Section 38.04.058. Restrictions on easement or right-of-way use.

The commissioner may, under terms agreed to in writing by a grantee, lessee, or interest holder of state land, restrict the use of an easement or right-of-way reserved under AS 38.04.050, 38.04.055, or other law in order to protect public safety or property. The commissioner may not agree to or enforce a restriction under this section unless the restriction is narrowly tailored to achieve the protection of public safety and property while preserving access to the maximum extent practicable and the commissioner makes a written finding identifying how the restriction will protect public safety and public or private property.

Notes

Implemented As

11 AAC 51.010
11 AAC 51.055
11 AAC 51.065
11 AAC 51.100
11 AAC 86.145

History

(Sec. 14 ch 152 SLA 1984; am Sec. 3 ch 65 SLA 1997)