reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 08 - Memorial Sign Program › 17 AAC 08.045 - Time allowed for memorial signs in the highway right-of-way

Current through May 31, 2024
Unless it determines that public safety requires removal, the
				department will keep a memorial sign installation in its designated location
				for 10 years after the date of its installation. After the 10-year period ends,
				the department will remove the memorial sign installation.
Authority:
AS
				  19.05.010
AS 19.05.020
AS 19.05.040
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 08 - Memorial Sign Program › 17 AAC 08.050 - Multiple memorial sign applications

Current through May 31, 2024
(a) If more than
			 one sponsor applies for a memorial sign to be located near a single accident
			 site, the department will consider the multiple applications in the order in
			 which they are received.
(b) If the
			 department approves, under this chapter, the application of additional sponsors
			 who apply for a memorial sign for additional victims who were fatally injured
			 as the result of the same or a different highway accident at a single accident
			 site, the additional sponsors may apply to
(1)
			 attach name plaques to the first sign installation, if the requirements of
			 17 AAC 08.040 are satisfied;
			 or
(2) have a memorial sign
			 installed across the highway from the first sign installation so that the
			 second sign installation faces the traffic approaching from the opposite
			 direction.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 08 - Memorial Sign Program › 17 AAC 08.055 - Application filing deadlines

Current through May 31, 2024
(a) A person may
			 file an application under
			 17 AAC 08.010,
			 17 AAC 08.015, or
			 17 AAC 08.020, until January 15,
			 2003 to memorialize a death in a highway accident that occurred before that
			 date.
(b) On or after January 16,
			 2003, a person may file an application under
			 17 AAC 08.010,
			 17 AAC 08.015, or
			 17 AAC 08.020 to memorialize a
			 death in a highway accident that occurred within the two years before the date
			 that the department received the application.
Authority:
AS
				  19.05.010
AS 19.05.020
AS 19.05.040
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 10 - Engineering: Encroachments, Driveways, and Road Approaches › Article 1 - Encroachment Permits › 17 AAC 10.010 - Encroachments

Current through May 31, 2024
An encroachment may be installed within a highway
				  right-of-way if the encroachment has been permitted by the department under
				  this chapter.
Authority:
AS
					 19.05.020
AS 19.05.070
AS 19.05.200
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 10 - Engineering: Encroachments, Driveways, and Road Approaches › Article 1 - Encroachment Permits › 17 AAC 10.011 - Types of encroachments authorized

Current through May 31, 2024
(a) The department
				may issue at no cost an encroachment permit for use of a highway right-of-way
				by a municipality, state agency, or federal agency, subject to any conditions
				imposed under
				17 AAC 10.014, if the municipality
				or agency is not acting in a business capacity. The permit will be issued on a
				form that the department prescribes. Permitted uses include
(1) flags of states or nations;
(2) decorative banners; and
(3) signs, without logos or names of
				sponsors, that are intended to inform motorists that they are entering a
				municipality, community, or state.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 10 - Engineering: Encroachments, Driveways, and Road Approaches › Article 1 - Encroachment Permits › 17 AAC 10.012 - Approval requirements for encroachments

Current through May 31, 2024
The department will, in its discretion, grant an encroachment
				  permit under
				  17 AAC 10.011, if the department
				  determines that
(1) the integrity and
				safety of the highway is not compromised;
(2) the issuance of the permit will not cause
				a break in access control for the highway;
(3) the land will not be necessary for a
				highway construction project during the initial term of the permit;
				and
(4) issuing the permit is in
				the best interest of the state.
Authority:
AS
					 19.05.020
AS 19.05.070
AS 19.25.200
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 10 - Engineering: Encroachments, Driveways, and Road Approaches › Article 1 - Encroachment Permits › 17 AAC 10.013 - Establishing economic rent

Current through May 31, 2024
For purposes of
				  17 AAC 10.011(b),
				  the department will establish economic rent for a right-of-way held in fee
				  simple by the use of commonly accepted real estate appraisal techniques. For
				  rights-of-way held as easements, the consideration for the issuance of the
				  permit is 90 percent of the economic rent established under this section for a
				  right-of-way held in fee simple. A permittee shall reimburse the department for
				  appraisal costs incurred to determine economic rent.
Authority:
AS
					 19.05.020
AS 19.05.070
AS 19.25.200
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 10 - Engineering: Encroachments, Driveways, and Road Approaches › Article 1 - Encroachment Permits › 17 AAC 10.014 - Additional conditions upon encroachment permits

