Alaska § 38.05.128 - Obstructions to navigable water.
Full text of Alaska Alaska Statutes § 38.05.128 — Obstructions to navigable water., with citation guidance and answers to common questions.
§ 38.05.128. Obstructions to navigable water.
(a) A person may not obstruct or interfere with the free passage or use by a person of any navigable water unless the obstruction or interference is (1) authorized by law or regulation or by a permit issued by a state agency;
(2) exempt under 33 U.S.C. 1344(f) (Clean Water Act);
(3) caused by the normal operation of freight barging that is otherwise consistent with law; or
(4) authorized by the commissioner after reasonable public notice.
(b) An unauthorized obstruction or interference is a public nuisance and is subject to abatement. The cost of abatement shall be borne by the violator and is in addition to any penalty imposed by the court.
(c) This section may not be construed to affect or abridge valid existing rights.
(d) Free passage or use of any navigable water includes the right to use land below the ordinary high water mark to the extent reasonably necessary to use the navigable water consistent with the public trust.
(e) Free passage or use of any navigable water includes the right to enter adjacent land above the ordinary high water mark as necessary to portage around obstacles or obstructions to travel on the water, provided (1) entry is made without injury or damage to the land;
(2) entry is made in the least obtrusive manner possible;
(3) there is no reasonable alternative available to avoid the use of the adjacent land above the ordinary high water mark; and
(4) the navigable water is reentered immediately below the obstacle or obstruction at the nearest point where it is safe to do so.
(f) A violation of (a) of this section is a class B misdemeanor.
Frequently Asked Questions About Alaska § 38.05.128
What does Alaska Statutes § 38.05.128 cover?
Section 38.05.128 ("Obstructions to navigable water.") is part of the Alaska Statutes, the codified statutory law of Alaska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alaska § 38.05.128?
A common citation format is "Alaska Statutes § 38.05.128" (Alaska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alaska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alaska official source linked on this page or consult a licensed Alaska attorney.
How does Alaska § 38.05.128 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alaska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alaska.