Title 11 . Natural Resources

Chapter 95 . (No Regulations Filed)

Section 240. Variation from requirements in areas adjoining a small streamside zone in Region I

11 AAC 95.240. Variation from requirements in areas adjoining a small streamside zone in Region I

(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 deputy commissioner 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.

History: Eff. 6/10/93, Register 126; am 11/20/99, Register 152; am 6/24/2004, Register 170

Authority: AS 41.17.010

AS 41.17.055

AS 41.17.080

AS 41.17.087

AS 41.17.098

Editor's note: 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.