reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 2 - Utility Standards and Requirements › 17 AAC 15.251 - Installation and inspection

Current through May 31, 2024
(a) Each permittee
				shall give the department written notice not less than 10 days before the start
				of construction on any utility facility.
(b) A copy of the permit must be at the work
				site during construction and installation operations and must be shown, upon
				request, to any department representative, Alaska state trooper, or other
				enforcement officer of the state.
(c) The department will, in its discretion,
				require inspection of the facility during construction and installation
				operations. The inspection must be sufficient to ensure full compliance with
				the provisions of the permit.
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 19.30.051
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 2 - Utility Standards and Requirements › 17 AAC 15.261 - Errors in facility placement

Current through May 31, 2024
Errors by a permittee in construction or location of a
				  facility must be corrected by the permittee at his expense as soon as he has
				  knowledge of the error.
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 2 - Utility Standards and Requirements › 17 AAC 15.281 - Routine maintenance

Current through May 31, 2024
(a) Each permittee shall perform routine
				maintenance on the utility facility on a continuing basis. Maintenance work may
				not endanger any highway, airstrip, or other department property or create a
				hazard to the public.
(b) Each
				permittee shall secure authorization from the department before performing any
				maintenance which requires excavation, plowing, jacking, boring within, or in
				areas immediately adjacent to, a department right-of-way.
(c) If a permittee discontinues maintenance
				of or abandons a utility facility, the permittee shall notify the department
				within 30 days. Utility facilities that are not maintained or are abandoned are
				unauthorized encroachments.
(d) As
				part of routine maintenance required under (a) of this section, the permittee
				shall adjust manholes, valves, pull boxes, and any other object that rises to
				the surface of any paved surface within the highway right-of-way, as required
				to meet the
Alaska Standard Specifications for Highway
				Construction
, adopted by reference in
				17 AAC 15.301(d).
				The department may require additional or emergency adjustment if conditions
				warrant.
(e) If a permittee's
				routine maintenance is inadequate, the department may give notice and an
				opportunity to cure. If a permittee fails to take appropriate corrective
				actions after notice and a reasonable opportunity to cure, the department may
				perform the maintenance and charge the permittee for the reasonable associated
				costs.
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 15.291 - Emergency maintenance

Current through May 31, 2024
(a) If an accident, disaster, or other
				occurrence damages a utility facility located within a department right-of-way,
				damages a highway structure or other state property, or places a utility
				facility in danger of damage, the permittee shall immediately act to safeguard
				the public and its facilities and shall immediately notify the department and
				the Alaska State Troopers of its action. Temporary repairs must be made
				permanent as soon as practicable.
(b) The department may perform the emergency
				repair work if the department
(1) gives the
				permittee oral or written notification that immediate repairs are necessary,
				and the permittee is unable or unwilling to perform the work; or
(2) considers immediate repair work, without
				prior notification to the permittee, to be required for purposes of public
				safety.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 2 - Utility Standards and Requirements › 17 AAC 15.301 - Utility codes and standards

Current through May 31, 2024
(a) Electric power
				and communication facilities installed within department rights-of-way must
				comply with regulations of other agencies, including
(1) the
National Electrical
				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;
(2) 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;
(3) the provisions of
				3 AAC 52.260, if the utility provides telecommunications
				service; and
(4) the provisions of
				8 AAC 61.1010,
				8 AAC 61.1070 -
				8 AAC 61.1090, and
				8 AAC 61.1160 -
				8 AAC 61.1170 (Occupational Safety and Health
				Standards).
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 3 - Utility Relocation and Installation › 17 AAC 15.321 - Eligibility for relocation reimbursement

Current through May 31, 2024
If utility facilities are ordered by the department to be
				  relocated to accommodate construction and are not unauthorized encroachments as
				  described in
				  17 AAC 15.111, the utilities that
				  have facilities occupying department rights-of-way are eligible for
				  reimbursement as provided in
				  AS
				  02.15.104,
				  AS
				  19.25.020, or
				  AS
				  35.10.220, unless otherwise provided for by
				  contract or agreement between the department and the utility.
Authority:
AS
					 02.15.104
AS 19.05.020
AS 19.05.040
AS 19.25.020
AS 19.30.121
AS 19.40.065
AS 35.10.220
AS 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 3 - Utility Relocation and Installation › 17 AAC 15.331 - Utility notification and cooperation

