Sec. 19.05.010. Department to supervise highway system.

The department is responsible for the planning, construction, maintenance, protection, and control of the state highway system.

History. (§ 1 art III title I ch 152 SLA 1957)

Cross references. —

See note to AS 19.05.030 .

Administrative Code. —

For memorial sign program, see 17 AAC 8.

For maintenance, see 17 AAC 20.

For commercial motor vehicles: size and weight, see 17 AAC 25, art. 1.

For commercial motor vehicles: safety and hazardous materials, see 17 AAC 25, art. 2.

For oversize and overweight vehicles, see 17 AAC 25, art. 3.

For waivers, see 17 AAC 25, art. 4.

For toll highways, see 17 AAC 35.

For Anton Anderson memorial tunnel, see 17 AAC 38.

For tourist-oriented directional signs, see 17 AAC 60, art. 1.

For logo signs, see 17 AAC 60, art. 2.

For recreational and cultural interest area signs, see 17 AAC 60, art. 3.

For tourist information kiosks, see 17 AAC 60, art. 5.

Opinions of attorney general. —

Although there is no specific grant of authority to the Department of Transportation and Public Facilities to transfer highways to a municipality, the power to effectuate such a transfer may be considered as implicit through the operation of AS 19.05.040 , 19.05.060 , 19.05.070 , 19.10.020 and this section. January 1, 1987 Op. Att’y Gen.

The Department of Transportation and Public Facilities can manage and operate a vessel maintenance facility under the authority of AS 44.42.020(a)(1) and (a)(7) and this section. July 1, 1985 Op. Att’y Gen.

Sec. 19.05.020. Regulations.

The department shall adopt regulations necessary to carry out the purpose of AS 19.05 — AS 19.25. The regulations may not conflict with AS 36.30 (State Procurement Code) or regulations adopted by the Department of Administration to implement that chapter.

History. (§ 1 art III title I ch 152 SLA 1957; am § 10 ch 106 SLA 1986)

Administrative Code. —

For administration, see 17 AAC 5.

For memorial sign program, see 17 AAC 8.

For encroachment permits, see 17 AAC 10, art. 1.

For driveway and approach road permits, see 17 AAC 10, art. 2.

For land disposal, see 17 AAC 10, art. 3.

For utility permits, see 17 AAC 15, art. 1.

For utility standards and requirements, see 17 AAC 15, art. 2.

For utility relocation and installation, see 17 AAC 15, art. 3.

For railroads, see 17 AAC 15, art. 4.

For maintenance, see 17 AAC 20.

For commercial motor vehicles: size and weight, see 17 AAC 25, art. 1.

For commercial motor vehicles: safety and hazardous materials, see 17 AAC 25, art. 2.

For oversize and overweight vehicles, see 17 AAC 25, art. 3.

For waivers, see 17 AAC 25, art. 4.

For buses, see 17 AAC 28.

For toll highways, see 17 AAC 35.

For Anton Anderson memorial tunnel, see 17 AAC 38.

For tourist-oriented directional signs, see 17 AAC 60, art. 1.

For logo signs, see 17 AAC 60, art. 2.

For recreational and cultural interest area signs, see 17 AAC 60, art. 3.

For tourist information kiosks, see 17 AAC 60, art. 5.

For marine highway system procurement procedures, see 17 AAC 70, art. 3.

For appeals, see 17 AAC 85.

Opinions of attorney general. —

A policy of publishing regulations concerning bidding and letting of contracts in the Administrative Code is consistent with the Alaska Administrative Procedure Act (AS 44.62.010 — 44.62.950 ), since these regulations are regulations in which an important portion of the public has a vital interest and since they are of great use to the portion of the public interested in dealing and contracting with the state. 1959 Alas. Op. Att'y Gen. No. 27.

Sec. 19.05.030. Duties of department.

The department has the following duties:

1. direct approved highway planning and construction and maintenance, protection, and control of highways;
2. employ assistants and employees;
3. certify and approve vouchers;
4. provide a program of highway research;
5. prepare a budget;
6. review the annual highway program;
7. develop and implement an avalanche control plan to protect persons who use public highways;
8. review and respond to recommendations regarding the statewide transportation improvement program that are made by the Alaska Marine Highway Operations Board established under AS 19.65.110 ;
9. report, in a manner that is easily available to the public and the media, including on the department’s Internet website, on the progress of the Alaska marine highway system in meeting the performance goals established by the Alaska Marine Highway Operations Board under AS 19.65.011 .

History. (§ 2 art IV title I ch 152 SLA 1957; am § 2 ch 119 SLA 1980; am § 1 ch 20 SLA 2021)

Cross references. —

For participation in statewide avalanche warning system, see AS 18.76.010 .

Administrative Code. —

For administration, see 17 AAC 5.

For Anton Anderson memorial tunnel, see 17 AAC 38.

Effect of amendments. —

The 2021 amendment, effective October 11, 2021, added (8) and (9), and made a related change.

Sec. 19.05.040. Powers of department.

The department may

1. acquire property;
2. exercise the power of eminent domain;
3. take immediate possession of real property, or any interest in real property under a declaration of taking or by other lawful means;
4. acquire rights-of-way for present or future use;
5. control access to highways;
6. regulate roadside development;
7. preserve and maintain the scenic beauty along state highways;
8. dispose of property acquired for highway purposes;
9. accept and dispose of federal funds or property available for highway construction, maintenance, or equipment;
10. enter into contracts or agreements relating to highways with the federal government, municipalities, a political subdivision, or with a foreign government, if the contract is approved by the federal government;
11. establish, levy, and collect tolls, fees, charges, and rentals for the use of state roads, highways, bridges, tunnels, crossings, and causeways;
12. award and administer grants authorized by appropriation by the legislature; and
13. exercise any other power necessary to carry out the purpose of AS 19.05 — AS 19.25.

History. (§ 2 art III title I ch 152 SLA 1957; am § 3 ch 35 SLA 1971; am § 2 ch 162 SLA 1984; am § 1 ch 165 SLA 1988; am E.O. No. 101 § 2 (2000); am § 1 ch 39 SLA 2005)

Revisor’s notes. —

In 2008, paragraph (12) was renumbered as (13) and paragraph (13) was renumbered as (12).

Administrative Code. —

For administration, see 17 AAC 5.

For memorial sign program, see 17 AAC 8.

For driveway and approach road permits, see 17 AAC 10, art. 2.

For utility permits, see 17 AAC 15, art. 1.

For utility standards and requirements, see 17 AAC 15, art. 2.

For utility relocation and installation, see 17 AAC 15, art. 3.

For railroads, see 17 AAC 15, art. 4.

For maintenance, see 17 AAC 20.

For commercial motor vehicles: size and weight, see 17 AAC 25, art. 1.

For commercial motor vehicles: safety and hazardous materials, see 17 AAC 25, art. 2.

For oversize and overweight vehicles, see 17 AAC 25, art. 3.

For waivers, see 17 AAC 25, art. 4.

For buses, see 17 AAC 28.

For toll highways, see 17 AAC 35.

For Anton Anderson memorial tunnel, see 17 AAC 38.

For tourist-oriented directional signs, see 17 AAC 60, art. 1.

For logo signs, see 17 AAC 60, art. 2.

For recreational and cultural interest area signs, see 17 AAC 60, art. 3.

For tourist information kiosks, see 17 AAC 60, art. 5.

Legislative history reports. —

For report on ch. 35, SLA 1971 (HB 387), see 1971 House Journal, p. 776.

Opinions of attorney general. —

The Department of Transportation and Public Facilities possesses the authority to lease for operation a vessel maintenance facility it manages, by virtue of AS 44.42.020(a)(6) and this section. July 1, 1985 Op. Att’y Gen.

Although there is no specific grant of authority to the Department of Transportation and Public Facilities to transfer highways to a municipality, the power to effectuate such a transfer may be considered as implicit through the operation of AS 19.05.010 , 19.05.060 , 19.05.070 , 19.10.020 and this section. January 1, 1987 Op. Att’y Gen.

It is within the power of the Department of Transportation and Public Facilities under paragraph (11) to charge a toll for use of the James Dalton Highway. February 20, 1987 Op. Att’y Gen.

Sec. 19.05.043. Child safety device loan program.

1. There is established a child safety device loan program in the highway safety planning agency in the Department of Transportation and Public Facilities.
2. The director of the highway safety planning agency shall design the child safety device loan program to work in conjunction with private and federal programs operating in the state and shall
   1. provide to every hospital and birthing center in the state, subject to the availability of funds, child safety devices for infants and children to be loaned to the public at nominal fees;
   2. disseminate materials, printed advertisements, and radio and television messages to educate the public about the risks of injury to and death of unrestrained infants and children in motor vehicles and to explain to the public the provisions of AS 28.05.095 .
3. A peace officer who stops a driver for an alleged violation of AS 28.05.095 shall inform the driver about the loan program.

History. (E.O. No. 101 § 3 (2000))

Sec. 19.05.045. Relocation payments. [Repealed, § 2 ch 60 SLA 1969.]

Sec. 19.05.046. Accounting and disposition of receipts from nonstate entities. [Repealed, § 28 ch 90 SLA 1991.]

Sec. 19.05.050. Roads in tourist and trailer camps.

The department may adopt regulations governing the use of roads in tourist, trailer, and other camps when public and private roads in or through the camps are used by, or are open to, the general public.

History. (§ 1 ch 59 SLA 1955)

Sec. 19.05.060. Sale of obsolete equipment and material.

The department may sell, exchange, or otherwise dispose of obsolete machinery, equipment, and material no longer needed, required, or useful for construction or maintenance purposes. Money derived from the sale of the property shall be credited to the funds from which the purchase was originally made.

History. (§ 3 art IV title IV ch 152 SLA 1957)

Administrative Code. —

For maintenance, see 17 AAC 20.

For buses, see 17 AAC 28.

Opinions of attorney general. —

Although there is no specific grant of authority to the Department of Transportation and Public Facilities to transfer highways to a municipality, the power to effectuate such a transfer may be considered as implicit through the operation of AS 19.05.010 , 19.05.040 , 19.05.070 , 19.10.020 and this section. January 1, 1987 Op. Att’y Gen.

Sec. 19.05.070. Vacating and disposing of land and rights in land.

1. The department may vacate land, or part of it, or rights in land acquired for highway purposes, by executing and filing a deed in the appropriate recording district.  Upon filing, title to the vacated land or interest in land inures to the owners of the adjacent real property in the manner and proportion considered equitable by the commissioner and set out in the deed.
2. If the department determines that land or rights in land acquired by the department are no longer necessary for highway purposes the department may
   1. transfer the land or rights in land to the Department of Natural Resources for disposal; or
   2. sell, contract to sell, lease, or exchange land or rights in land according to terms, standards, and conditions established by the commissioner.
3. Proceeds received from disposal of land or rights in land as authorized by this section shall be credited to the funds from which the purchase of the land was made originally.

History. (§ 4 art IV title IV ch 152 SLA 1957; am § 4 ch 35 SLA 1971)

Administrative Code. —

For encroachment permits, see 17 AAC 10, art. 1.

For land disposal, see 17 AAC 10, art. 3.

Opinions of attorney general. —

Although there is no specific grant of authority to the Department of Transportation and Public Facilities to transfer highways to a municipality, the power to effectuate such a transfer may be considered as implicit through the operation of AS 19.05.010 , 19.05.040 , 19.05.060 , 19.10.020 and this section. January 1, 1987 Op. Att’y Gen.

Sec. 19.05.080. Acquisition of land, easements, and materials by purchase or eminent domain.

The department on behalf of the state and as part of the cost of constructing or maintaining a highway may purchase in the open market, acquire, take over, or condemn under the right and power of eminent domain land in fee simple or easements that it considers necessary for present public use, either temporary or permanent, or that it considers necessary and reasonable for the public use. By the same means, the department may obtain material, including clay, gravel, sand, or rock, or the land necessary to obtain material, including access to it. The department may acquire the land or materials notwithstanding the fact that title to it is vested in the state or a department, agency, commission, or institution of the state. Acquisition of materials by purchase in the open market under this section is governed by AS 36.30 (State Procurement Code).

History. (§ 1 art I title IV ch 152 SLA 1957; am § 11 ch 106 SLA 1986)

Cross references. —

For general provisions concerning eminent domain, see AS 09.55.240 — 09.55.460 . For power of department of transportation and public facilities to exercise power of eminent domain, see AS 44.42.020(b) .

Administrative Code. —

For utility relocation and installation, see 17 AAC 15, art. 3.

Sec. 19.05.090. Declaration of taking.

A declaration of taking in the form of an order signed by the commissioner, or by a designee of the commissioner within the department, declaring that the real property, or interest in it, or an easement, is necessary for the public use of the state vests title in the state. However, a declaration of taking is not effective until eminent domain proceedings have been instituted in the proper court, and a copy of the declaration of taking has been recorded in the office of the recorder in the district where the land is located. The department shall pay from the appropriate fund into court the amount it considers represents a reasonable valuation for the land, easement, or materials taken.

History. (§ 1 art I title IV ch 152 SLA 1957; am § 1 ch 88 SLA 1967)

Revisor’s notes. —

Minor word changes related to the recording of documents were made in this section in 1988 because of the enactment of ch. 161, SLA 1988.

Cross references. —

For general provisions concerning eminent domain, see AS 09.55.240 — 09.55.460 ; for power of Department of Transportation and Public Facilities to exercise power of eminent domain, including declaration of taking, see AS 44.42.020(b) .

Sec. 19.05.100. Acquisition of excess land.

When a part of a parcel of land is taken and the remainder is in a shape or condition that is of little value to its owner, or gives rise to claims or litigation concerning severance or other damage, the department may acquire the whole parcel and may sell the remainder or exchange it for other property needed for state highway rights-of-way.

History. (§ 2(1) art I title IV ch 152 SLA 1957; added by § 3 ch 122 SLA 1960)

Sec. 19.05.110. Authority to condemn property for purpose of exchange for public land.

When property that is devoted to or held for another public use for which the power of eminent domain may be exercised is taken for highway purposes, the department may, with the consent of the person or agency in charge of the other public use, condemn real property to be exchanged with such person or agency for the real property so taken. This section does not limit the authorization of the department to acquire, other than by condemnation, property for that purpose in any other manner.

History. (§ 2(2) art I title IV ch 152 SLA 1957; added by § 3 ch 122 SLA 1960)

Revisor’s notes. —

In 1996, “real property to be exchanged with such person or agency for” was substituted for “the real property to be exchanged for” in order to return the language to the 1960 enactment.

Sec. 19.05.120. Authority to purchase property for the purpose of exchange.

When the commissioner formally declares that it is in the best public interest of the state to do so, the department may acquire by purchase or otherwise privately or publicly owned land or an interest in it for the purpose of exchanging it for privately or publicly owned land which the department is authorized by law to acquire.

History. (§ 2(3) art I title IV ch 152 SLA 1957; added by § 3 ch 122 SLA 1960)

Sec. 19.05.122. Utility corridor and railroad right-of-way for extension of the Alaska Railroad. [Repealed, § 2 ch 45 SLA 2004. For related provisions, see AS 42.40.460 — 42.40.465.]

Sec. 19.05.123. Fairbanks — Seward Peninsula transportation and utility corridor.

1. Subject to legislative appropriation, the department shall identify and delineate a proposed transportation and utility corridor between Fairbanks and the western end of the Seward Peninsula.
2. In performing the work required by (a) of this section,
   1. the railroad alignment and identification of a railroad right-of-way of not less than 500 feet, together with adjacent sites that can be developed for necessary construction materials, shall guide the identification and delineation of the corridor; and
   2. the department shall consider the following factors:
      1. grade and alignment standards that are commensurate with rail and road construction standards;
      2. availability of construction materials;
      3. safety;
      4. impacts on and service to adjacent communities;
      5. environmental concerns;
      6. use of public land to the maximum degree possible;
      7. minimization of probable construction costs;
      8. the location of, and the opportunity to obtain access to, identified natural resources that could contribute significantly to the state’s economic development; and
      9. prior and established traditional uses.
3. Within 90 days after receiving a report transmitting the work of the department under (a) of this section, the commissioner shall, in conformity with AS 44.62 (Administrative Procedure Act), if necessary, adopt a regulation approving, modifying, or rejecting the proposed corridor.
4. If the commissioner approves or modifies the proposed corridor when presented under (c) of this section,
   1. the Department of Natural Resources shall promptly classify, or reclassify, and reserve any state land within the corridor and at adjacent sites that can be developed for necessary construction materials for use as a corridor; and
   2. the department shall
      1. subject to legislative appropriation, exercise its authority under AS 19.05.040 to acquire rights-of-way across land within the corridor that is subject to the state’s power of condemnation; and
      2. work with federal officials to secure reclassification and withdrawal of federal land in the corridor for reservations and rights-of-way across the federal land for use as a corridor.
5. The requirements of AS 38.05 (Alaska Land Act) relating to classification and reclassification of land are inapplicable to actions taken under this section.
6. To complete the work required by this section, the commissioner may accept any legal gifts and grants and may enter into contracts or other transactions or agreements relating to it with the federal government, an agency or instrumentality of the state, a municipality, or a private organization.
7. In this section, “corridor” means the transportation and utility corridor required to be identified and delineated by (a) of this section.

History. (§ 1 ch 83 SLA 1994)

Delayed repeal of section. —

Under § 2, ch. 83, SLA 1994, this section is repealed July 1, 2055.

Revisor’s notes. —

Formerly AS 19.25.123 . Renumbered in 1996.

Sec. 19.05.125. Purpose.

The purpose of AS 19.05 — AS 19.25 is to establish a highway department capable of carrying out a highway planning, construction, and maintenance program that will provide a common defense to the United States and Alaska, a network of highways linking together cities and communities throughout the state (thereby contributing to the development of commerce and industry in the state, and aiding the extraction and utilization of its resources), and otherwise improve the economic and general welfare of the people of the state.

History. (§ 2 art I title I ch 152 SLA 1957; am § 28 ch 32 SLA 1971)

Administrative Code. —

For toll highways, see 17 AAC 35.

Sec. 19.05.130. [Renumbered as AS 19.59.001.]

Sec. 19.05.140. [Renumbered as AS 19.59.002.]

Sec. 19.10.010. Dedication of land for public highways.

A tract 100 feet wide between each section of land owned by the state, or acquired from the state, and a tract four rods wide between all other sections in the state, is dedicated for use as public highways. The section line is the center of the dedicated right-of-way. If the highway is vacated, title to the strip inures to the owner of the tract of which it formed a part by the original survey.

History. (§ 1 ch 123 SLA 1951; am § 1 ch 35 SLA 1953)

Administrative Code. —

For railroads, see 17 AAC 15, art. 4.

