Section 41.17.118. Riparian standards for state land.

   (a) The riparian standards for state land are as follows:
        (1) on state forest land managed by the department that is in Region I,
             (A) harvest of timber may not be undertaken within 100 feet immediately adjacent to an anadromous or high value resident fish water body;
             (B) between 100 and 300 feet from the water body, harvest of timber may occur but must be consistent with the maintenance of important fish and wildlife habitat as determined by the commissioner with due deference to the Department of Fish and Game;
        (2) on state forest land managed by the department that is in Region II,
             (A) along a Type II-A water body, harvest of timber may not be undertaken within 150 feet of the water body; additionally, harvest of timber may not be undertaken along outer bends subject to erosion within 225 feet of the water body or to the terrace top break, whichever is smaller;
             (B) along a Type II-B water body, harvest of timber may not be undertaken within 150 feet of the water body; additionally, harvest of timber may not be undertaken along outer bends subject to erosion within 325 feet of the water body or to the terrace top break, whichever is smaller;
             (C) along a Type II-C water body, harvest of timber may not be undertaken within 100 feet of the water body;
             (D) along a Type II-D water body, there is a 100-foot riparian area; harvest of timber may not be undertaken within 50 feet of the water body;
             (E) the length of the augmented buffer along an outer bend subject to erosion in (A) or (B) of this paragraph must be equal to a distance eight times the stream width measured on a reach between bends at a point not widened by a point bar or channel movement; the augmented buffer must be located so that three stream widths are upstream and five stream widths are downstream of the point opposite the apex of the point bar;
             (F) where an estuarine area is adjacent to an anadromous or high value resident fish water body, the riparian retention area for the adjacent water body applies to the estuarine area;
             (G) along Type II-A, II-B, II-C, and II-D water bodies, harvest of timber may occur between the landward extent of the riparian retention area and 300 feet from the water body, consistent with the maintenance or enhancement of important wildlife habitat as determined by the commissioner with due deference to the Department of Fish and Game;
        (3) on state forest land managed by the department that is in Region III,
             (A) along a Type III-A water body, harvest of timber may not be undertaken within 100 feet of the water body; however, between 66 feet and 100 feet from the water body, harvest of timber may be undertaken where consistent with the maintenance of important fish and wildlife habitat as determined by the commissioner with the concurrence of the Department of Fish and Game;
             (B) along a Type III-B water body, harvest of timber may not be undertaken within 50 feet of the water body; between 50 feet and 100 feet from the water body, up to 50 percent of standing white spruce trees having at least a nine-inch diameter at breast height may be harvested;
             (C) along a Type III-C water body, harvest of timber within 100 feet of the water body must be consistent with the maintenance of important fish and wildlife habitat as determined by the commissioner with due deference to the Department of Fish and Game.
   (b) The commissioner may impose additional riparian protection standards for timber harvest operations through the adoption of land use plans under AS 38.04.065. Within a state forest established under AS 41.17.200 - 41.17.230, riparian standards adopted by the commissioner under this subsection may not exceed the standards established under (a) of this section unless the commissioner makes a finding of compelling state interest.
   (c) In the absence of a site-specific determination by the Department of Fish and Game, the commissioner shall presume for planning purposes that a stream is anadromous if it is connected to anadromous waters that are without Department of Fish and Game documentation of a physical blockage and has a stream gradient of 8 percent or less.

Authorities

41.17.119

Notes

Implemented As

11 AAC 95.260
11 AAC 95.265
11 AAC 95.270
11 AAC 95.275
11 AAC 95.280

References

11 AAC 95.260
11 AAC 95.275
AS 41.17.119 Minimum riparian standards for other public land.

History

(Sec. 14 ch 34 SLA 1990; am Sec. 9 ch 136 SLA 2000; am Sec. 3 ch 123 SLA 2003; am Sec. 10 ch 153 SLA 2003; am E.O. No. 107, Sec. 28, 29 (2003); am Sec. 3 ch 65 SLA 2006; am E.O. No. 114 Sec. 28 (2008))