11 AAC 95.275. Uses within a riparian area

(a) The following operations are allowed within a riparian area without the necessity of obtaining a variation under AS 41.17.087 :

(1) road building and associated activities performed in accordance with 11 AAC 95.285(b) ;

(2) a water body crossing built in accordance with 11 AAC 95.300;

(3) felling and removal of hazardous trees along roadways as required by state or federal law;

(4) locating material extraction sites in braided, glacial floodplains in accordance with 11 AAC 95.325;

(5) repealed 11/20/99;

(6) installation of blocks, or similar devices on a tree required for retention under this chapter if the device is installed to minimize damage to the tree;

(7) use of trees required for retention under this chapter for use as lift trees or tailholds;

(8) hanging of rigging through the riparian area when necessary to be consistent with operator safety requirements and to have a clear line of sight and working area for the rigging; and

(9) in the case of a riparian area on land identified in AS 41.17.118 and 41.17.119 only, yarding corridors and other logging methods which do not cause a significant adverse impact to the riparian habitat.

(b) The operations identified in (a)(1), (a)(2), and (a)(4) must be identified in the detailed plan of operations and comply with AS 41.17 and this chapter.

(c) The felling of trees identified in (a)(3) of this section need not be identified in the detailed plan of operations or comply with AS 41.17 and this chapter.

(d) Repealed 6/24/2004.

(e) Within the portion of a Type III-B water body riparian area under AS 41.17.116 (b)(2), 41.17.118(a)(1)(B), and 41.17.119(2) where harvesting is allowed,

(1) retention trees must include, to the extent feasible, trees with high value for wildlife habitat, including snags, forked trees, and trees with multiple stems;

(2) following procedures in 11 AAC 95.355(a) - (d), harvest trees may be felled into the no-harvest zone of the riparian area if necessary to minimize damage to residual trees;

(3) tree felled into the no-harvest zone may be topped to the merchantable specification and the tops left within the no-harvest zone; tops left shall be treated in accordance with 11 AAC 95.370(d) - (e) to reduce risk of insect infestation;

(4) each harvest tree shall be high- and low-marked with paint; and

(5) retention trees must be well-dispersed throughout the riparian area where harvesting is allowed.

(f) Activities described in this section that are conducted within a riparian area must be done in compliance with the slope stability standards of 11 AAC 95.280(d) .

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

Authority: AS 41.17.010

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