(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.

Terms Used In Alaska Statutes 41.17.087

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • forest landowner: means a person who owns forest land, but does not include the owner of mineral or subsurface rights only. See Alaska Statutes 41.17.950
  • operator: means a person who is engaged in timber harvesting or activities associated with timber harvesting or forest development, or who contracts with others to conduct operations for that person, except a person who is engaged in an operation as an employee with wages or piecework as the sole compensation. See Alaska Statutes 41.17.950
  • riparian area: means
    (A) the areas subject to riparian protection standards in Alaska Stat. See Alaska Statutes 41.17.950
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • timber owner: means a person who owns timber on forest land or who has the rights to timber, but does not own the land itself. See Alaska Statutes 41.17.950
  • Type I-A water body: means , in Region I, an anadromous water body that
    (A) is a stream or river of any size having an average gradient of eight percent or less, with banks held in place by vegetation, channels that are not incised, and a substrate composed of rubble, gravel, sand, or silt. See Alaska Statutes 41.17.950
(b) The commissioner 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 commissioner under (b) of this section shall give due deference under Alaska Stat. § 41.17.098.
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