Current through May 31, 2024
(a) The department
				will notify each utility whose facilities are known by the department to be
				affected by a proposed department project as soon as possible after the
				location and scope of the project are known.
(b) The department will furnish preliminary
				project plans and related right-of-way maps to each utility within the proposed
				project limits. After receipt of these plans and maps, each utility with
				facilities located within the project limits shall notify the department in
				writing of the location of all these facilities.
(c) If there is a conflict between a proposed
				project and existing utility facilities, the department will, in its
				discretion, require the utility to relocate its facilities. The department will
				authorize the utility in writing to proceed with preliminary engineering for
				the required relocation of the facilities and will advise the utility of its
				eligibility to be reimbursed for the cost of relocation. The utility shall
				furnish the department with its proposal for accomplishing the relocation work.
				This proposal must include the estimated cost of the relocation work and the
				working schedule the utility intends to follow regarding the relocation work.
				The work described in the proposal must be the most economical method of
				accomplishing the relocation.
(d)
				The department will furnish the utility with all necessary construction plans
				and relocation schedule forms so that the utility can coordinate its relocation
				plans, estimates, and agreements in accordance with
				17 AAC 15.421.
(e) The department will furnish the utility
				with field information necessary for the utility to establish the location and
				grade for the relocation of its facilities.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 19.05.020
AS 19.05.080
AS 19.05.080
AS 19.25.010
AS 19.25.020
AS 19.25.210
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 3 - Utility Relocation and Installation › 17 AAC 15.341 - Relocation agreements

Current through May 31, 2024
(a) When it is necessary to relocate utility
				facilities because of a proposed project by the department, the utility shall
				enter into an agreement with the department setting out the terms of the
				relocation work along with the terms of the reimbursement for the costs of the
				relocation work. The department will establish the general format of this
				agreement.
(b) If a utility
				facility located within a department right-of-way is required to be relocated
				due to highway or other construction, the department will modify the existing
				utility permit or will issue a new utility permit.
(c) The department will, in its discretion,
				elect to use a lump-sum reimbursement agreement.
(d) The department will, in its discretion,
				require that any utility relocation agreement between the department and a
				municipality include a certificate of authority or a resolution authorizing
				execution of the agreement by the appropriate governing body of the
				municipality.
(e) The department
				will return an executed copy of the relocation agreement to the utility along
				with a written authorization to proceed with the relocation work.
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 19.25.020
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 3 - Utility Relocation and Installation › 17 AAC 15.361 - Plans

Current through May 31, 2024
(a) The plans, sketches, or drawings showing
				both existing and proposed facilities must be attached to each relocation
				agreement. If there is a combination of reimbursable and non-reimbursable work,
				the plans must clearly indicate which portion of the relocation work is
				reimbursable and which portion is non-reimbursable.
(b) The plans, sketches, or drawings must be
				sufficiently detailed to show all necessary work. In addition, the plans,
				sketches, or drawings must indicate that the planned relocation meets all
				construction design requirements of the department. Construction plans prepared
				by the utility must be approved by 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 19.25.020
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 3 - Utility Relocation and Installation › 17 AAC 15.371 - Scope-of-work statement

Current through May 31, 2024
(a) A scope-of-work
				statement describing the items of work set out in the plans in sufficient
				detail so that they may be correlated with the proper items of cost in the cost
				estimate must be attached to the relocation agreement. The scope-of-work
				statement must describe any special methods of construction that are
				required.
(b) The department will,
				in its discretion, require the utility to include staking sheets in the
				scope-of-work statement.
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 19.25.020
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 3 - Utility Relocation and Installation › 17 AAC 15.381 - Utility change orders

Current through May 31, 2024
(a) Changes in the plans, specifications, or
				quantities of work for relocating facilities must be authorized by a utility
				change order issued by the department.
(b) Modified cost estimates, plans, and a
				scope-of-work statement must include in each utility change order.
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 19.25.020
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 3 - Utility Relocation and Installation › 17 AAC 15.391 - Engineering consultants