Current through May 31, 2024
The department will, in its discretion, impose conditions
				  upon encroachment permits necessary to protect the traveling public, the safety
				  and integrity of a highway's design, the public interest, and the best
				  interests of the state.
Authority:
AS
					 19.05.020
AS 19.05.070
AS 19.25.200
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 10 - Engineering: Encroachments, Driveways, and Road Approaches › Article 1 - Encroachment Permits › 17 AAC 10.015 - Removal after expiration of encroachment permit

Current through May 31, 2024
Upon the expiration of the term of an encroachment permit
				  issued under
				  17 AAC 10.011, or upon the
				  revocation of an encroachment permit by the department, a permittee is
				  responsible for the cost of removing improvements placed within the
				  right-of-way, at no cost of the department, unless the permit provides that the
				  encroachment may remain in place after the permit expires or is revoked.
Authority:
AS
					 19.05.020
AS 19.05.070
AS 19.25.200
AS
					 44.42.030
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 10.030 - Driveway and road approach permits and utilities

Current through May 31, 2024
The finished grade of a proposed driveway or road approach
				  may not be less than the minimum vertical clearance requirements or minimum
				  depth-of-burial requirements of
				  17 AAC 15.201. The department may
				  grant a permit to an applicant who arranges with the owners of the affected
				  utility facilities to adjust the facilities, at no cost to the department, to
				  conform to the requirements of 17 AAC 15.
Authority:
AS
					 19.05.020
AS 19.05.040
AS 19.30.121
AS 19.40.065
AS
					 44.42.030
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 10.040 - Technical requirements

Current through May 31, 2024
Ingress and egress to highway rights-of-way for driveways,
				  approach roads, and service roads or trails are subject to the requirements of
				  17 AAC 10.020 -
				  17 AAC 10.080 and the Driveway
				  Standards section, revised as of December 1998 and adopted by reference, of the
				  department's
Preconstruction Manual
.
The Driveway Standards section of the department's
					 Preconstruction Manual may be viewed at the department's regional offices in
					 Anchorage, Fairbanks, and Juneau. Copies may be obtained by writing the
					 Division of Statewide Design and Engineering Services, Department of
					 Transportation and Public Facilities, 3132 Channel Drive, Juneau, AK
					 99801-7898.
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
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 10.050 - Definitions (Repealed)

Current through May 31, 2024
Definitions for 17 AAC 10 are now located at
					 17 AAC 10.990.
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 10.060 - Driveways not part of highway construction

Current through May 31, 2024
(a) An owner of
				land must apply for a permit under this section if the
(1) land is serviced by a driveway or
				approach road
(A) that was constructed as part
				of a highway construction project after January 1, 2000, and for which a permit
				was issued before January 1, 2000; or
(B) for which a permit has not been issued;
				and
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 10.070 - Traffic impact analysis

Current through May 31, 2024
(a) A traffic
				impact analysis required under
				17 AAC 10.060(c)
				must compute traffic generated by a development in accordance with the
				Institute of Traffic Engineers'
Trip Generation
				Handbook
(1997). The department will, in its discretion, require a
				traffic impact analysis based upon local traffic generation values. A traffic
				impact analysis must be prepared by an engineer licensed under AS 08.48 and
				must be submitted to the department for review and comment under (e) of this
				section.
(b) Level of service (LOS)
				and operational analysis for a traffic impact analysis prepared under this
				section must be performed in accordance with the Transportation Research
				Board's publication
Special Report 209, Highway Capacity
				Manual
(1997 Update). The minimum acceptable LOS at intersections and
				on road segments both on the development's opening date and in the design year
				is
(1) LOS C, if the LOS on the date of
				application is LOS C or better; or
(2) LOS D, if the LOS on the date of
				application is LOS D or poorer; however, if the LOS is poorer than LOS D, a
				lower minimum LOS is acceptable if the operation of the highway does not
				deteriorate more than 10 percent in terms of delay time or other appropriate
				measures of effectiveness from the LOS before the development's opening
				date.
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 10.075 - Traffic impact mitigation

Current through May 31, 2024
(a) A permittee
				shall make improvements to a highway or intersection to maintain an acceptable
				LOS if a highway or intersection has an
(1)
				acceptable LOS under
				17 AAC 10.060(b)
				without traffic generated by the development; and
(2) unacceptable LOS under
				17 AAC 10.060(b),
				with traffic generated by the development
(A)
				at the opening date of the development; or
(B) in the design year of the development,
				for a development expected to generate 250 or more vehicle trips during the
				peak hour of the adjacent highway on the opening date of the
				development.
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 10.080 - Permit issuance

