Alaska Administrative Code

Notes 11 AAC 95.800 Eff. 6/10/93, Register 126; repealed 6/24/2004, Register 170 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will…

In computing a period of time under AS 41.17 or this chapter; the day of the act, event, or default from which the period of time applies is not included in the computation. The last day of the period is included, unless it is a Saturday, a Sunday, or a legal holiday in which cas…

When a distance is specified in AS 41.17 or this chapter, the following applies: (1) the distance measured must be horizontal distance rather than slope distance; (2) the distance from a tidal zone is measured from the line of mean higher high water mark; and (3) repealed 11/20/9…

(a) A petroleum product may not be disposed of onto land or into waters. (b) Waste material, such as crankcase oil, fuel, grease, filters, hydraulic fluid and their containers, machine parts, wire rope, oil-contaminated soils, scrap culverts, or similar scrap wastes resulting fro…

On state and municipal forest land in or adjacent to areas of substantial importance to the tourism or recreation industry, an operator shall minimize the visual impact through timber sale design and layout and through post-harvest clean-up of major slash accumulations. Notes 11 …

(a) This section establishes the water quality monitoring requirements for private forest land, state forest land, and other public land as defined in AS 41.17.950. (b) The department, with due deference to the Department of Environmental Conservation, will, in its discretion, in…

Consistent with AS 41.17.047(d) as coordinated by the Board of Forestry, the agencies and the timber industry will review the implementation and effectiveness of AS 41.17 and this chapter, including the best management practices adopted to implement AS 41.17. This review will be …

Except as otherwise provided in AS 41.17 and this chapter, nothing in this chapter alters or diminishes the authority of the Department of Environmental Conservation. Notes 11 AAC 95.835 Eff. 6/10/93, Register 126 Authority:AS 41.17.055 AS 41.17.080 AS 41.17.098 State regulations…

In this chapter, unless the context specifically states otherwise: (1) "active road" means a forest road being actively used for hauling logs, pulpwood, chips, or other major forest products, or rock and other road building materials; (2) "agencies" means the Department of Fish a…

The purpose of this chapter is to manage uses and activities on state public domain land, including shoreland, tideland, and submerged land, in order to minimize adverse effects on the land and its resources. Notes 11 AAC 96.005 Eff. 12/7/2002, Register 164 Authority:AS 38.05.020…

This chapter applies to all land use activities on state land, except (1) activities authorized under any department-administered lease, oil and gas exploration license, contract, or permit that conveys an interest in land, including a coal prospecting permit, offshore prospectin…

(a) On state land, a permit or other written authorization is required for (1) an activity involving (A) the use of explosives and explosive devices, except firearms; (B) uses that are not listed in 11 AAC 96.020 as generally allowed uses; (C) the use of hydraulic prospecting or …

(a) This section lists sites and areas of state land that the department has designated, after public notice under AS 38.05.945, as special use land. The department has determined that these sites and areas of land have special scenic, historic, archeological, scientific, biologi…

(a) This section addresses management of sites and areas of state land, or interests in land, that have been designated under AS 41.23 as public use areas. Unless otherwise provided in (b) of this section, special requirements applicable to designated public use areas are in addi…

(a) Entry will be permitted under 11 AAC 96.020 as a generally allowed use for commercial recreation purposes on a day-use basis with no camp or facility, whether occupied or unoccupied, that remains overnight, and including landing commercial recreation clients on state land by …

(a) A permit or other written authorization is required for uses and activities not appearing on the list in this subsection. Unless otherwise provided in (b) of this section, in a special use land requirement in 11 AAC 96.014, or in a public use area land requirement under 11 AA…

A generally allowed use listed in 11 AAC 96.020 is subject to the following conditions: (1) activities employing wheeled or tracked vehicles must be conducted in a manner that minimizes surface damage; (2) vehicles must use existing roads and trails whenever possible; (3) activit…

(a) An application for a permit under 11 AAC 96.010 must be on a form provided by the department and accompanied by the applicable nonrefundable application fee required by 11 AAC 05. An application that is not complete or otherwise does not comply with this section or other appl…

(a) The department may, upon receipt of the fees required under 11 AAC 05.150(b)(1) and (b)(2), issue a limited non-timber forest product commercial harvest permit without public notice. (b) Repealed 12/27/2012. (c) A limited non-timber forest product commercial harvest permit is…

(a) Issuance of a permit under this chapter is not a disposal of an interest in land, and does not grant a preference right to a lease or other disposal. The permit is revocable for cause for violation of a permit provision or of this chapter, and is revocable at will if the depa…

Notes 11 AAC 96.050 Eff. 1/1/70, Register 32; repealed 12/7/2002, Register 164 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will b…

(a) Unless the department waives the requirement after considering the applicant's history of compliance and the potential risk to the state, the applicant shall furnish security acceptable to the department. The department may accept as security (1) a personal bond accompanied b…

Unless the department waives the requirement after considering the risks associated with the activity planned, the permittee shall secure, and maintain in force during the term of the permit, insurance in the amount and of a type that the department determines necessary to protec…

(a) For a permit with a term of more than one year, the department may require (1) the permittee to file information the department determines necessary to show compliance with the permit at the end of each year's authorized operating period; and (2) operational information from …

Notes 11 AAC 96.080 Eff. 1/1/70, Register 32; repealed 8/6/94, Register 131 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be a…

