11 AAC 95.315. Road maintenance

(a) For purposes of the road maintenance requirements of this section, a landing is considered part of a road.

(b) An operator shall conduct the following maintenance on an active road:

(1) keep culverts, flumes, and ditches functional;

(2) if a settling basin is used, keep an adequate reserve volume; sediment removed from a settling basin during maintenance operations must be deposited in a location where it is not likely to enter nearby surface waters;

(3) perform road surface maintenance as necessary to minimize erosion of the surface and the subgrade;

(4) during operations, keep the road surface crowned or outsloped, and keep the downhill side of the road free from berms except those intentionally constructed for protection of fill;

(5) when grading on a nonrock-decked bridge, minimize the deposit of road surface material on the bridge surface; and

(6) when grading on a rock-decked bridge, avoid pushing material over the rub rails or through gaps in the bridge surface.

(1) as soon as feasible following termination of active use, keep ditches and drainage structures maintained as necessary to assure water flow and fish passage;

(2) keep the road surface crowned, outsloped, water barred, or otherwise left in a condition not conducive to erosion; and

(3) except as provided in (d) of this section, keep ditches and drainage structures clear and in good repair.

(d) An operator or forest landowner is not subject to the penalties or liable for the monetary damages under AS 41.17 for any damage occurring from a condition brought about by public use of a road, unless an operator or forest landowner fails to make repairs under a directive of the division.

(e) If necessary to prevent significant degradation of surface water quality or fish habitat, the division will, in its discretion, require an operator or forest landowner to perform the following activities:

(1) install additional or larger culverts or other drainage improvements as determined necessary by the division;

(2) provide additional road maintenance;

(3) close an inadequately maintained portion of the road system in accordance with 11 AAC 95.320; and

(4) rehabilitate unstable or erodible exposed soils by a suitable method to minimize siltation of surface waters.

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

Authority: AS 41.17.010

AS 41.17.055

AS 41.17.080

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