Section 11.93.151. Applicability.

	(a)  The provisions of 11 AAC 93.151 - 11 AAC 93.201 apply to all artificial barriers located in the state that are dams within the meaning of AS 46.17.900, except dams owned or operated by the federal government or regulated by the Federal Energy Regulatory Commission.  
	(b)  An artificial barrier that the department has given a Class I (high) or Class II (significant) hazard potential classification under 11 AAC 93.157 is a dam under AS 46.17.900(3)(C), even if the barrier does not meet the height and capacity criteria set out in AS 46.17.900(3)(A) or (B).  
	(c)  An artificial barrier that the department has given a Class III (low) hazard potential classification under 11 AAC 93.157 is not a dam under AS 46.17.900, unless the barrier meets the height and capacity criteria set out in AS 46.17.900(3)(A) or (B).   

Authorities

46.17.010;46.17.030;46.17.100

Notes

Reference

11 AAC 93.151
11 AAC 93.157
11 AAC 93.171
11 AAC 93.172
11 AAC 93.201

Authority

AS 46.17.010 AS 46.17.030 AS 46.17.100

History

Eff. 8/16/89, Register 111; am 10/2/2004, Register 171