Title 41 — Public Resources
24 chapters · 391 sections in this title.
AS 41.17.010 Declaration of intent.
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The legislature declares that (1) the forest resources of Alaska are among the most valuable natural resources of the state, and furnish timber and wood products, fish and wildlife, tourism, outdoor recreation, water, soil, air, minerals, and general health and welfare; (2) econo…
AS 41.17.020 Division of forestry and fire protection established.
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(a) The governor may establish, within the department, a division of forestry and fire protection to carry out this chapter and other appropriate duties designated by the governor. (b) The division shall be headed by a director who shall be the state forester, appointed to the pa…
AS 41.17.030 Responsibilities of division.
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(a) The division shall manage state forests and, as directed by the commissioner, provide technical advice to the division of lands on sound forest practices necessary to ensure the continuous growing and harvesting of commercial forest species on other state land. (b) The divisi…
AS 41.17.041 Board of Forestry.
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(a) The Board of Forestry is established in the division. (b) The board is composed of nine members appointed by the governor: (1) a representative of a commercial fishermen's organization; (2) a representative of a Native corporation established under 43 U.S.C. 1601 et seq. (Ala…
AS 41.17.043 Terms of office.
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The term of office of a member of the board is three years. The state forester serves an indefinite term, ex officio.
AS 41.17.045 Removal of members.
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(a) The governor may initiate the removal of a board member for inefficiency, neglect of duty, or misconduct in office by delivering to the member a written copy of the charges and giving the member an opportunity to be heard in person or by counsel at a public hearing before the…
AS 41.17.047 Powers and duties of board.
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(a) The board shall review and comment to the commissioner on regulations proposed for adoption under this chapter. (b) The board shall provide a forum for representatives of affected interests to discuss and attempt to resolve issues relevant to this chapter and to the forest re…
AS 41.17.055 Powers and duties of the commissioner.
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(a) The commissioner may designate and operate experimental and research forests on state land consistent with the limitations of AS 38.05.300. Laboratories and other facilities may be employed in conjunction with those forests. (b) The commissioner may establish and maintain for…
AS 41.17.060 Regulatory and administrative standards.
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(a) All regulations, administrative actions, and other activities and duties undertaken under this chapter shall be in full accordance with the standards set out in this section. (b) With respect to state, municipal, and private forest land, the following standards apply: (1) to …
AS 41.17.070 Administrative plan and report.
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(a) The commissioner shall develop and continually maintain a long-range plan for the administration of this chapter that demonstrates that the provisions of AS 41.17.010 are being recognized and that the standards of AS 41.17.060 are being met. The commissioner shall maintain a …
AS 41.17.080 Regulations.
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(a) The commissioner may adopt regulations necessary to accomplish the purposes of this chapter under AS 44.62 (Administrative Procedure Act) regarding forest practices such as (1) road construction and maintenance, including (A) road location, construction, maintenance, and post…
AS 41.17.081 Civil immunity.
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(a) Notwithstanding other provisions of law, a person may not bring a civil action for damages for death, personal injury, or property damage that results from an act or omission in performing or failing to perform activities or duties arising out of prevention, monitoring, contr…
AS 41.17.082 Control of infestations and disease.
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(a) All forest clearing operations and silvicultural systems shall be designed to reduce the likelihood of increased insect infestation and disease infections that threaten forest resources. (b) A forest landowner may not conduct or approve timber clearing activities that create …
AS 41.17.083 Clearing of forest land for non-timber purposes.
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A state agency, municipality, or public utility shall determine whether the timber to be removed has significant salvage value before approving or conducting clearing of forest land for purposes other than timber harvest. If the timber has significant salvage value, the agency or…
AS 41.17.085 Permit applications.
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(a) [Repealed, § 4, ch 23 SLA 2003.] (b) Where practicable and desirable, the commissioner may enter into cooperative agreements with federal agencies authorizing the department to serve as a collection point for federal permit applications.
AS 41.17.087 Variation from requirements.
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(a) A forest landowner, timber owner, or operator may propose for a particular activity a variation from a requirement imposed by this chapter or the regulations adopted under this chapter. If the state forester determines that the harm intended to be avoided by the requirement i…
AS 41.17.090 Notification of plans to harvest timber.
