Sec. 18 AAC 70.230 - Procedure for reclassification; reclassified waters

ยง 18 AAC 70.230. Procedure for reclassification; reclassified waters

(a) Upon application upon petition, or on its own initiative, the department may adopt, modify, or repeat protected water use classes in 18 AAC 70.050 for a water of the state in accordance with 40 C.F.R 131.10, revised as of July 1, 2019, and adopted by reference.

(b) Before changing 18 AAC 70.050 or (e) of this section to reclassify state water, the department will hold at least one public hearing and otherwise comply with 40 C.F.R. 131.20(b), adopted by reference in 18 AAC 70.205(c), the procedure in AS 44.62.180 - 44.62.290 and other applicable state and federal statutes and regulations.

(c) An applicant or petitioner seeking reclassification of a waterbody under this section shall provide to the department all available evidence reasonably necessary to demonstrate that a reclassification will comply with this section.

(d) The following water may not be reclassified under this chapter:

(1) water in areas administered under the National Wilderness Preservation System under 16 U.S.C. 1131 - 1136;

(2) water in state and national parks, national preserves and monuments, national recreation areas, and national wildlife refuges;

(3) wild and scenic rivers established under 16 U.S.C. 1271 - 1287;

(4) marine sanctuaries established under 16 U.S.C. 1431 - 1445 b;

(5) estuarine sanctuaries established under 16 U.S.C. 4151 - 1464;

(6) water in critical habitat areas established under AS 16.20.220-16.20.270;

(7) water in Land Use Designation (LUD) II areas established by the United States Forest Service under 16 U.S.C. 371 a - 545b.

(e) Specific state water reclassified under this section is protected only for the designated use class shown, as follows:


*Watershed numbers refer to watersheds established by the United States Department of Interior, Geological Survey "Hydrologic Unit Map - 1987 State of Alaska," adopted by reference. This document is for sale by the United States Geological Survey, Fairbanks, Alaska 99701; Denver, Colorado 80225; or Reston, Virginia 22092. This document is on file in the Lieutenant Governor's Office and may be seen at the department's Anchorage, Fairbanks, Juneau offices.

**River latitudes and longitudes are set at the downstream end of the affected river reach.

***Protected for contact recreation, wading only.

****Protected for secondary recreation, except fishing.

(Eff. 11/1/97, Register 143; am 3/5/2020, Register 233, April 2020)

Authority:AS 46.03.020

AS 46.03.050

AS 46.03.070

AS 46.03.080

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