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2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 25. Utilities, Advertising, Encroachments, and Memorials › Article 3. Encroachments in Highways. › Sec. 19.25.240. Summary removal.

The department may at any time remove from a state highway or road an encroachment that obstructs or prevents the use of the highway or road by the public.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 25. Utilities, Advertising, Encroachments, and Memorials › Article 3. Encroachments in Highways. › Sec. 19.25.250. Removal after noncompliance; removal expense.

After a failure of the owner of an encroachment to comply with a notice or demand of the department under the provisions of AS 19.25.200, 19.25.210 and 19.25.230, the department may remove, or cause to be removed, the encroachment, and the owner of the encroachment shall pay to the department
(1) the expenses of the removal of the encroachment;
(2) all costs and expenses paid by the state as a result of a claim or claims filed against the state by third parties for damages due to delays because the encroachment was not changed, removed, or relocated according to the order of the department; and
(3) costs and expenses of suit.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 25. Utilities, Advertising, Encroachments, and Memorials › Article 4. Roadside Memorials. › Sec. 19.25.260. Roadside memorials permitted.

(a) Notwithstanding AS 19.25.090, 19.25.105, and 19.25.200, a person may, for a period of not more than two years, place in the right-of-way but outside of the traveled way of a state highway a temporary memorial for a decedent who died as a result of a traffic accident, or other incident in the right-of-way, at or reasonably near the site where the memorial is located.
(b) A memorial must not interfere with the use of the highway, with other uses of the right-of-way, with the visibility of directional and other official signs and notices, or with highway safety, construction, or maintenance.
(c) The person who places a memorial in the right-of-way of a state highway shall
(1) post the person's contact information on the memorial;
(2) inform the department of the location within seven days of placement of the memorial; and
(3) provide the person's contact information to the department.
(d) A person may not place a political or commercial message on a memorial.
(e) A person may not place reflective material or another item on a memorial if that material or item would be distracting to drivers and other users of the right-of-way.
(f) The state is not liable for damage to, or damage or injury resulting from the presence of, a memorial in the right-of-way of a state highway.
(g) In this section, “memorial” means decorations, flags, flowers, and other lightweight objects or ornamentation commonly used at funerals or at gravesides as a tribute to a decedent.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 25. Utilities, Advertising, Encroachments, and Memorials › Article 4. Roadside Memorials. › Sec. 19.25.270. Relocation or removal of memorial.

(a) If, incidental to the construction or maintenance of a state highway, the department determines that a memorial authorized by AS 19.25.260 must be changed, relocated, or removed, the person who placed the memorial within the right-of-way shall change, relocate, or remove the memorial at no expense to the state within a reasonable time set by the department. If the owner does not change, relocate, or remove a memorial within the time set by the department, the memorial is an unauthorized encroachment and subject to the provisions of AS 19.25.230 - 19.25.250.
(b) If a memorial in the right-of-way of a state highway does not comply with the requirements of AS 19.25.260, the memorial is an unauthorized encroachment. The department may require removal of the encroachment in the manner provided in AS 19.25.230 - 19.25.250.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 27. Junk Yards › Sec. 19.27.010. Purpose.

For the purpose of promoting the public safety, health, welfare, convenience, and enjoyment of public travel, to protect the public investment in public highways and other roads maintained by the state, and to preserve and enhance the scenic beauty of land bordering public highways and other roads maintained by the state, it is declared to be in the public interest to regulate and restrict junk yards in areas adjacent to the interstate, primary, and secondary systems within this state and other roads maintained by the state. The legislature finds and declares that junk yards that do not conform to the requirements of this chapter are public nuisances.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 27. Junk Yards › Sec. 19.27.020. Limitations of junk yards.

A person may not establish, operate, or maintain a junk yard, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any interstate, primary or secondary highway or other road maintained by the state, except the following:
(1) those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the interstate and primary systems or other roads maintained by the state, or otherwise removed from sight;
(2) those located within areas which are zoned for industrial use under authority of law;
(3) those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by regulations to be adopted by the department.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 27. Junk Yards › Sec. 19.27.030. Junk yards lawfully in existence.

