Section 11 AAC 95.320 - Road closure(a) For purposes of the road closure requirements of this section, a landing is considered part of a road.(b) A closed road is exempt from maintenance under 11 AAC 95.315. Except as provided in (f) of this section, a road is closed when the following activities have all been completed:(1) a road is outsloped or water barred as directed by the division or is otherwise left in a condition suitable to control erosion;(2) ditches are left in a condition suitable to reduce erosion;(3) in areas accessible to highway vehicles, the road is blocked so that a highway vehicle cannot pass the point of blockage;(4) bridges, culverts, and fills are removed from surface waters, unless the division determines that other measures would provide adequate protection; bridge, culvert, or fill removal must be completed in accordance with (c) of this section.(c) Bridge, culvert, or fill removal under this section must be completed as follows: (1) in fish-bearing waters, bridge, culvert, and fill material must be completely removed from the natural streambed and from within the ordinary high waters marks, except where removal would cause adverse impacts to water quality or fish habitat;(2) after culvert removal is completed, the walls of the remaining trench must be sloped to the angle of repose or otherwise permanently stabilized to prevent erosion of the walls and siltation of surface waters;(3) surplus fill material and bridge stringers must be deposited in a location where they are not likely to re-enter the stream;(4) bridge, culvert, and fill removal must be conducted in accordance with AS 16.05.871.(d) At the conclusion of temporary winter road use, the operator shall close roads as necessary to avoid degradation of water quality and significant erosion of soils and organic material. Techniques for closing temporary winter roads may include creating runoff breaks in snow berms, using slash debris on road surfaces, installing water bars, or using other techniques demonstrated to be effective.(e) If degradation of water quality occurs due to erosion from a closed road, the forest landowner, the operator, or the person responsible for creating the condition shall correct the problem.(f) A road is closed if it was closed to highway vehicles by a permanent barrier before June 10, 1993.Eff. 6/10/93, Register 126; am 6/8/2007, Register 182As of Register 166 (July 2003), and acting under AS 44.62.125(b)(6), the regulations attorney made a technical change to 11 AAC 95.320(c) (4), to reflect Executive Order 107 (2003). Executive Order 107 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Fish and Game to the Department of Natural Resources.
As of Register 186 (July 2008), and acting under AS 44.62.125(b)(6), the regulations attorney made technical changes to 11 AAC 95.320(c) (4), to reflect Executive Order 114 (2008). Executive Order 114 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Natural Resources to the Department of Fish and Game.
Authority:AS 41.17.010
AS 41.17.055
AS 41.17.080
AS 41.17.098