Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 10 - Engineering: Encroachments, Driveways, and Road Approaches › Article 2 - Driveway and Approach Road Permits › 17 AAC 10.020 - Driveways and approach roads

Current through May 31, 2024
(a) A driveway or
				approach road constructed under permit within a highway right-of-way is the
				property of the state, but all cost and liability arising from the
				construction, operation, or maintenance of a driveway or approach road is at
				the sole expense of those lands served. The department is not obligated to
				change its maintenance practices to accommodate a driveway or approach road
				constructed under a permit, or to incur any additional expense removing snow
				berms or other obstructions from a driveway or approach road within a
				right-of-way resulting from the department's activities, or activities under a
				permit issued under 17 AAC 15.
(b)
				A permittee under this section shall construct and maintain a driveway or
				approach road in such a manner that the highway, and all of the highway's
				appurtenances or facilities, including drainage facilities, pipes, culverts,
				ditches, traffic control devices, street lights, pathways, and sidewalks are
				not impaired or endangered in any way by the construction or maintenance. The
				department will include in a permit express conditions that provide for the
				enforcement of this subsection and (a) of this section.
(c) In a driveway or approach road permit,
				except for a driveway or approach road included in a utility permit described
				in 17 AAC 15, the department will include a clause that requires the permittee
				to adjust or relocate the driveway or approach road without cost or liability
				to the department if the use or safety of the highway requires that the
				driveway or approach road be adjusted or relocated. The department also will
				include in the permit a requirement that the permittee shall indemnify, defend,
				and hold harmless the state, or officers, agents, employees, and contractors of
				the state in any matters pertaining to the driveway or approach road, and that
				the permittee shall assume all liability or cost in connection with the
				driveway or approach road.
(d) The
				department will, in its discretion, issue a permit for a driveway or approach
				road on any highway that is not a controlled access facility, if the department
				determines that the driveway or approach road is proposed to be located in a
				manner that is consistent with the requirements of
				17 AAC 10.040, that is compatible
				with the public safety, and that does not interfere with the use of the
				highway. In the permit, the department will require that the permittee, the
				permittee's heirs, and the permittee's successors in interest, or assignees
				shall assume all cost and liability occasioned by either the construction or
				maintenance of the driveway or approach road.
(e) If a driveway or approach road that
				provides ingress to or egress from adjoining land is replaced during a project
				to construct or reconstruct a highway, the department, as a cost of
				construction, will, in its discretion, replace the driveway or approach road in
				a manner and location consistent with the requirements of
				17 AAC 10.040.
(f) Repealed 5/4/2000.
(g) The burden and cost of maintaining a
				driveway or approach road within a highway right-of-way is upon the lands
				served by a driveway or approach road. A driveway or approach road must be
				maintained to conform the requirements of
				17 AAC 10.040 and to accepted
				engineering practice. The department is not obligated to remove snow berms
				plowed into a driveway or approach road during its highway snow removal
				activities. A permittee may not plow snow from a driveway or approach road onto
				a highway, or interfere with highway drainage structures.
(h) If an emergency situation arises from the
				use, operation, or maintenance of a driveway or approach road issued a permit
				under this section or
				17 AAC 10.060, that compromises
				the design or safety of a highway, and the department lacks sufficient time to
				contact the permittee or a permittee's heirs, successors in interest, or
				assignees to correct the situation, the department will, in its discretion,
				take whatever steps necessary to cure the situation and recover the costs of
				the cure from the person responsible for the operation and maintenance of the
				driveway or approach road.
Before 6/25/1969, Register 30, the subject matter of
					 17 AAC 10.020(a)
					 - (f) was located at former 14 AAC 2.361 - 14 AAC 2.366, and the subject matter
					 of 17 AAC 10.020(g)
					 - (h) was located at former 14 AAC 2.390(g) and (h), filed in the Lieutenant
					 Governor's Office on September 24,
					 1959.
Authority:
AS
					 19.05.020
AS 19.05.040
AS 19.30.051
AS 19.30.121
AS 19.40.065
AS
					 44.42.030