Current through May 31, 2024
(a) The department will, in its discretion,
				issue a permit for a driveway or approach road that does not require a traffic
				impact analysis under
				17 AAC 10.060(c)
				upon the payment of the $500 performance deposit required under
				17 AAC 10.065 by an
				applicant.
(b) The department will
				issue a permit for a driveway or approach road that requires a traffic impact
				analysis under
				17 AAC 10.060(c)
				when the applicant has performed the mitigation in a manner acceptable to the
				department under
				17 AAC 10.070.
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
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 10.095 - Cooperative traffic impact analysis

Current through May 31, 2024
If a proposed development within a municipality, along a road
				  that is not on the state highway system, has an impact upon a highway on the
				  state highway system, the department will cooperate with the appropriate
				  municipal planning and zoning authority in the preparation of a traffic impact
				  analysis. A traffic impact analysis under this section must be in substantial
				  compliance with the provisions of
				  17 AAC 10.070 and result in
				  mitigation of adverse impacts upon a road under state administration that are
				  in substantial compliance with the provisions of
				  17 AAC 10.075.
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
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 10 - Engineering: Encroachments, Driveways, and Road Approaches › Article 3 - Land Disposal › 17 AAC 10.100 - Land disposal

Current through May 31, 2024
(a) Except for a conveyance of land by a
				commissioner's deed issued under
				17 AAC 05.020, or an encroachment
				permit issued under
				17 AAC 10.011, the provisions of
				17 AAC 10.100 through
				17 AAC 10.120 apply to a disposal
				of land, or an interest in land, contained within a highway right-of-way,
				whether the land or interest was acquired by gift, transfer from the federal
				government, purchase, or the exercise of the power of eminent domain.
(b) The department will prepare a decisional
				document summarizing its decision to dispose of a particular parcel of land
				acquired in a right-of-way acquisition. In that document, the department will
				summarize the conclusion that the particular parcel of land is excess
				right-of-way and whether the land has a present or potential use for parks,
				conservation, recreation, or related uses. The department will, in its
				discretion, find that the land is excess right-of-way, if the land is located
				outside of the slope limits of a highway, the land is not necessary for the
				highway's operation or maintenance, and the land is not needed for a public
				purpose. If the department finds that the land has a present or potential use
				for parks, conservation, recreation, or related uses, the department will
				describe in the decisional document the department's efforts to dispose of the
				land to public agencies for parks, conservation, recreation, or related uses.
				If the public agencies decline to acquire the parcel, the department will
				conduct the land disposal according to
				17 AAC 10.105 -
				17 AAC 10.120.
Authority:
AS
					 19.05.020
AS 19.05.070
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 10 - Engineering: Encroachments, Driveways, and Road Approaches › Article 3 - Land Disposal › 17 AAC 10.105 - Disposal by negotiated sale to an adjoining property owner

Current through May 31, 2024
(a) The department
				will, in its discretion, convey the interest that it holds in a parcel of
				excess right-of-way to an adjoining property owner, if the adjoining property
				owner applies for the conveyance and pays a $200 nonrefundable application fee,
				and if the
(1) adjoining property is the land
				from which an acquisition of land, in a fee simple interest, for the
				right-of-way was made; or
(2)
				right-of-way is held as an easement and the owner of the underlying fee simple
				interest is also the owner of the adjoining land.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 10 - Engineering: Encroachments, Driveways, and Road Approaches › Article 3 - Land Disposal › 17 AAC 10.110 - Disposal by competitive sale

Current through May 31, 2024
(a) If a parcel of
				excess right-of-way may be developed without the use of other land, and any
				adjoining owner who qualifies to purchase the land under
				17 AAC 10.105 declines an
				opportunity to purchase the land, the department will, in its discretion,
				dispose of the parcel of land through competitive sealed bids, with the award
				to the highest bidder.
(b) The
				department will not open competitive sealed bids without issuing public notice
				of the pending sale, published at least once in a newspaper of general
				circulation, in the area where the excess right-of-way is located, at least 30
				days before bid opening. In that notice, the department will give the date,
				time, and place of the bid opening, describe the land offered for sale, provide
				that the department will accept public comments regarding the sale that are
				received at least seven days before the bid opening, and inform bidders of at
				least the following conditions:
(1) the
				payment schedule;
(2) that the
				successful bidder may be required to apply for and receive a replat of the land
				from the municipal planning and zoning authority;
(3) that the department reserves the right to
				reject any and all bids.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 10 - Engineering: Encroachments, Driveways, and Road Approaches › Article 3 - Land Disposal › 17 AAC 10.115 - Disposal through brokers

