11 AAC 95.185. Purpose and relationship to other laws

(a) This chapter implements and interprets AS 41.17 (Forest Resources and Practices). For land outside riparian areas, the purpose of this chapter is to provide protection of important public resources, maintain an economically viable timber industry, prevent or minimize significant adverse effects of soil erosion and mass wasting on water quality and fish habitat, and ensure reforestation to the fullest extent practical, taking into account the economic feasibility of timber operations. For riparian areas, the purpose of this chapter is to protect these areas from significant adverse effects of timber harvest activities on fish habitat and water quality, taking into account the economic feasibility of timber operations.

(b) For all lands, the operations recognized under this chapter shall be conducted in a manner that does not cause or constitute a substantial factor in causing a degradation of water quality.

(c) The best management practices identified in this chapter for operations conducted under this chapter are the sole enforcement mechanism for violations of water quality standards. Data collected under 11 AAC 95.825 will be used to revise the best management practices as necessary to attain and maintain water quality standards.

(d) Nothing in this chapter affects the applicability of 18 AAC 70.015 or precludes the Department of Environmental Conservation from granting a variance from the antidegradation requirements of 18 AAC 70.010(c) and the water quality criteria of 18 AAC 70.020(b) for a project in accordance with the requirements of 18 AAC 70.015. A Department of Environmental Conservation variance does not relieve a forest manager, forest landowner, timber owner, or operator from meeting the requirements of (b) of this section or any other provision of this chapter.

(e) For state managed lands, the purpose of this chapter is also to ensure that forest land is administered for the multiple use of all resources and to ensure the sustained yield of renewable resources. This purpose is achieved through the provisions of this chapter in conjunction with AS 38 and appropriate land use plans.

(f) The purposes of this chapter are achieved by establishing measurable forestry standards, and providing the capability to tailor those standards to particular field conditions.

(g) For all public lands, the requirements of this chapter preempt the timber harvest and processing and habitat standards enacted under AS 46.40 (Alaska coastal management program). For private land, the interaction between this chapter and the Alaska coastal management program is set out in AS 41.17.900 (e). For federal land, the interaction between this chapter and the Alaska coastal management program is set out in AS 41.17.900 (b)(2).

(h) The regulations adopted in this chapter, as approved by the Department of Environmental Conservation, establish the review, riparian, monitoring, and field operation standards that, in conjunction with additional non-regulatory forestry components of the Department of Environmental Conservation's federally approved nonpoint source pollution control program under the 33 U.S.C. 1329 (Clean Water Act, sec. 319), as amended February 4, 1987, constitute the nonpoint source pollution control requirements for activities recognized in this chapter.

History: Eff. 6/10/93, Register 126

Authority: AS 41.17.010

Editor's note: The processing and habitat standards referred to in 11 AAC 95.185(g) currently appear in 6 AAC 80.100 - 6 AAC 80.130.

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