(a) A junk yard lawfully in existence on August 6, 1968, that is within 1,000 feet of the nearest edge of the right-of-way and visible from the main-traveled way of any highway on the interstate or primary system shall be screened, if feasible, so as not to be visible from the main-traveled way of the highways.
(b) A junk yard lawfully in existence on July 1, 1970, that is within 1,000 feet of the nearest edge of the right-of-way and visible from the main-traveled way of any highway on the secondary system, or a junk yard lawfully in existence on September 14, 1976, that is within 1,000 feet of the nearest edge of the right-of-way and visible from the main-traveled way of a road maintained by the state, shall be screened, if feasible, so as not to be visible from the main-traveled way of the highway.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 27. Junk Yards › Sec. 19.27.035. Screening by department; lien.

(a) If the owner or operator of a junk yard does not screen the yard under AS 19.27.030, and the department has not determined that screening would be unfeasible, the department may screen the yard. The owner or operator shall reimburse the department for the costs of the labor and materials necessary for the screening.
(b) The state has a lien for the costs referred to in (a) of this section on the junk and the land on which the junk yard is located, after recording a claim of lien in the office of the recorder for the district in which the property is located.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 27. Junk Yards › Sec. 19.27.050. Authority to acquire property interests for removal or screening of junk yards.

When the department determines that the topography of the land adjoining the highway or the road maintained by the state will not permit adequate screening of those junk yards lawfully in existence as provided in AS 19.27.030 or the screening of the junk yards would not be economically feasible, the department may acquire by gift, purchase, exchange, or condemnation, property interests necessary to secure the removal of the junk yards, and the department shall pay just compensation to the owner for the property. When the department determines that it is in the best interests of the state, it may acquire land, or interests in land, necessary to provide adequate screening of junk yards.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 27. Junk Yards › Sec. 19.27.080. Injunction.

At the request of the department the attorney general may institute a civil action in superior court to abate a junk yard that is a nuisance as defined in this chapter. In the proceedings the court shall determine whether the junk yard is a nuisance as defined in this chapter and shall enter judgments or decrees it considers necessary to abate the nuisance. A civil action under this section shall be brought in the superior court in the judicial district in which the junk yard is located.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 27. Junk Yards › Sec. 19.27.100. Agreements with the United States.

The department may enter into agreements in conformity with this title with the United States Secretary of Transportation as provided by 23 U.S.C., relating to the control of junk yards in areas adjacent to the interstate and primary systems, and take action in the name of the state to comply with the terms of the agreements.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 27. Junk Yards › Sec. 19.27.110. Definitions.

In this chapter,
(1) “automobile graveyard” means an establishment or place of business which is maintained, used, or operated primarily for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts;
(2) “interstate system” means that portion of the National System of Interstate and Defense Highways located in this state, as officially designated, or as may hereafter be so designated, by the commissioner and approved by the United States Secretary of Transportation (or by the United States Secretary of Commerce before the effective date of the transfer of functions under Public Law 89-670 [80 Stat. 931]), under the provisions of 23 U.S.C;
(3) “junk” means used or scrap rope, rags, batteries, paper, trash, rubber, debris or waste, junked, dismantled, or wrecked automobiles, or parts thereof, or used or scrap iron, steel, copper, brass, and other ferrous or nonferrous metals;
(4) “junk yard” means an establishment or place of business, private or public, which is maintained, operated, or used primarily for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term includes garbage dumps and sanitary fills;
(5) “primary system” or “secondary system” means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the commissioner, and approved by the United States Secretary of Transportation (or by the United States Secretary of Commerce before the effective date of the transfer of functions under Public Law 89-670 [80 Stat. 931]), under the provisions of 23 U.S.C.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 1. Roads to Areas Rich in Mineral Resources. › Sec. 19.30.020. Purpose.

The purpose of AS 19.30.020 - 19.30.051 is to facilitate the commercial development of mineral resources, except oil and gas, by authorizing funds to participate in construction of developmental access roads into areas where mining prospects of valid commercial promise are inaccessible to truck haulage. These access roads are to be constructed as rudimentary truck roads and to standards that can be readily improved for general public use. It is the intent of the state to participate with mineral resource developers up to 50 percent for the cost of construction and maintenance of developmental access roads under AS 19.30.020 - 19.30.051.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 1. Roads to Areas Rich in Mineral Resources. › Sec. 19.30.030. Commissioner of natural resources to approve application.