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(a) Operations on forest land shall be reviewed under this section for consistency with the policies and provisions of this chapter and regulations adopted under this chapter. (b) A forest landowner, timber owner, or operator may provide to the commissioner a voluntary plan of op…
AS 41.17.098 Interagency coordination and reevaluation.
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(a) In administering this chapter, the commissioner shall coordinate with other agencies that have jurisdiction over activities subject to regulation under this chapter. (b) In a review or implementation of a detailed plan of operations under AS 41.17.090 and in a decision on a p…
AS 41.17.100 Deployment of broadcast chemicals.
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The commissioner of environmental conservation, in consultation with the commissioner, shall formulate necessary plans and measures to ensure that application of broadcast chemicals and other substances foreign to the state's forest ecosystem do not lead to results contrary to th…
AS 41.17.110 Conversion of forest land to other uses.
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Article 2. Riparian Management. An intention to convert forest land to other uses after timber harvesting may be stated in the notification submitted under AS 41.17.090. In that event, reforestation requirements adopted under this chapter do not apply, except that conversion shal…
AS 41.17.115 Management of riparian areas; regulations.
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(a) The commissioner shall protect riparian areas from the significant adverse effects of timber harvest activities on fish habitat and water quality. The management intent for riparian areas is the adequate preservation of fish habitat by maintaining a short- and long-term sourc…
AS 41.17.116 Riparian standards for private land.
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(a) Private forest land adjacent to the following types of water and located in Region I is subject to the riparian protection standards established in this subsection: (1) along a Type I-A water body, (A) operations within 100 feet of the water body or to the break of the slope,…
AS 41.17.118 Riparian standards for state land.
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(a) The riparian standards for state land are as follows: (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 …
AS 41.17.119 Minimum riparian standards for other public land.
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Article 3. Enforcement. The riparian standards for other public land are as follows: (1) in Region I, harvest of timber may not be undertaken within 100 feet of an anadromous or high value resident fish water body; (2) in Region II, the standards are the same as for state land un…
AS 41.17.120 Inspections and investigations.
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The commissioner may inspect and investigate forest land and activities on it and may enter upon it in conjunction with any operations as necessary to ensure compliance with applicable regulations and requirements and to otherwise enforce the provisions of this chapter. Other sta…
AS 41.17.125 Enforcement coordination.
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All state agencies with enforcement authority over an activity subject to regulation under this chapter shall establish a uniform enforcement strategy that avoids duplication and inconsistencies. All participating agencies shall agree to and comply with the contents of the unifor…
AS 41.17.131 Penalties for violations.
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(a) An operator, forest landowner, or timber owner who violates or permits a violation of this chapter, a regulation adopted under this chapter, a directive issued under AS 41.17.136, or a stop work order issued under AS 41.17.138 is liable, after notice and hearing, for a civil …
AS 41.17.133 Secs. 41.17.133 , 41.17.135. Notice and hearing; final orders; civil fines. [Repealed, § 33 ch 34 SLA 1990.]
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[Repealed or reserved.]
AS 41.17.136 Directives.
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(a) Upon a determination that a planned or ongoing activity violates or would violate this chapter or a regulation adopted under it, the state forester shall notify the respondent in writing and direct the respondent to halt or avoid the violation or to repair or correct any dama…
AS 41.17.137 Temporary orders. [Repealed, § 33 ch 34 SLA 1990.]
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[Repealed or reserved.]
AS 41.17.138 Stop work orders.
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(a) Upon a determination that a violation of this chapter or a regulation adopted under it is occurring or is likely to occur and that significant harm to public resources is likely to occur if work is not halted before a hearing can be held, the state forester may issue a stop w…
AS 41.17.139 Hearing procedures.
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(a) Unless otherwise specified, proceedings under AS 41.17.131 — 41.17.139 are not subject to AS 44.62 (Administrative Procedure Act). A hearing under AS 41.17.136 or 41.17.138 shall be held before the state forester, a regional forester, or another employee of the division with …
AS 41.17.141 Enforcement of orders. [Repealed, § 33 ch 34 SLA 1990.]
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[Repealed or reserved.]
AS 41.17.143 Appeals and judicial review.
