Alaska State Highway Right-of-Way Overview (3-AK-c)
State Highway Right-of-Way Overview Process
3-AK-c.1 to 3-AK-c.2 - Will the Developer Construct a Driveway or Approach Road Which Will Encroach upon a DOT&PF ROW?
If a developer intends to construct a driveway or approach road which will encroach upon a DOT&PF right-of-way, a developer must apply to the DOT&PF for a ADOT&PF Permit to Construct and Maintain a Driveway or Approach Road on a Highway Right-of-Way (Approach Road Permit) under the process outlined in Alaska Admin. Code tit. 17 §10.020-10.095. For a description of the Approach Road Permit authorization process, see:
3-AK-c.3 – Will the Developer Construct or Perform Maintenance Work upon a Utility within an DOT&PF ROW?
Before constructing or performing maintenance work upon a utility within a DOT&PF right-of-way, a developer must apply for a State of Alaska Department of Transportation and Public Facilities - Utility Permit in accordance with 17 AAC § 15.011 et. seq.. Encroachment Permits issued under Alaska Admin. Code tit. 17 §10 do not grant authorization for construction or maintenance of a utility within a DOT&PF right-of-way. For all other non-utility construction activities, a developer must pursue authorization under an Encroachment Permit via the process described in 17 AAC § 10, and outlined below. Alaska Admin. Code tit. 17 § 10.011.
3-AK-c.4 - Initiate Utility Encroachment Permit Process
A Utility Encroachment Permit authorizes activities reasonably required for the construction, maintenance, or operation of utility facilities that encroach upon a DOT&PF highway right-of-way. Alaska Admin. Code tit. 17 § 15.011(b). For a description of the Utility Encroachment Permit authorization process, see:
3-AK-c.5 - Will the Encroachment Be in the Form of a Permanent Structure?
A developer may not obtain an Encroachment Permit for any permanent structure located partially or completely on a highway right-of-way. For more information on what constitutes a permanent structure, see Alaska Admin. Code tit. 17 §10.011(c)(1). However, the DOT&PF may issue an Encroachment Permit for an existing structure, for a portion of that structure, or for existing water or sewer facilities for which the DOT&PF has not issued a utility permit under Alaska Admin. Code tit. 17 §15.011 if:
- (1) the encroachment does not present a risk to the health or safety of the public;
- (2) the construction of the encroachment occurred in good faith; and
- (3) the denial of the permit would create a hardship for the owner of the encroachment.
3-AK-c.6 – Encroachment Permit Request and Additional Requirements
The developer must submit an Encroachment Permit Request, which must include the following:
- A complete State of Alaska Department of Transportation and Public Facilities - Application/Renewal for Encroachment Permit (Application), which includes the required processing fee shown on the application form.
- A detailed site plan, including the following information:
- The business location, parking, access into the business, and location of the building where business is conducted;
- How far each proposed or existing improvement will be located from the edge of traveled way:
- The existing major attributes of the area such as vegetation, utilities, bike-paths, and road advisory signs; and
- Locations and names of all roads as well as locations of other pertinent landmarks; and
- The required photographs of the site, including:
Photos should show a view of the main highway turn-off to the business and the slope of the turnoff location. Typically, two (2) photos are taken from a distance of 100 feet in each direction and one (1) photo is taken from the centerline of the highway toward the proposed or existing improvement’s location. The applicant (developer) must mark arrows on the photo depicting the turn-off and indicating the location of any proposed or existing improvement. The photos will be used in determining if additional slope limit information is required to determine the “clear zone”. The clear zone is the total roadside border area, starting at the edge of the traveled way that should be maintained free and clear of any obstructions to the traveling public. The desired width of the clear zone is dependent upon the traffic volumes, speeds and the roadside geometry. Application p. 3. Note: If the Regional Chief Right-of-Way Agent believes it is necessary, the DOT&PF may require the applicant (developer) to furnish drawings stamped by a professional engineer registered in Alaska. Application p. 3.