(a) The commissioner of natural resources may approve applications for construction of developmental access roads under AS 19.30.020 - 19.30.051.
(b) A request for construction assistance shall be submitted to the commissioner of natural resources by the resource developer, setting out the scope of the development and the resources to be developed.
(c) The commissioner of natural resources shall review the application and, if found feasible and participating funds are available, may enter into a contract in which the state will participate with the applicant in the cost of construction of the road, up to $50,000 or up to 50 percent of the cost, whichever is lower; however, the applicant shall pay for all right-of-way acquisition.
(d) For purposes of (c) of this section, “cost of construction” includes, in addition to costs directly related to the project, the sum total of all costs of financing and carrying out the project. These include, but are not limited to, the costs of all necessary studies, surveys, plans and specifications, architectural, engineering or other special services, acquisition of real property, site preparation and development, purchase, construction, reconstruction, and improvement of real property and the acquisition of machinery and equipment as may be necessary in connection with the project; an allocable portion of the administrative and operating expenses of the grantee; the cost of financing the project, including interest on bonds issued to finance the project; and the cost of other items, including any indemnity and surety bonds and premiums on insurance, legal fees, fees and expenses of trustees, depositaries, financial advisors, and paying agents for the bonds issued as the issuer considers necessary.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 1. Roads to Areas Rich in Mineral Resources. › Sec. 19.30.040. Construction and maintenance.

(a) Upon approval of an application and agreement as to state participation, the applicant resource developer shall submit to the commissioner of natural resources road plans and specifications for the standard of construction the applicant believes to be necessary to develop the mineral resource and protect the fish and game resources that may be affected by the road construction. Plans and specifications submitted by each applicant shall be forwarded by the commissioner of natural resources to the commissioner of transportation and public facilities and the commissioner of fish and game and, upon approval by them, the applicant may proceed with construction.
(b) The applicant shall be allowed credit for the use of the applicant's workers and equipment or those of the applicant's contractor as the applicant's share of cost participation. The applicant must submit documentation satisfactory to the commissioner of transportation and public facilities to support the applicant's participation for this credit.
(c) If the total cost of the road is less than the original estimate, the state shall match only half of the actual cost.
(d) If the total cost of the road is greater than the original estimate, the applicant resource developer shall be responsible for all costs in excess of the agreed upon state participation.
(e) The road becomes the property of the state, and, so long as the road is used by the applicant resource developer, is open to public use, and the applicant shall bear one-half the cost of maintenance.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 1. Roads to Areas Rich in Mineral Resources. › Sec. 19.30.045. Canadian minerals.

The state may elect, at the joint discretion of the commissioners of transportation and public facilities and natural resources, to authorize participation in a similar manner to that authorized in AS 19.30.020 - 19.30.040, in construction and maintenance of developmental access roads to the state border for the development of mineral resources that are in adjacent Canadian land if access roads are the most feasible way of developing those mineral resources, and if it is considered by the commissioners to be in the interest of the state to construct the roads; however, the state may participate up to $50,000, or up to one-third of the cost of construction and of the maintenance of these roads in the state, whichever is lower.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 2. Roads to State Land Programmed for Surface Disposal. › Sec. 19.30.060. Purpose.

It is the purpose of AS 19.30.060 - 19.30.100 to provide access to state land that is programmed for surface disposal, and to provide access roads at the lowest possible cost.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 2. Roads to State Land Programmed for Surface Disposal. › Sec. 19.30.070. Contracts for construction of roads.

The director of the division of lands may contract with private persons for the construction of roads to and on state land programmed for surface disposal that are not more than six miles from existing roads or highways. Contracts under this section are governed by AS 36.30 (State Procurement Code).
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 2. Roads to State Land Programmed for Surface Disposal. › Sec. 19.30.080. Construction standards and maintenance.

An access road constructed under AS 19.30.060 - 19.30.100 shall be of low standard, not necessarily suitable for all weather use. The state is not under obligation to maintain an access road constructed under AS 19.30.060 - 19.30.100. If an access road is constructed outside a municipality that has zoning ordinances, the right-of-way width for the road shall be determined by the division of lands and the Department of Transportation and Public Facilities. If an access road is constructed within the boundaries of a municipality that has zoning ordinances, the right-of-way width shall conform to the subdivision control ordinances of the municipality. Contracts for the work on an access road are governed by AS 36.30 (State Procurement Code).
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 2. Roads to State Land Programmed for Surface Disposal. › Sec. 19.30.090. Payment of construction costs in land credit certificates.

