Section 17.15.111. Utility facilities installed without permit.

	(a)  Any utility facility installation located within a department right-of-way without a utility permit is an unauthorized encroachment, except for a facility installed  
		(1) before July 1, 1960;  
		(2) before the road became a part of the state highway system;  
		(3) in accordance with any applicable requirements of the Department of Natural Resources but before the department's need or use under 17 AAC 15.031; or  
		(4) in any other manner if the utility provides adequate proof to the department of a prior valid existing right.  
	(b)  The owner of a utility facility within a department right-of-way and which is an unauthorized encroachment shall submit an application for a utility permit to the department.  
	(c)  The department will issue a utility permit for encroaching utility facilities meeting the requirements of this chapter.  
	(d)  The owner of an encroaching utility facility shall relocate the facility in order to comply with the minimum requirements of this chapter. Any relocation will be at the owner's expense. If the owner does not take appropriate action within a reasonable time, the unauthorized encroachment is subject to removal under AS 19.25.220 - 19.25.250.  

Authorities

19.05.020;19.05.040;19.25.010;19.25.200;19.25.210;19.25.220;19.30.121;19.40.065;35.05.020;35.10.210;35.10.230;44.42.020;44.42.030

Notes

Reference

17 AAC 15.012
17 AAC 15.321
17 AAC 15.471

Authority

AS 19.05.020 AS 19.05.040 AS 19.25.010 AS 19.25.200 AS 19.25.210 AS 19.25.220 AS 19.30.121 AS 19.40.065 AS 35.05.020 AS 35.10.210 AS 35.10.230 AS 44.42.020 AS 44.42.030 ________________________

History

Eff. 5/23/82, Register 82; am 7/15/2009, Register 191