Current through May 31, 2024
(a) If a utility is
				not adequately staffed to perform the engineering for the relocation of its
				utility facilities, the department will, in its discretion, authorize the
				utility to retain an engineering consultant to perform the required
				engineering. The engineering proposal made by a consultant is subject to review
				and approval by the department.
(b)
				If a utility has a continuing contract with a consultant for engineering
				services, and if the consultant regularly performs the utility's engineering
				work at a reasonable cost, the utility may request approval for the use of the
				consultant by submitting a copy of the continuing contract to the department
				for review and approval.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 19.05.020
AS 19.05.040
AS 19.25.020
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 3 - Utility Relocation and Installation › 17 AAC 15.401 - Contract advertising and award

Current through May 31, 2024
(a) A utility may
				let a contract for the relocation of its facilities when it can show that the
				contract is necessary because it is not adequately staffed or equipped to
				perform the work itself. Bids must be requested through advertisement or
				solicited from qualified bidders, and the contract must be awarded to the
				lowest responsible bidder. The contract documents must be approved by the
				department before a contract is awarded.
(b) If a utility proposes to perform the work
				of relocation under an existing contract, the utility must furnish the
				department with a copy of the contract for review and approval.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 19.05.020
AS 19.05.040
AS 19.25.020
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 3 - Utility Relocation and Installation › 17 AAC 15.411 - Utility relocation by state contract

Current through May 31, 2024
(a) Utility
				relocation work may be performed under a construction contract or a utility
				relocation contract let by the department if the utility can demonstrate to the
				department that it is in the public interest to do so.
(b) When the utility relocation work that is
				to be included in a construction contract let by the department or in a utility
				relocation contract let by the department includes non-reimbursable items, the
				utility and the department must enter into an agreement by which the utility
				agrees to repay the department for the costs of the non-reimbursable contract
				items and any engineering expenses associated with non-reimbursable
				items.
(c) The department will, in
				its discretion, require the utility to make periodic progress payments for the
				costs of the non-reimbursable contract items. Any requirement for progress
				payments must be included in the non-reimbursable agreement referred to in (b)
				of this section. The department will, in its discretion, use these payments to
				pay for the work done by its contractor.
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 19.25.020
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 3 - Utility Relocation and Installation › 17 AAC 15.421 - Construction and inspection

Current through May 31, 2024
(a) Whenever
				practicable, a utility shall schedule the work of relocating its facilities so
				that the work can be completed before the department's construction work
				begins. When the utility relocation work is to be performed along with the
				department's construction work, the utility shall coordinate the work schedule
				of its own personnel or of its contractor with the work schedule of the
				department's contractor. The utility shall work with the department's project
				engineer in order to effect this coordination.
(b) The utility is responsible for
				identifying and locating its facilities. The utility is also responsible for
				extra costs resulting from delays to the department contractor's operations if
				the utility facilities are not relocated in accordance with the relocation
				agreement, except when the delays are beyond the control of the
				utility.
(c) Unless otherwise
				provided in the relocation agreement, the utility shall give the department
				written notice not less than 10 days before the utility intends to begin work
				on the relocation of its facilities.
(d) If required by the relocation agreement,
				the utility shall furnish the department with records of all work performed and
				all materials installed or removed.
(e) The utility shall stockpile all unusable
				materials removed from the project and shall notify the department when these
				materials are available for inspection. The department's inspector and a
				representative of the utility will inspect these materials and record their
				disposition in order to determine if any credit is due the
				department.
(f) When an unforeseen
				problem arises during utility relocation work, the department will confer with
				the utility or utilities involved and will endeavor to bring about a
				satisfactory resolution of the problem. If the problem cannot be resolved by
				the parties, it will be referred to the commissioner or his designee for
				consideration. The commissioner's decision is final.
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 19.25.020
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 3 - Utility Relocation and Installation › 17 AAC 15.431 - Billing and audit

