11 AAC 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).
Notes
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.
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
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