Alaska Statutes 41.17.118 – Riparian standards for state land

(a) The riparian standards for state land are as follows:

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Terms Used In Alaska Statutes 41.17.118

forest land: means land stocked or having been stocked with forest trees of any size and not currently developed for nonforest use, regardless of whether presently available or accessible for commercial purposes, and includes any such land under state, municipal, or private ownership. See Alaska Statutes 41.17.950
high value resident fish: means resident fish populations that are used for recreational, personal use, commercial, or subsistence purposes. See Alaska Statutes 41.17.950
operations: means timber harvesting or activates associated with timber harvesting or forest development unless exempted under Alaska Stat. See Alaska Statutes 41.17.950
outer bend subject to erosion: means , in Region II, a stream bend that has a cutbank and is opposite a point bar on the inner bend. See Alaska Statutes 41.17.950
point bar: means , in Region II, a ridge or low mound of sediment, often sand or gravel, that has been deposited on the inside of a curve in a stream, where the water velocity is lower. See Alaska Statutes 41.17.950
Region I: means all land in Southeast Alaska, plus all land that is south of the crest of the Chugach Mountains and Saint Elias Mountains and east of a line running from the crest of the Chugach Mountains to O'Malley Peak, then southerly to Gull Rock, then southwesterly to the eastern junction of Skilak Lake Road and the Sterling Highway, then southwesterly to the mouth of the Fox River, then southwesterly through Kachemak Bay to Mt. See Alaska Statutes 41.17.950
Region II: means all land in the state south of the Nutzotin Mountains and Mentasta Mountains, south of the Alaska Range, and east of the Aleutian Range, except for the area within Region I and peninsular and island land south of Cape Kumliun. See Alaska Statutes 41.17.950
Region III: means all land in the state outside of Regions I and II. See Alaska Statutes 41.17.950
riparian area: means
(A) the areas subject to riparian protection standards in Alaska Stat. See Alaska Statutes 41.17.950
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
state forest: means an area designated by the legislature and retained in state ownership in order to
(A) provide a base for sustained yield management of renewable resources. See Alaska Statutes 41.17.950
terrace: means , in Region II, a change in elevation greater than 10 feet for a Type II-A water body or greater than 20 feet for a Type II-B water body, and that has a slope greater than 30 percent. See Alaska Statutes 41.17.950
terrace top break: means , in Region II, the point at which the terrace slope changes to the lower angle slope of the adjacent upland. See Alaska Statutes 41.17.950
Type II-A water body: means , in Region II,
(A) a nonglacial stream greater than 50 feet wide that has anadromous or high value resident fish and that has an unconfined and dynamic channel. See Alaska Statutes 41.17.950
Type II-B water body: means , in Region II, a glacial stream that has anadromous or high value resident fish and that is not a glacial Type II-C water body. See Alaska Statutes 41.17.950
Type II-C water body: means , in Region II, a water body that has anadromous or high value resident fish that
(A) is a nonglacial water body greater than three feet wide and less than or equal to 50 feet wide at ordinary high water mark that has an unconfined and dynamic channel. See Alaska Statutes 41.17.950
Type II-D water body: means , in Region II, a nonglacial stream or a reach of the Kenai River, Kasilof River, or Lake Fork Crescent River that is less than or equal to three feet wide at ordinary high water mark that has anadromous or high value resident fish. See Alaska Statutes 41.17.950
Type III-A water body: means , in Region III, a
(A) nonglacial high value resident fish water body greater than three feet in width at the ordinary high water mark. See Alaska Statutes 41.17.950
Type III-B water body: means , in Region III, a glacial high value resident fish water body or a glacial anadromous water body. See Alaska Statutes 41.17.950
Type III-C water body: means , in Region III, a nonglacial high value resident fish water body that is less than or equal to three feet in width at the ordinary high water mark and that does not contain anadromous fish. See Alaska Statutes 41.17.950

(1) on state forest land managed by the department that is in Region I,

(A) harvest of timber may not be undertaken within 100 feet immediately adjacent to an anadromous or high value resident fish water body;

(B) between 100 and 300 feet from the water body, harvest of timber may occur but must be consistent with the maintenance of important fish and wildlife habitat as determined by the commissioner with due deference to the Department of Fish and Game;

(2) on state forest land managed by the department that is in Region II,

(A) along a Type II-A water body, harvest of timber may not be undertaken within 150 feet of the water body; additionally, harvest of timber may not be undertaken along outer bends subject to erosion within 225 feet of the water body or to the terrace top break, whichever is smaller;

(B) along a Type II-B water body, harvest of timber may not be undertaken within 150 feet of the water body; additionally, harvest of timber may not be undertaken along outer bends subject to erosion within 325 feet of the water body or to the terrace top break, whichever is smaller;

(C) along a Type II-C water body, harvest of timber may not be undertaken within 100 feet of the water body;

(D) along a Type II-D water body, there is a 100-foot riparian area; harvest of timber may not be undertaken within 50 feet of the water body;

(E) the length of the augmented buffer along an outer bend subject to erosion in (A) or (B) of this paragraph must be equal to a distance eight times the stream width measured on a reach between bends at a point not widened by a point bar or channel movement; the augmented buffer must be located so that three stream widths are upstream and five stream widths are downstream of the point opposite the apex of the point bar;

(F) where an estuarine area is adjacent to an anadromous or high value resident fish water body, the riparian retention area for the adjacent water body applies to the estuarine area;

(G) along Type II-A, II-B, II-C, and II-D water bodies, harvest of timber may occur between the landward extent of the riparian retention area and 300 feet from the water body, consistent with the maintenance or enhancement of important wildlife habitat as determined by the commissioner with due deference to the Department of Fish and Game;

(3) on state forest land managed by the department that is in Region III,

(A) along a Type III-A water body, harvest of timber may not be undertaken within 100 feet of the water body; however, between 66 feet and 100 feet from the water body, harvest of timber may be undertaken where consistent with the maintenance of important fish and wildlife habitat as determined by the commissioner with the concurrence of the Department of Fish and Game;

(B) along a Type III-B water body, harvest of timber may not be undertaken within 50 feet of the water body; between 50 feet and 100 feet from the water body, up to 50 percent of standing white spruce trees having at least a nine-inch diameter at breast height may be harvested;

(C) along a Type III-C water body, harvest of timber within 100 feet of the water body must be consistent with the maintenance of important fish and wildlife habitat as determined by the commissioner with due deference to the Department of Fish and Game.

(b) The commissioner may impose additional riparian protection standards for timber harvest operations through the adoption of land use plans under Alaska Stat. § 38.04.065. Within a state forest established under Alaska Stat. § 41.17.200 – 41.17.230, riparian standards adopted by the commissioner under this subsection may not exceed the standards established under (a) of this section unless the commissioner makes a finding of compelling state interest.

(c) In the absence of a site-specific determination by the Department of Fish and Game, the commissioner shall presume for planning purposes that a stream is anadromous if it is connected to anadromous waters that are without Department of Fish and Game documentation of a physical blockage and has a stream gradient of 8 percent or less.

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