Current through May 31, 2024
(a) Reimbursement for utility relocation work
				will be based upon the utility relocation agreement executed between the
				department and the utility described in
				17 AAC 15.341.
(b) Reimbursement for railroad relocation
				work will be based upon the railroad relocation agreement executed between the
				department and the railroad as provided in
				17 AAC 15.521.
(c) The utility shall furnish the department
				with its final and complete billing for all costs incurred in connection with
				the relocation of the facility within 120 days after the completion of the
				relocation work. The billing statement must disclose the cost of each item in
				the cost estimate that is attached to the utility relocation agreement
				described in
				17 AAC 15.351(a).
(d) If the utility fails to submit a proper
				billing within the 120-day period specified in (c) of this section, the
				department will, in its discretion, audit the utility's records and make the
				final reimbursement payment to the utility based on the audit
				findings.
(e) Under a lump-sum
				agreement as provided by
				17 AAC 15.341(c),
				a single and final billing must be submitted upon completion of the work. This
				billing must be for the amount that is stipulated in the agreement. Upon
				certification by the department that the work was completed in compliance with
				the agreement, the utility will be paid the lump-sum amount.
(f) All cost records and accounts of the
				utility are subject to audit by the department. Except where a lump-sum
				agreement is used under
				17 AAC 15.341(c),
				final payment will, in the department's discretion, be based on audit
				determinations made by the department. The department will, in its discretion,
				withhold a retainage from any billing.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 19.05.020
AS 19.05.040
AS 19.25.020
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 3 - Utility Relocation and Installation › 17 AAC 15.441 - Utility installation agreements

Current through May 31, 2024
When it is in the public interest to use utility personnel
				  and equipment to install new facilities to serve a department purpose or to
				  install new utility distribution facilities to serve department installations,
				  and when the utility will retain ownership of the facility, the utility and the
				  department shall enter into a utility installation agreement. This agreement
				  must include cost estimates, plans, and a scope-of-work statement as required
				  by 17 AAC 15.351 -
				  17 AAC 15.371. The utility is
				  eligible for reimbursement for the costs of installing the new
				  facilities.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 19.05.020
AS 19.05.040
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 3 - Utility Relocation and Installation › 17 AAC 15.451 - Termination agreements

Current through May 31, 2024
When it is in the mutual interest of the department and the
				  utility to terminate a previously executed utility agreement or utility permit,
				  a utility termination agreement must be executed.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 19.05.020
AS 19.05.040
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 3 - Utility Relocation and Installation › 17 AAC 15.461 - Emergency relocation

Current through May 31, 2024
Where unforeseen circumstances arise during construction on a
				  department right-of-way that require an immediate relocation of a utility
				  facility, the department will, in its discretion, require the immediate
				  relocation of the facility, notwithstanding the terms of any existing utility
				  permit or relocation agreement.
Authority:
AS
					 02.15.020
AS 02.15.102
AS 02.15.106
AS 19.05.020
AS 19.05.040
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 4 - Railroads › 17 AAC 15.471 - Railroad permits

Current through May 31, 2024
(a) Upon written application, the department
				will, in its discretion, issue a permit authorizing the applicant to construct
				or install railroad facilities within a department right-of-way.
(b) No permit is required for the
				reconstruction of existing crossings, structures, or other facilities or for
				the construction of additional crossings, structures, or other facilities in
				areas where a railroad holds a fee title or an easement for a railroad
				right-of-way.
(c) An application
				for a railroad permit must specifically describe the proposed facility and its
				proposed location within the department's right-of-way. The application must
				include plans and specifications so that the department can evaluate the
				engineering design and proposed location.
(d) All railroad permits will be issued in
				accordance with this section and
				17 AAC 15.011 -
				17 AAC 15.111.
(e) Whether or not a railroad facility permit
				is required, the railroad shall notify the department in writing not less than
				15 days before any construction or major maintenance activity in an area
				bordering on, adjacent to, or crossing a department right-of-way.
Authority:
AS
					 19.05.020
AS 19.05.040
AS 19.10.010
AS 19.10.020
AS 19.20.030
AS 19.20.050
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 4 - Railroads › 17 AAC 15.491 - Maintenance and repairs

Current through May 31, 2024
(a) Upon completion
				of a railroad crossing on a highway, the railroad is responsible for the
				maintenance and repair of all track bed and rail components and any state
				property located within the width of the railway ties occupying the crossing
				area. The department is responsible for the maintenance and repair of all state
				property located outside the area within the railway ties. Allocation of the
				costs of all maintenance and repairs must be included in the railroad permit
				issued under
				17 AAC 15.471.
(b) The railroad must operate and maintain
				all railroad crossing signals or other protective devices.
(c) Unless otherwise specified in the
				railroad permit, upon completion of a grade-separation structure, the
				department is responsible for the maintenance and repair of the structure and
				approaches and the railroad is responsible for the maintenance and repair of
				the track bed and rail components.
Authority:
AS
					 19.05.020
AS 19.05.040
AS 19.25.010
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 4 - Railroads › 17 AAC 15.501 - Eligibility for relocation reimbursement

