Section 19.25.200. Encroachment permits; liability.

   (a) An encroachment may be constructed, placed, changed, or maintained across or along a highway, but only in accordance with regulations adopted by the department. An encroachment may not be constructed, placed, maintained, or changed until it is authorized by a written permit issued by the department, unless the department provides otherwise by regulation. The department may charge a fee for a permit issued under this section.
   (b) The provisions under (a) of this section do not apply to a mailbox or a newspaper box attached to a mailbox.
   (c) Upon receipt of an application, the department shall issue an encroachment permit to a private person, a government agency acting in a business capacity, or an owner or lessee of land contiguous to the right-of-way for an encroachment that, on January 1, 2005, was present within the right-of-way of an interstate, primary, or secondary highway and is not authorized by a written encroachment permit if the department finds that
        (1) the encroachment does not pose a risk to the traveling public, and the integrity and safety of the highway is not compromised;
        (2) the applicant has demonstrated the encroachment was erected with the good faith belief it was lawful to erect and maintain the encroachment in its location;
        (3) the denial of the encroachment permit would pose a hardship on the person, agency, owner, or lessee who applies for the permit;
        (4) the issuance of an encroachment permit will not cause a break in access control for the highway;
        (5) the land will not be necessary for a highway construction project during the initial term of the permit; and
        (6) issuance of a permit is consistent with federal requirements regarding encroachments on federal-aid highways.
   (d) The department may not remove an encroachment present within the right-of-way of an interstate, primary, or secondary highway on January 1, 2005, unless the owner, occupant, or person in possession of the encroachment, or any other person causing or permitting the encroachment to exist, receives the notice provided under AS 19.25.230 and is informed of the application process for an encroachment permit under (c) of this section. The department may charge a fee, not to exceed $100, for an encroachment permit issued under (c) of this section. An encroachment permit issued under (c) of this section may contain reasonable conditions to protect the traveling public, the safety and integrity of a highway's design, and the public interest.
   (e) The land area described in an encroachment permit may not be used to meet minimum requirements for a contiguous land use under applicable municipal land use standards or under applicable regulations adopted by the Department of Environmental Conservation. The use of land contiguous to the land area described in the permit must satisfy the applicable municipal land use standards and applicable regulations adopted by the Department of Environmental Conservation without regard to the land area described in the permit.
   (f) The issuance of an encroachment permit under AS 19.25.200 - 19.25.250 does not entitle the owner, occupant, or person in possession of the encroachment or any other person to a payment of compensation or of relocation benefits under AS 34.60 if the encroachment permit is revoked or not renewed or if the encroachment must be changed, relocated, or removed under AS 19.25.200 - 19.25.250.
   (g) The state is not liable for damage to, or damage or injury resulting from the presence of, an encroachment in the right-of-way of a state highway.

Authorities

19.25.105;19.25.200;19.25.230;19.25.250

Notes

Implemented As

17 AAC 10.011
17 AAC 10.012
17 AAC 10.013
17 AAC 10.014
17 AAC 10.015
17 AAC 10.990
17 AAC 15.011
17 AAC 15.021
17 AAC 15.031
17 AAC 15.041
17 AAC 15.071
17 AAC 15.081
17 AAC 15.091
17 AAC 15.101
17 AAC 15.111
17 AAC 15.131
17 AAC 15.151
17 AAC 15.171
17 AAC 15.191
17 AAC 15.201
17 AAC 15.221
17 AAC 15.231
17 AAC 15.241
17 AAC 15.251
17 AAC 15.271
17 AAC 15.281
17 AAC 15.301
17 AAC 15.421
17 AAC 15.471
17 AAC 15.481
17 AAC 20.011
17 AAC 20.012
17 AAC 60.001
17 AAC 60.005
17 AAC 60.010
17 AAC 60.015
17 AAC 60.020
17 AAC 60.101
17 AAC 60.105
17 AAC 60.110
17 AAC 60.115
17 AAC 60.120
17 AAC 60.201
17 AAC 60.205
17 AAC 60.210
17 AAC 60.215
17 AAC 60.401
17 AAC 60.405
17 AAC 60.410
17 AAC 60.415
17 AAC 60.420
17 AAC 60.905
17 AAC 60.910
17 AAC 60.915
17 AAC 60.920
17 AAC 60.925
17 AAC 60.930
17 AAC 60.935
17 AAC 60.940
17 AAC 60.945
17 AAC 60.950
17 AAC 60.955
17 AAC 60.957
17 AAC 60.960
17 AAC 60.995

References

AS 19.25.105 Limitations of outdoor advertising signs, displays, and devices.
AS 19.25.200 Encroachment permits; liability.
AS 19.25.230 Notice of removal.
AS 19.25.250 Removal after noncompliance; removal expense.

History

(Sec. 2 ch 64 SLA 1971; am Sec. 41 ch 138 SLA 1986; am Sec. 4 ch 142 SLA 1986; am Sec. 10 ch 90 SLA 1991; am Sec. 2 ch 61 SLA 2005)