Current through May 31, 2024
(a) If a parcel of
				excess right-of-way is offered for sale by competitive sale under
				17 AAC 10.110, and no bids
				satisfactory to the department are received, the department will, in its
				discretion, list the particular parcel for sale with a real estate broker
				licensed under AS 08.88.
(b) The
				department will select the broker in accordance with AS 36.30 (State
				Procurement Code) and 2 AAC 12.
(c)
				Notice of the sale of the parcel of excess right-of-way will be given in
				accordance with
				17 AAC 10.105(d).
Authority:
AS
					 19.05.020
AS 19.05.070
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 10 - Engineering: Encroachments, Driveways, and Road Approaches › Article 3 - Land Disposal › 17 AAC 10.120 - Land exchanges

Current through May 31, 2024
(a) For the purpose of a land exchange under
				AS
				19.05.110,
				AS
				19.05.120,
				AS
				35.20.040, or
				AS
				35.20.050, the department will, in its
				discretion, use excess right-of-way in the transaction.
(b) The department will not make an exchange
				of land under this section without
(1)
				preparing a written decision that the exchange is in the state's best interest,
				and that the value of the parcels of land to be exchanged is substantially
				equal; and
(2) issuing public
				notice of the pending exchange, published at least once in a newspaper in
				general circulation in the area where the excess right-of-way is located, at
				least 30 days before the projected date of the exchange; in that notice, the
				department will describe the land to be exchanged, and will provide that the
				department will accept public comments regarding the exchange that are received
				before the projected date of the exchange.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 10 - Engineering: Encroachments, Driveways, and Road Approaches › Article 3 - Land Disposal › 17 AAC 10.125 - Conveyance documents

Current through May 31, 2024
The department will convey land or interests in land under
				  17 AAC 10.100 -
				  17 AAC 10.120 by
(1) quitclaim deed, in a form prescribed by
				the department, and subject to any utility permit issued under 17 AAC 15;
				and
(2) any other transfer
				documents the department determines are necessary to memorialize the
				transaction.
Authority:
AS
					 19.05.020
AS 19.05.070
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 10 - Engineering: Encroachments, Driveways, and Road Approaches › Article 3 - Land Disposal › 17 AAC 10.130 - Land outside of right-of-way limits

Current through May 31, 2024
(a) If a parcel of
				land is located outside of the right-of-way limits of a highway, the department
				will, in its discretion, dispose of the land, or an interest in the land, under
				the provisions of this section. Before making a disposal under this section,
				the department will prepare a decisional document summarizing its decision to
				dispose of a particular parcel of land located outside of a highway
				right-of-way. In that document, the department will summarize the conclusion
				that the particular parcel of land is not needed for a public purpose and
				whether the land has a present or potential use for parks, conservation,
				recreation, or related uses. If the department finds that the land has a
				present or potential use for parks, conservation, recreation, or related uses,
				the department will describe, in the decisional document, the department's
				efforts to convey the land to public agencies for parks, conservation,
				recreation, or related uses. If the public agencies decline to acquire the
				parcel, the department will conduct the land disposal under this
				section.
(b) The department will,
				in its discretion, dispose of land located outside the right-of-way limits of a
				highway through competitive bidding, outcry auction, or over-the-counter sale
				under 17 AAC 10.110, or by sale through
				a broker under
				17 AAC 10.115. The department will
				convey land under this subsection by
(1)
				quitclaim deed, in a form prescribed by the department; and
(2) any other transfer documents the
				department determines are necessary to memorialize the transaction.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 10 - Engineering: Encroachments, Driveways, and Road Approaches › Article 4 - General Provisions › 17 AAC 10.950 - Appeals

Current through May 31, 2024
An applicant aggrieved by the department's denial of a permit
				  under this chapter, or by any condition attached to a permit, may appeal the
				  department's decision under 17 AAC 85.
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
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 10 - Engineering: Encroachments, Driveways, and Road Approaches › Article 4 - General Provisions › 17 AAC 10.990 - Definitions

Current through May 31, 2024
Unless the context requires otherwise, in this chapter
(1) "commemorative plaque" means a sign that
				is authorized by law and that describes the accomplishments of a person with a
				relationship to the locality of a rest stop or pullout;
(2) "design year" means the year that is 10
				years after the opening date of a development;
(3) "driveway" or "approach road" means that
				area of the right-of-way between the edge of the pavement or the edge of the
				traveled way and that part of the adjacent property line that is not encumbered
				by the right-of-way and that is used for the movement of traffic between the
				highway and the adjacent property;
(4) "historical marker" means a sign that is
				authorized by law and that describes a historical
(A) event, that occurred in the locality of a
				rest stop or pullout; or
(B) site
				or landmark in the locality of a rest stop or pullout;
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 1 - Utility Permits › 17 AAC 15.011 - Utility permits