Current through May 31, 2024
If railroad facilities are ordered by the department, under
				  AS
				  02.15.104,
				  AS
				  19.25.020, or
				  AS
				  35.10.220 to be relocated in order to
				  accommodate construction, a railroad that has railroad facilities occupying a
				  department right-of-way is eligible for reimbursement for the cost of the
				  relocation.
Authority:
AS
					 02.15.104
AS 19.05.020
AS 19.05.040
AS 19.25.020
AS 19.30.051
AS 19.30.121
AS 19.40.065
AS 35.10.220
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 15 - Utility and Railroad Permits › Article 4 - Railroads › 17 AAC 15.511 - Railroad relocation

Current through May 31, 2024
(a) The department will notify each railroad
				whose railroad facilities are known by the department to be affected by a
				proposed department project as soon as possible after the location and scope of
				the project are known.
(b) The
				department will furnish preliminary project plans and related right-of-way maps
				to each railroad within the proposed project limits. After receipt of these
				plans and maps, each railroad with railroad facilities located within the
				project limits shall notify the department in writing of the location of all
				those facilities.
(c) If there is a
				conflict between a proposed project and existing railroad facilities, the
				department will, in its discretion, require the railroad to relocate its
				railroad facilities. The department will authorize the railroad in writing to
				proceed with preliminary engineering for the required relocation of the
				facilities and will advise the railroad of its eligibility to be reimbursed for
				the cost of relocation. The railroad shall furnish the department with its
				proposal for accomplishing the relocation work. This proposal must include the
				estimated cost of the relocation work and working schedule the railroad intends
				to follow regarding the relocation work. The work described in the proposal
				must be the most economical method of accomplishing the relocation.
(d) The department will furnish the railroad
				with all necessary construction plans and relocation schedule forms so that the
				railroad can prepare and coordinate its relocation plans in accordance with
				17 AAC 15.421.
(e) The department will furnish the railroad
				with field information necessary for the railroad to establish the location and
				grade for the relocation of its facilities.
Authority:
AS
					 19.05.020
AS 19.05.040
AS 19.25.010
AS 19.25.020
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 4 - Railroads › 17 AAC 15.521 - Railroad relocation agreements

Current through May 31, 2024
(a) When it is
				necessary to relocate railroad facilities because of a proposed project, the
				railroad shall enter into an agreement with the department setting out the
				terms of the relocation work along with the terms of the reimbursement for the
				costs of the relocation work. This agreement will, in the department's
				discretion, provide for a lump-sum payment.
(b) The agreement mentioned in (a) of this
				section must contain a cost estimate, plans, and a scope-of-work statement as
				provided in
				17 AAC 15.351,
				17 AAC 15.361, and
				17 AAC 15.371,
				respectively.
(c) If railroad
				facilities located within a department right-of-way are required to be
				relocated due to highway or other construction, the department will modify the
				existing railroad permit or will issue a new railroad permit.
(d) Changes in the plans, specifications, or
				quantities of work for relocating railroad facilities must be authorized by a
				railroad change order issued under
				17 AAC 15.381.
(e) The department will return an executed
				copy of the relocation agreement to the railroad along with a written
				authorization to proceed with the relocation work.
(f) Billing and audit of relocation costs
				must be in accordance with
				17 AAC 15.431.
Authority:
AS
					 19.05.020
AS 19.05.040
AS 19.25.020
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 4 - Railroads › 17 AAC 15.531 - Engineering consultants

Current through May 31, 2024
(a) If a railroad
				is not adequately staffed to perform the engineering for the relocation of its
				railroad facilities, the department will, in its discretion, authorize the
				railroad to retain an engineering consultant to perform the required
				engineering. The engineering proposal made by an engineering consultant is
				subject to review and approval by the department.
(b) If a railroad has a continuing contract
				with a consultant for engineering services, and if the consultant regularly
				performs the railroad's engineering work at a reasonable cost, the railroad may
				request approval for the use of the consultant by submitting a copy of the
				continuing contract to the department for review and approval.
Authority:
AS
					 19.05.020
AS 19.05.040
AS 19.25.020
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 4 - Railroads › 17 AAC 15.541 - Railroad relocation contracts