Opinions of attorney general. —

Each surveyed section in the state is subject to a section line right-of-way for construction of highways if, at any time between April 6, 1923 and January 18, 1949, or at any time after March 26, 1951 (March 21, 1953 for unreserved public land), it was owned by or acquired from the Territory or State of Alaska, or it was unreserved public land, see 1969 Alas. Op. Att'y Gen. No. 7.

Sec. 19.10.015. Establishment of highway widths.

1. It is declared that all officially proposed and existing highways on public land not reserved for public uses are 100 feet wide. This section does not apply to highways that are specifically designated to be wider than 100 feet.
2. Notwithstanding (a) of this section, a municipality may designate the width of a road that is not a part of the state highway system if the municipality maintains the road.

History. (§ 1 ch 35 SLA 1963; am § 1 ch 158 SLA 1980)

Sec. 19.10.020. Designation of state highway system.

The department may designate, locate, create, and determine what highways constitute the state highway system. In designating, locating, creating, and determining the several routes of the state highway system, the department shall strive to attain the purposes and objectives set out in AS 19.05.125 .

History. (§ 1 art III title II ch 152 SLA 1957)

Administrative Code. —

For administration, see 17 AAC 5.

For railroads, see 17 AAC 15, art. 4.

Opinions of attorney general. —

Although there is no specific grant of authority to the Department of Transportation and Public Facilities to transfer highways to a municipality, the power to effectuate such a transfer may be considered as implicit through the operation of AS 19.05.010 , 19.05.040 , 19.05.060 , 19.05.070 and this section. January 1, 1987 Op. Att’y Gen.

Sec. 19.10.030. Responsibility for system.

The department is responsible for the construction and maintenance of the state highway system.

History. (§ 2 art III title II ch 152 SLA 1957)

Administrative Code. —

For maintenance, see 17 AAC 20.

For Anton Anderson memorial tunnel, see 17 AAC 38.

Sec. 19.10.040. Uniform system of marking and posting.

The department shall classify, designate, and mark highways under its jurisdiction and shall provide a uniform system of marking and posting these highways. The system of marking and posting must correlate with and, as far as possible, conform to the recommendations of the Manual on Traffic Control Devices as adopted by the American Association of State Highway Officials.

History. (§ 3 art III title II ch 152 SLA 1957)

Administrative Code. —

For utility standards and requirements, see 17 AAC 15, art. 2.

For railroads, see 17 AAC 15, art. 4.

For Anton Anderson memorial tunnel, see 17 AAC 38.

Sec. 19.10.050. Traffic control signals.

The department shall prescribe types of traffic control signals to regulate traffic on highways. These signals must correlate with and, as far as possible, conform to the recommendations of the Manual on Uniform Traffic Control Devices as adopted by the American Association of State Highway Officials. The department shall adopt uniform regulations for the placing and installation of traffic control signals.

History. (§ 4 art III title II ch 152 SLA 1957)

Administrative Code. —

For driveway and approach road permits, see 17 AAC 10, art. 2.

For utility standards and requirements, see 17 AAC 15, art. 2.

For railroads, see 17 AAC 15, art. 4.

For Anton Anderson memorial tunnel, see 17 AAC 38.

Sec. 19.10.052. [Renumbered as AS 19.20.017.]

Sec. 19.10.060. Size, weight, and load provisions; restriction on use of highways; regulations.

1. The department, with respect to highways under its jurisdiction, may
   1. establish limitations on weight, size, and load of vehicles, except as otherwise provided in AS 19.10.065 ;
   2. prohibit the operation or impose restrictions on vehicular use of highways during certain seasons of the year.
2. The department shall operate motor vehicle weighing stations, issue special written permits authorizing the operation of overweight and oversize vehicles, establish fees for the overweight and oversize vehicle special permits, enforce the size, weight, and load limitations adopted under this section, and establish regulations relating to pilot car services and the enforcement of the size, weight, and load limitations adopted under this section.
3. Except for requirements relating to a commercial motor vehicle driver’s licensing program under AS 28, the department shall adopt regulations under AS 44.62 (Administrative Procedure Act) that are necessary to implement federal statutes or regulations that relate to commercial motor vehicles.

History. (§ 5 art III title II ch 152 SLA 1957; am § 1 ch 55 SLA 1963; am § 25 ch 144 SLA 1977; am § 2 ch 77 SLA 1982; am § 1 ch 26 SLA 1987; am E.O. No. 98 § 3 (1997); am § 1 ch 80 SLA 2003; am § 1 ch 4 SLA 2013)

Administrative Code. —

For commercial motor vehicles: size and weight, see 17 AAC 25, art. 1.

For commercial motor vehicles: safety and hazardous materials, see 17 AAC 25, art. 2.

For oversize and overweight vehicles, see 17 AAC 25, art. 3.

For waivers, see 17 AAC 25, art. 4.

For buses, see 17 AAC 28.

For toll highways, see 17 AAC 35.

For Anton Anderson memorial tunnel, see 17 AAC 38.

Effect of amendments. —

The 2013 amendment, effective July 8, 2013, in (c), substituted “federal statutes or regulations that relate to commercial motor vehicles” for “requirements imposed by federal statute or regulation that relate to commercial motor vehicles and that are necessary to avoid loss or withholding of federal highway money”.

Sec. 19.10.065. Operation of farm equipment on highways.

1. Implements of husbandry, as defined by regulation under AS 28.05.011 , are not subject to restrictions adopted under AS 19.10.060(a)(1) unless the implement is the load of another vehicle. Implements of husbandry may be operated on highways subject to the department’s jurisdiction without obtaining a permit, as provided in this section.
2. The incidental operation of an implement of husbandry up to 12 feet wide on a state highway is authorized without a permit if the implement
   1. is operated only during the period from one-half hour after sunrise to one-half hour before sunset;
   2. displays a slow-moving vehicle emblem on the rear of the implement;
   3. displays a red flag on the implement in a location that affords greatest visibility; and
   4. is moving from one farm operation to another within 50 miles of the home base of the implement of husbandry.
3. An implement of husbandry that is more than 12 feet wide may be operated on a state highway without a permit if it meets the provisions of (b) of this section and is preceded by a pilot car during operation on the highway.

History. (§ 2 ch 26 SLA 1987)

Revisor’s notes. —

In 1997, in subsection (a), “AS 19.10.060 (a)(1)” was substituted for “AS 19.10.060 (1)” to reflect the addition of AS 19.10.060(b) and (c) by § 3, E.O. 98.

Sec. 19.10.070. Speed limits and zones.

The department may conduct investigations with the assistance of the Department of Public Safety and shall determine safe speed limits and safe speed zones on highways and other roadways under its jurisdiction.

History. (§ 6 art III title II ch 152 SLA 1957; am § 1 ch 23 SLA 1986)

Collateral references. —

Legal aspects of speed bumps. 60 ALR4th 1249.

Sec. 19.10.072. Procedures for determination of speed limits and zones.

1. In determining safe speed limits and safe speed zones, the department shall consider the following factors in the order of priority listed:
   1. neighborhood safety, including the presence of children and pedestrian traffic;
   2. the presence of schools, houses, parks, and crosswalks;
   3. the presence of driveways, parked vehicles, and multiple turn locations;
   4. that speed at which safe and prudent drivers could pass through the speed zone; and
   5. the effectiveness of local enforcement of the speed zone.
2. In determining safe speed limits and safe speed zones within a municipality, the department shall consult with that municipality. In determining safe speed limits and safe speed zones on highways and other roadways under its jurisdiction, the department shall also consult with community councils or other community organizations in the affected area if the community councils or other community organizations request in writing to participate in the determination.  The department shall provide notice and opportunity for a hearing before establishing a speed limit or speed zone other than as recommended by a municipality, community council, or other community organization.

History. (§ 2 ch 23 SLA 1986)

Sec. 19.10.075. Designation of traffic safety corridors; fines.

1. To promote traffic safety, the department may designate a portion of a highway to be a traffic safety corridor. The commissioner shall establish criteria for the designation and continuation of traffic safety corridors. In establishing the criteria, the commissioner may consider accident data and reports, the type and volume of vehicular traffic, engineering and traffic studies, and other relevant factors. Before the department designates a traffic safety corridor, the commissioner shall consult with the commissioner of public safety and shall consult with other local, state, and federal agencies with responsibility for traffic safety. A motor vehicle or traffic offense committed in a traffic safety corridor is subject to a double fine as provided in AS 28.90.030 . The department shall erect signs designating traffic safety corridors and alerting the public that motor vehicle and traffic offenses committed within a corridor are subject to double fines. A claim for damages may not be made against the state or its officers, employees, or agents for an act or omission relating to the designation of and erection of signs regarding a traffic safety corridor.
2. The legislature may appropriate 50 percent of the fines for offenses committed in a traffic safety corridor imposed under AS 28.90.030 and collected and separately accounted for by the state under AS 37.05.142 , to the division of the department responsible for highway safety planning, for highway safety programs.

History. (§ 1 ch 45 SLA 2006)

Revisor’s notes. —

In 2007, “AS 28.90.030 ” was substituted for “AS 28.40.070 ” to reflect the 2006 renumbering of AS 28.40.070 .

Legislative history reports. —

For governor’s transmittal letter for ch. 45, SLA 2006 (SB 261), relating to the designation of traffic safety corridors, see 2006 Senate Journal 2037 — 2038.

Sec. 19.10.080. Designation of through highways.

The department may designate through highways by erecting stop signs at the entrances to them.

History. (§ 7 art III title II ch 152 SLA 1957)

Sec. 19.10.085. Naming of a highway.

1. A highway constructed by the department under AS 19.05 — AS 19.40 may be given a name only by law.
2. This section does not apply to
   1. a road constructed by a municipality under a grant authorized by AS 19.05 — AS 19.40;
   2. local service roads and trails.

History. (§ 1 ch 4 SLA 1981)

Revisor’s notes. —

Enacted as AS 19.05.150. Renumbered in 1981.

Cross references. —

For statutory provisions naming certain highways, see AS 35.40.

Sec. 19.10.090. Erection and maintenance of guard rails.

The department may erect and maintain guard rails, stretch wires, and other devices on highways.

History. (§ 8 art III title II ch 152 SLA 1957)

Sec. 19.10.095. Signs promoting the use of safety belts and child safety devices.

The department may erect and maintain signs encouraging the use of safety belts and child safety devices at the site of a motor vehicle accident where a fatality occurred as the result of a person’s failing to use a safety belt or child safety device. This section does not limit the authority of the department to erect or maintain signs to protect the public safety and welfare of persons using the highways of the state.

History. (§ 2 ch 15 SLA 2005; am § 1 ch 34 SLA 2009)

Effect of amendments. —

The 2009 amendment, effective September 15, 2009, added “and child safety devices” or similar, in the heading and throughout the section.

Sec. 19.10.100. Closing highways.

When it is necessary to exclude traffic from any portion of a highway, the department may close that portion of the highway by posting in a conspicuous manner, at each end of the portion closed, suitable signs warning the public that the road is closed under authority of law, and by erecting suitable obstructions.

History. (§ 8 art IV title II ch 152 SLA 1957)

Administrative Code. —

For maintenance, see 17 AAC 20.

For commercial motor vehicles: size and weight, see 17 AAC 25, art. 1.

For Anton Anderson memorial tunnel, see 17 AAC 38.

Sec. 19.10.110. Traffic surveys, plans, and recommendations.

The department may collect, analyze, and interpret physical and economic data needed to measure existing and estimated future highway characteristics such as origin and destination, volumes, speeds, accidents, congestion, parking, pedestrian use of highways, and the economic loss caused by inferior traffic facilities, including the preparation of traffic plans and recommendations.

History. (§ 5 art IV title II ch 152 SLA 1957)

Collateral references. —

39 Am. Jur. 2d, Highways, Streets and Bridges, §§ 32 et seq., 103 et seq.

40 C.J.S., Highways, § 175 et seq.

Liability of governmental entity or public officer for personal injury or damages arising out of vehicular accident due to negligent or defective design of highway. 45 ALR3d 875; 58 ALR4th 559.

Sec. 19.10.120. Research on highway development.

The department may gather, investigate, and compile information concerning the use, construction, and maintenance of highways, the practices and methods of efficient highway organization, financing, and other information, data and statistics of the state and the extent of the natural resources of road-building materials in the state. The department may enter into agreements with states, municipalities, or research organizations to carry on research and test projects involving highway development. The department may disseminate this information, together with recommendations it considers advisable.

History. (§ 4 art IV title II ch 152 SLA 1957)

Sec. 19.10.130. Inspection and testing of materials and equipment.

The department may inspect and test materials, supplies, equipment, and machinery used by it or by a contractor constructing or maintaining highways in the state, and develop methods and procedures for this inspection and testing.

History. (§ 6 art IV title II ch 152 SLA 1957)

Sec. 19.10.140. Long-range program for highway construction and maintenance. [Repealed, § 7 ch 39 SLA 2005.]

Sec. 19.10.150. Construction program.

Before February 2 of each year, the department shall prepare a statement showing what construction work has been requested and proposed and may be undertaken by the department. The statement must set forth a general itemization of the estimated cost for each project and the total estimates of all projects. The department shall adopt a construction program which must include the projects to be undertaken by it during the following construction season and must establish project priorities. The department may increase, decrease, amend, or revise the construction program from time to time as circumstances warrant.

History. (§ 3 art IV title II ch 152 SLA 1957)

Cross references. —

For responsibility of the Department of Transportation and Public Facilities for state transportation planning, see AS 44.42.050 .

Sec. 19.10.160. Standard plans and specifications; planning for future traffic.

1. The department shall prepare and adopt uniform standard plans and specifications for the establishment, construction, and maintenance of highways in the state.  The department may amend the plans and specifications as it considers advisable. The standards must conform as closely as practicable to those adopted by the American Association of State Highway and Transportation Officials.
2. Design for proposed major upgrade and new construction projects for highways in federally recognized metropolitan planning areas must be conducive to safety, durability, and economy of maintenance, and provide for capacity that will adequately serve planned future traffic as set out in this subsection. This subsection does not apply to designs for highway maintenance projects. Proposed major upgrade and new construction projects that are estimated to cost
   1. less than $5,000,000 must be designed to adequately serve planned future traffic for at least the next 10 years;
   2. $5,000,000 or more must be designed to adequately serve planned future traffic for at least the next 20 years.

History. (§ 1 art IV title II ch 152 SLA 1957; am § 12 ch 106 SLA 1986; am § 1 ch 67 SLA 2002; am § 1 ch 119 SLA 2004)

Cross references. —

For responsibility of the Department of Transportation and Public Facilities for state transportation planning, see AS 44.42.050 .

Sec. 19.10.170. Construction by department.

1. Except as provided in AS 44.33.300 , it is the general policy of the state to require the construction of all highways under bid contract in accordance with AS 36.30 (State Procurement Code). However, subject to the provisions of (b) of this section, when the estimated cost of a construction project is less than $100,000 or when it appears to be in the best interests of the state, the department may perform the work notwithstanding any other provisions of law.
2. Construction or professional services in connection with the construction of highways performed by the department under (a) of this section that have an estimated cost exceeding $5,000 may not be performed by the department unless the commissioner determines, in writing, that the cost to the state will be less than that incurred as a result of a formally advertised or negotiated contract.  The determination of the commissioner shall be supported by findings of fact which shall set out enough facts and circumstances to clearly justify the determination.  The determinations and findings shall be maintained as a permanent record of the department.
3. In this section, “professional services” means architectural, engineering, or land surveying services.

History. (§ 1 art III title IV ch 152 SLA 1957; am § 2 ch 277 SLA 1976; am §§ 1, 2 ch 104 SLA 1978; am § 1 ch 144 SLA 1982; am § 13 ch 106 SLA 1986)

Opinions of attorney general. —

Neither this section nor AS 35.15.010 is concerned with design services involving a highway or public work that is not in the actual stage of ongoing construction, and neither is applicable to projects that are let out for construction under the competitive bidding statutes. November 21, 1980 Op. Att’y Gen.

Collateral references. —

39 Am. Jur. 2d, Highways, Streets and Bridges, § 74 et seq.

40 C.J.S., Highways, § 175 et seq.

Existence of actionable defect in street or highway proper as question for court or for jury. 1 ALR3d 496.

Liability, in motor vehicle related cases, of governmental entity for injury or death resulting from defect or obstruction on roadside parkway or parking strip. 98 ALR3d 439.

Sec. 19.10.180. Request for public bids; contracts for materials and supplies.

Requests for public bids are governed by AS 36.30 (State Procurement Code). The request for public bids may require the contractor to furnish equipment, labor, materials, and supplies for the project, or it may state that the department will furnish the materials and supplies. If the department elects to provide materials and supplies for a project, it shall do so at the time it adopts the construction program. The department shall acquire these materials and supplies under AS 36.30 by requesting bids for them according to the class, type, and nature of the materials and supplies. The contract for materials and supplies may be awarded either upon the basis of delivery to the construction project directly or to a central storehouse or storehouses maintained by the department. Those materials and supplies so purchased by the department may be delivered to the project site without expense to the contractor, or it may sell them to the contractor at cost and make the materials and supplies a part of the construction cost.

History. (§ 3 art III title IV ch 152 SLA 1957; am § 14 ch 106 SLA 1986)

Collateral references. —

Right of bidder for state or municipal contract to rescind bid on ground that bid was based upon his own mistake or that of his employee. 2 A.L.R.4th 991.

Sec. 19.10.190. Advertisement, bids, contracts, and informal bids. [Repealed, § 67 ch 106 SLA 1986. For current law, see AS 36.30.]

Sec. 19.10.200. Procedures for the award of contracts.

The award of a contract for highway construction work is governed by AS 36.30 (State Procurement Code), AS 19.05 — AS 19.25, and regulations adopted under those laws.

History. (§ 5 art III title IV ch 152 SLA 1957; am § 15 ch 106 SLA 1986)

Opinions of attorney general. —

A policy of publishing regulations concerning bidding and letting of contracts in the Administrative Code is consistent with the Alaska Administrative Procedure Act (AS 44.62.010 — 44.62.950 ), since these regulations are regulations in which an important portion of the public has a vital interest and since they are of great use to the portion of the public interested in dealing and contracting with the state. 1959 Alas. Op. Att'y Gen. No. 27.

Collateral references. —

Waiver of competitive bidding requirements for state and local public building and construction contracts. 40 ALR4th 968.

Authority of state or its subdivision to reject all bids for public contract. 52 ALR4th 186.

Sec. 19.10.210. Award of contracts to lowest responsible bidder. [Repealed, § 67 ch 106 SLA 1986. For current law, see AS 36.30.]

Sec. 19.10.220. Prior contracts unaffected. [Repealed, § 43 ch 85 SLA 1988.] .

Sec. 19.10.230. Method of construction of highway ditches.

