Sec. 38.04.200. Traditional means of access.

292 words·~1 min read·/ak/title-38/chapter-4/38-04-200

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The commissioner may not manage state land, water, or land and water so that a traditional means of access for traditional outdoor activities is restricted for the purpose of protecting aesthetic values of the land, water, or land and water or is prohibited unless the restriction or prohibition is

(1)for an area of land, water, or land and water that encompasses 640 contiguous acres or less;

(2)temporary in nature and effective cumulatively less than eight months in a three-year period;

(3)for the protection of public safety and public or private property;

(4)for the development of natural resources and a reasonable alternative for the traditional means of access across the land, water, or land and water for traditional outdoor activities on other land, water, or land and water is available and approved by the commissioner; or

(5)authorized by act of the legislature.

(b)In this section,

(1)“aesthetic values” means those values that exist as an expression of the social or cultural viewpoint held by a portion of the population;

(2)“traditional means of access” means those types of transportation on, to, or in the state land, water, or land and water, for which a popular pattern of use has developed; the term includes flying, ballooning, boating, using snow vehicles, operation of all-terrain vehicles, horseback riding, mushing, skiing, snowshoeing, and walking;

(3)“traditional outdoor activities” means those types of activities that people may use for sport, exercise, subsistence, including the harvest of foodstuffs, or personal enjoyment, including hunting, fishing, trapping, gathering, or recreational mining, and that have historically been conducted as part of an individual, family, or community life pattern on or in the state land, water, or land and water.