Current through May 31, 2024
(a) If a railroad
				is not adequately staffed or equipped to perform the relocation work with its
				own forces, the department will, in its discretion, authorize the railroad to
				contract the work of relocation in accordance with
				17 AAC 15.411.
(b) Railroad relocation work may be performed
				under a construction contract or railroad relocation contract let by the
				department in accordance with
				17 AAC 15.411.
(c) Construction of railroad facilities
				performed by the railroad or the railroad's contractor must be done in
				accordance with
				17 AAC 15.421.
Authority:
AS
					 19.05.020
AS 19.05.040
AS 19.25.020
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 4 - Railroads › 17 AAC 15.551 - Engineering standards

Current through May 31, 2024
Railroad facilities installed across or within a department
				  right-of-way must comply with
				  17 AAC 15.301 and with the
				  following codes and standards:
(1) the
				American Railway Engineering Association
(A)
Manual for Railway Engineering (Fixed Properties),
1981 -
				1982;
(B)
Portfolio of
				Trackwork Plans,
1981 - 1982;
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 20 - Maintenance › 17 AAC 20.005 - Management of permissible outdoor advertising

Current through May 31, 2024
(a) A sign erected
			 or maintained for an event or activity on the site where the sign is located
			 may not be installed more than 30 days before the event or activity, and must
			 be removed not more than 10 days after the event or activity that is advertised
			 is completed.
(b) A sign
			 advertising the sale or lease of the site where the sign is installed must be
			 removed within 30 days after the sale or lease of the premises or within 10
			 days after the recording of documents evidencing the transaction, whichever
			 occurs first.
(c) The department
			 may issue a permit to allow advertising within highway rights-of-way on bus
			 benches, bus shelters, and adjacent trash receptacles. The trash receptacles
			 may not be located more than 15 feet from the bus bench or shelter. Except as
			 provided in (d) and (e) of this section, the department will select the
			 permittee through a request for proposals process that is consistent with state
			 law and that considers
(1) any annual payment
			 from the permittee to display advertising allowed by this subsection;
(2) the value of trash removal services, if
			 any, to be provided by the permittee;
(3) the proposed frequency of any trash
			 removal services;
(4)
			 qualifications of the contractor for any trash removal services to be provided;
			 and
(5) other requirements that the
			 department considers necessary to ensure compliance with AS 19.25 and this
			 section and to protect public safety.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 20 - Maintenance › 17 AAC 20.010 - Outdoor advertising. [Annulled; see editor's note.]

Current through May 31, 2024
It shall be unlawful to place, erect, or maintain any outdoor
				advertising sign within the right-of-way of any highway or highway lands, nor
				shall any permit be issued for the placement or erection of the
				sign.
The source of this section is former 14 AAC 2.391.2.
Effective July 20, 1997,
				  17 AAC 20.010 was annulled by sec.
				  7, ch. 10, SLA 1997.
Authority:
AS
				  19.05.020
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 20 - Maintenance › 17 AAC 20.011 - Highway designation

Current through May 31, 2024
For the purposes of
				AS
				19.25.105, interstate highways, primary
				highways, and secondary highways are those highways designated in the
				department's publication
Federal Aid Highways: Interstate, Primary, and
				Secondary Highways of Alaska,
adopted by reference in
				17 AAC 20.950.
Authority:
AS
				  19.05.020
AS 19.05.040
AS 19.25.105
AS 19.25.170
AS 19.25.200
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 20 - Maintenance › 17 AAC 20.012 - Removal of outdoor advertising located in highway rights-of-way

