Alaska Administrative Code (Last Updated: January 12, 2017) |
Title 11. Natural Resources. |
Part 11.1. Office of the Commissioner. |
Chapter 11.96. Miscellaneous Land Use. |
Article 11.96.1. Provisions for General Land Use Activity. |
Section 11.96.016. Designated public use areas.
Latest version.
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(a) This section addresses management of sites and areas of state land, or interests in land, that have been designated under AS 41.23 as public use areas. Unless otherwise provided in (b) of this section, special requirements applicable to designated public use areas are in addition to requirements applicable to state land under AS 38, AS 41.23, and this title. (b) Within areas designated under AS 41.23 as public use areas, (1) a permit or other written authorization is required for an activity listed in 11 AAC 96.010; (2) commercial recreation uses and activities involving generally allowed uses under 11 AAC 96.020 are subject to registration under 11 AAC 96.018; (3) unless otherwise prohibited in (c) of this section, the land uses and activities listed in 11 AAC 96.020, alone or in combination, are generally allowed uses without any permit or other written authorization from the department, except that a land use or activity for a commercial recreation purpose requires prior registration under 11 AAC 96.018; and (4) a person may not engage in the commercial harvest of non-timber forest products without a permit under 11 AAC 96.035. (c) Within the Knik River public use area as described in AS 41.23.230, (1) a person may not leave a vehicle unattended for more than 72 hours; (2) a person may not transport a non-functional vehicle into the area; (3) a person may not operate a vehicle in excess of 10,000 pounds curb weight for private or commercial activity without prior written authorization from the department; (4) a person may not operate a vehicle in a manner that results in disturbance of wetlands or the organic mat to a depth greater than six inches without prior written authorization from the department; in this paragraph, (A) "organic mat" has the meaning given in 11 AAC 95.900; (B) "wetlands" means those environments characterized by rooted vegetation that is partially submerged either continuously or periodically by surface freshwater with less than 0.5 parts per thousand salt content and not exceeding three meters in depth; (5) an open fire is subject to the requirements of 11 AAC 95.410 and 11 AAC 95.450; a person may not have an open fire larger than four feet in diameter except on open and non-vegetated areas at least 100 feet from forested land without prior written authorization from the department; (6) a person may not burn or cause to burn a wooden pallet, a vehicle, a structure, household or commercial refuse, construction debris, or non-naturally occurring materials; (7) a person may not place, dump, or discard waste or refuse; (8) a person may not place, dump, discard, or release hazardous substances, including those contained within appliances, batteries, automotive fluids, and electronic devices; in this paragraph, "hazardous substance" has the meaning given in AS 46.03.826; (9) a person may not construct or maintain a structure other than a temporary structure authorized under this chapter, and may not abandon a structure; (10) a person may not cut, collect, or harvest a dead standing or live tree without prior written authorization from the department; in this paragraph, "tree" means a woody perennial plant with a single, well-defined stem, a definite crown shape, and a diameter at breast height of five inches or greater; (11) subject to 11 AAC 96.020(a)(5)(E), a person may not erect a camp, structure, or facility, whether occupied or unoccupied, for more than 14 consecutive days for private personal use without prior written authorization from the department, and must move the camp, structure, or facility and all equipment at least two miles away at the end of the 14-day period; a person may not relocate a camp, structure, or facility to a site within two miles of the initial site for at least 96 consecutive hours; (12) a person may not, without prior written authorization from the department, discharge a firearm for purposes of target practice at a (A) target other than one made from wood, paper, clay, or like material; or (B) tree or other plant, whether live or dead, or at a target affixed to or placed on a tree or other plant; (13) a person may not discharge a firework; (14) except for the purposes of lawful hunting or trapping, a person may not discharge a firearm on or within the following without prior written authorization of the department: (A) within one-quarter mile of the Maude Road extension, Old Glenn Highway, Knik River Road, or the Rippy Trail, as depicted on the department's map entitled Recreational Shooting Restrictions within the KRPUA & Knik River SUA, dated June 30, 2008 and adopted by reference; (B) within one-quarter mile of the Knik Glacier Trail (RST 17) or the line of ordinary high water of the Knik River west of the north-south township line between Township 16 North, Range 3 East and Township 16 North, Range 4 East, Seward Meridian that corresponds to 148 degrees, 49 minutes, 8.59 seconds west longitude, as depicted on the map entitled Recreational Shooting Restrictions within the KRPUA & Knik River SUA, adopted by reference in (A) of this paragraph; (C) on the bed of the Knik River west of the north-south township line between Township 16 North, Range 3 East and Township 16 North, Range 4 East, Seward Meridian that corresponds to 148 degrees, 49 minutes, 8.59 seconds west longitude, as depicted on the map entitled Recreational Shooting Restrictions within the KRPUA & Knik River SUA, adopted by reference in (A) of this paragraph; in this subparagraph, "bed" means the area within the lines of ordinary high water on each side of the water body; (D) within one-quarter mile of a developed facility, unless the developed facility is specifically designated for the discharge of firearms; (15) except for the purposes of lawful hunting, fishing, and trapping, a person may not repeatedly approach fish or wildlife in a manner that results in the animal altering its behavior; (16) a person may not construct, develop, improve, widen, brush, or otherwise create a road or trail without prior written authorization from the department; and (17) a person may not damage, deface, destroy, or remove public property, or property leased or rented by the department or local government. (d) Within the Knik River public use area as described in AS 41.23.230, a person who fails to obtain or comply with the terms, conditions, or limitations of a permit required under (b)(1) or (4) of this section or registration required under (b)(2) of this section, or who engages in a use or activity prohibited under (c) of this section is subject to citation and penalty under AS 41.23.220.
Authorities
38.04.200;38.05.020;38.05.035;38.05.300;38.05.850;41.23.020;41.23.030;41.23.060;41.23.070;41.23.110;41.23.120;41.23.150;41.23.160;41.23.190;41.23.200;41.23.210;41.23.220
Notes
Authority
AS 38.04.200 AS 38.05.020 AS 38.05.035 AS 38.05.300 AS 38.05.850 AS 41.23.020 AS 41.23.030 AS 41.23.060 AS 41.23.070 AS 41.23.110 AS 41.23.120 AS 41.23.150 AS 41.23.160 AS 41.23.190 AS 41.23.200 AS 41.23.210 AS 41.23.220History
Eff. 11/9/2008, Register 188; am 12/27/2012, Register 204