5 AAC 95.420. Activities requiring a special area permit

(a) No person or governmental agency may engage in the following uses or activities within a special area without first obtaining a special area permit following the procedures of 5 AAC 95.700 - 5 AAC 95.760:

(1) construction, placement, or continuing use of any improvement, structure, or real property within a special area;

(2) destruction of vegetation;

(3) detonation of an explosive other than a firearm;

(4) excavation, surface or shoreline altering activity, dredging, filling, draining, or flooding;

(5) natural resource or energy exploration, development, production, or associated activities;

(6) water diversion or withdrawal;

(7) off-road use of wheeled or tracked equipment unless the commissioner has issued a general permit under 5 AAC 95.770;

(8) waste disposal, placement, or use of a toxic substance;

(9) grazing or animal husbandry; and

(10) any other activity that is likely to have a significant effect on vegetation, drainage, water quality, soil stability, fish, wildlife, or their habitat, or which disturbs fish or wildlife other than lawful hunting, trapping, fishing, viewing, and photography.

(b) The commissioner makes the final determination as to whether a specific activity is subject to the provisions of this chapter.

History: Eff. 6/5/86, Register 98

Authority: AS 16.05.020

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