Section 17 AAC 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 (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.Eff. 5/23/82, Register 82; am 7/15/2009, Register 191Authority: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