- Alaska Statutes.
- Title 41. Public Resources
- Chapter 17. Forest Resources and Practices
- Section 87. Variation From Requirements.
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. Permit Applications.
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AS 41.17.087. Variation From Requirements.
- (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 is not likely to occur because of site-specific circumstances relating to the
particular activity and is not likely to cause significant harm to fish habitat or water quality, the state forester
shall agree to the proposed variation. If the state forester does not agree to the proposed variation, a forest
landowner, timber owner, or operator may appeal to the commissioner. The appellants shall conform to the requirement
during the pendency of the appeal.
- (b) The state forester shall adopt regulations that specify the standards under which a variation will be granted for
harvesting timber within the riparian area of
- (1) a low gradient Type I-A water body with a width of five feet or less; and
- (2) other appropriate water body types.
- (c) A determination by the state forester under (a) of this section and regulations by the state forester under (b) of
this section shall give due deference under AS 41.17.098
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