Current through May 31, 2024
(a) Upon written application, the department
				may issue a permit authorizing the applicant to construct or install utility
				facilities within a department right-of-way. Permits for railroad facilities
				will be issued under
				17 AAC 15.471 -
				17 AAC 15.551.
(b) In analyzing whether to issue a permit,
				the department will consider the utility standards and requirements set out in
				17 AAC 15.131 -
				17 AAC 15.301.
(c) In a utility permit, the department will
				authorize the activities reasonably required for the construction, maintenance,
				or operation of the utility facility described in an approved permit
				application.
(d) The department may
				attach to the utility permit special provisions it considers necessary to
				protect the public interest.
(e) A
				utility permit expires if construction or installation of the facility has not
				started within one year after the date of approval, unless the applicant
				obtains an extension of time in writing from the department.
(f) This chapter applies only to those
				utility facilities that require utility permits.
(g) Any agreements between permittees, or
				between permittees and third parties, regarding the use of state right-of-way
				to which the department is not a signatory, are not binding on the
				department.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 19.05.020
AS 19.05.040
AS 19.25.010
AS 19.25.200
AS 19.30.121
AS 19.40.065
AS 35.05.020
AS 35.10.210
AS 35.10.230
AS 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 1 - Utility Permits › 17 AAC 15.012 - Utility permits on airports and public facilities other than highways

Current through May 31, 2024
Utility permits will, in the department's discretion, be
				  issued on airports and public facilities other than highways. These permits are
				  subject to the following provisions of this chapter:
(1)17 AAC 15.011 -
				17 AAC 15.111 on utility permits
				except for
				17 AAC 15.031;
(2)17 AAC 15.183 and
				17 AAC 15.201 -
				17 AAC 15.301 on utility standards
				and requirements, except for
				17 AAC 15.231;
(3)17 AAC 15.321 -
				17 AAC 15.461 on utility
				relocation and installation; and
(4)17 AAC 15.901, definitions.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 35.05.020
AS 35.10.210
AS 35.10.230
AS 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 1 - Utility Permits › 17 AAC 15.031 - Application for utility permit on section-line rights-of-way

Current through May 31, 2024
(a) Utility
				permits are required only for section-line rights-of-way presently used or
				proposed for use by the department. A person seeking to install a utility
				facility within a section-line right-of-way shall check with the department to
				determine whether the department presently uses or proposes to use the affected
				portion of the section-line right-of-way.
(b) Before issuing a permit for the
				installation of a utility facility within a section-line right-of-way, the
				department must be satisfied that a section-line right-of-way exists at the
				location where the facility is proposed to be installed by the permit
				applicant. The permit applicant shall furnish proof of the existence of the
				section-line right-of-way.
(c) An
				applicant that is granted a permit for the installation of a utility facility
				within a department section-line right-of-way shall coordinate the installation
				of the facility with any proposed department project using the section-line
				right-of-way.
(d) The permittee
				shall provide one copy of each permit for the installation of any utility
				facility within a department-controlled section-line right-of-way to the
				Department of Natural Resources.
(e) The department will immediately submit
				written notice to the Department of Natural Resources if a section-line permit
				application is denied.
Authority:
AS
					 19.05.020
AS 19.05.040
AS 19.25.010
AS 19.25.200
AS 19.30.051
AS 19.30.121
AS
					 19.40.065
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 1 - Utility Permits › 17 AAC 15.041 - Permit fees and charges

Current through May 31, 2024
(a) The applicant
				shall pay a $600 nonrefundable fee in a form acceptable to the department for
				those permits, including amendments, that allow
(1) installations of aerial or underground
				distribution and transmission lines;
(2) duct systems;
(3) utilidors and utility tunnels, including
				crossings and extensions;
(4)
				structure or appurtenance construction, including manholes, utility poles,
				pedestals, switch cabinets, transformers, and other design features of a
				similar nature;
(5) a crossing or
				installation, including service connections, requiring boring, trenching, or
				opening a roadway surface; and
(6)
				aerial service lines requiring installation of poles in a
				right-of-way.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 1 - Utility Permits › 17 AAC 15.051 - Bond