A highway constructed or reconstructed shall be designed to permit water to drain from it into ditches which shall drain into coulees, rivers, and lakes according to the surface and terrain where the highway is constructed in accordance with scientific highway construction and engineering in order to prevent the water from overflowing onto adjacent and adjoining land. The natural flow and drainage of surface water may not be obstructed, but it shall be permitted to follow the natural course according to the surface and terrain.

History. (§ 7 art IV title II ch 152 SLA 1957)

Sec. 19.10.240. Warning signs of road construction.

Whenever the department enters into a contract for the construction of a highway, it shall, as a condition of the contract, provide that the contractor shall place suitable warning signs that can be read from a distance of 100 feet in daytime, and that the contractor shall erect and place at night a red and white lantern or a torch or other effective device, of a type approved by the department, at both ends of the construction work, not less than 300 feet from it, warning the public that the road is under construction or improvement and is closed, impassable, or dangerous for travel. This section does not make the state liable for the failure of a contractor to erect warning signs.

History. (§ 9 art IV title II ch 152 SLA 1957)

Administrative Code. —

For utility permits, see 17 AAC 15, art. 1.

Sec. 19.10.250. Penalty for failure to erect warning signs.

A contractor, foreman, or person in charge of work or repairs on a highway who fails or neglects to erect and maintain suitable warning signs as provided in AS 19.10.240 is punishable by a fine of not less than $10 nor more than $50, or by imprisonment in jail for not more than 60 days, or by both.

History. (§ 10 art IV title II ch 152 SLA 1957)

Cross references. —

For another provision governing penalties applicable to this chapter, see AS 19.59.002 .

Sec. 19.10.260. Replacement of permanent markers and filing of right-of-way map after construction.

The department shall

1. replace all permanent markers on private or municipal property that were destroyed or lost during highway construction to permit persons to determine accurately new boundary lines resulting from the construction;
2. file and record in the local recording district, after completion of highway construction, an accurate right-of-way map that will contain sufficient engineering and survey information designating where the resulting boundary lines are located on private or municipal property along the highway.

History. (§ 1 ch 14 SLA 1967; am § 2 ch 161 SLA 1988)

Sec. 19.10.270. Highway construction near airports.

1. A person may not construct, reconstruct, relocate, or extend a federal-aid highway within two miles of an airport, airstrip, or private air facility without first obtaining the written approval of the commissioner, as provided by regulation.
2. The commissioner may not approve the construction, reconstruction, relocation, or extension of a highway under this section if the construction would constitute a hazard to the traveling public or if the construction would otherwise not be in the public interest.
3. The commissioner shall adopt regulations to implement the purpose of this section that are consistent with standards established by participating federal agencies.

History. (§ 2 ch 90 SLA 1966)

Revisor’s notes. —

Formerly AS 19.20.090 . Renumbered as AS 19.45.015 in 1981. Renumbered again in 1996.

Sec. 19.10.280. [Renumbered as AS 19.20.015.]

Sec. 19.10.300. Financial responsibility.

1. A person who carries passengers, freight for hire intrastate in a commercial motor vehicle, a person who carries freight in a motor vehicle for commercial purposes, or a person who rents or leases a motor vehicle for the use of another to carry freight shall procure and maintain security in the following minimum amounts:
   1. $200,000 for property damage in a single occurrence;
   2. $500,000 for bodily injury or death in a single occurrence.
2. Evidence of security required under (a) of this section shall be filed with the department and must be
   1. a policy or certificate of insurance issued by an insurer acceptable to the department;
   2. a bond of a surety company licensed to write surety bonds in the state;
   3. evidence accepted by the department, showing ability to self-insure; or
   4. other security approved by the department.
3. The department shall adopt regulations necessary to carry out the provisions of this section. The department may authorize department personnel to enforce this section and may adopt procedural regulations necessary to implement this section.
4. A policy of insurance, surety bond, or other form of security may not be canceled on less than 30 days’ written notice to the department. This requirement must be clearly stated in the policy or endorsement for an insurance policy submitted as proof of financial responsibility under (b)(1) of this section. The 30-day notice period is measured from the date on which the department receives notice.
5. When operating a commercial motor vehicle or motor vehicle for which security is required under (a) of this section, a person shall carry proof of insurance and, if involved in an accident with another person, shall display the proof of insurance to the other person. In this subsection, “proof of insurance” means a
   1. certificate of self-insurance acceptable to the department;
   2. card issued by an insurer described in (b)(1) of this section that indicates that insurance has been procured as required by this section, that contains a local or toll-free telephone number for filing or receiving claim information, and that indicates the name and address of the insurer; or
   3. copy of the surety bond described in (b)(2) of this section.
6. Notwithstanding AS 19.10.399 , in this section
   1. “commercial motor vehicle” means a motor vehicle or a combination of a motor vehicle and one or more other vehicles
      1. used to transport passengers or property for commercial purposes;
      2. used on a land highway or vehicular way or area;
      3. that
         1. has a gross vehicle weight rating or gross combination weight rating greater than 26,000 pounds; or
         2. is designed to transport more than 15 passengers, including the driver; and
      4. except that the following vehicles meeting the criteria in (A) — (C) of this paragraph are not commercial motor vehicles:
         1. emergency or fire equipment that is necessary to the preservation of life or property;
         2. covered farm vehicles operating anywhere in the state; and
         3. vehicles used exclusively for purposes other than commercial purposes;
   2. “freight” means commodities, articles, and cargo, of whatever nature or value.
7. A person who violates (a) of this section is guilty of a class B misdemeanor and is punishable by a fine of not less than $500 or more than $1,000.

History. (E.O. No. 98 § 4 (1997); am § 1 ch 48 SLA 1998; am § 12 ch 33 SLA 1999; am § 2 ch 4 SLA 2013; am § 1 ch 76 SLA 2018)

Revisor's notes. —

Subsection (e) was enacted as (g). Relettered in 1998, at which time former subsection (e) was relettered as (g). In 2008, in (f)(1)(C), “49 U.S.C. 5101 — 5128” was substituted for “49 U.S.C. 5101 — 5127” to reflect the renumbering of 49 U.S.C. 5127.

Effect of amendments. —

The 2013 amendment, effective July 8, 2013, in (f)(a)(1), added “for commercial purposes” at the end of (A), deleted (C)(iii), and made stylistic changes.

The 2018 amendment, effective November 4, 2018, in (f)(1)(B), added “or area” at the end, rewrote (f)(1)(D)(ii), which read, “farm vehicles that are controlled and operated by a farmer; used to transport agricultural products, farm machinery, or farm supplies to or from that farmer’s farm; not used in the operations of a common or contract motor carrier; and used within 150 miles of the farmer’s farm”, and made related changes.

Legislative history reports. —

For governor's transmittal letter for ch. 76, SLA 2018 (SB 163), see 2018 Senate Journal 1833 — 1834.

Opinions of attorney general. —

The reference to “intrastate” in subsection (a) limits the applicability of the insurance requirements, excluding “interstate” commercial vehicles which are operating in Alaska. February 19, 1986 Op. Att’y Gen. (issued under former AS 28.33.010 ).

Insurance must be maintained at all times on a tractor truck. If the truck owner works out an arrangement with his lessee in which the lessee will purchase insurance in the requisite amounts, this would be satisfactory under the statute, since the intent is to require all trucks to be insured. However, if the lessee fails to procure or maintain insurance, the statute will place the responsibility for this failure on the owner. February 19, 1986 Op. Att’y Gen. (issued under former AS 28.33.010 ).

Collateral references. —

Combining or stacking uninsured motorist coverages provided in fleet policy. 25 ALR4th 896.

Sec. 19.10.310. Commercial motor vehicle safety inspections.

A commercial motor vehicle may not be operated without a certificate of inspection. An owner or operator of a commercial motor vehicle shall renew a certificate of inspection at least annually. An owner or operator of a commercial motor vehicle shall provide proof of annual inspection upon demand of a peace officer or employee of the department authorized by the commissioner to enforce this section.

History. (E.O. No. 98 § 4 (1997); am § 2 ch 48 SLA 1998)

Administrative Code. —

For commercial motor vehicles: safety and hazardous materials, see 17 AAC 25, art. 2.

Secs. 19.10.320, 19.10.330. Commercial motor vehicle inspection station permits; certification of commercial motor vehicle inspectors. [Repealed, § 21 ch 48 SLA 1998.]

Sec. 19.10.340. Issuance of certificate of inspection.

A person conducting annual commercial motor vehicle inspections shall issue a certificate of inspection to the owner or operator after determining that the motor vehicle is in a safe and mechanically sound condition as required by law. The owner or operator of a commercial motor vehicle shall keep a record of the annual inspection of the vehicle.

History. (E.O. No. 98 § 4 (1997); am § 3 ch 48 SLA 1998)

Administrative Code. —

For commercial motor vehicles: safety and hazardous materials, see 17 AAC 25, art. 2.

Secs. 19.10.350, 19.10.360. Falsely representing to be an official station; counterfeit certificates of inspection. [Repealed, § 21 ch 48 SLA 1998.]

Sec. 19.10.370. Regulations.

The commissioner shall adopt regulations to implement AS 19.10.310 — 19.10.399 .

History. (E.O. No. 98 § 4 (1997); am § 4 ch 48 SLA 1998)

Administrative Code. —

For commercial motor vehicles: safety and hazardous materials, see 17 AAC 25, art. 2.

Sec. 19.10.375. Impoundment.

1. If a peace officer or an employee of the department authorized by the commissioner to issue citations finds a commercial motor vehicle in operation without a current and valid certificate of inspection under this chapter, the commercial motor vehicle may be impounded. The commercial motor vehicle may not be released from impoundment until
   1. a current and valid certificate of inspection under this chapter has been provided for the commercial motor vehicle; and
   2. any impoundment fees or charges have been paid.
2. The department may adopt regulations to charge fees to recover costs of implementation of this section, including costs of impoundment.

History. (§ 5 ch 48 SLA 1998)

Sec. 19.10.380. Criminal penalty.

A person who violates a provision of AS 19.10.310 — 19.10.399 is guilty of a class B misdemeanor.

History. (E.O. No. 98 § 4 (1997))

Cross references. —

For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Sec. 19.10.399. Definitions.

In AS 19.10.300 — 19.10.399 ,

1. “commercial motor vehicle” means a self-propelled or towed motor vehicle
   1. used to transport passengers or property for commercial purposes;
   2. used on a highway or vehicular way or area;
   3. that
      1. has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 10,001 pounds or more for vehicles used in interstate commerce and 14,000 pounds or more for vehicles used in intrastate commerce;
      2. is designed to transport more than 15 passengers, including the driver; or
      3. is used to transport material found by the United States Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and is transported in any quantity requiring placarding; and
   4. for the purposes of intrastate commerce; the following vehicles meeting the criteria in (A) and (B) and either (C)(i) or (ii) of this paragraph are not commercial motor vehicles:
      1. emergency or fire equipment that is necessary to the preservation of life or property;
      2. covered farm vehicles operating anywhere in the state;
      3. school buses used for school bus operations;
      4. vehicles owned and operated by the federal government unless the vehicle is used to transport property of the general public for compensation in competition with other persons who own or operate a commercial motor vehicle subject to AS 19.10.310 — 19.10.399 , and except to the extent that regulation of vehicles operated by the federal government is permitted by federal law; and
      5. vehicles used exclusively for purposes other than commercial purposes;
2. “commercial purposes” means activities for which a person receives direct monetary compensation or activities for which a person receives no direct monetary compensation but that are incidental to and done in furtherance of the person’s business;
3. “commissioner” means the commissioner of transportation and public facilities;
4. “covered farm vehicle” means a straight or articulated vehicle
   1. registered in the state with a license plate or other designation issued by the state that allows law enforcement officials to identify it as a farm vehicle;
   2. operated by the owner or operator of a farm or ranch, or an employee or family member of an owner or operator of a farm or ranch;
   3. used to transport agricultural commodities, livestock, machinery, or supplies to or from a farm or ranch; and
   4. not used in for-hire motor carrier operations;
5. “department” means the Department of Transportation and Public Facilities;
6. “gross combination weight rating” means the value specified by the manufacturer as the loaded weight of a combination vehicle, except that if a value has not been specified by the manufacturer, the gross combination weight rating is determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit and the load on the towed unit;
7. “gross vehicle weight rating” means the value specified by the manufacturer as the loaded weight of a single vehicle;
8. “highway” means the entire width between the boundary lines of every way that is publicly maintained when a part of it is open to the public for purposes of vehicular travel, including but not limited to every street and the Alaska state marine highway system but not vehicular ways or areas;
9. “motor vehicle” means a vehicle that is self-propelled except a vehicle moved by human or animal power;
10. “official traffic-control device” means a sign, signal, marking, or other device not inconsistent with AS 28, placed or erected by authority of a state or municipal agency or official having jurisdiction, for the purpose of traffic regulating, warning, and guiding;
11. “owner” means a person, other than a lienholder, having the property in or title to a vehicle, including but not limited to a person entitled to the use and possession of a vehicle subject to a security interest in another person, but exclusive of a lessee under a lease not intended as security;
12. “school bus” means a passenger motor vehicle that is designed or used to carry more than 10 passengers in addition to the driver and that is likely to be used to transport pre-elementary, elementary, or secondary school students to and from school;
13. “school bus operations” means the use of a school bus to transport students and school personnel to and from school;
14. “traffic” means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using a highway or vehicular way or area that is open to public use for purposes of travel;
15. “vehicle” means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area; “vehicle” does not include
    1. devices used exclusively upon stationary rails or tracks;
    2. mobile homes;
16. “vehicular way or area” means a way, path, or area, other than a highway or private property, that is designated by official traffic control devices or customary usage and that is open to the public for purposes of pedestrian or vehicular travel, and which way or area may be restricted in use to pedestrians, bicycles, or other specific types of vehicles as determined by the Department of Public Safety or other agency having jurisdiction over the way, path, or area.

History. (E.O. No. 98 § 4 (1997); am § 6 ch 48 SLA 1998; am § 13 ch 33 SLA 1999; am § 3 ch 4 SLA 2013; am §§ 2, 3 ch 76 SLA 2018)

Revisor's notes. —

In 2008, in (1)(C), “49 U.S.C. 5101 — 5128” was substituted for “49 U.S.C. 5101 — 5127” to reflect the renumbering of 49 U.S.C. 5127.

In 2018, this section was reorganized to maintain alphabetical order.

Administrative Code. —

For commercial motor vehicles: safety and hazardous materials, see 17 AAC 25, art. 2.

Effect of amendments. —

The 2013 amendment, effective July 8, 2013, in (1)(C)(i), added “for vehicles used in interstate commerce and 14,000 pounds for vehicles used in intrastate commerce”, deleted (1)(C)(iii), and made stylistic changes.

The 2018 amendment, effective November 4, 2018, in (1), substituted “towed motor vehicle” for “towed vehicle” in the introductory language, in (1)(B) added “or area” at the end, in (1)(C)(i), substituted “, or gross vehicle weight or gross combination weight, of 10,001 pounds or more” for “greater than 10,000 pounds” following “gross combination weight rating”, and inserted “or more” following “14,000 pounds”, added (1)(C)(iii), in the introductory language in (1)(D), substituted “for the purposes of intrastate commerce the following vehicles meeting the criteria in (A) and (B) and either (C)(i) or (ii) of this paragraph are not commercial motor vehicles” for “except that the following vehicles meeting the criteria in (A) – (C) of this paragraph are not commercial motor vehicles”, rewrote (1)(D)(ii), which read, “farm vehicles that are controlled and operated by a farmer; used to transport agricultural products, farm machinery, or farm supplies to or from that farmer’s farm; not used in the operations of a common or contract motor carrier; and used within 150 miles of the farmer’s farm”, in (1)(D)(iii), added “used for school bus operations” at the end; added (14) [now (4)], (15) [now (12)], and (16) [now (13)].

Legislative history reports. —

For governor's transmittal letter for ch. 76, SLA 2018 (SB 163), see 2018 Senate Journal 1833 — 1834.

Sec. 19.15.010. Loans to department.

For the purpose of participating in a federal grant-in-aid program, the department may apply to the Department of Administration for short-term loans from the general fund for periods not to exceed nine months and for amounts estimated not to exceed anticipated revenue for the term of the loan. The Department of Administration may approve the loan if it determines that the loan would not adversely curtail other expenditures from the general fund.

History. (§ 2 art VI title II ch 152 SLA 1957)

Collateral references. —

39 Am. Jur. 2d, Highways, Streets and Bridges, §§ 130 — 139.

40 C.J.S., Highways, § 155 et seq.

Sec. 19.15.020. Assent to federal aid; line of credit.

1. The legislature assents to the Act of Congress approved July 11, 1916 (39 Stat. 355) entitled, “An Act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes.”  The department may make all contracts and do all things necessary to cooperate with the federal government in the construction of highways under the provisions of that Act, and all Acts amending or supplementing it, and any other Act of Congress that may be enacted, including the Federal-Aid Highway Act of 1956 (Public Law 627, 85th Congress, 2nd Session).
2. The department may incur a line of credit or indebtedness to the Federal Highway Administration, United States Department of Transportation, under 23 U.S.C. 601 — 609 (Transportation Infrastructure Finance and Innovation Act of 1998), as amended, and may enter into a contract or agreement with any public or private person, governmental unit or agency, corporation, or other business entity to secure the indebtedness.

History. (§ 1 art II title II ch 152 SLA 1957; am § 1 ch 51 SLA 2014)

Effect of amendments. —

The 2014 amendment, effective July 1, 2014, added (b).

Sec. 19.15.025. Federal-aid highway projects.

1. The department may allocate up to two percent of nonrestricted federal-aid highway apportionments to projects classified under the trails and recreational access for Alaska program under a statewide transportation improvement program.
2. The department shall annually allocate at least 39 percent of nonrestricted federal-aid highway apportionments to projects classified under the community transportation program under a statewide transportation improvement program.
3. Not more than 10 percent of the funds provided to a municipality for participation in federal-aid highway or other eligible projects may be expended from the transportation enhancement apportionment over the life of a transportation improvement program.

History. (§ 1 ch 135 SLA 2003; am §§ 25, 26 ch 41 SLA 2009)

Administrative Code. —

For administration, see 17 AAC 5.

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, in (a), substituted “The” for “Before October 1, 2006, the department may annually allocate up to four percent of nonrestricted federal-aid highway apportionments to projects classified under the trails and recreational access for Alaska program under a statewide transportation improvement program. On or after October 1, 2006, the”; in (b), substituted “The” for “Before October 1, 2006, the department shall annually allocate at least 37 percent of nonrestricted federal-aid highway apportionments to projects classified under the community transportation program under a statewide transportation improvement program. On or after October 1, 2006, the”.

Sec. 19.15.030. Participation by municipality in federal highway construction.

When a federal-aid highway is routed through a municipality, it may participate in the financing, planning, construction, acquisition of right-of-way, and maintenance of the highway in the manner and proportion the department determines is reasonable and proper.

