Alaska Administrative Code
Title 11 - Natural Resources
Part 6 - Lands
Chapter 96 - Miscellaneous Land Use
Article 1 - Provisions for General Land Use Activity
11 AAC 96.016 - Designated public use areas
Universal Citation: 11 AK Admin Code 96.016
Current through August 30, 2024
(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.
(5) a permit or other written authorization
is required for the use or occupancy of the Kenny and Patti Barber
Shooting Range, as depicted on the map entitled Kenny and
Patti Barber Shooting Range, dated May 18, 2016, and adopted by
reference; within the Kenny and Patti Barber Shooting Range
(A) the rules and conditions for use of the
shooting range include the rules for the protection and safety of the general
public and to further the purposes for which the shooting range was
established, which are specified in 11 AAC 96.016(c)(20) and shall be
conspicuously posted at the shooting range and upon the division of mining,
land and water's public webpage on the department's website;
(B) the department may deny a permit or
revoke a person's permit to use, occupy, or access the shooting range upon
failure to comply with rules or conditions for use; the rules and conditions
for use that are posted at the shooting range and on the division of mining,
land and water's public webpage may include restrictions on firearm use or
ammunition type, magazine capacity, and other conditions as the department
considers advisable;
(C) the use of
the shooting range for commercial purposes or by organized group in excess of
50 individuals requires a commercial use permit under
11 AAC 96.010;
(D) the department may restrict permits for
the commercial use of the shooting range if the department finds that
(i) there is a need to limit the number or
use of commercial use permits to protect public use of the shooting area, or to
protect shooting area resources;
(ii) there is a need to prevent one business
or person from monopolizing commercial activities within the shooting range or
portion of the shooting range;
(iii) without limitation of the number of
permits or use oft he shooting range there would likely be a degradation of
quality of the recreational experience in the shooting range; or
(iv) the demand for the commercial use of the
shooting range exceeds the capacity of the shooting range;
(E) the term of a commercial use permit
issued under this paragraph may not exceed 30 consecutive days, and is
revocable at will by the department; the department may limit the number of
competitive commercial use permits a person may hold; a permit may not be
assigned without the written consent of the department;
(F) the department may restrict personal use
permits for the use of the shooting range if the department finds that
(i) there is a need to limit the number or
use of permits to protect public use of the shooting area, or to protect
shooting area resources;
(ii) there
is a need to prevent one business or person from monopolizing activities within
the shooting range or portion of the shooting range;
(iii) without limitation of the number of
permits or use of the shooting range there would likely be a degradation of
quality of the recreational experience in the shooting range; or
(iv) the demand for the use of the shooting
range exceeds the capacity of the shooting range; and
(G) the term of a personal use permit issued
under this paragraph may not exceed the calendar year, and is revocable at will
by the department; the department may limit the number of personal use or
occupancy permits a person may hold; a permit may not be assigned without the
written consent of the department.