Current through May 31, 2024
The department will, in its discretion, require a bond or
				  assurance to pay for damage to or repair of a highway or other state property
				  which may result from a permittee's construction along, in, over, or under a
				  department right-of-way. The department will determine the amount and duration
				  of the bond or assurance. The bond form must comply with requirements of the
				  department. The department will, in its discretion, require the permittee's
				  contractor to furnish an indemnification bond secured by cash or other security
				  when it is determined to be in the public interest.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 19.05.020
AS 19.05.040
AS 19.25.010
AS 19.30.051
AS 19.30.121
AS 19.40.065
AS 35.05.020
AS 19.10.210
AS
					 35.10.230
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 1 - Utility Permits › 17 AAC 15.061 - Indemnification

Current through May 31, 2024
The permittee shall indemnify and hold harmless the state
				  from all liability for damage to property and injury or death of persons
				  arising wholly or in part from any action taken by a permittee in relation to
				  the permittee's facilities on department rights-of-way or other permitted
				  locations.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 19.05.020
AS 19.05.040
AS 19.25.010
AS 19.30.051
AS 19.30.121
AS 19.40.065
AS 35.05.020
AS 35.10.210
AS
					 35.10.230
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 1 - Utility Permits › 17 AAC 15.071 - Assignment and transfer of utility permit

Current through May 31, 2024
(a) A permittee may
				not assign or transfer any rights granted by the utility permit to another
				individual or other entity without prior written approval from the
				department.
(b) When a permittee
				sells out to another utility, or combines or merges with another utility, or
				otherwise changes identity, the new utility shall inform the department in
				writing within 30 days after the date of the transaction, and shall furnish the
				department with the names and addresses of the new officials responsible for
				the permittee's facilities.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 19.05.020
AS 19.05.040
AS 19.25.010
AS 19.25.200
AS 19.30.051
AS 19.30.121
AS 19.40.065
AS 35.05.020
AS 35.10.210
AS
					 35.10.230
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 1 - Utility Permits › 17 AAC 15.081 - Joint-use facilities

Current through May 31, 2024
(a) The department will, in its discretion,
				require two or more utilities desiring to locate facilities on a department
				right-of-way to jointly use a single facility.
(b) Utilities jointly using utility
				facilities or the same location, trench, or conduit within the department
				right-of-way must provide the department upon request with a copy of their
				joint use agreement established under
				AS
				42.05.311-42.05.321.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 19.05.020
AS 19.05.040
AS 19.25.010
AS 19.25.200
AS 19.30.121
AS 19.40.065
AS 35.05.020
AS 35.10.210
AS 35.10.230
AS 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 1 - Utility Permits › 17 AAC 15.091 - Violation of utility permit and stop work orders

Current through May 31, 2024
(a) The department
				may revoke or suspend a utility permit, or issue a notice of violation, if
(1) the facilities were not constructed or
				installed in accordance with the terms of the utility permit;
(2) the facilities do not conform to the
				applicable federal, state, and local standards and requirements;
(3) the permittee fails to adequately
				maintain the facility after having been notified to do so in writing by the
				department;
(4) the permittee fails
				to provide safe and adequate detours, barricades, signs, flaggers, or other
				controls to protect the public as provided in
				17 AAC 15.241, or fails to comply
				with the terms and conditions of any department-approved traffic control plan
				required under
				17 AAC 15.241 or
				17 AAC 20.017;
(5) the permittee fails, after written notice
				from the department, to take corrective measures to comply with the
				department's instructions or requests;
(6) it is in the mutual interest of the
				department and the utility as provided in
				17 AAC 15.451.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 1 - Utility Permits › 17 AAC 15.101 - Permits for utility service connections

Current through May 31, 2024
(a) The department
				will require an amendment to an existing utility permit or new permit for all
				utility service connections subsequent to the issuance of the original permit
				for the distribution, collection, or feeder line facility.
(b) The department may allow a permittee to
				install additional service connections within a department right-of-way where a
				longitudinal underground, surface, or overhead distribution or feeder line has
				been installed under a utility permit. The department will amend the utility
				permit to include the additional service connections.
(c) New permits are required for underground
				utility service connections which cross a department right-of-way and which
				originate from distribution lines located outside the right-of-way.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 19.05.020
AS 19.05.040
AS 19.25.010
AS 19.25.200
AS 19.30.121
AS 19.40.065
AS 35.05.020
AS 35.10.210
AS 35.10.230
AS 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 1 - Utility Permits › 17 AAC 15.111 - Utility facilities installed without permit