History. (§ 2 art II title II ch 152 SLA 1957)

Cross references. —

For provisions allowing for local control of state transportation corridors, see AS 19.20.015 .

Sec. 19.15.040. General laws governing assessments by municipalities to pay highway costs.

The provisions of law relating to the levying of assessments for highway financing, planning, construction, acquisition of right-of-way, and maintenance, referred to in AS 19.15.030 apply to the extent that they are not inconsistent with the general purpose of AS 19.05 — AS 19.25.

History. (§ 3 art II title II ch 152 SLA 1957)

Sec. 19.20.010. Connecting highways.

1. The department may enter into cooperative agreements with a municipality for the construction or maintenance of a connecting highway that is part of the state highway system and located within the municipality.
2. The jurisdiction, control, and duty of the department and municipality with respect to connecting highways is as follows:
   1. The department has no authority to change or establish a grade of a connecting highway without approval of the governing body of the municipality.
   2. The municipality shall at its own expense maintain all underground facilities in a connecting highway and has the right to construct necessary additional underground facilities.
   3. The municipality may grant the privilege to open the surface of a connecting highway, but the municipality shall promptly repair all damage occasioned by the opening of the surface.
   4. Subject to law the municipality has the exclusive right to grant franchises over, beneath, and upon a connecting highway.  However, it may not grant a franchise for transportation of passengers in motor vehicles on a connecting highway without the approval of the department.

History. (§ 2 art III title II ch 152 SLA 1957)

Administrative Code. —

For utility standards and requirements, see 17 AAC 15, art. 2.

Collateral references. —

39 Am. Jur. 2d, Highways, Streets and Bridges, § 235 et seq.

39A C.J.S., Highways, § 135 et seq.

Sec. 19.20.015. Local control of state transportation corridors.

1. A municipality, by resolution of its governing body, may request of the department the assumption of the department’s responsibilities relating to planning of transportation corridors that are to be located within the boundaries or operating area of the municipality.  After receipt of the request, the department shall provide by agreement for assumption by the municipality of the department’s responsibilities relating to planning of transportation corridors, unless the commissioner determines that assumption of responsibilities by the municipality is not practicable or not in the best interests of the state.  The parties may by mutual agreement provide for joint or cooperative assumption of responsibilities by the department and the municipality.
2. If the commissioner determines that assumption of responsibilities by a municipality under this section is not practicable or not in the best interests of the state, the commissioner shall notify the municipality of that finding and specify reasons for it.  If the municipality requests reconsideration of the decision, the commissioner shall hold a hearing in the municipality within 30 days following mailing of the request.  Following the hearing the commissioner may affirm, modify, or reverse the initial decision and shall specify in writing the reasons.
3. Provisions of this title governing planning of transportation corridors by the department, and regulations adopted under the provisions, govern the administration of projects assumed by a municipality under this section, and for that purpose supersede any conflicting provisions of ordinance or charter.
4. The commissioner may require terms or conditions in an agreement under this section necessary to ensure compliance with the requirements of this section and otherwise considered to be in the public interest.  If necessary, the commissioner may require as a condition of an agreement under this section approval of the agreement by the federal government.
5. The provisions of this section apply only to the extent permitted by federal laws and regulations.
6. [Repealed, § 88 ch 74 SLA 1985.]

History. (§ 4 ch 57 SLA 1976; am § 88 ch 74 SLA 1985)

Revisor’s notes. —

Formerly AS 19.10.280 . Renumbered in 1981.

Pursuant to AS 01.05.031 , the revisor has deleted the words “of transportation and public facilities” following “commissioner” in subsections (a), (b), and (d).

Sec. 19.20.017. Local control of traffic control systems.

1. A municipality, by resolution of its governing body, may request the transfer to it of the responsibility of the department for the operation and maintenance of a traffic control system that regulates the flow of traffic at intersections of highways and roads maintained by the state and the municipality.
2. After receipt of a resolution requesting a transfer to a municipality of the responsibility for operation and maintenance of a traffic control system under (a) of this section, the commissioner shall promptly negotiate and enter into an agreement with municipal officials transferring the operation and maintenance of a traffic control system to the municipality. The agreement shall contain the terms and conditions that ensure compliance with the requirements of this title, and may include other terms and conditions that relate to traffic control and that are considered by the commissioner to be in the public interest.
3. If the commissioner and a municipality enter into an agreement under (b) of this section, the commissioner shall annually pay to the municipality, for the period beginning with the effective date of transfer of responsibility, the cost to the state of operating the traffic control system during the fiscal year preceding the effective date of the transfer, adjusted annually for inflation.
4. The provisions of this section apply only to the extent permitted by federal law and regulation.
5. In this section, “traffic control system” means a series of traffic control signals that regulate, electronically or by computer, and coordinate the flow of vehicle traffic.

History. (§ 1 ch 52 SLA 1980)

Revisor’s notes. —

Formerly AS 19.10.052 . Renumbered in 1981.

Sec. 19.20.020. Authority to establish controlled-access facilities.

The department and a municipality, acting alone or in cooperation with each other or with a federal agency participating in the construction and maintenance of highways, may plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide controlled-access facilities for public use when it finds that present or future traffic conditions justify special facilities. The department or a municipality may exercise the same authority with respect to controlled-access facilities that each has with respect to highways within its jurisdiction. The department or the municipality may regulate, restrict, or prohibit the use of the controlled-access facilities by the various classes of vehicles or traffic in a manner consistent with the definition of a controlled-access facility.

History. (§ 1 art V title II ch 152 SLA 1957)

Sec. 19.20.030. Design of controlled-access facility.

The department and a municipality may design a controlled-access facility and may regulate, restrict, or prohibit access to best serve the traffic for which the facility is intended. The department and the municipality may divide and separate a controlled-access facility into separate highways by the construction of raised curbings, central dividing sections, or other physical separations, or by designating the separate highways by signs, markers, stripes, and the proper lane for traffic by appropriate signs, markers, stripes, and other devices. No person has the right of ingress or egress to, from, or across controlled-access facilities to or from abutting land, except at designated points at which access is permitted, upon the terms and conditions specified from time to time.

History. (§ 22 art V title II ch 152 SLA 1957)

Administrative Code. —

For utility standards and requirements, see 17 AAC 15, art. 2.

For railroads, see 17 AAC 15, art. 4.

Sec. 19.20.040. Acquisition of property and property rights.

For the purposes of AS 19.05 — AS 19.25 the department and a municipality may acquire private or public property and property rights, including rights of access, air, view, and light for controlled-access facilities and service roads by gift, devise, purchase, or condemnation in the same manner as they may now or hereafter be authorized by law to acquire property or property rights in connection with highways in their respective jurisdictions. Property rights acquired under AS 19.05 — AS 19.25 shall be in fee simple. In acquiring property or property rights for a controlled-access facility or service highway in connection therewith, the municipality may acquire an entire lot, block, or tract of land if, by so doing, the interests of the public will be best served, even though the entire lot, block, or tract is not immediately needed for the right-of-way.

History. (§ 3 art V title II ch 152 SLA 1957)

Sec. 19.20.050. Grade-crossing eliminations.

The department and a municipality may designate and establish controlled-access highways as new and additional facilities, or may designate and establish an existing highway as included within a controlled-access facility. The department and the municipality may provide for the elimination of an intersection at grade of a controlled-access facility with an existing highway by grade separation or service highway, or by closing off the highway at the right-of-way boundary line of the controlled-access facility. After the establishment of a controlled-access facility, a highway not part of the facility may not intersect it at grade. A municipal or state highway, or other public way, may not be opened into or connected with a controlled-access facility without the consent and prior approval of the department or the municipality having jurisdiction over the controlled-access facility. The department shall give its consent and approval only if the public interest is served.

History. (§ 4 art V title II ch 152 SLA 1957)

Administrative Code. —

For railroads, see 17 AAC 15, art. 4.

Sec. 19.20.060. Participation in financing, planning, and regulation.

The department and a municipality may enter into an agreement with each other or with the federal government for the financing, planning, establishment, improvement, maintenance, use regulation, or vacation of controlled-access facilities or other public ways in their respective jurisdictions.

History. (§ 5 art V title II ch 152 SLA 1957)

Cross references. —

For provisions allowing for local control of state transportation corridors, see AS 19.20.015 .

Administrative Code. —

For maintenance, see 17 AAC 20.

Sec. 19.20.070. Local service highways.

In the development of a controlled-access facility, the department and the municipality may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service highways and exercise jurisdiction over them in the same manner authorized for the exercise of jurisdiction over controlled-access facilities if, in their opinion, local service highways are necessary or desirable. Local service highways shall be of appropriate design and shall be separated from the controlled-access facility by the devices designated as necessary or desirable by the proper authority.

History. (§ 6 art V title II ch 152 SLA 1957)

Administrative Code. —

For utility standards and requirements, see 17 AAC 15, art. 2.

Collateral references. —

Accidents arising from merger of traffic on limited-access highway with that from service road or ramp. 40 ALR3d 1429.

Sec. 19.20.080. Municipal master highway plan.

A municipality of over 5,000 population, according to the latest available census, together with the department, shall develop and adopt a master highway plan, which shall insure the proper location and integration of the Alaska highway connections in the municipality. In selecting and designating the master highway plan, they shall take into account the important principal streets that connect residential areas with business areas and the streets that carry important rural traffic into and across the municipality, in order to ensure a system of highways upon which traffic can be controlled and protected in a manner to provide safe and efficient movement of traffic in the municipality.

History. (§ 2 art IV title II ch 152 SLA 1957)

Sec. 19.20.090. [Renumbered as AS 19.10.270.]

Renumbered as AS 19.10.270 .

Renumbered as AS 19.10.270 .

Sec. 19.20.200. Establishment of metropolitan planning organizations.

In order to coordinate transportation planning in urbanized areas and achieve the transportation planning goals of 23 U.S.C. 134 and 49 U.S.C. 5303 — 5306, a metropolitan planning organization shall be established for each metropolitan area of the state when required for participation in a federal transportation program. A metropolitan area is an urbanized area with a population of more than 50,000 persons.

History. (§ 2 ch 119 SLA 2004)

Sec. 19.20.210. Membership of the policy boards of metropolitan planning organizations.

1. The policy board of a metropolitan planning organization established under AS 19.20.200 for a metropolitan area with a population greater than 200,000 persons shall consist of at least seven voting members. A quorum of the policy board is a majority of the voting members of the board. Four voting members of the board shall be designated by the municipalities that are located partially or wholly within the metropolitan area. Three voting members shall be appointed by the governor. At least one member designated by the municipalities and at least one member appointed by the governor shall be public members who reside within the metropolitan area and who are not elected public officials. The public members shall serve for three-year terms.
2. Two nonvoting members of the policy board of a metropolitan planning organization that is subject to (a) of this section shall be designated as follows:
   1. one member of the senate who is elected from a district, of which more than 50 percent is located within the metropolitan area, and who is designated by the president of the senate; a person who is designated to serve as a member of the policy board of a metropolitan planning organization under this paragraph may not receive compensation for service on the metropolitan planning organization; and
   2. one member of the house of representatives who is elected from a district, of which more than 50 percent is located within the metropolitan area, and who is designated by the speaker of the house of representatives; a person who is designated to serve as a member of the policy board of a metropolitan planning organization under this paragraph may not receive compensation for service on the metropolitan planning organization.
3. The governor may appoint an additional voting member to the policy board of a metropolitan planning organization that is subject to (a) of this section to represent a private entity that administers or operates a major mode of transportation within the metropolitan area.
4. The governor may appoint additional nonvoting members to the policy board of a metropolitan planning organization that is subject to (a) of this section if the additional nonvoting members are authorized in the agreement between the governor and the participating local governments that designates the metropolitan planning organization.

History. (§ 2 ch 119 SLA 2004)

Cross references. —

For provision applying this section to the policy board of the metropolitan planning organization for the Anchorage metropolitan area, see § 3, ch. 119, SLA 2004, in the 2004 Temporary and Special Acts.

Sec. 19.20.220. Approval of local transportation improvement plan.

The governor may approve a transportation improvement plan or an amendment to a transportation improvement plan prepared by a metropolitan planning organization if the plan is consistent with applicable federal law and regulation and the policy board of the metropolitan planning organization is organized in accordance with applicable provisions of AS 19.20.210 .

History. (§ 2 ch 119 SLA 2004)

Sec. 19.22.010. Purpose.

The purpose of this chapter is to promote the safety, convenience, and enjoyment of travel on and protection of the public investment in highways of the state, and to authorize the restoration, preservation, and enhancement of scenic beauty within and adjacent to highways of the state.

History. (§ 1 ch 233 SLA 1968)

Sec. 19.22.020. Authorization to acquire and improve.

1. The department is authorized to acquire by purchase, exchange, gift, or condemnation land or any interest in land necessary for the restoration, preservation, and enhancement of scenic beauty, within or adjacent to the rights-of-way of highways on the state highway system.
2. The department may acquire and develop publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the highway right-of-way reasonably necessary to accommodate the traveling public.
3. The department may make improvements necessary to implement the purposes of AS 19.22.010 .
4. The condemnation authority granted by this chapter may not be exercised beyond 660 feet from the right-of-way of the highway.

History. (§ 1 ch 233 SLA 1968)

Sec. 19.22.030. Definitions.

In this chapter, “state highway system” means all highways located in this state which are or hereafter may be officially designated as state highways under the provisions of AS 19.10.020 .

History. (§ 1 ch 233 SLA 1968; am § 53 ch 30 SLA 1996)

Sec. 19.25.010. Use of rights-of-way for utilities.

A utility facility may be constructed, placed, or maintained across, along, over, under, or within a state right-of-way only in accordance with regulations adopted by the department and if authorized by a written permit issued by the department. The department may charge a fee for a permit issued under this section.

History. (§ 8 art VII title II ch 152 SLA 1957; am § 3 ch 106 SLA 1977; am § 36 ch 36 SLA 1990)

Administrative Code. —

For utility permits, see 17 AAC 15, art. 1.

For utility standards and requirements, see 17 AAC 15, art. 2.

For utility relocation and installation, see 17 AAC 15, art. 3.

For railroads, see 17 AAC 15, art. 4.

Sec. 19.25.020. Relocation of utilities incident to highway projects.

1. If, incident to the construction of a highway project, the department determines and orders that a utility facility located across, along, over, under, or within a state right-of-way must be changed, relocated, or removed, the utility owning or maintaining the facility shall change, relocate, or remove it in accordance with the order.  The order must provide a reasonable time period for compliance.
2. If the utility facility is not changed, relocated, or removed in accordance with the order, the facility becomes an unauthorized encroachment and may be disposed of in accordance with AS 19.25.240 — 19.25.250 .  In addition, the owner of the facility shall indemnify the state for any amount for which the state may be liable to a contractor by reason of the encroachment.
3. The cost of change, relocation, or removal necessitated by highway construction is a cost of highway construction to be paid in accordance with AS 19.59.001 (4) as follows:
   1. by the department as a cost of highway construction, if the utility facility is installed or authorized under a utility permit or a regulation after June 11, 1986, and is installed in the location specified in the permit;
   2. by the department as a cost of highway construction, if the facility was installed before June 11, 1986, under a utility permit issued on or after July 1, 1960, and is in the location specified in the permit;
   3. by the department as a cost of highway construction, if the utility facility was installed before July 1, 1960, or before the road became part of the state highway system;
   4. by the department as a cost of highway construction, if the utility permit that requires the utility to pay the relocation cost was issued more than five years before the contract for the highway construction project was first advertised;
   5. by the utility in all other cases, unless the commissioner finds it is in the public interest for the cost to be paid by the department.
4. If requested by a municipality, the department shall implement this chapter by requiring to the maximum extent possible location underground of electric power transmission lines within the municipality.

History. (§§ 2, 3 ch 57 SLA 1961; am § 4 ch 106 SLA 1977; am § 3 ch 142 SLA 1986)

Revisor’s notes. —

In 2008, in subsection (c), “AS 19.59.001 (4)” was substituted for “AS 19.45.001 (4)” to reflect the 2008 renumbering of AS 19.45.001 .

Administrative Code. —

For utility relocation and installation, see 17 AAC 15, art. 3.

For railroads, see 17 AAC 15, art. 4.

Opinions of attorney general. —

This section is constitutional. 1961 Alas. Op. Att'y Gen. No. 12.

Secs. 19.25.030 — 19.25.040. Damages and obstructions. [Repealed, § 5 ch 52 SLA 1988.]

Sec. 19.25.075. Findings and intent of the people of the State of Alaska.

1. The people of the State of Alaska find that the presence of billboards visible from Alaska’s highways endanger Alaska’s uniqueness and its scenic beauty.
2. It is the intent of the people of the State of Alaska that Alaska shall forever remain free of billboards.

History. (§ 1 1998 Ballot Measure No. 5)

Revisor’s notes. —

In codifying this section, the revisor deleted “; and” at the end of subsection (a) and inserted a period.

Sec. 19.25.080. Purpose.

The purposes of AS 19.25.080 — 19.25.180 are

1. to protect the public safety and the welfare of persons using the highways of the state by having outdoor advertising signs, displays, and devices along the highways controlled;
2. to prevent unreasonable distraction of operators of motor vehicles; to prevent confusion with regard to traffic lights, signs, or signals, or other interference with the effectiveness of traffic regulations, and to promote the safety, convenience, and enjoyment of travel on, and protection of the public investment in, highways in this state; to preserve and enhance the natural scenic beauty or aesthetic features of the highways and adjacent areas; and to attract tourists;
3. to regulate outdoor advertising signs, displays, and devices in areas adjacent to the rights-of-way of the interstate, primary, and secondary systems within this state in accordance with this chapter and the regulations adopted under this chapter;
4. to provide that outdoor advertising signs, displays, and devices that are not in conformity with the requirements of this chapter are a public nuisance;
5. to provide a statutory basis for regulation of outdoor advertising signs, displays, and devices consistent with the public policy declared by the Congress relating to areas within and adjacent to the right-of-way of a highway of the interstate, primary, or secondary systems.

History. (§ 1 ch 59 SLA 1949; am § 1 ch 86 SLA 1953; am § 2 ch 233 SLA 1968; am § 1 ch 155 SLA 1970; am § 1 ch 158 SLA 1988)

Legislative history reports. —

For report on ch. 233, SLA 1968 (HCSCSSB 144 am FCC), see 1968 House Journal, p. 815.

Collateral references. —

40 C.J.S., Highways, § 273 et seq.

Billboards and other outdoor advertising signs as civil nuisance. 38 ALR3d 647.

Validity and construction of provision prohibiting or regulating advertising sign overhanging street or sidewalk. 80 ALR3d 687.

Validity and construction of state or local regulation prohibiting off-premises advertising structures. 81 ALR3d 486.

