Current through August 30, 2024
(a) Under
AS
41.17.087(b), the department
grants a general variation for activities, including timber harvest, in small
streamside zones on private land in Region I. A small streamside zone is a
riparian area adjacent to a Type I-A water body with a width of six and
one-half feet or less as determined by actual measurement between the ordinary
high water marks.
(b) The general
variation granted in (a) of this section is in addition to any site-specific
variation available under
AS
41.17.087(a) and
11 AAC 95.235.
(c) If the state forester determines a
general streamside zone variation under this section is likely to cause
significant harm to fish habitat or water quality due to site specific
conditions, a general variation is not available. A landowner may request a
site specific variation under
AS
41.17.087(a) and
11 AAC 95.235. When making a
decision under this section, the state forester will give due deference to the
Department of Fish and Game and Department of Environmental Conservation in
accordance with
AS
41.17.098.
(d) The following standards shall apply in a
small streamside zone in Region I:
(1) an
operator may not fell a tree that stands within 25 feet of the stream as
measured from the ordinary high water mark;
(2) in the area between 25 feet and 66 feet
of the ordinary high water marks of the stream, the operator may harvest up to
(A) 25 percent of all standing qualifying
trees; and
(B) 25 percent of all
downed qualifying trees within the riparian retention area adjacent to the
stream; for land east of the most westerly point of Cape Suckling, the total
number of qualifying trees includes all timber with a diameter of 12 inches DBH
or more; for land west of the most westerly point of Cape Suckling, the total
number of qualifying trees includes all timber with a diameter of eight inches
DBH or more; the landowner requesting a variation under this section shall
calculate the number of qualifying trees using the following method, and
provide this information to the state forester:
(i) Step 1. over the reach from which
variation trees are requested to be removed, identify and count all qualifying
standing trees, and as a separate count, all qualifying downed trees, between
the ordinary high water mark (OHWM) and 66 feet from the OHWM. For land each of
the most westerly point of Cape Suckling, qualifying trees are 8 inches DBH or
greater; when calculating qualifying trees, each streambank is considered a
separate reach;
(ii) Step 2.
multiply the number of qualifying trees in Step 1 by 0.25 for each category for
example, standing trees as compared to downed trees;
(iii) Step 3. within the defined reach, up to
the number of trees calculated in step 2 may be felled, killed, or harvested;
trees that are felled, killed, or harvested must by qualifying trees and must
be more than 25 feet from the OHWM;
(3) when choosing a tree to harvest or retain
under this subsection, preference should be given to retaining a tree that
(A) has the dominant crown on the streamside
of the tree and is a primary source of shade to the stream;
(B) is on the windward side of the prevailing
wind throw pattern and closest to the stream; and
(C) leans toward the stream channel and is a
likely source of woody debris;
(4) felling, bucking, and yarding must comply
with the following standards:
(A) a tree must
be directionally felled away from a Type I-A water body; however, if
directional felling cannot be accomplished, and topography or safety
requirements indicate a need to fell across a Type I-A water body, that felling
and yarding must be conducted in a manner that minimizes sedimentation of the
water body and disturbance of the riparian area; felling and bucking must also
be accomplished in accordance with
11 AAC 95.355(a);
(B) for cable yarding systems in which the
leading edge of the log is not suspended, the leading edge of the log must
extend outside the riparian area in accordance with
11 AAC 95.360;
(C) where site-specific conditions require,
and where consistent with safety standards, jacking and pulling of a standing
tree must be used to prevent felling a tree into the stream or damaging
retained timber;
(5) the
tracks or wheels of a skidder, logging shovel, or other piece of heavy
equipment may not be operated within 33 feet of the streambank in accordance
with 11 AAC 95.365;
(6) tree removal must be done in a way that
minimizes damage to retained trees and understory vegetation within the
riparian zone;
(7) use of a
tailhold, corner block, or lift tree must be done in accordance with
11 AAC 95.275.
As of Register 166 (July 2003), and acting under
AS
44.62.125(b)(6), the
regulations attorney made a technical change to
11 AAC 95.240(c),
to reflect Executive Order 107 (2003). Executive Order 107 transferred
functions related to protection of fish habitat in rivers, lakes, and streams
from the Department of Fish and Game to the Department of Natural
Resources.
As of Register 186 (July 2008), and acting under
AS
44.62.125(b)(6), the
regulations attorney made a technical change to
11 AAC 95.240(c),
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
41.17.098
