Section 41.17.090. Notification of plans to harvest timber.

   (a) Operations on forest land shall be reviewed under this section for consistency with the policies and provisions of this chapter and regulations adopted under this chapter.
   (b) A forest landowner, timber owner, or operator may provide to the commissioner a voluntary plan of operations that describes the long-term plans for timber harvesting. The purpose of a voluntary plan is to give the division and the public an early opportunity to review plans, to identify areas of concern, and to allow the agencies and the public to provide local knowledge and early notice of potential problems to the forest landowner, timber owner, or operator.
   (c) Before beginning operations on municipal or private forest land or on state land not managed by the division, the operator shall provide the state forester with a detailed plan of operations. The detailed plan of operations must include
        (1) a description of the proposed operations, identifying the land involved and the action proposed in sufficient detail to inform the public of the nature and location of the proposed operations; the description must include a map and must be in a form suitable for duplication;
        (2) the name, address, and approving signature of the forest landowner, timber owner, and operator; and
        (3) other information required in the regulations adopted under this chapter.
   (d) Within five days after receipt of a detailed plan of operations under (c) of this section, the state forester shall distribute the information received under (c) of this section to affected state agencies and coastal districts, and shall distribute the information received under (c)(1) of this section to each member of the public who has asked to receive copies of notifications for the affected area.
   (e) Within 30 days after receipt of a detailed plan of operations, the state forester shall review the plan to determine if the operations are consistent with this chapter and regulations adopted under this chapter. Operations may begin under the plan upon the expiration of the 30-day period or upon notice from the state forester that the review has been completed, whichever occurs first, unless the division has issued a stop work order for a particular portion of the plan or has notified the operator that a one-time, 10-day extension is necessary for agency review under AS 41.17.098(f). The operator may proceed with operations not covered by the stop work order, notice of field inspection, or the agency review. During the review of a detailed plan of operations, if a question arises concerning the proper classification of water body type for purposes of the standards in AS 41.17.116(a), the Department of Fish and Game may resolve the question.
   (f) If the state forester determines that a field inspection is necessary to determine consistency of the detailed plan of operations or a portion of the plan with applicable standards, the state forester shall notify the operator.  The notice of field inspection may not cover more than the minimum area necessary to determine compliance with this chapter and applicable regulations.  The operator shall inform the state forester when the site will be available for an inspection. The state forester shall conduct the field inspection within 21 days after the date that the site will be accessible and available unless the operator otherwise agrees, and the operator may begin operations at the conclusion of the 21-day period unless the state forester has issued a stop work order under AS 41.17.138.
   (g) During the review of a detailed plan of operations, modifications to accommodate comments may be made without requiring the operator to resubmit the plan.  After the review of the detailed plan of operations made under (e) and (f) of this section, an operator shall notify the state forester of a proposed substantial change in operations by following the procedures specified in (c) - (f) of this section.
   (h) Information and paperwork required of the operator under this section is limited to that necessary to accomplish the purposes of this section.
   (i) An operator shall renew a detailed plan of operations annually.

Authorities

41.17.080;41.17.098;41.17.110

Notes

Implemented As

11 AAC 95.210
11 AAC 95.220
11 AAC 95.225
11 AAC 95.230
11 AAC 95.900

References

11 AAC 95.210
11 AAC 95.220
11 AAC 95.225
11 AAC 95.245
11 AAC 95.265
11 AAC 97.250
AS 41.17.080 Regulations.
AS 41.17.098 Interagency coordination and reevaluation.
AS 41.17.110 Conversion of forest land to other uses.

History

(Sec. 1 ch 108 SLA 1978; am Sec. 109 ch 6 SLA 1984; am Sec. 12 ch 34 SLA 1990; am Sec. 6 ch 122 SLA 1996; am E.O. No. 107, Sec. 17 - 19 (2003); am E.O. No. 114 Sec. 17 - 19 (2008))