Governmental liability for compensation or damages to advertiser arising from obstruction of public view of sign or billboard on account of growth of vegetation in public way. 21 ALR4th 1309.

Sec. 19.25.090. Outdoor advertising prohibited.

Except as provided in AS 19.25.105 , all outdoor advertising is prohibited.

History. (§ 3 ch 59 SLA 1949; am § 1 ch 86 SLA 1953; am § 2 ch 155 SLA 1970)

Sec. 19.25.100. Rural signs. [Repealed, § 14 ch 155 SLA 1970.]

Sec. 19.25.105. Limitations of outdoor advertising signs, displays, and devices.

1. Outdoor advertising may not be erected or maintained within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate, primary, or secondary highways in this state except the following:
   1. directional and other official signs and notices which include, but are not limited to, signs and notices pertaining to natural wonders, scenic and historic attractions, which are required or authorized by law, and which shall conform to federal standards for interstate and primary systems;
   2. signs, displays, and devices advertising the sale or lease of property upon which they are located or advertising activities conducted on the property;
   3. signs determined by the state, subject to concurrence of the United States Department of Transportation, to be landmark signs, including signs on farm structures or natural surfaces of historic or artistic significance, the preservation of which would be consistent with the provisions of this chapter;
   4. directional signs and notices pertaining to schools;
   5. advertising on bus benches or bus shelters, and adjacent trash receptacles, if the state determines that the advertising conforms to local, state, and federal standards for interstate and primary highways.
2. [Repealed, § 21 ch 94 SLA 1980.]
3. Outdoor advertising may not be erected or maintained beyond 660 feet of the nearest edge of the right-of-way of the main traveled way of the interstate, primary, or secondary highways in this state with the purpose of their message being read from that travel way except those outdoor advertising signs, displays, or devices allowed under (a) of this section.
4. Outdoor advertising may not be erected or maintained within the right-of-way of an interstate, primary, or secondary highway except that outdoor advertising
   1. on bus benches and bus shelters, and adjacent trash receptacles, located within the right-of-way under the authority of a permit issued under AS 19.25.200 is allowed if the bus benches or bus shelters are located within a borough or unified municipality and the buses that stop at that location operate during the entire year; or
   2. present in the right-of-way on January 1, 2005, may remain, subject only to removals required by federal highway funding requirements imposed on the state by federal law, until or unless an encroachment permit for the outdoor advertising is denied under AS 19.25.200 (c).
5. [Repealed, § 4 1998 Ballot Measure No. 5.]

History. (§ 3 ch 155 SLA 1970; am §§ 1, 2 ch 195 SLA 1975; am § 1 ch 30 SLA 1980; am § 21 ch 94 SLA 1980; am § 1 ch 6 SLA 1987; am § 2 ch 158 SLA 1988; am §§ 1, 2 ch 84 SLA 1995; am §§ 2 — 4 ch 10 SLA 1997; am § 4 1998 Ballot Measure No. 5; am § 1 ch 61 SLA 2005)

Administrative Code. —

For maintenance, see 17 AAC 20.

For tourist-oriented directional signs, see 17 AAC 60, art. 1.

For logo signs, see 17 AAC 60, art. 2.

For recreational and cultural interest area signs, see 17 AAC 60, art. 3.

For tourist information kiosks, see 17 AAC 60, art. 5.

Collateral references. —

Classification and maintenance of advertising structure as nonconforming use. 80 ALR3d 630.

Validity and construction of state or local regulation prohibiting the erection or maintenance of advertising structures within a specified distance of street or highway. 81 ALR3d 564.

Secs. 19.25.110 — 19.25.120. Removal of nonconforming advertising; neglect or refusal to obey removal order. [Repealed, § 43 ch 85 SLA 1988.]

Sec. 19.25.123. [Renumbered as AS 19.05.123.]

Sec. 19.25.130. Penalty for violation.

A person who violates AS 19.25.080 — 19.25.180 , or a regulation adopted under AS 19.25.080 — 19.25.180 , is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $50 nor more than $5,000.

History. (§ 7 ch 59 SLA 1949; added by § 1 ch 86 SLA 1953; am § 4 ch 233 SLA 1968; am § 5 ch 10 SLA 1997; am § 2 1998 Ballot Measure No. 5)

Sec. 19.25.140. Compensation for removal of advertising.

1. The department is authorized to acquire by purchase, gift, or condemnation all advertising devices and any property rights pertaining to them when the advertising devices are required to be removed under AS 19.25.150 .
2. Damages resulting from a taking in eminent domain shall be ascertained in the manner provided by law.

History. (§ 5 ch 233 SLA 1968; am § 45 ch 69 SLA 1970)

Sec. 19.25.150. Unlawful advertising.

An advertising sign, display, or device that violates the provisions of AS 19.25.080 — 19.25.180 is a public nuisance. The department shall give 30 days’ notice, by certified mail, to the owner of the land on which the advertising sign, display, or device is located, ordering its removal if it is prohibited by AS 19.25.080 — 19.25.180 or ordering the owner to cause it to conform to regulations if it is authorized by AS 19.25.080 — 19.25.180. If the owner of the property fails to comply within 30 days as required in the notice, the department shall remove the outdoor advertising sign, display, or device at the expense of the owner of the land or the person who erected it.

History. (§ 5 ch 233 SLA 1968; am § 19 ch 21 SLA 1991)

Administrative Code. —

For maintenance, see 17 AAC 20.

Sec. 19.25.160. Definitions.

In AS 19.25.080 — 19.25.180 ,

1. “billboards” means any signboards, signs, displays, notices, or forms of outdoor advertising that do not strictly comply with the provisions of AS 19.25.075 — 19.25.180 , or with any permit or permits issued pursuant to AS 19.25.075 — 19.25.180 ;
2. “interstate system” means that portion of the National System of Interstate and Defense Highways located in this state, as officially designated, or as may hereafter be so designated, by the commissioner, and approved by the secretary of transportation (or by the secretary of commerce before the effective date of the transfer of functions under Public Law 89-670 (80 Stat. 931)), under the provisions of 23 U.S.C.;
3. “outdoor advertising” includes any outdoor sign, display, or device used to advertise, attract attention, or inform and which is visible to a person on the main-traveled way of a highway of the interstate, primary, or secondary systems in this state, whether by printing, writing, painting, picture, light, drawing, or whether by the use of figures or objects, or a combination of these, or any other thing designed, intended, or used to advertise, inform, or attract attention;
4. “primary system” or “secondary system” means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the commissioner, and approved by the secretary of transportation (or by the secretary of commerce before the effective date of the transfer of functions under Public Law 89-670 (80 Stat. 931)), under the provisions of 23 U.S.C.

History. (§ 5 ch 233 SLA 1968; am §§ 46, 47 ch 69 SLA 1970; am §§ 5, 6 ch 155 SLA 1970; am § 53 ch 30 SLA 1996; am § 3 1998 Ballot Measure No. 5)

Revisor’s notes. —

Reorganized in 1988 to alphabetize the defined terms.

Sec. 19.25.170. Agreements with the United States; regulations.

The department is authorized to enter into agreements in conformity with the provisions of this title with the United States Secretary of Transportation as provided by 23 U.S.C. relating to the control of outdoor advertising signs, displays, and devices in areas adjacent to interstate and primary systems and to take action in the name of the state to comply with the terms of the agreements, and to adopt required regulations.

History. (§ 5 ch 233 SLA 1968)

Administrative Code. —

For maintenance, see 17 AAC 20.

Sec. 19.25.180. Applicability of municipal enactments.

Notwithstanding AS 19.25.080 — 19.25.180 , a municipality may enact ordinances that regulate outdoor advertising in a way that is more restrictive than the provisions of AS 19.25.080 — 19.25.180 .

History. (§ 5 ch 233 SLA 1968; am § 3 ch 84 SLA 1995)

Sec. 19.25.200. Encroachment permits; liability.

1. 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.
2. The provisions under (a) of this section do not apply to a mailbox or a newspaper box attached to a mailbox.
3. 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.
4. 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.
5. 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.
6. 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 .
7. 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.

History. (§ 2 ch 64 SLA 1971; am § 41 ch 138 SLA 1986; am § 4 ch 142 SLA 1986; am § 10 ch 90 SLA 1991; am § 2 ch 61 SLA 2005)

Administrative Code. —

For encroachment permits, see 17 AAC 10, art. 1.

For utility permits, see 17 AAC 15, art. 1.

For utility standards and requirements, see 17 AAC 15, art. 2.

For utility relocation and installation, see 17 AAC 15, art. 3.

For railroads, see 17 AAC 15, art. 4.

For maintenance, see 17 AAC 20.

For tourist-oriented directional signs, see 17 AAC 60, art. 1.

For logo signs, see 17 AAC 60, art. 2.

For recreational and cultural interest area signs, see 17 AAC 60, art. 3.

For tourist information kiosks, see 17 AAC 60, art. 5.

Collateral references. —

3 Am. Jur. 2d, Advertising, § 1 et seq.

40 Am. Jur. 2d, Highways, Streets and Bridges, § 321 et seq.

40 C.J.S., Highways, § 248 et seq.

Sec. 19.25.210. Relocation or removal of encroachment.

If, incidental to the construction or maintenance of a state highway, the department determines and orders that an encroachment previously authorized by written permit must be changed, relocated, or removed, the owner of the encroachment shall change, relocate, or remove it at no expense to the state, except as provided in AS 19.25.020 , within a reasonable time set by the department. If the owner does not change, relocate, or remove an encroachment within the time set by the department, the encroachment shall be considered an unauthorized encroachment and subject to the provisions of AS 19.25.220 — 19.25.250 .

History. (§ 2 ch 64 SLA 1971)

Administrative Code. —

For utility permits, see 17 AAC 15, art. 1.

For utility relocation and installation, see 17 AAC 15, art. 3.

Sec. 19.25.220. Unauthorized encroachments.

If an unauthorized encroachment exists in, on, under, or over a state highway, the department may require the removal of the encroachment in the manner provided in AS 19.25.230 — 19.25.250 .

History. (§ 2 ch 64 SLA 1971)

Administrative Code. —

For utility permits, see 17 AAC 15, art. 1.

Collateral references. —

State or municipal towing, impounding, or destruction of motor vehicles parked or abandoned on streets or highways. 32 ALR4th 728.

Sec. 19.25.230. Notice of removal.

Except as otherwise provided in AS 19.25.200 , 19.25.210 and 19.25.240 , notice shall be given the owner, occupant, or person in possession of the encroachment, or to any other person causing or permitting the encroachment to exist, by serving upon any of them a notice demanding the removal of the encroachment. The notice must describe the encroachment complained of with reasonable certainty as to its character and location. Service of the notice may be made by certified mail.

History. (§ 2 ch 64 SLA 1971)

Sec. 19.25.240. Summary removal.

The department may at any time remove from a state highway or road an encroachment that obstructs or prevents the use of the highway or road by the public.

History. (§ 2 ch 64 SLA 1971)

Opinions of attorney general. —

The safety of persons using the road is of overriding importance when weighed against the interest of a sign owner who has illegally placed a sign where it threatens public safety. January 3, 1984 Op. Att’y Gen.

An encroachment which obstructs anyone’s view of the road is one which “obstructs . . . the highway or road” and also presents a serious danger to the public. January 3, 1984 Op. Att’y Gen.

The Department of Transportation and Public Facilities may summarily remove a sign or other object it determines to be a visual obstruction or a safety hazard; so long as it protects the sign or other object upon removal, the department is protecting the owner’s only recognizable interest. January 3, 1984 Op. Att’y Gen.

Sec. 19.25.250. Removal after noncompliance; removal expense.

After a failure of the owner of an encroachment to comply with a notice or demand of the department under the provisions of AS 19.25.200 , 19.25.210 and 19.25.230 , the department may remove, or cause to be removed, the encroachment, and the owner of the encroachment shall pay to the department

1. the expenses of the removal of the encroachment;
2. all costs and expenses paid by the state as a result of a claim or claims filed against the state by third parties for damages due to delays because the encroachment was not changed, removed, or relocated according to the order of the department; and
3. costs and expenses of suit.

History. (§ 2 ch 64 SLA 1971)

Sec. 19.25.260. Roadside memorials permitted.

1. Notwithstanding AS 19.25.090 , 19.25.105 , and 19.25.200 , a person may, for a period of not more than two years, place in the right-of-way but outside of the traveled way of a state highway a temporary memorial for a decedent who died as a result of a traffic accident, or other incident in the right-of-way, at or reasonably near the site where the memorial is located.
2. A memorial must not interfere with the use of the highway, with other uses of the right-of-way, with the visibility of directional and other official signs and notices, or with highway safety, construction, or maintenance.
3. The person who places a memorial in the right-of-way of a state highway shall
   1. post the person’s contact information on the memorial;
   2. inform the department of the location within seven days of placement of the memorial; and
   3. provide the person’s contact information to the department.
4. A person may not place a political or commercial message on a memorial.
5. A person may not place reflective material or another item on a memorial if that material or item would be distracting to drivers and other users of the right-of-way.
6. The state is not liable for damage to, or damage or injury resulting from the presence of, a memorial in the right-of-way of a state highway.
7. In this section, “memorial” means decorations, flags, flowers, and other lightweight objects or ornamentation commonly used at funerals or at gravesides as a tribute to a decedent.

History. (§ 1 ch 125 SLA 2003)

Sec. 19.25.270. Relocation or removal of memorial.

1. If, incidental to the construction or maintenance of a state highway, the department determines that a memorial authorized by AS 19.25.260 must be changed, relocated, or removed, the person who placed the memorial within the right-of-way shall change, relocate, or remove the memorial at no expense to the state within a reasonable time set by the department. If the owner does not change, relocate, or remove a memorial within the time set by the department, the memorial is an unauthorized encroachment and subject to the provisions of AS 19.25.230 — 19.25.250 .
2. If a memorial in the right-of-way of a state highway does not comply with the requirements of AS 19.25.260 , the memorial is an unauthorized encroachment. The department may require removal of the encroachment in the manner provided in AS 19.25.230 — 19.25.250 .

History. (§ 1 ch 125 SLA 2003)

Sec. 19.27.010. Purpose.

For the purpose of promoting the public safety, health, welfare, convenience, and enjoyment of public travel, to protect the public investment in public highways and other roads maintained by the state, and to preserve and enhance the scenic beauty of land bordering public highways and other roads maintained by the state, it is declared to be in the public interest to regulate and restrict junk yards in areas adjacent to the interstate, primary, and secondary systems within this state and other roads maintained by the state. The legislature finds and declares that junk yards that do not conform to the requirements of this chapter are public nuisances.

History. (§ 1 ch 233 SLA 1968; am § 7 ch 155 SLA 1970; am § 1 ch 179 SLA 1976)

Collateral references. —

58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq.

Sec. 19.27.020. Limitations of junk yards.

A person may not establish, operate, or maintain a junk yard, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any interstate, primary or secondary highway or other road maintained by the state, except the following:

1. those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the interstate and primary systems or other roads maintained by the state, or otherwise removed from sight;
2. those located within areas which are zoned for industrial use under authority of law;
3. those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by regulations to be adopted by the department.

History. (§ 1 ch 233 SLA 1968; am § 8 ch 155 SLA 1970; am § 2 ch 179 SLA 1976)

Sec. 19.27.030. Junk yards lawfully in existence.

1. A junk yard lawfully in existence on August 6, 1968, that is within 1,000 feet of the nearest edge of the right-of-way and visible from the main-traveled way of any highway on the interstate or primary system shall be screened, if feasible, so as not to be visible from the main-traveled way of the highways.
2. A junk yard lawfully in existence on July 1, 1970, that is within 1,000 feet of the nearest edge of the right-of-way and visible from the main-traveled way of any highway on the secondary system, or a junk yard lawfully in existence on September 14, 1976, that is within 1,000 feet of the nearest edge of the right-of-way and visible from the main-traveled way of a road maintained by the state, shall be screened, if feasible, so as not to be visible from the main-traveled way of the highway.

History. (§ 1 ch 233 SLA 1968; am § 9 ch 155 SLA 1970; am § 3 ch 179 SLA 1976)

Sec. 19.27.035. Screening by department; lien.

1. If the owner or operator of a junk yard does not screen the yard under AS 19.27.030 , and the department has not determined that screening would be unfeasible, the department may screen the yard.  The owner or operator shall reimburse the department for the costs of the labor and materials necessary for the screening.
2. The state has a lien for the costs referred to in (a) of this section on the junk and the land on which the junk yard is located, after recording a claim of lien in the office of the recorder for the district in which the property is located.

History. (§ 10 ch 155 SLA 1970)

Revisor’s notes. —

Minor word changes related to the recording of documents were made in subsection (b) of this section in 1988 because of the enactment of ch. 161, SLA 1988.

Sec. 19.27.040. Regulations concerning screening and fencing.

The department may adopt regulations governing the location, planting, construction, and maintenance, including the materials used in the screening or fencing required by this chapter.

History. (§ 1 ch 233 SLA 1968)

Sec. 19.27.050. Authority to acquire property interests for removal or screening of junk yards.

When the department determines that the topography of the land adjoining the highway or the road maintained by the state will not permit adequate screening of those junk yards lawfully in existence as provided in AS 19.27.030 or the screening of the junk yards would not be economically feasible, the department may acquire by gift, purchase, exchange, or condemnation, property interests necessary to secure the removal of the junk yards, and the department shall pay just compensation to the owner for the property. When the department determines that it is in the best interests of the state, it may acquire land, or interests in land, necessary to provide adequate screening of junk yards.

History. (§ 1 ch 233 SLA 1968; am § 4 ch 179 SLA 1976)

Sec. 19.27.060. Violating junk yard a nuisance.

A junk yard that is in violation of a provision of this title, or a regulation adopted under this title, is a public nuisance.

History. (§ 1 ch 233 SLA 1968)

Sec. 19.27.070. Junk yards in existence on date of enactment. [Repealed, § 22 ch 94 SLA 1980.]

Sec. 19.27.080. Injunction.

At the request of the department the attorney general may institute a civil action in superior court to abate a junk yard that is a nuisance as defined in this chapter. In the proceedings the court shall determine whether the junk yard is a nuisance as defined in this chapter and shall enter judgments or decrees it considers necessary to abate the nuisance. A civil action under this section shall be brought in the superior court in the judicial district in which the junk yard is located.

History. (§ 1 ch 233 SLA 1968)

Sec. 19.27.090. Interpretation.

This chapter may not be construed to abrogate or affect the provisions of any law, ordinance, regulation, or resolution that is more restrictive than the provisions of this chapter.

History. (§ 1 ch 233 SLA 1968)

Sec. 19.27.100. Agreements with the United States.

The department may enter into agreements in conformity with this title with the United States Secretary of Transportation as provided by 23 U.S.C., relating to the control of junk yards in areas adjacent to the interstate and primary systems, and take action in the name of the state to comply with the terms of the agreements.