Current through May 31, 2024
(a) Any utility
				facility installation located within a department right-of-way without a
				utility permit is an unauthorized encroachment, except for a facility installed
(1) before July 1, 1960;
(2) before the road became a part of the
				state highway system;
(3) in
				accordance with any applicable requirements of the Department of Natural
				Resources but before the department's need or use under
				17 AAC 15.031; or
(4) in any other manner if the utility
				provides adequate proof to the department of a prior valid existing
				right.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 2 - Utility Standards and Requirements › 17 AAC 15.131 - Utility accommodation on controlled-access highways

Current through May 31, 2024
(a) A utility
				facility may not be installed within the controlled-access limits of a highway
				unless the utility demonstrates to the satisfaction of the department that
(1) a feasible alternative does not exist;
				and
(2) the proposed utility
				facility will not adversely affect the design, construction, maintenance,
				safety, or operation of the highway.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 2 - Utility Standards and Requirements › 17 AAC 15.151 - Overhead crossings on controlled-access highways

Current through May 31, 2024
(a) An existing
				overhead facility may not cross a controlled-access highway if it interferes
				with the design requirements of the highway, or if it can be maintained or
				serviced only from within the controlled-access limits.
(b) New or relocated overhead utility
				facilities or overhead utility facilities located within the right-of-way of an
				intersecting roadway which crosses a controlled-access highway may not be
				maintained or serviced from within the controlled-access limits.
(c) New or relocated overhead facility
				crossings of controlled-access highways must be designed and constructed as
				double dead-end structures where the transmission voltage is 33,000 volts or
				more. Where the transmission voltage is less than 33,000 volts, design and
				construction standards must equal or exceed standards of the
National
				Electrical Safety Code
as adopted by reference under
				AS
				18.60.580-18.60.600 and
				8 AAC 70.025 as the minimum electrical safety standards
				of the state.
Authority:
AS
					 19.05.020
AS 19.05.040
AS 19.20.030
AS 19.20.070
AS 19.25.010
AS 19.25.200
AS 19.30.121
AS 19.40.065
AS 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 2 - Utility Standards and Requirements › 17 AAC 15.171 - Utility accommodation on highways

Current through May 31, 2024
(a) The department
				may allow utility facilities to be located within the rights-of-way of
				highways.
(b) Manholes for
				underground facilities must be located so that their maintenance may be
				accomplished with minimum interference to the use of the
				right-of-way.
(c) Facilities
				installed within the department right-of-way must be designed and placed so
				that their use or occupancy will not adversely affect the safety, construction,
				maintenance, or operations of the highway or related structures.
(d) The minimum distance between the nearest
				part of a surface-mounted utility facility and the edge of the traveled way
				must comply with the standards set out in the department's
Highway
				Preconstruction Manual
, adopted by reference in
				17 AAC 15.301(e).
(e) Facilities installed within a department
				right-of-way must
(1) be located as near as
				practicable to the highway right-of-way line; and
(2) comply with the standards set out in the
Highway Preconstruction Manual
, adopted by reference in
				17 AAC 15.301(e).
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 2 - Utility Standards and Requirements › 17 AAC 15.183 - Underground utility accommodation on runways

Current through May 31, 2024
An underground facility crossing of a runway must be
				  installed by boring, coring, or jacking under the runway surface. Wet-boring is
				  prohibited. The department may allow trenched or open-cut construction where
				  untrenched construction is not practical. An underground facility crossing in a
				  department right-of-way must conform to the specifications set out in any
				  special provisions of the utility permit.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 2 - Utility Standards and Requirements › 17 AAC 15.191 - Utility accommodation in scenic areas

Current through May 31, 2024
(a) The department
				will, in its discretion, require utility facilities that are inconsistent with
				the values of scenic areas to be relocated.
(b) The installation, within scenic areas, of
				new utility facilities, including those required for department purposes, must
				be made in accordance with the directions of the department.
(c) "Scenic area," as used in (a) of this
				section, includes scenic strips, view points, rest areas, adjacent highway
				rights-of-way, and the portions of highway rights-of-way which pass through
				public parks, recreation areas, wildlife and waterfowl refuges, and historic
				sites.
Authority:
AS
					 19.05.020
AS 19.05.040
AS 19.25.010
AS 19.25.200
AS 19.30.051
AS 19.30.121
AS
					 19.40.065
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 2 - Utility Standards and Requirements › 17 AAC 15.201 - Utility clearances