The cost of constructing access roads to state land shall be paid in freely transferable land credit certificates which may be applied toward the purchase or lease of any state land under the jurisdiction of the division of lands, except tide, submerged, and shoreland and land belonging to the state which have been obtained by escheat, purchase, or any means other than by general land grant. A land credit certificate is valid for a period of 20 years after issue. After the expiration of 20 years from date of issue the holder may not start an action against the state or any person based upon the certificate. The method of disposing of land and resources and restrictions upon their disposal established by law or regulation are in no way affected by the use of land credit certificates.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 3. Local Service Roads and Trails. › Sec. 19.30.111. Purpose.

It is the purpose of AS 19.30.111 - 19.30.251 to provide for the acquisition and construction of local service roads and trails that are not included in the approved federal-aid primary highway systems eligible for federal-state matching funds.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 3. Local Service Roads and Trails. › Sec. 19.30.127. Allocation districts.

The state is divided into five allocation districts as follows:
(1) The boundary of allocation district one begins in Kamishak Bay at 59° 15´ N, 154° 00´W; and travels north along longitude line 154° 00´W to latitude 63° 00´N; thence east along latitude line 63° 00´N to a point common with the boundaries of allocations districts two and five; southerly of the Denali Highway at Corkscrew Creek (Milepost 59.1); thence southerly to Prince William Sound at Fairmount Point 60° 53´45" N, 147° 27´W and inclusive of Kodiak, Afognak, Barren, Trinity, and Chirikof Islands.
(2) The boundary of allocation district two begins at and includes the point at which the Alaska Highway intersects the Alaska-Yukon border; travels northwesterly to the west abutment of the Little Tok River Bridge on Tok Cutoff Highway (Milepost 91.2); thence west to the northerly abutment of the McCallum Creek Bridge on the Richardson Highway (Milestone 202.4); thence west to a point directly north of the Denali Highway at Corkscrew Creek (Milepost 59.1); thence southwesterly to the Glenn Highway at Summit (Milepost 118) and continuing along that line to latitude 63° 00´N; thence west along latitude 63° 00´N; to longitude 154° 00´W; thence north along longitude 154° 00´W to the Arctic Ocean.
(3) The boundary of allocation district three begins in the Gulf of Alaska on longitude line 141° 00´W; thence north along longitude 141° 00´W to Boundary Point 187; thence southeasterly along the Canadian-United States border bounding Southeastern Alaska in its entirety.
(4) The boundary of allocation district four begins in the Arctic Ocean at Smith Bay 70° 54´N, 154° 19´W; on longitude line 154° 00´W; travels south along longitude 154° 00´W to latitude 59° 15´N in Kamishak Bay; thence east along latitude 59° 15´N to longitude 152° 15´W; thence southwesterly through Shelikof Strait and bounds of the entire Aleutian Chain.
(5) The boundary of allocation district five begins at the Gulf of Alaska on longitude line 141° 00´W and travels northerly along that line to the point (but not including the point) at which Alaska Highway intersects the Alaska-Yukon border; thence northwesterly to the west abutment of the Little Tok River Bridge on the Tok Cutoff Highway (Milepost 91.2); thence west to the northerly abutment of McCallum Creek Bridge on the Richardson Highway (Milepost 202.40; thence west to the point directly north of Denali Highway at Corkscrew Creek (Milepost 59.1); thence southwesterly to the Glenn Highway at Summit (Milepost 118); thence southerly to Prince William Sound at Fairmount Point 60° 53´45"N, 147° 27´W.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 3. Local Service Roads and Trails. › Sec. 19.30.131. Allocation of funds.