History. (§ 1 ch 233 SLA 1968)

Sec. 19.27.110. Definitions.

In this chapter,

1. “automobile graveyard” means an establishment or place of business which is maintained, used, or operated primarily for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts;
2. “interstate system” means that portion of the National System of Interstate and Defense Highways located in this state, as officially designated, or as may hereafter be so designated, by the commissioner and approved by the United States Secretary of Transportation (or by the United States Secretary of Commerce before the effective date of the transfer of functions under Public Law 89-670 [80 Stat. 931]), under the provisions of 23 U.S.C;
3. “junk” means used or scrap rope, rags, batteries, paper, trash, rubber, debris or waste, junked, dismantled, or wrecked automobiles, or parts thereof, or used or scrap iron, steel, copper, brass, and other ferrous or nonferrous metals;
4. “junk yard” means an establishment or place of business, private or public, which is maintained, operated, or used primarily for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term includes garbage dumps and sanitary fills;
5. “primary system” or “secondary system” means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the commissioner, and approved by the United States Secretary of Transportation (or by the United States Secretary of Commerce before the effective date of the transfer of functions under Public Law 89-670 [80 Stat. 931]), under the provisions of 23 U.S.C.

History. (§ 1 ch 233 SLA 1968; am §§ 48, 49 ch 69 SLA 1970; am §§ 12, 13 ch 155 SLA 1970; am § 53 ch 30 SLA 1996)

Revisor’s notes. —

Reorganized in 1988 to alphabetize the defined terms, and 2008 to reflect the 1996 repeal of former paragraph (2).

Sec. 19.27.120. Penalty for violation.

A person who violates this chapter, or a regulation adopted under it, is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $50 nor more than $1,000.

History. (§ 1 ch 233 SLA 1968)

Sec. 19.27.130. Additional requirements.

The requirements imposed by this chapter relative to junk yards are in addition to the requirements of AS 08.60.050 — 08.60.100 .

History. (§ 1 ch 233 SLA 1968)

Sec. 19.27.140. Short title.

This chapter may be cited as the Junk Yard Control Act.

History. (§ 1 ch 233 SLA 1968)

Sec. 19.30.010. Findings. [Repealed, § 6 ch 167 SLA 1970.]

Sec. 19.30.020. Purpose.

The purpose of AS 19.30.020 — 19.30.051 is to facilitate the commercial development of mineral resources, except oil and gas, by authorizing funds to participate in construction of developmental access roads into areas where mining prospects of valid commercial promise are inaccessible to truck haulage. These access roads are to be constructed as rudimentary truck roads and to standards that can be readily improved for general public use. It is the intent of the state to participate with mineral resource developers up to 50 percent for the cost of construction and maintenance of developmental access roads under AS 19.30.020 — 19.30.051 .

History. (§ 1 ch 47 SLA 1959; am § 1 ch 154 SLA 1960; am § 1 ch 129 SLA 1968; am § 1 ch 167 SLA 1970)

Sec. 19.30.030. Commissioner of natural resources to approve application.

1. The commissioner of natural resources may approve applications for construction of developmental access roads under AS 19.30.020 — 19.30.051 .
2. A request for construction assistance shall be submitted to the commissioner of natural resources by the resource developer, setting out the scope of the development and the resources to be developed.
3. The commissioner of natural resources shall review the application and, if found feasible and participating funds are available, may enter into a contract in which the state will participate with the applicant in the cost of construction of the road, up to $50,000 or up to 50 percent of the cost, whichever is lower; however, the applicant shall pay for all right-of-way acquisition.
4. For purposes of (c) of this section, “cost of construction” includes, in addition to costs directly related to the project, the sum total of all costs of financing and carrying out the project.  These include, but are not limited to, the costs of all necessary studies, surveys, plans and specifications, architectural, engineering or other special services, acquisition of real property, site preparation and development, purchase, construction, reconstruction, and improvement of real property and the acquisition of machinery and equipment as may be necessary in connection with the project; an allocable portion of the administrative and operating expenses of the grantee; the cost of financing the project, including interest on bonds issued to finance the project; and the cost of other items, including any indemnity and surety bonds and premiums on insurance, legal fees, fees and expenses of trustees, depositaries, financial advisors, and paying agents for the bonds issued as the issuer considers necessary.

History. (§ 3 ch 47 SLA 1959; am § 3 ch 154 SLA 1960; am § 2 ch 129 SLA 1968; am § 2 ch 167 SLA 1970; am § 23 ch 168 SLA 1978)

Sec. 19.30.040. Construction and maintenance.

1. Upon approval of an application and agreement as to state participation, the applicant resource developer shall submit to the commissioner of natural resources road plans and specifications for the standard of construction the applicant believes to be necessary to develop the mineral resource and protect the fish and game resources that may be affected by the road construction. Plans and specifications submitted by each applicant shall be forwarded by the commissioner of natural resources to the commissioner of transportation and public facilities and the commissioner of fish and game and, upon approval by them, the applicant may proceed with construction.
2. The applicant shall be allowed credit for the use of the applicant’s workers and equipment or those of the applicant’s contractor as the applicant’s share of cost participation. The applicant must submit documentation satisfactory to the commissioner of transportation and public facilities to support the applicant’s participation for this credit.
3. If the total cost of the road is less than the original estimate, the state shall match only half of the actual cost.
4. If the total cost of the road is greater than the original estimate, the applicant resource developer shall be responsible for all costs in excess of the agreed upon state participation.
5. The road becomes the property of the state, and, so long as the road is used by the applicant resource developer, is open to public use, and the applicant shall bear one-half the cost of maintenance.

History. (§ 4 ch 47 SLA 1959; am § 4 ch 154 SLA 1960; am § 3 ch 129 SLA 1968; am § 3 ch 167 SLA 1970)

Sec. 19.30.045. Canadian minerals.

The state may elect, at the joint discretion of the commissioners of transportation and public facilities and natural resources, to authorize participation in a similar manner to that authorized in AS 19.30.020 — 19.30.040 , in construction and maintenance of developmental access roads to the state border for the development of mineral resources that are in adjacent Canadian land if access roads are the most feasible way of developing those mineral resources, and if it is considered by the commissioners to be in the interest of the state to construct the roads; however, the state may participate up to $50,000, or up to one-third of the cost of construction and of the maintenance of these roads in the state, whichever is lower.

History. (§ 4 ch 167 SLA 1970)

Sec. 19.30.050. Permanent capital structures prohibited. [Repealed, § 4 ch 129 SLA 1968.]

Sec. 19.30.051. Regulations.

The commissioner of natural resources and the commissioner of transportation and public facilities shall adopt regulations to implement the purposes of AS 19.30.020 — 19.30.051 .

History. (§ 4 ch 129 SLA 1968; am § 5 ch 167 SLA 1970)

Revisor’s notes. —

Enacted as AS 19.30.050 . Renumbered in 1968.

Administrative Code. —

For driveway and approach road permits, see 17 AAC 10, art. 2.

For utility permits, see 17 AAC 15, art. 1.

For utility standards and requirements, see 17 AAC 15, art. 2.

For utility relocation and installation, see 17 AAC 15, art. 3.

For railroads, see 17 AAC 15, art. 4.

Sec. 19.30.060. Purpose.

It is the purpose of AS 19.30.060 — 19.30.100 to provide access to state land that is programmed for surface disposal, and to provide access roads at the lowest possible cost.

History. (§ 1 ch 122 SLA 1961; am § 1 ch 7 SLA 1964)

Collateral references. —

39 Am. Jur. 2d, Highways, Streets and Bridges, § 200 et seq.

39A C.J.S., Highways, § 135 et seq.

Liability of strip or other surface mine or quarry operator to person on highway injured or killed during blasting operations. 84 ALR2d 737.

Sec. 19.30.070. Contracts for construction of roads.

The director of the division of lands may contract with private persons for the construction of roads to and on state land programmed for surface disposal that are not more than six miles from existing roads or highways. Contracts under this section are governed by AS 36.30 (State Procurement Code).

History. (§ 1 ch 122 SLA 1961; am § 2 ch 7 SLA 1964; am § 16 ch 106 SLA 1986)

Sec. 19.30.080. Construction standards and maintenance.

An access road constructed under AS 19.30.060 — 19.30.100 shall be of low standard, not necessarily suitable for all weather use. The state is not under obligation to maintain an access road constructed under AS 19.30.060 — 19.30.100 . If an access road is constructed outside a municipality that has zoning ordinances, the right-of-way width for the road shall be determined by the division of lands and the Department of Transportation and Public Facilities. If an access road is constructed within the boundaries of a municipality that has zoning ordinances, the right-of-way width shall conform to the subdivision control ordinances of the municipality. Contracts for the work on an access road are governed by AS 36.30 (State Procurement Code).

History. (§ 1 ch 122 SLA 1961; am § 3 ch 7 SLA 1964; am § 50 ch 59 SLA 1982; am § 17 ch 106 SLA 1986)

Sec. 19.30.090. Payment of construction costs in land credit certificates.

The cost of constructing access roads to state land shall be paid in freely transferable land credit certificates which may be applied toward the purchase or lease of any state land under the jurisdiction of the division of lands, except tide, submerged, and shoreland and land belonging to the state which have been obtained by escheat, purchase, or any means other than by general land grant. A land credit certificate is valid for a period of 20 years after issue. After the expiration of 20 years from date of issue the holder may not start an action against the state or any person based upon the certificate. The method of disposing of land and resources and restrictions upon their disposal established by law or regulation are in no way affected by the use of land credit certificates.

History. (§ 2 ch 122 SLA 1961; am § 4 ch 7 SLA 1964)

Sec. 19.30.100. Commissioner of natural resources may adopt regulations.

The commissioner of natural resources may adopt regulations necessary to carry out the purposes of AS 19.30.060 — 19.30.100 .

History. (§ 3 ch 122 SLA 1961)

Administrative Code. —

For subdivision development standards, see 11 AAC 53, art. 4.

Sec. 19.30.110. [Repealed, § 1 ch 84 SLA 1971.]

Sec. 19.30.111. Purpose.

It is the purpose of AS 19.30.111 — 19.30.251 to provide for the acquisition and construction of local service roads and trails that are not included in the approved federal-aid primary highway systems eligible for federal-state matching funds.

History. (§ 2 ch 84 SLA 1971; am § 1 ch 38 SLA 1981)

Collateral references. —

39 Am. Jur. 2d, Highways, Streets and Bridges, § 200 et seq.

40 C.J.S., Highways, § 176 et seq.

Power to directly regulate or prohibit abutter’s access to street or highway. 73 ALR2d 652.

Accidents arising from merger of traffic on limited-access highway with that from service road or ramp. 40 ALR3d 1429.

Measure and elements of damage for limitation of access caused by conversion of conventional road into limited access highway. 42 ALR3d 148.

Sec. 19.30.120. [Repealed, § 1 ch 84 SLA 1971.]

Sec. 19.30.121. Regulations.

The commissioner may adopt regulations necessary to carry out AS 19.30.111 — 19.30.241 .

History. (§ 2 ch 84 SLA 1971)

Administrative Code. —

For driveway and approach road permits, see 17 AAC 10, art. 2.

For utility permits, see 17 AAC 15, art. 1.

For utility standards and requirements, see 17 AAC 15, art. 2.

For utility relocation and installation, see 17 AAC 15, art. 3.

For railroads, see 17 AAC 15, art. 4.

Sec. 19.30.127. Allocation districts.

The state is divided into five allocation districts as follows:

1. The boundary of allocation district one begins in Kamishak  Bay at 59° 15´ N, 154° 00´W; and travels north along longitude line 154° 00´W to latitude 63° 00´N; thence east along latitude line 63° 00´N to a point common with the boundaries of allocations districts two and five; southerly of the Denali Highway at Corkscrew Creek (Milepost 59.1); thence southerly to Prince William Sound at Fairmount Point 60° 53´45" N, 147° 27´W and inclusive of Kodiak, Afognak, Barren, Trinity, and Chirikof Islands.
2. The boundary of allocation district two begins at and includes the point at which the Alaska Highway intersects the Alaska-Yukon border; travels northwesterly to the west abutment of the Little Tok River Bridge on Tok Cutoff Highway (Milepost 91.2); thence west to the northerly abutment of the McCallum Creek Bridge on the Richardson Highway (Milestone 202.4); thence west to a point directly north of the Denali Highway at Corkscrew Creek (Milepost 59.1); thence southwesterly to the Glenn Highway at Summit (Milepost 118) and continuing along that line to latitude 63° 00´N; thence west along latitude 63° 00´N; to longitude 154° 00´W; thence north along longitude 154° 00´W to the Arctic Ocean.
3. The boundary of allocation district three begins in the Gulf of Alaska on longitude line 141° 00´W; thence north along longitude 141° 00´W to Boundary Point 187; thence southeasterly along the Canadian-United States border bounding Southeastern Alaska in its entirety.
4. The boundary of allocation district four begins in the Arctic Ocean at Smith Bay 70° 54´N, 154° 19´W; on longitude line 154° 00´W; travels south along longitude 154° 00´W to latitude 59° 15´N in Kamishak Bay; thence east along latitude 59° 15´N to longitude 152° 15´W; thence southwesterly through Shelikof Strait and bounds of the entire Aleutian Chain.
5. The boundary of allocation district five begins at the Gulf of Alaska on longitude line 141° 00´W and travels northerly along that line to the point (but not including the point) at which Alaska Highway intersects the Alaska-Yukon border; thence northwesterly to the west abutment of the Little Tok River Bridge on the Tok Cutoff Highway (Milepost 91.2); thence west to the northerly abutment of McCallum Creek Bridge on the Richardson Highway (Milepost 202.40; thence west to the point directly north of Denali Highway at Corkscrew Creek (Milepost 59.1); thence southwesterly to the Glenn Highway at Summit (Milepost 118); thence southerly to Prince William Sound at Fairmount Point 60° 53´45"N, 147° 27´W.

History. (§ 2 ch 84 SLA 1971)

Sec. 19.30.130. [Repealed, § 1 ch 84 SLA 1971.]

Sec. 19.30.131. Allocation of funds.

1. During each fiscal year the commissioner shall allocate sums appropriated or otherwise designated for expenditure upon local service roads for that fiscal year among the five allocation districts in the following manner: one-half in the ratio that the area of each allocation district bears to the total area of the state and one-half in the ratio that the population of each allocation district bears to the total population of the state as shown by the latest available federal or state census or other census approved by the Department of Commerce, Community, and Economic Development.
2. The commissioner shall also further allocate the sums in each allocation district to the boroughs and unified municipalities within each allocation district in the following manner: one-half in the ratio that the area of each organized borough or unified municipality (excluding salt water areas) within that district bears to the total area of the allocation district and one-half in the ratio that the population of each organized borough area or each unified municipality within that district bears to the total population of the allocation district as shown by the latest available federal or state census or other census approved by the Department of Commerce, Community, and Economic Development.
3. The commissioner shall also further allocate portions of the sum allocated to any organized borough and to any home rule city within the organized borough in the following manner:
   1. one-half in the ratio that the area of each home rule city bears to the total area of the organized borough excluding salt water areas; and
   2. one-half in the ratio that the population of each home rule city bears to the total population of the organized borough as shown by the latest available federal or state census or other census approved by the Department of Commerce, Community, and Economic Development.
4. The sums not allocated within each district to a local government under (b) and (c) of this section shall be allocated to the unorganized borough and administered by the department.

History. (§ 2 ch 84 SLA 1971; am § 2 ch 38 SLA 1981; am §§ 1 — 3 ch 5 SLA 1986)

Revisor’s notes. —

In 1999, in this section, “Department of Community and Economic Development” was substituted for “Department of Community and Regional Affairs” in accordance with § 91(a)(5), ch. 58, SLA 1999.

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” throughout this section, in accordance with § 3, ch. 47, SLA 2004.

Sec. 19.30.140. [Repealed, § 1 ch 84 SLA 1971.]

Sec. 19.30.141. Acquisition and construction programs.

Before October 1 of each fiscal year each local government eligible for allocation of funds under AS 19.30.131 shall submit to the commissioner for approval a five-year plan for the acquisition and construction of local service roads and trails. Before December 1 of each fiscal year the commissioner shall submit to the governor a five-year plan for the acquisition and construction of local service roads and trails, including the approved local government programs. An organized borough shall include in its five-year plan local service road acquisition and construction programs for all cities other than home rule cities within the boundaries of the borough. The commissioner shall include in the five-year plan local service road and trail acquisition and construction within the unorganized borough.

History. (§ 2 ch 84 SLA 1971; am § 3 ch 38 SLA 1981; am § 4 ch 5 SLA 1986)

Sec. 19.30.150. [Repealed, § 1 ch 84 SLA 1971.]

Sec. 19.30.151. Local government participation.

1. Upon application by a local government, local service roads and trails constructed under the provisions of AS 19.30.111 — 19.30.241 and located within the jurisdictional boundaries of a local government may be transferred to that local government upon approval by the department and after a vote of the people in the area.
2. The commissioner shall, upon request of a local government, transfer funds allocated under AS 19.30.131 to any local government that has assumed local road powers for project cost amounts and contract award amounts submitted to the commissioner.
3. AS 19.30.111 — 19.30.241 do not prohibit a local government from participating financially in the acquisition and construction of a local service road or trail.

History. (§ 2 ch 84 SLA 1971; am §§ 2, 3 ch 158 SLA 1980; am § 4 ch 38 SLA 1981)

Sec. 19.30.160. [Repealed, § 1 ch 84 SLA 1971.]

Sec. 19.30.161. Design standards, rights-of-way, and widths.

Design standards, rights-of-way, and widths for each local service road and trail project must have the prior approval of the commissioner, unless the project is under the supervision of a local government that has assumed local road powers. Where approval is required the commissioner must make a decision within 90 days after the Department of Transportation and Public Facilities’ receipt of the local government’s request. If the project is under the supervision of a local government that has assumed road powers and the project is not located on a federal-aid secondary route, design standards, rights-of-way, and widths shall be established by the local government. If a project under the supervision of a local government that has assumed road powers is located on a federal-aid secondary route, design standards, rights-of-way, and widths must have the prior approval of the commissioner.

History. (§ 2 ch 84 SLA 1971; am § 4 ch 158 SLA 1980; am § 5 ch 5 SLA 1986)

Sec. 19.30.170. [Repealed, § 1 ch 84 SLA 1971.]

Sec. 19.30.171. Acquisition and conveyance of rights-of-way.