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Article 4. State Forest System. (a) A decision by a hearing officer under AS 41.17.136 or 41.17.138 or by the commissioner under AS 41.17.082(b), 41.17.087, or 41.17.131(a) constitutes final agency action that may be appealed to the superior court within 30 days after it is issue…
AS 41.17.200 State forest purposes and management.
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(a) The purpose of AS 41.17.200 — 41.17.230 is to permit the establishment of designated state-owned or acquired land and water areas as state forests. The primary purpose in the establishment of state forests is timber management that provides for the production, utilization, an…
AS 41.17.210 State forests.
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(a) The governor may propose to the legislature the establishment of state forests consisting primarily of commercially valuable forest land determined by the governor to be necessary for retention in state ownership for management under the principles of multiple use and sustain…
AS 41.17.220 Management of state forests.
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Land within a state forest or within a unit of a state forest shall be managed under (1) the sustained yield principle; (2) this chapter; (3) a forest management plan prepared by the department; and (4) if applicable, a carbon offset project undertaken by the department under AS …
AS 41.17.230 Management plans.
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Article 5. State Land Reforestation. (a) The commissioner shall prepare a forest management plan consistent with AS 38.04.005 and this chapter for each state forest and for each unit of a state forest to assist in meeting the requirements of this chapter. An operational level for…
AS 41.17.300 State land reforestation fund.
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A state land reforestation fund is established in the department. The money in the state land reforestation fund may be used only for the reforestation of state land, including site preparation, seed and seedling acquisition and cultivation, planting, and other reforestation meas…
AS 41.17.310 Appropriations to state land reforestation fund.
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(a) The state land reforestation fund consists of money appropriated by the legislature and contributions from private donors. It is the intent of the legislature that the appropriations made to the fund equal no less than 25 percent of the revenues from the sale of timber and ot…
AS 41.17.320 Report.
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Article 6. State Forests. The commissioner shall prepare an annual report on the uses of the money in the state land reforestation fund, the proposed uses of the fund in the following fiscal year, and the balance in the fund. The commissioner shall notify the legislature within t…
AS 41.17.400 Tanana Valley State Forest.
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(a) Subject to valid existing rights and except for land owned by or transferred to the University of Alaska under a settlement agreement between the state and the university, the state-owned or acquired land and water lying within the parcels described in (d) of this section is …
AS 41.17.500 Southeast State Forest.
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Article 7. Lumber Grading. (a) Subject to valid existing rights, the state-owned or acquired land and water lying within the parcels described in (d) and (e) of this section is designated as the Southeast State Forest. (b) The commissioner shall prepare a management plan for the …
AS 41.17.610 Lumber grading training program.
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(a) The division shall establish a lumber grading training program to train mill operators to grade lumber. (b) The training program must be offered at least once each year. (c) The division shall prescribe the (1) content of the training program; (2) qualifications for instructo…
AS 41.17.620 Lumber grading certificates.
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(a) The division shall issue a lumber grading certificate to an individual who successfully completes the lumber grading training program established under AS 41.17.610. A certificate expires five years after the date of issuance. A certificate must include the date of issuance a…
AS 41.17.630 Use of graded and certified lumber.
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Article 8. General Provisions. (a) Load-bearing dimensional lumber graded and certified in accordance with this section may be used in one-, two-, and three-family dwellings in this state. (b) Load-bearing dimensional lumber graded and certified under this section must be milled …
AS 41.17.900 Applicability of chapter; relationship to other law.
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(a) Unless otherwise specified, this chapter applies to forest land under state, municipal, or private ownership. (b) For federal land, the degree of resource protection may not be less than that established by this chapter for state land except that AS 41.17.119 establishes the …
AS 41.17.905 Independent authority. [Repealed § 38, E.O. No. 114 (2008).]
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[Repealed or reserved.]
AS 41.17.910 Wildlife habitat on private land.
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(a) The Department of Fish and Game and the commissioner shall work cooperatively with private forest landowners and timber owners to protect, maintain, and enhance wildlife habitat to the maximum extent practicable, consistent with the interests of the owners in the use of their…
AS 41.17.950 Definitions.
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In this chapter, unless the context otherwise requires, (1) “anadromous water body” means the portion of a fresh water body or estuarine area that (A) is cataloged under AS 16.05.871 as important for anadromous fish; or (B) is not cataloged under AS 16.05.871 as important for ana…