Current through May 31, 2024
(a) Except for a
			 sign that is permitted under 17 AAC 10, this chapter, or 17 AAC 60, or a sign
			 painted on a vehicle evidencing its ownership, outdoor advertising, including a
			 sign mounted or resting on a vehicle, may not be placed in the highway
			 right-of-way on the state highway system. Without notice to the owner of the
			 outdoor advertising, the department may remove outdoor advertising placed
			 within the highway right-of-way.
(b) The owner of a sign, display, or device
			 removed from a highway right-of-way under this section shall pay the department
			 a removal cost of a minimum of $50 per sign, display, or device or the actual
			 cost of removing the sign, display, or device if the documented costs of
			 removing it are more than $65. For purposes of this section, the actual cost of
			 removal includes the cost of labor, equipment, tools and supplies, and vehicles
			 used for removal. The cost of labor is $50 per hour. The cost of tools and
			 supplies, if used, is $15 per sign, display, or device. The hourly cost of
			 equipment and vehicles is the actual cost, not to exceed the applicable amount
			 set out in the Rental Rate Blue Book for Construction Equipment, Vol. 1,
			 adopted by reference in
			 17 AAC 20.950.
(c) Within 30 days after removal, if an owner
			 of a sign, display, or device removed from a highway right-of-way under this
			 section pays the actual cost of removal as determined under (b) of this
			 section, the owner may recover the sign, display, or device. If the owner does
			 not pay the actual cost of removal and recover the sign, display, or device
			 within 30 days after the removal, the department may dispose of the sign,
			 display, or device and initiate civil court proceedings against the owner for
			 the actual cost of removal.
Authority:
AS
				  19.05.020
AS 19.05.040
AS 19.25.200
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 20 - Maintenance › 17 AAC 20.013 - Removal of outdoor advertising located outside highway rights-of-way

Current through May 31, 2024
(a)
			 Before the department removes outdoor advertising that violates
			 AS
			 19.25.105(a) and (c), the
			 department will give notice in accordance with
			 AS
			 19.25.150. In the notice, the department will
			 describe the sign, display, or device to be removed and its location, specify a
			 date by which the sign, display, or device must be removed, and notify the
			 recipient that the department may remove the sign, display, or device without
			 further notice at the landowner's expense if the sign, display, or device is
			 not removed by the date specified.
(b) If a sign, display, or device remains
			 after the running of the notice period under (a) of this section, the
			 department may remove the sign, display, or device for which notice was given
			 without further notice.
(c) The
			 owner of the land from which the department has removed a sign, display, or
			 device under
			 AS
			 19.25.150 shall pay the department a removal
			 cost of a minimum of $50 per sign, display, or device or the actual cost of
			 removing the sign, display, or device if the documented costs of removing it
			 are more than $65. For purposes of this section, the actual cost of removal
			 includes the cost of labor, equipment, tools and supplies, and vehicles used
			 for removal. The cost of labor is $50 per hour. The cost of tools and supplies,
			 if used, is $15 per sign. The hourly cost of equipment and vehicles is the
			 actual cost, not to exceed the applicable amount set out in the
Rental
			 Rate Blue Book for Construction,
Vol. 1, adopted by reference in
			 17 AAC 20.950.
(d) Within 30 days after removal, if an owner
			 of land from which the department has removed an outdoor advertising sign,
			 display, or device under
			 AS
			 19.25.150 pays the actual cost of removal as
			 determined under (c) of this section, the owner may recover the sign, display,
			 or device. If the owner does not pay the actual cost of removal and recover the
			 sign, display, or device within 30 days after the removal, the department may
			 dispose of the sign, display, or device and initiate civil court proceedings
			 against the owner for the actual cost of removal.
Authority:
AS
				  19.05.020
AS 19.05.040
AS 19.25.150
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 20 - Maintenance › 17 AAC 20.015 - Highway event permits

Current through May 31, 2024
(a) A person who wishes to sponsor an event
			 that requires the use of a highway right-of-way for a walk, run, bicycle tour
			 or race, wheelchair tour or race, athletic contest, or other similar event may
			 apply to the department for a highway event permit by submitting to the
			 department a completed highway event permit application. Except for an event
			 anticipated to have less than 100 participants under (d) of this section, the
			 applicant shall submit the application to the department representative
			 specified on the application together with a nonrefundable $100 application
			 fee. A person issued a highway event permit under this section need not seek
			 any other department permit to use the highway right-of-way or highway
			 facilities. An application must be completed and signed by the event sponsor
			 and must include the following:
(1) a
			 description of the event, including the proposed route, type of event, event
			 schedule, and number of participants anticipated;
(2) a traffic control plan that considers the
			 risks presented by the event to participants and the public, including the
			 traveling public, and the steps that will be taken to protect event
			 participants and the public from these risks;
(3) if the highway right-of-way or highway
			 facilities sought to be used lie within a municipality, documentation that the
			 applicant has sought each permit or authorization, if any, that the
			 municipality requires for the event;
(4) documentation that the applicant has
			 notified each state and municipal police agency that has jurisdiction over all
			 or part of the area in which the event is to occur.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 20 - Maintenance › 17 AAC 20.017 - Lane closure permits