1. The local government shall acquire all rights-of-way required for local service road and trail construction.  However, if the local government is unable to acquire the necessary right-of-way, the commissioner may acquire it in accordance with AS 19.05.080 — 19.05.120 .  The commissioner may convey to the local government, by appropriate instrument executed in the name of the state, any land or interest in land which has been acquired by the state for the construction of local service roads or trails.
2. The costs incurred by the commissioner in acquiring this land or interest in land includes all costs and any fees incidental to acquisition.  All costs incurred in connection with the acquisition of the land or interest in land for local governments that have assumed local road powers shall be charged to the project allocation for which the land or interest in land is acquired.  Right-of-way acquisition costs incurred by the commissioner for local governments without local road powers under AS 19.30.151(a) shall be charged to the project allocation for the local government for which the land or interest in land is acquired.
3. When rights-of-way for local service roads are acquired over land or interest in land owned by the state, the commissioner may make arrangements with the department having jurisdiction over the land as may be necessary to give the local government adequate rights-of-way, and any department having jurisdiction is directed to transfer the jurisdiction of the land to the commissioner.

History. (§ 2 ch 84 SLA 1971; am § 17 ch 71 SLA 1972; am § 5 ch 158 SLA 1980; am § 5 ch 38 SLA 1981)

Sec. 19.30.181. Project agreements.

A local government that has assumed local road powers may enter into a formal project agreement with the commissioner for the acquisition and construction of a specific project.

History. (§ 2 ch 84 SLA 1971; am § 6 ch 158 SLA 1980; am § 6 ch 38 SLA 1981)

Sec. 19.30.191. Letting of contracts.

1. [Repealed, § 15 ch 158 SLA 1980.]
2. Contracts entered into by a local government that has assumed local road powers for the construction of each project shall be awarded only on the basis of the lowest responsible bid submitted by a bidder meeting established criteria of responsibility.
3. All contracts by a local government that has not assumed local road powers must have the prior concurrence of the commissioner.  The commissioner may delegate the power to approve contracts to a local government that has assumed local road powers for the acquisition and construction of local service roads and trails.
4. Except as provided in (b) and (c) of this section and in AS 44.33.300 , construction of each project shall be administered by the department in accordance with guidelines established by the commissioner by regulation.

History. (§ 2 ch 84 SLA 1971; am § 4 ch 277 SLA 1976; am §§ 7 — 9, 15 ch 158 SLA 1980; am §§ 7, 8 ch 38 SLA 1981)

Sec. 19.30.201. Construction.

Except as provided under AS 19.30.161 , the construction of a local service road or trail undertaken by the department or under its direct supervision under the provisions of AS 19.30.111 — 19.30.241 shall be performed according to approved design standards and is subject to the inspection and approval of the commissioner. All construction work done and labor performed by or under the direct supervision of the department shall be in accordance with applicable state law.

History. (§ 2 ch 84 SLA 1971; am § 10 ch 158 SLA 1980; am § 9 ch 38 SLA 1981)

Sec. 19.30.211. Maintenance.

1. The department shall maintain, or cause to be maintained, any project constructed by the department under the provisions of AS 19.30.111 — 19.30.241 , except that upon mutual agreement of the commissioner and the local government the responsibility for maintenance may be transferred to the local government if it is authorized to assume road maintenance powers.
2. The department shall continue maintenance on all projects maintained by the department on January 1, 1980.
3. A local government may contract with the department for maintenance of a project.  The maximum annual maintenance cost to the local government may not exceed twice the amount of state aid to municipalities for roads.

History. (§ 2 ch 84 SLA 1971; am § 11 ch 158 SLA 1980)

Sec. 19.30.221. Availability of allocated sums.

1. On and after the date that the commissioner has certified the sums allocated to each local government, the sums shall be available for expenditure under the provisions of this chapter.
2. These allocated sums shall be available for expenditure for a period of five years after the close of the fiscal year for which the sums are authorized and any amounts so obligated remaining unexpended at the end of that period shall lapse and shall be available for other local service road or trail construction within that allocation district in accordance with AS 19.30.111 — 19.30.241 .
3. This section applies to sums transferred under AS 19.30.151(b) .
4. The payment of royalties required to obtain materials to construct local service road and trail projects is a valid expenditure under this chapter.

History. (§ 2 ch 84 SLA 1971; am § 12 ch 158 SLA 1980)

Sec. 19.30.231. Payment for construction. [Repealed, § 15 ch 158 SLA 1980.]

Sec. 19.30.233. Reports. [Repealed, § 35 ch 126 SLA 1994.]

Sec. 19.30.241. Definitions.

In AS 19.30.111 — 19.30.241 ,

1. “construction” means the building of a new road, street, or trail or the improvement of existing roads, streets or trails, and includes the necessary preliminary engineering, construction engineering and utility relocation;
2. “home rule city” means a city as defined in AS 29.04.010 ;
3. “local government” means an organized borough of any class, a unified municipality, or a city of any class;
4. “local service road” means a public road that is used by an average of fewer than 750 vehicles each day and that is not designated as a route on the approved primary, urban, or interstate federal-aid highway system;
5. “project” means an undertaking to construct a particular portion of a local service road or trail, or, if the context so implies, the particular portion of a local service road or trail so constructed;
6. “secondary road” means a road that is not included in the approved federal-aid primary highway system and is being maintained by the state or local government;
7. “trail” means a footpath or way on land or water that is open to public use as a matter of right whether or not a thoroughfare, particularly for dog sleds and mechanized snow vehicles.

History. (§ 2 ch 84 SLA 1971; am § 30 ch 53 SLA 1973; am § 14 ch 158 SLA 1980; am §§ 10, 11 ch 38 SLA 1981; am §§ 45, 46 ch 74 SLA 1985; am §§ 6, 7 ch 5 SLA 1986; am § 53 ch 30 SLA 1996)

Revisor’s notes. —

Reorganized in 1985 to alphabetize the defined terms, and in 2008 to reflect the 1996 repeal of former paragraphs (1) and (3).

Sec. 19.30.251. Local government powers.

Road construction and maintenance authority is granted to local governments, as defined in AS 19.30.241 , which do not otherwise have that authority; however, the authority granted is limited to participation in the construction and maintenance of local service roads under AS 19.30.111 — 19.30.241 .

History. (§ 2 ch 84 SLA 1971)

Sec. 19.30.260. Purpose.

The purpose of AS 19.30.260 — 19.30.320 is to facilitate funding for the upgrading, reconstruction, rehabilitation, or paving of existing subdivision roads within a road maintenance service area established under AS 29.35.450 or under a home rule charter.

History. (§ 1 ch 56 SLA 1984; am § 47 ch 74 SLA 1985)

Sec. 19.30.270. Allocation of money.

1. During each fiscal year each municipality shall receive money from the department that has been appropriated or otherwise designated for expenditure for road improvements within the municipality, based on the total road mileage in each road maintenance service area in the municipality.  The amounts that are available shall be distributed pro rata among eligible municipalities.
2. Money allocated to a municipality under this section shall be disbursed by the municipality for road maintenance service areas based on a first come, first served priority of road maintenance service area applications, subject to a 50 percent match by each road maintenance service area.
3. Money allocated under this section shall be available for expenditure in the road maintenance service area for which the funds are authorized for a period of five years after the end of the fiscal year for which the funds are authorized.  Money allocated for a road maintenance service area that is unexpended and unobligated at the end of the five-year period shall be used for other road maintenance service areas in the same municipality in accordance with AS 19.30.260 — 19.30.320 .  If there are no other road maintenance service areas in the municipality for which the money can be used, the municipality shall remit the unexpended and unobligated money to the department and it shall lapse into the general fund.
4. Fifty percent of the cost of construction in a road maintenance service area shall be paid by the road maintenance service area through road improvement district assessments, grants, or other appropriate financing means.

History. (§ 1 ch 56 SLA 1984)

Sec. 19.30.280. Eligibility.

1. After establishing a road maintenance service area under AS 29.35.450 , or under a home rule charter, a municipality may apply to the department for a grant as money is available for road improvements, subject to regulations adopted by the department to carry out the provisions of AS 19.30.260 — 19.30.320 .  The department shall require a municipality to submit a five-year plan for the upgrading, reconstructing, rehabilitating, or paving of maintenance service area roads for approval before October 1 of each fiscal year.
2. A municipality shall establish design standards for construction in a road maintenance service area.  An application for a grant for improving an existing road under this section which is constructed after July 1, 1984, may not be granted by the department until the existing road meets the minimum design standards of the municipality.

History. (§ 1 ch 56 SLA 1984; am § 48 ch 74 SLA 1985)

Sec. 19.30.290. Administration.

1. A contract entered into by a municipality for road construction within a road maintenance service area for which funds allocated to the municipality under AS 19.30.260 — 19.30.320 are used shall be awarded only on the basis of the lowest responsible bid by a bidder meeting established criteria of responsibility.
2. Construction under AS 19.30.260 — 19.30.320 shall be administered by the municipality in which the road maintenance service area is located.

History. (§ 1 ch 56 SLA 1984)

Sec. 19.30.300. Maintenance.

The road maintenance service area shall be responsible for maintaining roads constructed under AS 19.30.260 — 19.30.320 . The road maintenance service area may contract with a municipality for maintenance of the roads.

History. (§ 1 ch 56 SLA 1984)

Sec. 19.30.310. Report.

No later than August 1 of each year, a municipality that has received money under AS 19.30.270 shall submit a report to the department showing the use of the money by the municipality during the preceding fiscal year. No later than December 1 of each year, the department shall prepare and submit to the governor a report showing the use of the money allocated under AS 19.30.270 during the preceding fiscal year.

History. (§ 1 ch 56 SLA 1984)

Sec. 19.30.320. Definitions.

In AS 19.30.260 — 19.30.320 ,

1. “construction” or “road improvement” has the meaning given in AS 19.59.001 and includes utility and drainage costs but excludes financial costs, right-of-way costs, and new road construction;
2. “municipality” means a municipality that has road construction or maintenance powers;
3. “subdivision” has the meaning given in AS 40.15.900 .

History. (§ 1 ch 56 SLA 1984; am § 53 ch 30 SLA 1996; am § 2 ch 40 SLA 1998)

Revisor’s notes. —

In 1995, in paragraph (4) [now (3)], “AS 40.15.290 ” was substituted for “AS 40.15.190 (2)” to reflect the 1988 renumbering of AS 40.15.190 . In 2008, in paragraph (1), “AS 19.59.001 ” was substituted for “AS 19.45.001 ” to reflect the 2008 renumbering of AS 19.45.001 . In 2008, the paragraphs were renumbered to reflect the 1996 repeal of former paragraph (2).

Sec. 19.30.400. Identification and acceptance of rights-of-way.

1. The state claims, occupies, and possesses each right-of-way granted under former 43 U.S.C. 932 that was accepted either by the state or the territory of Alaska or by public users. A right-of-way acquired under former 43 U.S.C. 932 is available for use by the public under regulations adopted by the Department of Natural Resources unless the right-of-way has been transferred by the Department of Natural Resources to the Department of Transportation and Public Facilities, in which case the right-of-way is available for use by the public under regulations adopted by the Department of Transportation and Public Facilities.
2. The Department of Natural Resources shall conduct the necessary research to identify rights-of-way that have been accepted by public users under former 43 U.S.C. 932 and that have not been previously identified, and shall annually report to the legislature by the first day of each regular session of the legislature on rights-of-way that have been identified and that are not listed in this section.
3. The rights-of-way listed in (d) of this section have been accepted by public users and have been identified to provide effective notice to the public of these rights-of-way. The failure to include or identify a right-of-way under (d) of this section does not relinquish any right, title, or interest the public has in a right-of-way.
4. The following rights-of-way are identified by the name of the right-of-way and the identification number the right-of-way has been assigned by the Department of Natural Resources in the Historic Trails Database, known as the “RST” number, which contains a complete description of the right-of-way:

