Sec. 19.25.200. Encroachment permits; liability.

579 words·~3 min read·/ak/title-19/chapter-25/19-25-200·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.