(a) During each fiscal year the commissioner shall allocate sums appropriated or otherwise designated for expenditure upon local service roads for that fiscal year among the five allocation districts in the following manner: one-half in the ratio that the area of each allocation district bears to the total area of the state and one-half in the ratio that the population of each allocation district bears to the total population of the state as shown by the latest available federal or state census or other census approved by the Department of Commerce, Community, and Economic Development.
(b) The commissioner shall also further allocate the sums in each allocation district to the boroughs and unified municipalities within each allocation district in the following manner: one-half in the ratio that the area of each organized borough or unified municipality (excluding salt water areas) within that district bears to the total area of the allocation district and one-half in the ratio that the population of each organized borough area or each unified municipality within that district bears to the total population of the allocation district as shown by the latest available federal or state census or other census approved by the Department of Commerce, Community, and Economic Development.
(c) The commissioner shall also further allocate portions of the sum allocated to any organized borough and to any home rule city within the organized borough in the following manner:
(1) one-half in the ratio that the area of each home rule city bears to the total area of the organized borough excluding salt water areas; and
(2) one-half in the ratio that the population of each home rule city bears to the total population of the organized borough as shown by the latest available federal or state census or other census approved by the Department of Commerce, Community, and Economic Development.
(d) The sums not allocated within each district to a local government under (b) and (c) of this section shall be allocated to the unorganized borough and administered by the department.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 3. Local Service Roads and Trails. › Sec. 19.30.141. Acquisition and construction programs.

Before October 1 of each fiscal year each local government eligible for allocation of funds under AS 19.30.131 shall submit to the commissioner for approval a five-year plan for the acquisition and construction of local service roads and trails. Before December 1 of each fiscal year the commissioner shall submit to the governor a five-year plan for the acquisition and construction of local service roads and trails, including the approved local government programs. An organized borough shall include in its five-year plan local service road acquisition and construction programs for all cities other than home rule cities within the boundaries of the borough. The commissioner shall include in the five-year plan local service road and trail acquisition and construction within the unorganized borough.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 3. Local Service Roads and Trails. › Sec. 19.30.151. Local government participation.

(a) Upon application by a local government, local service roads and trails constructed under the provisions of AS 19.30.111 - 19.30.241 and located within the jurisdictional boundaries of a local government may be transferred to that local government upon approval by the department and after a vote of the people in the area.
(b) The commissioner shall, upon request of a local government, transfer funds allocated under AS 19.30.131 to any local government that has assumed local road powers for project cost amounts and contract award amounts submitted to the commissioner.
(c) AS 19.30.111 - 19.30.241 do not prohibit a local government from participating financially in the acquisition and construction of a local service road or trail.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 3. Local Service Roads and Trails. › Sec. 19.30.161. Design standards, rights-of-way, and widths.

Design standards, rights-of-way, and widths for each local service road and trail project must have the prior approval of the commissioner, unless the project is under the supervision of a local government that has assumed local road powers. Where approval is required the commissioner must make a decision within 90 days after the Department of Transportation and Public Facilities' receipt of the local government's request. If the project is under the supervision of a local government that has assumed road powers and the project is not located on a federal-aid secondary route, design standards, rights-of-way, and widths shall be established by the local government. If a project under the supervision of a local government that has assumed road powers is located on a federal-aid secondary route, design standards, rights-of-way, and widths must have the prior approval of the commissioner.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 3. Local Service Roads and Trails. › Sec. 19.30.171. Acquisition and conveyance of rights-of-way.

(a) The local government shall acquire all rights-of-way required for local service road and trail construction. However, if the local government is unable to acquire the necessary right-of-way, the commissioner may acquire it in accordance with AS 19.05.080 - 19.05.120. The commissioner may convey to the local government, by appropriate instrument executed in the name of the state, any land or interest in land which has been acquired by the state for the construction of local service roads or trails.
(b) The costs incurred by the commissioner in acquiring this land or interest in land includes all costs and any fees incidental to acquisition. All costs incurred in connection with the acquisition of the land or interest in land for local governments that have assumed local road powers shall be charged to the project allocation for which the land or interest in land is acquired. Right-of-way acquisition costs incurred by the commissioner for local governments without local road powers under AS 19.30.151(a) shall be charged to the project allocation for the local government for which the land or interest in land is acquired.
(c) When rights-of-way for local service roads are acquired over land or interest in land owned by the state, the commissioner may make arrangements with the department having jurisdiction over the land as may be necessary to give the local government adequate rights-of-way, and any department having jurisdiction is directed to transfer the jurisdiction of the land to the commissioner.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 3. Local Service Roads and Trails. › Sec. 19.30.191. Letting of contracts.