In addition, the developer must also complete the following requirements:
The developer must also pay economic rent of an amount determined by the DOT&PF, or a $100 annual fee for the use of the land, whichever amount is greater. For rights-of-way held in fee simple, the DOT&PF will employ commonly accepted real estate appraisal techniques to determine the economic rent. For rights-of-way held as easements, the developer must pay 90 percent of the determined economic rent. The developer is responsible for costs incurred for hiring a state-certified appraiser as a part of this process. Application/Renewal for Encroachment Permit, p. 3; Alaska Admin. Code tit. 17 §10.013.
3-AK-c.7 - Provide Public Notice (If Applicable)
If the DOT&PF determines that it is in the best interest of the State to require public notice of the encroachment the developer must pay for public notice of the project. The DOT&PF has the discretion to require notice if the issuance of the permit may be controversial, or if public notice would be beneficial to the adjudication process. Application/ Renewal for Encroachment Permit, p. 3
3-AK-c.8 - Review Request for Encroachment Permit
Upon receipt of application materials, the DOT&PF will review the materials and decide whether to approve the application and issue the Encroachment Permit. Alaska Admin. Code tit. 17 §10.011(b); Alaska Admin. Code tit. 17 §10.012.
3-AK-c.9 to 3-AK-c.10 - Was the Application Approved?
The DOT&PF will, in its discretion, grant an encroachment permit under if it determines that:
- The integrity and safety of the highway is not compromised;
- The issuance of the permit will not cause a break in access control for the highway;
- The land will not be necessary for a highway construction project during the initial term of the permit; and
- Issuing the permit is in the best interest of the state.
If the application is not approved, the DOT&PF will send the developer a letter of explanation.
3-AK-c.11 - Encroachment Permit
After approving the application, the ADOT&PF issues the Encroachment Permit. The encroachment permit is valid for a term of no more than five years, though the department may approve requests for permit renewals for additional subsequent terms of no more than five years each. Alaska Admin. Code tit. 17 §10.011(b)). The department may impose any additional conditions upon encroachment permits necessary to protect members of the public traveling on the road, to protect the safety and integrity of a highway's design, and to ensure protection of the public interest and the state’s best interests. Alaska Admin. Code tit. 17 §10.014. The department may revoke an encroachment permit before the end of its term after issuing notice to the developer at least 30 days before the date of revocation. In such cases, the developer is not entitled to payment of just compensation or relocation benefits. Alaska Admin. Code tit. 17 §10.011(b)).
3-AK-c.12 - Appeal Decision (Optional)
If the DOT&PF denies the developer’s request for an Encroachment Permit, or if the developer is dissatisfied with any conditions attached to the Encroachment Permit as issued, the developer may appeal the decision by following the process and requirements outlined under Alaska Admin. Code tit. 17 §85.010-85.990. Alaska Admin. Code tit. 17 § 10.950. To initiate the appeals process, the developer must submit a notice of the appeal to the director of the regional DOT&PF office where the decision was made within 30 days after receiving notification of the department's decision. Alaska Admin. Code tit. 17 §85.020.
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- Alaska –Alaska Admin. Code tit. 17 § 10.010
- Alaska— Alaska Admin. Code tit. 17 § 10.011(c), Types of Encroachments Authorized
- Alaska –Alaska Admin. Code tit. 17 § 5, Administration
- Alaska –Alaska Admin. Code tit. 17 § 10.12, Approval Requirements for Encroachments
- Alaska –Alaska Admin. Code tit. 17 § 15.011 et. Seq, Utility and Railroad Permits
- Alaska—Alaska Admin. Code tit. 17 § 85.020, Appeals
- State of Alaska Department of Transportation and Public Facilities Encroachment Permit
- State of Alaska Department of Transportation and Public Facilities - Application/Renewal for Encroachment Permit
- ADOT&PF Permit to Construct and Maintain a Driveway or Approach Road on a Highway Right-of-Way
- State of Alaska Department of Transportation and Public Facilities - Utility Permit
Alaska Department of Transportation and Public Facilities
Statewide Right-of-Way Chief 907-465-6954