(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 without prior written authorization from the
department;
(2) a person may not
transport a non-functional vehicle into the area without prior written
authorization from the department;
(3) without prior written authorization from
the department, a person may not
(A) operate
a vehicle in excess of 10, 000 pounds curb weight for private or commercial
activity;
(B) operate a vehicle in
excess of 1,500 pounds curb weight on the Rippy Trail, as
depicted on the map entitled Rippy Trail, dated November 30, 2015 and adopted
by reference; or
(C) operate a
motor vehicle on the Jim Lake Overlook Trail, as depicted on the map entitled
Jim Lake Overlook Trail, dated November 30, 2015, and adopted
by reference;
(4) except
for on the bed of the Knik River located below ordinary high water marks of the
Knik River as depicted on the maps entitled Knik River Public Use Area
- High Use Area, Sheets 1 - 4, dated July 19, 2016, and adopted by
reference, 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) a person may not have an open
fire larger than three feet in diameter and two feet in height except on open
and non-vegetated areas at least 100 feet from forested land without prior
written authorization from the department; an open fire is subject to the
requirements of 11 AAC 95.412 and
11 AAC 95.450;
(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 without prior written authorization from the
department;
(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 without prior written authorization from the
department;
(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) except as specified in (B) of this
paragraph, a person may not
(A) erect a camp,
structure, or facility, whether occupied or unoccupied, for more than 14
consecutive days at one location for private personal use without prior written
authorization from the department, and the entire camp, structure, or facility
and all equipment must be moved at least two miles away at the end of the
14-day period; moving the use to another location at least two miles away
starts a new 14-day period; a person may not relocate a camp, structure, or
facility to a location within two miles of the initial location for at least 96
consecutive hours; or
(B) erect a
camp, structure, or facility, whether occupied or unoccupied, for more than
seven consecutive days at one location for private personal use in designated
public use sites, as depicted on the map entitled Knik River Public Use
Area Public Use Sites, dated November 30, 2015, and adopted by
reference, and the entire camp, structure, or facility and all equipment most
be moved at least two miles away at the end of the seven-day period; moving the
use to another location at least two miles away starts a new seven-day period;
a person may not relocate a camp, structure, or facility to a location within
two miles of the initial location 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 without prior written authorization from the department;
(14) a person may not discharge a firearm,
except for the purposes of lawful bunting or trapping, on or within the
following without prior written authorization from the department:
(A) except for within the Kenny and
Patti Barber Shooting Range, as depicted on the map entitled
Kenny and Patti Barber Shooting Range, adopted by reference in
(b)(5) of this section, within one-quarter mile of the Maud 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;
(E) within one-quarter mile of designated
public use sites, as depicted on the map entitled Knik River Public Use Area
Public Use Sites, adopted by reference in (11)(B) of this subsection;
(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.
(18) from May 1 through September 30, without
prior written authorization from the department, a person may not
(A) engage in activities using motorized
vehicles on the water of Manmade Lake; or
(B) operate a vehicle on land at a speed
greater than 10 miles per hour within 100 feet of the water of Manmade
Lake;
(19) from April 15
through August 9, without prior written authorization from the department, a
person may not operate a motorized vehicle that utilizes a motor greater than
10 horsepower on the water of Jim Lake; and
(20) a person may not use or occupy the
Kenny and Patti Barber Shooting Range, as depicted on the map
entitled Kenny and Patti Barber Shooting Range, adopted by
reference in (b)(5) of this section, unless the person
(A) complies with the permitting requirements
of (b)(5) of this section; a person may not apply for a new permit or otherwise
use or occupy the shooting range for 72-hour period following the revocation of
a permit under (b)(5)(B) of this section;
(B) pays the applicable foe required in
11 AAC 05.010, for the use or
occupancy of the shooting range for personal or commercial purposes;
and
(C) complies with the following
shooting range rules:
(i) the person shall
keep all firearms pointed in a safe direction;
(ii) the person may not touch the trigger of
a firearm unless ready to shoot;
(iii) the person shall keep all unsecured
firearms unloaded until ready to use;
(iv) the person shall act in a safe and
orderly manner;
(v) the person
shall use appropriate safety equipment including eye and ear
protection;
(vi) the person shall
read and comply with all conditions for use posted at the shooting
range;
(vii) the person may engage
in shooting only during open shooting times from 10:00 a.m. to 8:00 p.m. daily
except the shooting range is closed to all shooting every Wednesday and may be
closed to all shooting on other days or times designated by the department and
conspicuously posted at the shooting range;
(viii) the person may not use or be under the
influence of alcohol, marijuana, or drugs that result in physical or mental
conduct that is impaired, or result in the exhibition of those plain and easily
observed or discovered outward manifestations of behavior commonly known to be
produced by the consumption of alcoholic beverages, marijuana, or drugs that
impair physical or mental conduct;
(ix) the person may not use or occupy the
shooting range if the department has revoked or suspended the person's access
to the shooting range;
(x) the
person shall comply with shooting range rules conspicuously posted at the
shooting range or upon the division of mining, land and water's public webpage
on the department's website; and
(xi) the person may not have an open bottle,
can, or other receptacle containing an alcoholic beverage, as defined in
AS
28.35.029(c), when within
the shooting range.
(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), (4) or (5) 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.
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 41.23.220
Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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