Section 41.17.087. Variation from requirements.

   (a) A forest landowner, timber owner, or operator may propose for a particular activity a variation from a requirement imposed by this chapter or the regulations adopted under this chapter.  If the state forester determines that the harm intended to be avoided by the requirement is not likely to occur because of site-specific circumstances relating to the particular activity and is not likely to cause significant harm to fish habitat or water quality, the state forester shall agree to the proposed variation.  If the state forester does not agree to the proposed variation, a forest landowner, timber owner, or operator may appeal to the commissioner.  The appellants shall conform to the requirement during the pendency of the appeal.
   (b) The commissioner shall adopt regulations that specify the standards under which a variation will be granted for harvesting timber within the riparian area of
        (1) a low gradient Type I-A water body with a width of five feet or less; and
        (2) other appropriate water body types.
   (c) A determination by the state forester under (a) of this section and regulations by the commissioner under (b) of this section shall give due deference under AS 41.17.098.

Authorities

41.17.098;41.17.139

Notes

Implemented As

11 AAC 95.220
11 AAC 95.235
11 AAC 95.240
11 AAC 95.275
11 AAC 95.810

References

11 AAC 95.235
11 AAC 95.240
11 AAC 95.275
AS 41.17.098 Interagency coordination and reevaluation.
AS 41.17.139 Hearing procedures.

History

(Sec. 11 ch 34 SLA 1990; am Sec. 1 ch 123 SLA 2003; am E.O. No. 107, Sec. 15, 16 (2003); am E.O. No. 114 Sec. 15, 16 (2008))