "approved device" includes conventional
				  and portable stoves, fireplaces, and incinerators with adequate safeguards to
				  prevent escapement of fire;
(7)
				  "bedrock" means solid rock or accumulation of material more than three feet in
				  diameter that predominate within a streambed or streambank;
(8) "burning" includes setting fires and
				  excludes smoking;
(9) "commercial
				  operation" means
(A) in Region I or II, an
				  operation or harvest with an annual production in excess of 10,000 board feet
				  of wood products for sale; and
(B)
				  in Region III, an operation or harvest with an annual production in excess of
				  30,000 board feet of wood products for sale;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 1 - Provisions for General Land Use Activity › 11 AAC 96.005 - Purpose

Current through May 31, 2024
The purpose of this chapter is to manage uses and
					 activities on state public domain land, including shoreland, tideland, and
					 submerged land, in order to minimize adverse effects on the land and its
					 resources.
Authority:
AS
						38.05.020
AS
						38.05.035
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 1 - Provisions for General Land Use Activity › 11 AAC 96.007 - Applicability

Current through May 31, 2024
This chapter applies to all land use activities on state
					 land, except
(1) activities authorized
				  under any department-administered lease, oil and gas exploration license,
				  contract, or permit that conveys an interest in land, including a coal
				  prospecting permit, offshore prospecting permit, geothermal prospecting permit,
				  homesite entry permit, and homestead entry permit; and
(2) land that has, by administrative action
				  or by act of the legislature, been reserved from multiple-use management or
				  been withdrawn from the public domain, including a state park or land owned by
				  the University of Alaska.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.131
AS 38.05.132
AS 38.05.133
AS 38.05.300
AS
						38.05.850
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 1 - Provisions for General Land Use Activity › 11 AAC 96.010 - Uses requiring a permit

Current through May 31, 2024
(a) On state land,
				  a permit or other written authorization is required for
(1) an activity involving
(A) the use of explosives and explosive
				  devices, except firearms;
(B) uses
				  that are not listed in
				  11 AAC 96.020 as generally allowed
				  uses;
(C) the use of hydraulic
				  prospecting or mining equipment methods;
(D) drilling to a depth in excess of 300
				  feet, including exploratory drilling or stratigraphic test wells on state land
				  not under oil or gas lease;
(E)
				  geophysical exploration for minerals subject to lease or an oil and gas
				  exploration license under
				  AS
				  38.05.131-38.05.181;
(F) a commercial recreation camp or facility,
				  whether occupied or unoccupied, that remains overnight; or
(G) an event or assembly of more than 50
				  persons; or
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 1 - Provisions for General Land Use Activity › 11 AAC 96.018 - Uses requiring registration

Current through May 31, 2024
(a) Entry will be
				  permitted under
				  11 AAC 96.020 as a generally
				  allowed use for commercial recreation purposes on a day-use basis with no camp
				  or facility, whether occupied or unoccupied, that remains overnight, and
				  including landing commercial recreation clients on state land by aircraft or
				  watercraft other than at an airport or harbor managed by a municipality or by
				  the Department of Transportation and Public Facilities, if the operator
				  complies with the following requirements:
(1)
				  registering with the department before the use each calendar year;
(2) providing information required by the
				  department, including the name of the business, type of activity, geographic
				  area, number of clients served, number of visitor days, number of days in
				  operation, and means of access to and from the area; and
(3) paying a registration fee as required by
				  11 AAC 05.180.