Section 02.15.104. Relocation of utility facilities incident to airport projects.

   (a) If, incident to the construction of an airport project, the department determines and orders that a utility facility located across, along, over, under, or within a state airport must be changed, relocated, or removed, the utility owning or maintaining the facility shall change, relocate, or remove it in accordance with the order, within a reasonable time set by the department in the order.
   (b) If the utility facility is not changed, relocated, or removed in accordance with the order, a permit authorizing the facility issued by the department under AS 02.15.102 becomes invalid and the facility will be considered an unauthorized encroachment subject to the provisions of AS 02.15.114.
   (c) The cost of change, relocation, or removal, as defined in AS 02.15.260, ordered under (a) of this section is to be paid as follows:
        (1) by the department as a cost of airport construction, if the utility facility is installed or authorized after June 11, 1986 under a utility permit or a regulation and is installed in the location specified in the permit;
        (2) by the department as a cost of airport construction, if the facility was installed before June 11, 1986 under a utility permit or utility easement and is in the location specified in the permit or easement;
        (3) by the department as a cost of airport construction, if the utility facility was installed before the location became part of a state airport or before permits were required;
        (4) by the department as a cost of airport construction, if the utility permit that requires the utility to pay the relocation cost was issued more than five years before the contract for the airport construction project was first advertised;
        (5) by the utility in all other cases unless the commissioner finds it is in the public interest for the cost to be paid by the department.

Authorities

2.15.108; 2.15.114

Notes

Implemented As

17 AAC 15.321
17 AAC 15.351
17 AAC 15.501

References

17 AAC 15.321
17 AAC 15.501
AS 2.15.108 .108">Sec. 02.15.108. Relocation or removal of encroachment.
AS 2.15.114 .114">Sec. 02.15.114. Removal at owner's expense after noncompliance; removal expense.

History

(Sec. 1 ch 142 SLA 1986)