Alaska Bulk Transmission Land Access(3-AK)
In Alaska, a transmission developer may need a state land right-of-way and/or a state highway right-of-way permit for a proposed projects that crosses state land or encroaches upon a state highway.
State Land Right-of-Way
For transmission lines across state land that is not a part of a state land lease, developers may apply for a Right-of-Way easement or permit from the Alaska Division of Mining Land and Water. AS 38.05.850.
State Highway Right-of-Way Permits
In Alaska, a developer must obtain a State of Alaska Department of Transportation and Public Facilities Encroachment Permit (Encroachment Permit) from the Alaska Department of Transportation and Public Facilities (DOT&PF) prior to constructing, maintaining, or changing an encroachment within a DOT&PF highway right-of-way (ROW), unless otherwise provided for by agency regulations. 17 AAC § 10.010; Alaska Stat. § 19.25.200(a).
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|State Land Right-of-Way:||Any person may need a permit, right-of-way, or easement to for the construction of electric transmission lines on state land. AS 38.05.850.|
|State Land Right-of-Way Agency:||Alaska Division of Mining Land and Water|
|State Highway Right-of-Way:||Any person may need Public Facilities Encroachment Permit to construct, maintain or change an encroachment in or on a highway right-of-way. Alaska Stat. § 19.25.200(a).|
|State Highway Right-of-Way Agency:||Alaska Department of Transportation and Public Facilities|
|Eminent Domain:||“A public utility may exercise the power of eminent domain for public uses" but cannot take land. Alaska Stat. § 42.05.631. A public utility is defined as “every corporation whether public, cooperative, or otherwise, company, individual, or association of individuals…that owns, operates, manages or controls any plant, pipeline, or system for (A) furnishing, by generation, transmission, or distribution, electrical service to the public for compensation”. Alaska Stat. § 42.05.990.|
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