On May 21, 2013, the Department of Natural Resources adopted regulations changes in Title 11, Chapter 95 of the Alaska Administrative Code dealing with standards to prevent or minimize adverse impacts of mass wasting on fish habitat and water quality under the Forest Resources and Practices Act. “Mass wasting” refers to landslides and other downslope movements of significant amounts of earth.
The regulations were reviewed and approved by the Department of Law, and signed and filed by the Lieutenant Governor on August 26, 2013. The revised regulations will go into effect on September 25, 2013. They will be printed in Register 207, October 2013 of the Alaska Administrative Code.
A summary of the revised regulations follows.
1. 11 AAC 95.220 will be amended to require forest operators to include information on known unstable areas in a Detailed Plan of Operations. The proposed regulation also provides indicators to help identify unstable areas.
2. 11 AAC 95.290 will be amended to use the terms
a. “unstable slope” to be consistent with other best management practices for forestry, and
b. “unstable fill material” rather than listing specific characteristics.
Definitions for these terms will be added to the definition section in 11 AAC 95.900 to clarify both terms.
3. 11AAC 95.340 will be amended by adding a new subsection that requires forest operators to consider techniques that will minimize soil disturbance on unstable slopes during the planning and design of harvest units.
4. 11 AAC 95.345 will be amended to use the term “unstable slope” to be consistent with other best management practices for forestry. A definition for this term will be added to the definition section in 11 AAC 95.900.
5. 11 AAC 95.360 will be amended by adding a new subsection requiring forest operators to minimize disturbance to soils, understory vegetation, stumps, and roots when operating on unstable slopes.
6. 11 AAC 95.365 will be amended to require forest operators to notify the Division of Forestry before skidding timber or using construction equipment or machinery on unstable slopes.
7. 11 AAC 95.900 will be amended to add new definitions for
a. “unstable fill material” based on organic soils and debris, and soil texture.
b. “unstable slope” based on past history of mass wasting, and the likelihood of future mass wasting.
For a copy of the revised regulations, click the link below, see the Division of Forestry website at http://forestry.alaska.gov/whatsnew.htm, or contact Marty Freeman at DNR Division of Forestry, 550 W. 7th Avenue, Suite 1450, Anchorage, AK 99501 or 907-269-8467.
DATE: September 2, 2013
Martha W. Freeman
DNR Division of Forestry
Board of Forestry Liaison