(a) [Repealed, § 15 ch 158 SLA 1980.]
(b) Contracts entered into by a local government that has assumed local road powers for the construction of each project shall be awarded only on the basis of the lowest responsible bid submitted by a bidder meeting established criteria of responsibility.
(c) All contracts by a local government that has not assumed local road powers must have the prior concurrence of the commissioner. The commissioner may delegate the power to approve contracts to a local government that has assumed local road powers for the acquisition and construction of local service roads and trails.
(d) Except as provided in (b) and (c) of this section and in AS 44.33.300, construction of each project shall be administered by the department in accordance with guidelines established by the commissioner by regulation.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 3. Local Service Roads and Trails. › Sec. 19.30.201. Construction.

Except as provided under AS 19.30.161, the construction of a local service road or trail undertaken by the department or under its direct supervision under the provisions of AS 19.30.111 - 19.30.241 shall be performed according to approved design standards and is subject to the inspection and approval of the commissioner. All construction work done and labor performed by or under the direct supervision of the department shall be in accordance with applicable state law.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 3. Local Service Roads and Trails. › Sec. 19.30.211. Maintenance.

(a) The department shall maintain, or cause to be maintained, any project constructed by the department under the provisions of AS 19.30.111 - 19.30.241, except that upon mutual agreement of the commissioner and the local government the responsibility for maintenance may be transferred to the local government if it is authorized to assume road maintenance powers.
(b) The department shall continue maintenance on all projects maintained by the department on January 1, 1980.
(c) A local government may contract with the department for maintenance of a project. The maximum annual maintenance cost to the local government may not exceed twice the amount of state aid to municipalities for roads.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 3. Local Service Roads and Trails. › Sec. 19.30.221. Availability of allocated sums.

(a) On and after the date that the commissioner has certified the sums allocated to each local government, the sums shall be available for expenditure under the provisions of this chapter.
(b) These allocated sums shall be available for expenditure for a period of five years after the close of the fiscal year for which the sums are authorized and any amounts so obligated remaining unexpended at the end of that period shall lapse and shall be available for other local service road or trail construction within that allocation district in accordance with AS 19.30.111 - 19.30.241.
(c) This section applies to sums transferred under AS 19.30.151(b).
(d) The payment of royalties required to obtain materials to construct local service road and trail projects is a valid expenditure under this chapter.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 3. Local Service Roads and Trails. › Sec. 19.30.241. Definitions.

In AS 19.30.111 - 19.30.241,
(1) “construction” means the building of a new road, street, or trail or the improvement of existing roads, streets or trails, and includes the necessary preliminary engineering, construction engineering and utility relocation;
(2) “home rule city” means a city as defined in AS 29.04.010;
(3) “local government” means an organized borough of any class, a unified municipality, or a city of any class;
(4) “local service road” means a public road that is used by an average of fewer than 750 vehicles each day and that is not designated as a route on the approved primary, urban, or interstate federal-aid highway system;
(5) “project” means an undertaking to construct a particular portion of a local service road or trail, or, if the context so implies, the particular portion of a local service road or trail so constructed;
(6) “secondary road” means a road that is not included in the approved federal-aid primary highway system and is being maintained by the state or local government;
(7) “trail” means a footpath or way on land or water that is open to public use as a matter of right whether or not a thoroughfare, particularly for dog sleds and mechanized snow vehicles.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 3. Local Service Roads and Trails. › Sec. 19.30.251. Local government powers.

Road construction and maintenance authority is granted to local governments, as defined in AS 19.30.241, which do not otherwise have that authority; however, the authority granted is limited to participation in the construction and maintenance of local service roads under AS 19.30.111 - 19.30.241.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 4. Road Maintenance Service Areas. › Sec. 19.30.260. Purpose.

The purpose of AS 19.30.260 - 19.30.320 is to facilitate funding for the upgrading, reconstruction, rehabilitation, or paving of existing subdivision roads within a road maintenance service area established under AS 29.35.450 or under a home rule charter.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 4. Road Maintenance Service Areas. › Sec. 19.30.270. Allocation of money.

(a) During each fiscal year each municipality shall receive money from the department that has been appropriated or otherwise designated for expenditure for road improvements within the municipality, based on the total road mileage in each road maintenance service area in the municipality. The amounts that are available shall be distributed pro rata among eligible municipalities.
(b) Money allocated to a municipality under this section shall be disbursed by the municipality for road maintenance service areas based on a first come, first served priority of road maintenance service area applications, subject to a 50 percent match by each road maintenance service area.
(c) Money allocated under this section shall be available for expenditure in the road maintenance service area for which the funds are authorized for a period of five years after the end of the fiscal year for which the funds are authorized. Money allocated for a road maintenance service area that is unexpended and unobligated at the end of the five-year period shall be used for other road maintenance service areas in the same municipality in accordance with AS 19.30.260 - 19.30.320. If there are no other road maintenance service areas in the municipality for which the money can be used, the municipality shall remit the unexpended and unobligated money to the department and it shall lapse into the general fund.
(d) Fifty percent of the cost of construction in a road maintenance service area shall be paid by the road maintenance service area through road improvement district assessments, grants, or other appropriate financing means.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 4. Road Maintenance Service Areas. › Sec. 19.30.280. Eligibility.

