HB 23: "An Act classifying anadromous streams and tributaries; relating to the designation of riparian areas; establishing buffers on certain streams and relating to slope stability standards on certain streams; and requiring retention of low value timber along certain water bodies where prudent."
00HOUSE BILL NO. 23 01 "An Act classifying anadromous streams and tributaries; relating to the designation 02 of riparian areas; establishing buffers on certain streams and relating to slope 03 stability standards on certain streams; and requiring retention of low value timber 04 along certain water bodies where prudent." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 41.17.116(a) is amended to read: 07 (a) Private forest land adjacent to the following types of waters and located in 08 a coastal forest of spruce or hemlock is subject to the riparian protection standards 09 established in this section: 10 (1) along a Type A water body, 11 (A) operations within 100 feet of the stream or to the break 12 of the slope, whichever area is smaller, shall be conducted in compliance 13 with slope stability standards established in regulations adopted under this 14 chapter; and
01 (B) harvest of timber may not be undertaken within 66 feet of 02 the water body; 03 (2) along a Type B water body, 04 (A) [TIMBER HARVEST] operations within 100 feet of the 05 stream or to the break of the slope, whichever area is smaller, shall be 06 conducted in compliance with slope stability standards established in 07 regulations adopted under this chapter; and 08 (B) harvest of timber may not be undertaken within 66 feet 09 of the water body or to the break of the slope, whichever area is smaller; 10 (3) along a Type C water body, 11 (A) [TIMBER HARVEST] operations within 100 feet of the 12 stream or to the break of the slope, whichever area is smaller, shall be 13 conducted in compliance with slope stability standards established in 14 regulations adopted under this chapter; and 15 (B) the operator shall, where prudent, retain low value 16 timber within 25 feet of the stream or to the limit of the area described in 17 (A) of this paragraph, whichever area is greater, where the width of the 18 water body is 19 (i) greater than 13 feet at ordinary high water; or 20 (ii) greater than eight feet at ordinary high water if 21 the channel is incised; 22 (4) along a Type D water body, 23 (A) operations [IN THE AREA] within 50 feet of the stream 24 or to the break of the slope, whichever area is smaller, shall be conducted in 25 compliance with slope stability standards established in regulations adopted 26 under this chapter ; and 27 (B) the operator shall, where prudent, retain low value 28 timber within 25 feet of the stream or to the limit of the area described in 29 (A) of this paragraph, whichever area is greater, where the width of the 30 water body is 31 (i) greater than 13 feet at ordinary high water; or
01 (ii) greater than eight feet at ordinary high water if 02 the channel is incised . 03 * Sec. 2. AS 41.17.116 is amended by adding a new subsection to read: 04 (c) In this section, 05 (1) "low value timber" means timber that the owner or operator 06 determines, at the time of harvest, to be uneconomic to harvest and market; 07 (2) "prudent" means that the requirement can be met using reasonably 08 available means or technology, that complying with the requirement is not likely to 09 create significant impairment of the productivity of the land and water, and that the 10 cost of achieving the requirement is not out of proportion to the benefits that can 11 reasonably be expected to be achieved in the particular situation. 12 * Sec. 3. AS 41.17.950(20) is amended to read: 13 (20) "Type B water body" means an anadromous water body that does 14 not meet the definition of a Type A water body [IS A FISH STREAM OR RIVER 15 OF ANY SIZE HAVING AN AVERAGE GRADIENT OF EIGHT PERCENT OR 16 LESS, A CHANNEL THAT IS INCISED AND CONTAINED BY THE 17 GEOMORPHOLOGY AND NOT BY VEGETATION, AND A SUBSTRATE THAT 18 RANGES FROM RUBBLE TO BEDROCK]; and 19 * Sec. 4. AS 41.17.950(21) is amended to read: 20 (21) "Type C water body" means a water body [STREAM] that is not 21 [TRIBUTARY TO] anadromous , [WATERS AND] that is a tributary to a Type A 22 or Type B water body, and that has a gradient of 12 percent or less [INCISED 23 GREATER THAN 28 DEGREES, HAS AN AVERAGE GRADIENT OF GREATER 24 THAN EIGHT PERCENT, IS NARROWER THAN 20 FEET BETWEEN 25 ORDINARY HIGH WATER MARKS, HAS A SUBSTRATE OF RUBBLE AND 26 BEDROCK, AND IS A MOUNTAIN SLOPE STREAM AT THE UPPER END OF 27 THE WATERSHED]. 28 * Sec. 5. AS 41.17.950 is amended by adding a new paragraph to read: 29 (22) "Type D water body" means a water body that is not anadromous, 30 that is tributary to a Type A or Type B water body, and that has a gradient greater 31 than 12 percent.