Section 41.17.900. Applicability of chapter; relationship to other law.

   (a) Unless otherwise specified, this chapter applies to forest land under state, municipal, or private ownership.
   (b) For federal land,
        (1) the degree of resource protection may not be less than that established by this chapter for state land except that AS 41.17.119 establishes the minimum riparian standard;
        (2) a timber harvest activity subject to this chapter shall satisfy the requirement to be consistent to the maximum extent practicable with the Alaska coastal zone management program if the federal land management plans, guidelines, and standards applicable to that timber harvest activity provide no less resource protection than the standards that are established in this chapter provide for state land except that
             (A) AS 41.17.119 establishes the minimum riparian standards; and
             (B) this paragraph does not apply to a timber harvest activity that requires a state or federal authorization under a provision of law other than this chapter.
   (c) The commissioner shall exempt by regulation from the provisions of this chapter
        (1) minor, small scale, or incidental commercial operations of little significance with respect to the purposes of this chapter; and
        (2) operations for primarily noncommercial purposes, including but not limited to the harvesting of timber for personal use.
   (d) Notwithstanding any other provision of this chapter, the commissioner may not employ the authority vested by this chapter so as to duplicate or preempt the statutory authority of other state agencies to adopt regulations or undertake other administrative actions governing resources, values, or activities on forest land except for regulations, if authorized by the commissioner of environmental conservation, relating to control of nonpoint source pollution.
   (e)  [Repealed, Sec. 18 ch 31 SLA 2005].  
   (f) This chapter does not diminish the rights, privileges, or immunities of Alaska Natives or Alaska Native corporations with respect to land conveyed under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act), and does not alter or diminish the authority of the Department of Fish and Game under AS 16, of the Department of Environmental Conservation under AS 46, or of a state agency under other law.

Authorities

41.17.950

Notes

Implemented As

11 AAC 95.185
11 AAC 95.190
11 AAC 95.220
11 AAC 95.900

References

AS 41.17.950 Definitions.

History

(Sec. 1 ch 108 SLA 1978; am Sec. 24, 25 ch 34 SLA 1990; am E.O. No. 107, Sec. 32, 33 (2003); am Sec. 7, 18 ch 31 SLA 2005; am Sec. 48 ch 56 SLA 2005; am E.O. No. 114 Sec. 30, 31 (2008))