(a) After establishing a road maintenance service area under AS 29.35.450, or under a home rule charter, a municipality may apply to the department for a grant as money is available for road improvements, subject to regulations adopted by the department to carry out the provisions of AS 19.30.260 - 19.30.320. The department shall require a municipality to submit a five-year plan for the upgrading, reconstructing, rehabilitating, or paving of maintenance service area roads for approval before October 1 of each fiscal year.
(b) A municipality shall establish design standards for construction in a road maintenance service area. An application for a grant for improving an existing road under this section which is constructed after July 1, 1984, may not be granted by the department until the existing road meets the minimum design standards of the municipality.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 4. Road Maintenance Service Areas. › Sec. 19.30.290. Administration.

(a) A contract entered into by a municipality for road construction within a road maintenance service area for which funds allocated to the municipality under AS 19.30.260 - 19.30.320 are used shall be awarded only on the basis of the lowest responsible bid by a bidder meeting established criteria of responsibility.
(b) Construction under AS 19.30.260 - 19.30.320 shall be administered by the municipality in which the road maintenance service area is located.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 4. Road Maintenance Service Areas. › Sec. 19.30.300. Maintenance.

The road maintenance service area shall be responsible for maintaining roads constructed under AS 19.30.260 - 19.30.320. The road maintenance service area may contract with a municipality for maintenance of the roads.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 4. Road Maintenance Service Areas. › Sec. 19.30.310. Report.

No later than August 1 of each year, a municipality that has received money under AS 19.30.270 shall submit a report to the department showing the use of the money by the municipality during the preceding fiscal year. No later than December 1 of each year, the department shall prepare and submit to the governor a report showing the use of the money allocated under AS 19.30.270 during the preceding fiscal year.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 4. Road Maintenance Service Areas. › Sec. 19.30.320. Definitions.

In AS 19.30.260 - 19.30.320,
(1) “construction” or “road improvement” has the meaning given in AS 19.59.001 and includes utility and drainage costs but excludes financial costs, right-of-way costs, and new road construction;
(2) “municipality” means a municipality that has road construction or maintenance powers;
(3) “subdivision” has the meaning given in AS 40.15.900.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 5. Rights-of-way Acquired under Former 43 U.S.C. 932. › Sec. 19.30.410. Vacation of rights-of-way.

Notwithstanding another provision of law, the Department of Natural Resources, the Department of Transportation and Public Facilities, or another agency of the state may not vacate a right-of-way acquired by the state under former 43 U.S.C. 932 unless
(1) a reasonably comparable, established alternate right-of-way or means of access exists that is sufficient to satisfy all present and reasonably foreseeable uses;
(2) the right-of-way is within a municipality, the municipal assembly or council has requested the vacation, a reasonable alternative means of access is available, and the vacation is in the best interests of the state; or
(3) the vacation is approved by the legislature.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 30. Access Roads and Local Service Roads and Trails › Article 5. Rights-of-way Acquired under Former 43 U.S.C. 932. › Sec. 19.30.420. Immunity from liability for damages; risk of use of right-of-way acquired under former 43 U.S.C. 932.

(a) Notwithstanding AS 09.50.250 and AS 09.65.070, the state and its political subdivisions are not liable for damages, injury, or death arising from AS 19.30.400 - 19.30.420 and the recording of any rights-of-way identified in AS 19.30.400 or acquired under former 43 U.S.C. 932.
(b) A right-of-way identified under AS 19.30.400 or acquired under former 43 U.S.C. 932 that is not designated as part of the state highway system under AS 19.10.020 is traveled and used at the risk of the user. As to those rights-of-way and notwithstanding AS 09.50.250 and AS 09.65.070, the state and a political subdivision of the state are not liable for damages, injury, or death
(1) arising from the use of the right-of-way;
(2) arising from the failure to inspect, mark, or maintain the right-of-way;
(3) occurring in the right-of-way; or
(4) associated with the right-of-way.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 40. James Dalton Highway › Sec. 19.40.010. Declaration of policy.

