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(a) For purposes of the road closure requirements of this section, a landing is considered part of a road.
(b) A closed road is exempt from maintenance under 11 AAC 95.315. Except as provided in (e) of this section, a road is closed when the following activities have all been completed:
(1) a road is outsloped or water barred as directed by the division or is otherwise left in a condition suitable to control erosion;
(2) ditches are left in a condition suitable to reduce erosion;
(3) in areas accessible to highway vehicles, the road is blocked so that a four-wheeled highway vehicle cannot pass the point of blockage; and
(4) bridges, culverts, and fills are removed from surface waters, unless the division determines other measures would provide adequate protection; bridge, culvert, or fill removal must be completed in accordance with (c) of this section.
(c) Bridge, culvert, or fill removal under (b) of this section must be completed according to the following standards:
(1) in fish-bearing waters, bridge, culvert, and fill material must be completely removed from the natural streambed and from within the ordinary high waters marks, except where such removal would cause adverse impacts to water quality or fish habitat;
(2) after culvert removal is completed, the walls of the remaining trench must be sloped to the angle of repose or otherwise permanently stabilized to prevent erosion of the walls and siltation of surface waters;
(3) surplus fill material and bridge stringers must be deposited in a location where they are not likely to reenter the stream; and
(4) bridge, culvert, and fill removal must be conducted in accordance with AS 41.14.870 .
(d) If degradation of water quality occurs due to erosion from a closed road, the forest landowner, the operator, or the person responsible for creating the condition is required to correct the problem.
(e) A road is closed if it was closed to legal traffic by a permanent barrier before 6/10/93.
History: Eff. 6/10/93, Register 126
Authority: AS 41.17.010
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 95.320(c) (4), 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.
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Last modified 7/05/2006