All operations under 11 AAC 96.010 - 11 AAC 96.150 are subject to inspection by the director. The permittee is not obligated to provide transportation or lodging for inspection personnel. Notes 11 AAC 96.090 Eff. 1/1/70, Register 32 Authority:AS 38.05.020 AS 38.05.035 State regul…

Notes 11 AAC 96.100 Eff. 1/1/70, Register 32; repealed 8/6/94, Register 131 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be a…

An eligible person affected by a decision issued under this chapter may appeal that decision in accordance with 11 AAC 02. Notes 11 AAC 96.110 Eff. 1/1/70, Register 32; am 11/7/90, Register 116; am 9/19/2001, Register 159 Authority:AS 38.05.020 AS 38.05.035 AS 44.37.011 State reg…

Notes 11 AAC 96.120 Eff. 1/1/70, Register 32; repealed 12/7/2002, Register 164 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will b…

Notes 11 AAC 96.130 Eff. 1/1/70, Register 32; am 9/22/95, Register 135; repealed 12/7/2002, Register 164 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More …

Notes 11 AAC 96.140 Eff. 1/1/70, Register 32; am 9/22/95, Register 135; repealed 12/7/2002, Register 164 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More …

(a) A person who violates this chapter or a provision of a permit issued under this chapter is subject to any action available to the department for enforcement and remedies, including revocation of the permit, civil action for forcible entry and detainer, ejectment, trespass, da…

Notes 11 AAC 96.150 Repealed 3/21/81. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

In order to assist the department in managing the leasing, exploration, and development of oil and gas resources underlying state land, and to achieve the purposes of AS 38.05.180(a), the director will, under the following circumstances, require submission of seismic exploration …

All seismic exploration data and stratigraphic test data submitted under this chapter will be kept confidential upon the request of the person supplying the information. This confidentiality requirement is subject to the following provisions: (1) The director will disclose confid…

(a) The state will reimburse the permittee for all reasonable costs directly incurred by the permittee because of the submission of seismic exploration data to the division under 11 AAC 96.210(1). Reimbursable expenditures are the costs of reproduction and shipping related to the…

(a) If, after submission of the seismic exploration data or stratigraphic test data, the permittee determines that errors exist in the data submitted, the permittee shall inform the division of the errors and, as soon as practicable, shall submit any corrected data. (b) The permi…

In this chapter (1) "land use activity" means any use of or entry on state land for any purpose, including but not limited to exploration, hunting, recreation, and access; (2) "director" means the director of the division of lands in the Department of Natural Resources, or an aut…

(a) This chapter applies to the approval of reclamation plans, reclamation bonding, and enforcement of reclamation requirements under AS 27.19 for locatable mineral, leasable mineral, and material mining operations on state, federal, municipal, and private land. AS 27.19 and this…

(a) A miner shall reclaim areas disturbed by a mining operation so that any surface that will not have a stream flowing over it is left in a stable condition. (1) For the purposes of AS 27.19.100(6) and this section, a stable condition that "allows for the reestablishment of rene…

A miner shall remove, dismantle, or otherwise properly dispose of buildings and structures constructed, used, or improved on state land unless the surface owner or manager authorizes that the buildings and structures may stay. A miner shall remove or otherwise properly dispose of…

A miner shall stabilize and properly seal the openings of all shafts, adits, tunnels, and air vents to underground mine workings after mine closure to ensure protection of the public, wildlife, and the environment. Notes 11 AAC 97.220 Eff. 7/30/92, Register 123 Authority: Sec. 2,…

After neutralization of heaps, pads, ponds, and other such facilities has been approved by the appropriate regulatory authority (the Environmental Protection Agency or the Department of Environmental Conservation), a miner shall reclaim the site of a heap leach operation to the s…

A miner shall reclaim a mined area that has potential to generate acid rock drainage (acid mine drainage) in a manner that prevents the generation of acid rock drainage or prevents the offsite discharge of acid rock drainage. Notes 11 AAC 97.240 Eff. 7/30/92, Register 123 Authori…

(a) Continuous use; intermittent use of a material site. A miner shall reclaim a material site in accordance with AS 27.19.020, 11 AAC 97.200, 11 AAC 97.210, and this section as contemporaneously as practicable with the mining. (1) If site conditions permit, a miner shall proceed…

(a) At least 45 days before the proposed start of mining activities, a miner not exempted under AS 27.19.050 must submit to the department, or to the appropriate agency with which the department has entered into a cooperative management agreement, a proposed reclamation plan for …

(a) Before a miner starts a mining operation subject to AS 27.19.030, or if an exempt miner wishes to operate under the provisions of AS 27.19.040(d), the miner must submit a proposed reclamation plan. The proposed plan must be correct and complete to the best of the miner's know…

(a) The commissioner will, in his or her discretion, approve a reclamation plan for any term not to exceed 10 years. If the plan is for more than one year, the commissioner will, in his or her discretion, require the miner to file an annual report that includes the total acreage …

(a) A miner shall ensure that reclamation work complies with an approved reclamation plan. If changing product prices, economics, financing, unanticipated conditions, or suspension of mining operations necessitates a change in the reclamation plan, the miner shall submit an amend…

(a) Until completion of the mining operation, a miner shall keep a copy of the approved reclamation plan, including any approved amendments, at the miner's field office for onsite operations, and shall make the plan available upon request by an authorized representative of the co…