Current through May 31, 2024
(a) A new or relocated overhead facility must
				be installed with a minimum vertical clearance of 20 feet between the overhead
				facility and the right-of-way surface.
(b) Existing overhead facilities must have at
				least 18 feet of vertical clearance between the overhead facility and the
				right-of-way surface.
(c) The depth
				of burial for an underground facility constructed or installed through a
				roadway prism or under a runway surface must be at least four feet, measured
				from the surface to the top of the cable, conduit, pipeline, or encasement. An
				underground facility constructed or installed under another surface must have a
				depth of burial of at least three feet, measured from the surface to the top of
				the cable, conduit, pipeline, or encasement.
(d) If the minimum depth of burial under (c)
				of this section is impractical, the department may permit an underground
				facility to be rerouted or protected with casing or other mechanical
				protection.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 19.05.020
AS 19.05.040
AS 19.25.010
AS 19.25.200
AS 19.30.121
AS 19.40.065
AS 35.05.020
AS 35.10.210
AS 35.10.230
AS 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 2 - Utility Standards and Requirements › 17 AAC 15.221 - Irrigation and drainage facilities

Current through May 31, 2024
(a) A longitudinal
				irrigation or drainage canal or ditch is not permitted within a department
				right-of-way unless the applicant can demonstrate to the department's
				satisfaction that an alternate location is not feasible and that the
				construction of the facility will not adversely affect the design,
				construction, maintenance, safety, and operation of the highway or other
				department structures.
(b) Flume,
				pipe, or siphon crossings must be installed in accordance with
				17 AAC 15.201(c).
				Crossings of canals and ditches may be made with bridges or culverts.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 19.05.020
AS 19.05.040
AS 19.25.200
AS 19.30.121
AS 19.40.065
AS 35.05.020
AS 35.10.210
AS 35.10.230
AS 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 2 - Utility Standards and Requirements › 17 AAC 15.231 - Highway structures

Current through May 31, 2024
(a) The department will, in its discretion,
				permit the attachment of utility facilities to a highway structure. The chief
				bridge engineer is responsible for exercising this discretion to grant
				permission.
(b) Attachments to a
				bridge must be located beneath the bridge structure's floor, between outer
				beams or within a cell of a box beam, and must be located above the lowest
				steel or masonry members. If the utility can demonstrate to the department's
				satisfaction that a location requirement is not feasible and that attachment at
				an alternate location will not adversely affect the design, construction,
				maintenance, safety, or operation of the structure, the department will, in its
				discretion, permit the attachment at an alternate location.
(c) Communication and electric power cables
				or conductors must be encased in an approved conduit supported by suitable
				hangers or brackets and must have appropriate expansion devices. Acceptable
				alternate methods of installation for communication cable will, in the
				department's discretion, be permitted.
(d) Where required by special provisions in
				the utility permit, pipelines carrying flammable, corrosive, or other hazardous
				materials must be encased and have sufficient venting. The facility must be
				provided with automatic shut-off valves or other safety devices at or near each
				end of the structure as specified in the special provisions of the permit. The
				department will, in its discretion, require cathodic protection.
(e) A utility shall restore or repair any
				portion of a bridge or highway that is damaged by the installation or the
				operation of a facility attached to a highway bridge structure or its
				appurtenances.
(f) The department
				will, in its discretion, require a utility to reimburse the department for any
				or all costs incurred by the department for engineering, design changes, or
				modifications of the highway bridge structure that are necessary to accommodate
				attachment of the utility facility.
Authority:
AS
					 19.05.020
AS 19.05.040
AS 19.25.010
AS 19.25.200
AS 19.30.051
AS 19.30.121
AS
					 19.40.065
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 2 - Utility Standards and Requirements › 17 AAC 15.241 - Safety precautions to be taken by permittee

Current through May 31, 2024
Each permittee shall protect the public and provide for the
				  continued safe use of a highway or other state property during construction,
				  modification, or maintenance of utility facilities. Closing off a highway or
				  highway segment or creating a detour must be specifically authorized by a
				  current department-approved traffic control plan and must be done in a manner
				  approved by the department. All traffic-control devices must comply with the
Alaska Traffic Manual,
2005, described in
				  17 AAC 20.950(1),
				  and adopted by reference.
Copies of the Alaska Traffic Manual, adopted by reference
					 in 17 AAC 15.241, are available for
					 inspection at regional offices of the Department of Transportation and Public
					 Facilities located at Juneau, Anchorage, and Fairbanks, Alaska. The Alaska
					 Traffic Manual also may be viewed through the department's Internet website at
					 http://www.dot.state.ak.us/stwddes/dcstraffic/resources.shtml.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 19.05.020
AS 19.05.040
AS 19.10.050
AS 19.25.010
AS 19.25.200
AS 19.30.121
AS 19.40.065
AS 35.05.020
AS 35.10.210
AS 35.10.230
AS 44.42.020
AS
					 44.42.030