Current through May 31, 2024
(a) A person who wishes the use of a highway
			 right-of-way for access to, or construction and maintenance activities related
			 to, physically contiguous land during the construction, alteration, or
			 maintenance of improvements, or to allow access to utility facilities for which
			 a permit has been issued under 17 AAC 15, may apply to the department for a
			 lane closure permit by submitting a completed lane closure permit application
			 to the department representative specified on the application together with a
			 nonrefundable $100 application fee. An application must be completed and signed
			 by the applicant and must include the following:
(1) a description of the proposed use of the
			 highway right-of-way including the location of the right-of-way, described by
			 its centerline stationing on the particular highway;
(2) the duration of the proposed lane
			 closure;
(3) a traffic control plan
			 that considers the risks to the traveling public and to any individuals
			 occupying the right-of-way under the permit for the purposes specified, and the
			 steps that will be taken to protect these individuals and the traveling public
			 from the identified risks;
(4) if
			 the highway right-of-way sought to be occupied lies within a municipality,
			 documentation that the applicant has sought each permit or authorization, if
			 any, that the municipality requires for the activity.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 20 - Maintenance › 17 AAC 20.020 - Closure and restriction

Current through May 31, 2024
(a) The department
			 may restrict the use of, or close, any highway whenever the department
			 considers such closing or restriction of use necessary
(1) for the protection of the public;
			 or
(2) for the protection of such
			 highway from damage during storms, floods, thawing conditions or during
			 construction or maintenance operations.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 20 - Maintenance › 17 AAC 20.030 - Transfer of excess equipment

Current through May 31, 2024
(a) The department
			 is responsible for the transfer of excess automotive and construction equipment
			 to political subdivisions of the state for use in maintenance and construction
			 of roads and airports.
(b) The
			 department will circulate a list of such equipment periodically to all
			 political subdivisions requesting to receive such lists.
(c) Political subdivisions must make requests
			 for any desired equipment from the list within 30 days of mailing of the
			 list.
(d) Political subdivisions
			 must state in any request for excess equipment
(1) the need and contemplated use;
(2) ability to provide transportation;
			 and
(3) ability to perform
			 necessary repairs.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 20 - Maintenance › 17 AAC 20.040 - General

Current through May 31, 2024
No road maintenance of any nature shall be performed by the
				state on a highway which is not part of the Alaska Highway System, except by
				reimbursable agreement.
The source of this section is former 14 AAC
				  2.390(c).
Authority:
AS
				  19.05.020
AS
				  19.10.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 20 - Maintenance › 17 AAC 20.950 - Materials adopted by reference

Current through May 31, 2024
For purposes of this chapter, the following documents are
				adopted by reference:
(1) the
Alaska Traffic Manual,
2005, consisting of the
(A)
Manual on Uniform Traffic Control
			 Devices
, 2003, including Revision No. 1 dated November 2004, issued by
			 the United States Department of Transportation, Federal Highway Administration;
			 and
(B) department's
Alaska
			 Traffic Manual Supplement,
dated December 22, 2005;
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 20 - Maintenance › 17 AAC 20.990 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires otherwise,
(1) "highway rest stop or pullout" has the
			 meaning given in
			 17 AAC 05.990;
(2) "vehicle" has the meaning given in
			 17 AAC 25.900.
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 25 - Operations, Wheeled Vehicles › Article 1 - Motor Vehicles: Size and Weight › 17 AAC 25.011 - Prohibited vehicles and loads

Current through May 31, 2024
Except under a permit issued under this chapter, or a traffic
				  control plan approved, as part of a construction contract, by the department
				  within the limits of a highway construction project, a vehicle, including load,
				  that exceeds the size or weight limitations set out in this chapter, 17 AAC 28,
				  or 17 AAC 35 may not be driven or moved upon the state highway system. A
				  vehicle that is owned by the state and operated by a department employee acting
				  within the scope of departmental employment is not subject to the provisions of
				  this chapter.
Authority:
AS
					 19.05.010
AS 19.05.020
AS 19.05.040
AS 19.10.060
AS 44.42.020
AS 44.42.030
AS
					 45.75.050