Section 11.95.275. Uses within a riparian area.

	(a)  The following operations are allowed within a riparian area without the necessity of obtaining a variation under AS 41.17.087:  
		(1) road building and associated activities performed in accordance with 11 AAC 95.285(b);  
		(2) a water body crossing built in accordance with 11 AAC 95.300;  
		(3) felling and removal of hazardous trees along roadways as required by state or federal law;  
		(4) locating material extraction sites in braided, glacial floodplains in accordance with 11 AAC 95.325;  
		(5) installation of a block or similar device on a tree required for retention under this chapter if the device is installed to minimize damage to the tree;  
		(6) the use, as lift trees or tail holds, of trees required for retention under this chapter;  
		(7) the hanging of rigging through the riparian area if necessary to be consistent with operator safety requirements and to have a clear line of sight and working area for the rigging;  
		(8) in the case of a riparian area on land identified in AS 41.17.118 and 41.17.119 only, yarding corridors and other logging methods that do not cause a significant adverse impact to the riparian habitat.  
	(b)  The operations identified in (a)(1), (2), and (4) of this section must be identified in the detailed plan of operations and comply with AS 41.17  and this chapter.  
	(c)  The felling of trees identified in (a)(3) of this section need not be identified in the detailed plan of operations or comply with AS 41.17  and this chapter.  
	(d)  Between 50 feet and 100 feet from a Type II-D water body, harvest may occur, but may not create flow paths or ruts that could channelize sheet flow or introduce sediment into the water body.  
	(e)  On state and other public land, a timber harvest along a non-glacial Type II-C water body will be designed in consultation with the Department of Fish and Game, to identify sites where stream temperature is a concern and where the buffer is not forested. On those sites, the timber harvest will be designed to maintain forest cover within 180 feet from the ordinary high water mark (OHWM), where needed to retain shade and maintain stream temperature.  
	(f)  Within the portion of a Type III-B water body riparian area under AS 41.17.116(c)(2), 41.17.118(a)(3)(B), and 41.17.119(3) where harvesting is allowed,  
		(1) retention trees must include, to the extent feasible, trees with high value for wildlife habitat, including snags, forked trees, and trees with multiple stems;  
		(2) following procedures in 11 AAC 95.355(a) - (d), harvest trees may be felled into the no-harvest zone of the riparian area if necessary to minimize damage to residual trees;  
		(3) trees felled into the no-harvest zone may be topped to the merchantable specification and the tops left within the no-harvest zone; tops left shall be treated in accordance with 11 AAC 95.370(d) - (e) to reduce risk of insect infestation;  
		(4) each harvest tree shall be high- and low-marked with paint; and  
		(5) retention trees must be well-dispersed throughout the riparian area where harvesting is allowed.  
	(g)  Activities described in this section that are conducted within a riparian area must be done in compliance with the slope stability standards of 11 AAC 95.280(d).  

Authorities

41.17.010;41.17.055;41.17.080;41.17.087;41.17.115;41.17.118;41.17.119;44.62.125

Notes

Reference

11 AAC 95.240

Authority

AS 41.17.010 AS 41.17.055 AS 41.17.080 AS 41.17.087 AS 41.17.115 AS 41.17.118 AS 41.17.119 Editor's note: As of Register 186 (July 2008), and acting under AS 44.62.125(b)(6), the regulations attorney made technical changes to 11 AAC 95.275(e), to reflect Executive Order 114 (2008). Executive Order 114 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Natural Resources to the Department of Fish and Game.

History

Eff. 6/10/93, Register 126; am 11/20/99, Register 152; am 6/24/2004, Register 170; am 6/8/2007, Register 182

References

11.95.275