(a) The legislature finds and declares that there is an immediate need for a public highway from the Yukon River to the Arctic Ocean and that this public highway should be constructed by the State of Alaska at this time because
(1) it will assist in the fulfillment of art. VIII, Sec. 1, Constitution of the State of Alaska, in which it is provided that it is the policy of the state to encourage the settlement of its land and the development of its resources by making them available for maximum use consistent with the public interest;
(2) it will provide the first year-round, overland route from north of the Yukon River to the Arctic Ocean, and will consequently result in the completion of a highway from the Pacific Ocean to the Arctic Ocean;
(3) it is in conformity with the policy of 23 U.S.C. 101(b) (Federal-Aid Highway Act of 1956), in which it is declared to be in the national interest to accelerate the construction of certain highways which are of primary importance to the national defense;
(4) it will benefit local and interstate commerce because the area north of the Yukon River is rich in natural resources but is inaccessible at the present time because of the lack of roads and this inaccessibility prohibits the successful use of the natural resources of this area;
(5) it is consonant with art. VIII, Sec. 2, Constitution of the State of Alaska, in which it is provided that the legislature shall provide for the utilization, development, and conservation of all natural resources belonging to the state, including land and water, for the maximum benefit of its people, because the highway will benefit not only local and interstate commerce but will also augment the revenue of the state and result in conservation of natural resources, for example, by facilitating a system of wildland fire suppression.
(b) It is the sense of the legislature that the construction of the highway will not impair the natural wilderness adjacent to the highway and will not unreasonably interfere with subsistence hunting, fishing, trapping, and gathering.
(c) It is the intent of the legislature that the state shall be reimbursed for the cost plus interest of constructing the public highway from the Yukon River to the Arctic Ocean.
(d) It is the intent of the legislature that employment of Alaska residents be encouraged and that the provisions of AS 36.10 be complied with.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 40. James Dalton Highway › Sec. 19.40.020. Contractual authority.

(a) Subject to (b) of this section, the department may contract in accordance with AS 36.30 for the construction of a secondary highway from the Yukon River to the Arctic Ocean. The provisions of AS 36.10 govern in employment practices on all work authorized by this chapter.
(b) The authority granted under (a) of this section may not be exercised until the state enters into a contract with the participants in the Trans Alaska Pipeline System or other organization formed for the purpose of transporting oil by pipeline from the North Slope (that area of Alaska lying north of 68 degrees latitude). The contract shall provide for reimbursement to the state by the participants, jointly and severally, in the Trans Alaska Pipeline System or other organization formed for the purpose of transporting oil by pipeline, of the full amount of the highway's cost of construction plus interest on the state's expenditures at the rate of seven and one-half percent per year. Complete reimbursement together with interest shall be made within five years from the date of the contract. The state may, with the agreement of the participants, elect to construct an oil pipeline from the North Slope. In that event, the provisions of this subsection requiring reimbursement do not apply.
(c) The contract with the participants must include additional terms and conditions that are in the best interests of the state. Any advance payments made under the contract shall be deposited in a special account which will be used for disbursements to the contractor charged with construction of the highway. Disbursements to the contractor shall be made on order of the commissioner of transportation and public facilities on presentation of a proper voucher or the presentation of a voucher by an employee of the department authorized in writing to certify as to such payment.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 40. James Dalton Highway › Sec. 19.40.030. Undertakings of contractors.

The department, in place of the bonds or individual sureties required by AS 36.25.010, may accept corporate undertakings that include the same essential provisions of the bonds or individual sureties required by AS 36.25.010 and that are satisfactory to the department.
2023 Alaska Statutes › Title 19. Highways and Ferries › Chapter 40. James Dalton Highway › Sec. 19.40.040. Exemption.

The Alaska Net Income Tax Act and the Alaska Business License Act do not apply to any money received by the general contractor from the state under a highway construction contract authorized under this chapter if the money is to be paid to a subcontractor for work performed under the construction contract. The money received by the subcontractors is subject to the Alaska Net Income Tax Act, the Alaska Business License Act, and any other applicable state taxes.