11 AAC 95.185 - Purpose and relationship to other laws
(a) This chapter
implements and interprets AS 41.17 (Forest Resources and Practices). For land
outside riparian areas, the purpose of this chapter is to provide protection of
important public resources, maintain an economically viable timber industry,
prevent or minimize significant adverse effects of soil erosion and mass
wasting on water quality and fish habitat, and ensure reforestation to the
fullest extent practical, taking into account the economic feasibility of
timber operations. For riparian areas, the purpose of this chapter is to
protect these areas from significant adverse effects of timber harvest
activities on fish habitat and water quality, taking into account the economic
feasibility of timber operations.
(b) For all lands, the operations recognized
under this chapter shall be conducted in a manner that does not cause or
constitute a substantial factor in causing a degradation of water
quality.
(c) The best management
practices identified in this chapter for operations conducted under this
chapter are the sole enforcement mechanism for violations of water quality
standards. Data collected under
11 AAC 95.825 will be used to
revise the best management practices as necessary to attain and maintain water
quality standards.
(d) Nothing in
this chapter affects the applicability of
18 AAC 70.015 or precludes the
Department of Environmental Conservation from granting a variance from the
antidegradation requirements of
18 AAC 70.010(c)
and the water quality criteria of
18 AAC 70.020(b)
for a project in accordance with the requirements of
18 AAC 70.015. A Department of
Environmental Conservation variance does not relieve a forest manager, forest
landowner, timber owner, or operator from meeting the requirements of (b) of
this section or any other provision of this chapter.
(e) For state managed lands, the purpose of
this chapter is also to ensure that forest land is administered for the
multiple use of all resources and to ensure the sustained yield of renewable
resources. This purpose is achieved through the provisions of this chapter in
conjunction with AS 38 and appropriate land use plans.
(f) The purposes of this chapter are achieved
by establishing measurable forestry standards, and providing the capability to
tailor those standards to particular field conditions.
(g) Repealed 12/27/2012.
(h) The regulations adopted in this chapter,
as approved by the Department of Environmental Conservation, establish the
review, riparian, monitoring, and field operation standards that, in
conjunction with additional non-regulatory forestry components of the
Department of Environmental Conservation's federally approved nonpoint source
pollution control program under the
33 U.S.C.
1329 (Clean Water Act, sec. 319), as amended
February 4, 1987, constitute the nonpoint source pollution control requirements
for activities recognized in this chapter.
Notes
The processing and habitat standards referred to in 11 AAC 95.185(g) currently appear in 6 AAC 80.100 - 6 AAC 80.130.
Authority:AS 41.17.010
AS 41.17.055
AS 41.17.080
AS 41.17.098
AS 41.17.115
AS 41.17.900
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