RIGHT-OF-WAY NAME RST NUMBER Cobb Lakes Trail 0001 Taylor — Humboldt 0002 Hajducovich — Macomb Plateau Trail 0003 Jualin Mine Road 0004 Marvel Creek Cat Trail 0005 Taylor Creek — Serpentine Hot Springs 0006 Eureka — Rampart 0007 Harrison Creek — Portage Creek 0008 Coldfoot — Chandalar Lake Trail 0009 Chicken — Franklin 0010 Eagle — Alder Creek Trail 0011 Nabesna — Chisana 0012 Poorman — Ophir Route 1 0013 Unuk River Road 0014 Long — Birch Creek Road 0015 Aurora Trail (Dahl-Deering) 0016 Knik Glacier Trail 0017 Bettles — Wild Lake River Trail 0018 Poorman — Ophir Route 2 0019 Wrong Way Lane (Harding Lake Trail) 0020 Akiak — Crooked Creek 0021 Akiakchak/Akiak — Phillips Bro-Russian Mis 0022 Aniak — Tuluksak 0024 Beaver — Caro 0027 Bennett’s Cutoff 0028 Bethel — Quinhagak 0030 Bethel — Kasigluk 0031 Bethel — Tuluksak 0032 Bluff — White Mountain 0034 Boulder Creek Trail 0036 Tramway Bar 0038 Candle — Kiwalik 0042 Rex Creek Trail 0043 Chena Hot Sprgs — East Fork (Van Curlers) 0046 Chickaloon — King River Road 0047 Chistochina — Slate Creek 0048 Chulitna Trail 0052 Telaquana Trail 0057 Dahl Creek Tractor Trail #1 0058 Crooked Creek — Aniak 0059 Davidson’s Landing — Taylor 0060 Stephan Lake — Murder Lake 0061 Dime Landing — Haycock Trail 0062 Dishkaket — Kaltag 0063 Donnelly — Washburn 0064 Dunbar — Brooks Terminal 0066 Eagle — Circle Mail Trail 0067 Egegik — Kanatak 0068 Elliot — Kotsina 0069 Ester — Dunbar 0070 Flat — Georgetown 0076 Flat — Holy Cross — Anvik 0077 Fortymile — Franklin 0078 Murder Lake North to Ridgeline 0080 Meiers Lodge — Dickey Lake 0082 Batzulnetas — Suslota Pass Trail 0083 Golovin — Council 0084 Christian — Arctic Village 0085 Goodnews Bay — Togiak 0086 South Spit Goodnews Bay — Platinum Creek 0087 Nakeen — Igiugig Winter Trail 0090 Holy Cross — Kaltshak (Kalskag) 0092 Hooper Bay — Scammon Bay 0093 Houston — Willow Creek 0095 Iditarod — Dishkaket 0097 Iditarod — Shageluk — Anvik (southern route) 0098 Indian River — Portage Creek Trail 0100 Iron Creek — American Creek 0101 Alatna — Shungnak 0105 Katalla — Yakataga 0106 Girdwood — Eagle River via Crow Pass 0110 Indian Pass Trail 0111 Kiana — Klery Creek 0114 Kiana — Selawik — Shungnak 0115 Kinak — Kipnuk 0116 Kiwalik — Noorvik 0117 Knik — Susitna 0118 Kobi — Bonnifield Trail to Tatlanika Creek 0119 Kotlik — Marshall 0120 Kotsina Trail 0121 Kotzebue — Noatak 0122 Nimiuk Point — Shungnak 0124 Lakeview — McDougal 0126 Larsen Bay — Karluk River 0127 Lewis Point — Naknek 0128 Lewis Landing — Dishkaket 0129 Lillywig Creek Winter Sled Road 0130 Lynx Creek Spur 0132 McCarthy — Green Butte 0135 McDougal — Peters Creek (Cache Creek) 0136 McGrath — Candle Creek 0137 McGrath — Takotna (Winter) 0138 Millard Trail 0139 McGrath — Telida 0140 Johnson Pass 0142 Gilmore Trail Branch — Smallwood Creek 0144 Mills Creek — Cache Creek 0145 Naknek — Egegik 0148 Nancy Lake — Susitna 0149 Nenana — Tanana (serum run) 0152 Nixon Fork — Nixon Mine 0153 Nizina — Bremner Sled Road 0155 Nizina — Chitina River 0156 Nome — Teller Coastal Trail 0158 Lillywig Creek Summer Pack Trail 0159 Nuka Bay 0160 Nulato — Dishkaket 0161 Batzulnetas — Nabesna River 0162 Ophir — Dishkaket 0164 Ophir — Iditarod 0165 Otter Creek Towpath 0167 Paimute — Marshall 0168 Penny River Trail 0170 Quinhagak — Goodnews Bay 0173 Rainy Pass — Big River 0174 Kiagna River Trail 0179 Skagway — Glacier 0186 Slana — Tanana Crossing 0188 Snowshoe — Beaver 0189 St. Michael — Kotlik 0190 Strelna — Kuskulana 0194 Dillingham — Lewis Point 0195 Susitna — McDougal 0198 Susitna — Rainy Pass 0199 Susitna — Tyonek 0200 Takotna — Flat (Winter, via Moore Creek) 0201 Takotna — Flat (Summer) 0202 Takotna — Nixon Fork (Winter) 0203 Takotna — Nixon Fork 0204 Takotna — Twin Peaks 0206 Taku River 0207 Bettles — Coldfoot 0209 Barnum — Slate Creek 0211 Teller — American River 0212 Teller — Cape Prince of Wales 0213 Teller — Pilgrim Hot Springs 0214 Togiak — Nushagak 0215 Topkok — Candle 0216 Unalakleet — St. Michael 0218 Upper Landing — Bear Creek 0220 Egegik — Cold Bay 0221 Vault Creek — Treasure Creek 0224 Woodchopper — Coal Creek 0226 Yentna — Mills Creek 0228 Yukon — Kuskokwim Portage 0229 Bielenberg Trail 0230 North Fork Chena River 0231 Swede Lake — Little Swede Lake — Denali Hwy 0232 Tok River Road 0233 Circle — Fairbanks Trail 0237 Candle — Independence Trail 0239 Kaiyuh Hills (Galena) 0245 Paxson — Slate Creek 0248 O’Connor Creek Trail 0251 Ahtell Creek Trail 0253 Wiseman — Chandalar 0254 Anvik — Kaltag 0255 Beaver Lake via Bryan Creek 0256 Beaver — Horse Creek — Chandalar Lake 0257 Dome Creek — Steel Creek 0258 Canyon Creek — Walkers Fork 0260 Caro — Big Creek 0261 Caro — Coldfoot 0262 Caro — Chandalar Mine 0263 Old Mail Trail (Nenana — Minto) 0264 Chisana — Horsfeld 0265 Sleetmute — Taylor Mountains 0266 McCord Bay Trail 0267 Ouzinki Trail 0268 Circle — Ft. Yukon 0270 Khayyam Mine Trail 0272 Monashka Mountain Trail 0274 Ewan Lake Seismic Trail 0275 Chisana — Big Eldorado Creek 0277 Young Bay Trail 0279 Chatanika — 12 Mile Summit (Winter) 0280 Island Bay — Salmon Creek Trail 0282 Franklin Steele Creek 0284 Fourth of July Creek Trail 0286 Ft. Gibbon — Kaltag Trail 0287 Lawrence Creek — Claybluff Point 0288 Tanana — Allakaket 0289 Goat Trail 0290 Telaquana Trail — Nondalton 0291 Gulkana — Denali (Winter) 0294 Gulkana — Valdez Creek (Summer) 0295 Dewey Lake Trail 0298 Kaltag — Topkok — Solomon — Nome Trail 0299 Windy Bay — Port Chatham Portage 0300 Liberty Cabin — Dome Creek 0302 Manley Hot Springs — Sullivan Creek 0303 Wilson Creek Trail 0304 McClaren River Trail 0305 Mentasta — Tetlin Trail 0307 Hughes — Mile 70 0308 Montana Creek Trail (Juneau quad) 0309 Portage Creek Trail 0311 Paimut Portage 0317 Paxson — Denali (Valdez Creek) 0318 Platinum Creek Trail 0319 Nabesna — Northway 0321 Salcha — Caribou Sled Road 0322 Scammon Bay — Hamilton — St. Michael (Winter) 0323 Nizina — Chisana (Skolai Pass) 0325 Goodnews — Arolik River 0326 Tanunak — Umkumiut 0327 Talkeetna — Iron Creek 0331 Togiak — Ungalikthluk 0332 Tanana Crossing — Grundler Trail 0333 Tuluksak — Kalskag 0335 Tanunak — Tooksook Bay 0336 Copper Mountain 0337 White River Trail 0338 Dahl Creek Tractor Trail #2 0339 Lignite — Stampede 0340 Roosevelt — Kantishna 0341 Roosevelt — Glacier 0342 Kobi-Kantishna 0343 Lignite — Kantishna 0344 Kobi — McGrath (via Nikolai and Big River) 0345 Nenana — Kantishna 0346 Spruce Creek Trail 0348 Nizina — Chisana (Glacier Trail) 0361 Tana River Trail 0363 Cape Yakataga — White River 0366 Portage Bay — Mt. Demian Oil Camp 0367 Haycock — Candle 0368 Nikolai Mine Trail 0372 Nabesna River — Canadian Border 0374 Paint River Trail 0375 Stephen, Murder and Daneka Lake Connector 0377 North Fork of Fortymile — Big Delta 0379 Moore Creek — Sleetmute 0380 Ruby Creek — Doherty Creek Trail 0381 Mt. Lazier Trail 0383 Kotzebue — Kiwalik (Winter Coast Trail) 0387 Merrill River — Stony River Trail 0388 Flat — Aniak 0389 Dahl Creek Tractor Trail #3 0390 Tanacross — Ketchumstuk 0391 Trail #52 — Black Mt 0392 Dahl Creek Tractor Trail #4 0393 Chignik Lagoon — Aniakchak River 0394 Iliamna — Pile Bay 0396 Fosters Camp — Grass Valley 0397 Orange Hill Trail 0400 Tasnuna Route 0404 King’s County Trail 0405 Johnson River — Kinak Trail 0406 Groundhog Basin 0408 Jack Wade — Steel Creek (Winter) 0409 Jack Wade — Steel Creek (Summer) 0410 Chandalar — Chandalar Mine Trail 0411 Slate Creek 0412 Eldorado Sled Road 0414 Dago Creek Road 0415 Caribou Lane (Back Road) 0419 Slate Creek — Johnson Creek 0420 Ketchumstuk — Chicken 0421 Ptarmigan Creek Trail 0423 Hanagita Trail 0425 Hicks Creek Trail (a/k/a Pinochle Creek) 0426 Chickaloon River Trail 0427 Styx River Trail 0428 Bear Creek — Saw Pit Creek 0430 Marvel Creek — Beaver Creek Trail 0431 Caribou Creek Trail 0433 Tolsona Lake Trail 0434 Windy Creek Tractor Trail #1 0436 Chistochina — Mankomen Lake Trail 0437 Nabesna — Chisana (Route 2) 0439 Mentasta — Slate Creek 0440 Healy Creek Trail 0444 Ft. Yukon — Birch Creek 0446 Wolverine Lake Trail 0447 Goodpastor River Trail 0449 Hickel Highway 0450 Golden Fleece Mine Trail 0451 Ungalik — Candle 0455 Unalakleet — Beeson Slough 0456 Beeson Slough — Second Creek (Winter) 0457 Norton Bay — Eschscholtz Bay 0458 Cosjacket — Kuskokwim Mountains 0460 Bonnifield Trail 0462 Nation River — Rampart House 0466 Central — Circle Pack Trail 0467 Hunter Creek — Livengood 0468 McWilliams — Gold Creek Trail 0469 Serpentine Hot Springs — Shishmaref 0470 Teller — Shishmaref (Winter) 0471 Teller — Shishmaref (Winter — Easterly route) 0472 Anikovik River — Potato Mountain 0473 Hetta Inlet — Jumbo Basin 0475 Circle — Chalkytsik — Yukon Border 0476 Ft. Yukon — Christian 0477 Ft. Yukon — Beaver 0478 Little Gerstle River — Sheep Creek 0480 Ear Mountain Spur 0481 Copper Creek Trail (McCarthy quad) 0483 Katmai — Savonoski 0490 Rex — Roosevelt 0491 Glacier — Kantishna via Caribou Creek 0492 Quigley Ridge Road 0493 Discovery — Prince Creek (Slate Creek) 0495 Iniskin Peninsula Road 0496 Prince Creek 0497 Michigan Creek Trail 0500 Stuyahok — Tuckers Slough 0504 Nilumat Creek — Towak Mountain 0505 Shageluk — Holikachuk Winter Trail 0506 Stuyahok — Cabin 0507 Holy Cross — Travis Cabins 0508 Mouth of Windy Creek — Landing Strip 0510 Long Creek — Mine on Bird Creek 0511 Willow Creek Trail (Talkeetna quad) 0512 Dutch Crk — Bear Crk — Peters Crk (Winter) 0513 Camp Crk Lndg — Collinsville — Black Crk 0514 Treasure Crk Lndg — Camp Crk Lndg Strip 0515 Black Creek Winter Trail 0516 Windy Creek Access Road 0517 May-Be-So Creek Trail 0519 Karta River Trail 0520 Sulzer Portage Trail 0521 Hadley — Kasaan Bay Trail 0526 Iniskin Bay — Oil Bay Trail 0529 Montana Loop Trail 0536 Otter — Swinging Dome Cabins — Reindeer Riv 0538 Otter Creek — Iditarod River 0539 Otter Creek Tramway — Moose Creek 0540 Willow Creek — Mine 0541 Little Creek Trail 0542 Murray Creek Trail 0543 Butte Creek — Chicken Creek Trail 0544 Return Creek — Crooked Creek 0545 Return Creek Landing — Crooked Creek Ruins 0546 Donlin Creek — Dome Creek — Crooked Creek via Omega 0547 Dome Creek — Anaconda — Bell Creek 0548 Anaconda — Snow Gulch 0549 Crooked Creek Cabin — American Creek 0550 Big Yetna River — Winter Ridge — Little Yetna 0551 Lake — Big Yetna River 0552 Big Creek — Takotna Roadway 0553 Return Creek — Haystack Butte — Flat — Crooked Creek 0554 First Chance Creek — Bonanza Creek Loop 0555 First Chance Creek across Glacier — Horsefly 0556 Dikeman — First Chance Creek Tr. 0557 Rampart House — Demarcation Point 0560 Willow Creek — Prince Creek 0562 Chickaloon — Knik — Nelchina 0564 Copper Center — Nelchina 0565 Green Monster Mine Trail 0566 Windham Bay Trail 0567 Chuck River Trail 0568 Sumdum Mines Trail 0569 Portage Pass Trail (Portage — Whittier) 0572 Resurrection Pass Trail 0579 Palmer Creek Lakes Trail 0580 Squaw Creek Trail 0589 Coldfoot — Junction Trail 49 (east route) 0591 Chilkoot Trail 0592 Perseverance Trail 0597 Sheep Creek Trail 0599 Lemon Creek Trail 0601 Nugget Creek Trail (Juneau quad) 0602 Spaulding Meadows Ski Circuit Trail 0603 Peterson Lake Trail 0604 Eagle River Trail 0606 Yankee Basin Trail 0607 One Mile Trail 0609 Highway — Gakona River Short-cut 0611 Bessie Mine Trail 0612 Hadjukovich — Horn Mountain Trail 0613 Colorado — Fox Creek 0614 Summit Creek Trail 0615 Pass Creek Trail (Seward quad) 0616 Windy Creek Tractor Trail #2 0617 Central — Deadwood Creek Trail 0618 Stetson Creek Trail 0619 Tanana — Rampart along Yukon River 0620 Bear Creek Trail (Hope) 0621 Fink Creek — Candle Trail 0623 Falls Creek Mine Trail 0626 Copper Center — Valdez 0633 Explorers Kenai River Trail 0634 Beeson Slough — Shaktoolik Roadhse — Ungalik 0635 Noorvik — Selawik 0639 Chena Lowlands Winter Trail Connections 0641 Gilmore Trail — Fairbanks Creek Connector Trail 0650 Moores Lake Trail 0680 Jarvis Creek Trail 0687 Lake George Trail 0688 Windy Creek Trails (Cantwell) 0707 Healy — Diamond Coal Mine Dirt Road 0709 Cripple Landing — Innoko River 0729 Cripple Landing — Rennie’s Landing 0730 Cripple Landing — North Fork Innoko River 0731 Gambell — Boxer Bay 0738 Cape Woolley — Teller 0740 Osborn/Buster Creek — Iron Creek Trail 0741 Tonsina Trail (Tonsina L — Richardson Hwy) 0746 Norton Bay — McKinley Creek 0747 Shaktoolik River — Junction Creek 0752 Koyuk — Bald Head Trail 0755 Lake Minchumina — Kuskokwim River 0758 Ketchumstuk Winter Trail 0789 Boundary — Lassen Landing Strip 0792 Trout Creek Trail 0803 Boulder Creek Trail 0810 Graveyard Creek — Cabins 0823 Alfred Creek Trail 0824 Thanksgiving Creek Trail 0836 Grant Creek — Moran Dome Trail 0837 Palisades Portage 0840 Elliot Creek Trail 0844 Ninemile Point — Choris Peninsula 0869 Killeak Lake Trail 0870 Shungnak River Trail 0873 Ross Creek and Jackson Lake — Twin Lakes 0879 Alexanders Village — Veh — Tenjerlow Lakes 0881 Middle Fork — Chandalar Trail 0890 Hammond River Trail 0899 Ninemile Hills — Midas Creek 0904 Gordon — U.S. Border Tractor Trail 0912 Nuvagapak Pt Landing Strip — Kogatpak River 0913 Poker (Pokok) Lagoon Southeast 0914 Tarnayariak River — Camden Bay 0916 Anderson Point East 1042 Bullen — Staines River 1043 Jack Wade Landing — Boundary 1065 Snettisham — Mines 1137 Treadwell Ditch 1169 Kanatak — Becharof Lake Road 1176 Dalton Trail 1225 Malaspina Glacier Trails 1232 Horsveldt — Canadian Border 1304 Nizina River — Dan Creek Road 1343 Sawmill Gulch Trail 1344 Long Lake — Chitina River 1345 Glacier Creek — Mines 1346 Harris Dome Trail 1348 Kennicott Mine Trails 1349 Kuskulana River — McDougall Creek cabins 1350 Nikolai Mine — Nizina River 1354 Kimball Pass Trail 1355 Hurtle Creek Trail (Squaw Creek Trail) 1365 Red Mountain Trail 1369 Klutina Boat Landing 1372 Willow Lake Trail 1373 Copper River Bluff Trail 1374 Hudson Lake Trail 1380 Slide Mountain Trail 1383 O’Brien Creek Trail 1392 Copper River — Kotsina Connections 1393 Tiekel River — Klutina River Trail 1395 Bence Mountain Loop Trail 1396 Tonsina River — Klutina River Trail 1397 Mt. Simpson Loop Trail 1398 Tonsina Trail (Richardson Hwy — Copper River) 1413 Chitina — Elliot Trail 1416 Eklutna Lake Spur 1419 Eska Strip Mine Trail 1420 Belanger Pass Trail 1426 Tahneta Pass Trail 1427 Startup Lakes Trail 1428 Lake Leila Trail 1429 Eureka — Nelchina — Barnette Trail 1431 Jackass Canyon Trail 1433 Gypsum Creek Mine Trail 1435 Index Lake Trail 1438 Muddy Creek Trail 1439 Matanuska River Trail 1441 Old Man Creek Trail 1456 Herning Trail 1467 Willow Creek — Flat Creek Trail 1475 Homestake Creek — Serpentine Hot Springs 1482 Sourdough Creek Trail 1491 Akulurak — Kotlik 1495 Radio Tower Trail 1510 Lake Louise Road to Ewan Lake 1511 Lake Louise Trail 1522 Crater Lake Access Trail 1533 Jerky (Gergle) Lake Trail 1534 Arizona Lake Trail 1537 Mae West Lake Trail 1539 Lost Cabin Lake Trail (Atlasta House) 1540 Indian Creek Trail 1554 Canyon Creek Trail 1555 Copper River Trail 1567 Pass Creek Trail (Nabesna quad) 1571 Lick Creek Spur 1584 Scotty Creek Lodge — High Cache 1586 Northway Airport — Jatahmund Lake 1588 Paradise Hill — Cabin 1589 Gardiner Creek Trail 1590 Deadman Lake Campground Trail 1591 Tanada Lodge — Copper Lake Drainage 1592 Fortymile Station — Eagle 1594 Dunbar — Minto — Tolovana 1595 Eldorado Creek Trail 1596 Chena Lakes Trail 1598 Crooked Creek Trail 1601 Macklin Creek — Washington Creek Trail 1603 Leech Cutoff 1607 Youngstown — Home Lake 1608 Richardson Hwy — Gerstle River 1609 Macklin Creek Spur 1617 Talkeetna River Trail 1620 Wales — Shishmaref Coastal Winter Trail 1623 Tamarack Spur 1639 Cripple — Cripple Mountain (Winter) 1640 Newhalen River Portage 1641 Boulder Trail 1643 U.S. Creek — Nome Creek Tr. off Steese Hwy 1647 Gordon — U.S. Border (coastal) 1648 Tamayariak River — Simpson Cove 1649 Goodnews — Barnum 1658 Redwood Creek Trail 1659 Tokun Lake Trail 1660 Shepherd Creek — Lake Charlotte Trail 1661 Carbon Creek — Kusktaka Lake Tr. 1662 Bering River — Fourth Lake Trail 1663 Katalla — Clear Creek Trail 1666 Mt. Drum Trail 1668 Strelna Creek — Rock Creek 1669 Pass Creek Trail (McCarthy — Valdez quads) 1670 Kluvesna Creek — Clear Creek Loop 1671 Young Creek Loop Trail 1672 Sourdough Hill — Nizina River 1673 Delta River Trail 1674 Buck Creek Trail 1675 Manker Creek Trail 1676 Quartz Creek Trail (Tonsina L — Tiekel R) 1677 Slatka Creek Trail 1684 Clear Creek Trail 1685 Porcupine Creek Trail (Kuskulana) 1686 Nugget Creek Trail (McCarthy quad) 1687 Berg Creek Trail (McCarthy quad) 1689 Herning Trail — Question Creek 1691 Sikonsina Pass 1693 Iron Creek — North Fork Kaskwitna River 1694 Roaring Creek Trail 1695 Dixie Pass Trail 1696 Copper Creek Trail (Valdez quad) 1697 East Fork Creek Trail 1698 Middle Fork Trail 1699 Nevada Creek Trail 1700 Nugget Creek — Porcupine Creek 1704 Walls Creek — Clear Creek 1705 Wet Gulch Trail 1710 Gustavus Rink Trail 1711 St. Anne Lake Trail 1712 Mitchell — McPherson Mine Trail 1713 Lake Minchumina — Kuskokwim Portage Trail 1714 Bartholf Creek 1715 Richardson Highway — Fish Lakes Trail 1717 Kobuk — Dahl Creek Trail 1718 Dahl Creek — Wesley Creek Trail 1720 Kashwitna River Trail 1721 Fielding Lake Trail, North Shore 1722 Fielding Lake Trail, South Shore 1723 Candle — Deering Trail 1737 Kotzebue — Nimiuk Point Trail 1738 California Creek Trail 1741 Kobuk River — California Creek Mine 1742 Kobuk — Dahl Creek Landing Field 1745 Old Man Lake Trail 1746 Tonsina Trail — Old Edgerton Hwy 1747 Tok Dog Mushers Trail 1759 Ophir Creek — Bear Creek Trail 1783 Burles Creek Trail 1784 Canoe Landing — Kushtaka Lake Tr. 1785 Bering R. — Kushtaka Glacier Tr. 1786 Trout Creek — Clear Creek Trail 1787 Stillwater Creek Spur Trail 1788 Canyon Creek — First Berg Lake 1789 Boulder Creek — Mill Creek Trail 1790 Bellum’s Crossing — Kotsina R. Tr. 1791 Redwood Bay — Strawberry Point 1792 Bellum’s Crossing — Taral 1794 Circle Hot Springs — Medicine Lake 1800 Willow Creek — Elliot Creek Trail 1804 Chitina River — Strelna Trail 1805 Sevenmile Lake Trail (Denali Highway) 1814 Hudson Camp Trail 1843 Hutlinana Hot Springs Trail 1845 Tetlin — Alaska Highway Trail 1852 Ladue River Trail 1854 Steele Creek — Border 1871 Manley Hot Springs — Sullivan Creek 1872 Dry Bay Trail 1873 Cottonwood Bay — Old Iliamna 1876 Bear Creek — Eagle Creek 1884 Little Minook Creek — Troublesome Creek 1885 Hodanza River Trail 1889 Mission Creek Trail 1891 The Government Route — Fortymile Station to Eagle Supply Route 1892 Canyon Creek — Hanagita River 1894 Bremner River Trail 1895 Chickaloon — Coal Creek 1896 Purgatory — Stevens Village 1897 Lost Creek Trail (Yukon Flats) 1898 Minook Creek — Pioneer Creek 1899.

Click to view

History. (§ 2 ch 26 SLA 1998)

Cross references. —

For the time limit and conditions relating to recording the rights-of-way identified in subsection (d) of this section by the Department of Natural Resources, see § 3, ch. 26, SLA 1998 in the 1998 Temporary and Special Acts.

Administrative Code. —

For identification, reservation, and modification of public easements, see 11 AAC 51, art. 2.

Sec. 19.30.410. Vacation of rights-of-way.

Notwithstanding another provision of law, the Department of Natural Resources, the Department of Transportation and Public Facilities, or another agency of the state may not vacate a right-of-way acquired by the state under former 43 U.S.C. 932 unless

1. a reasonably comparable, established alternate right-of-way or means of access exists that is sufficient to satisfy all present and reasonably foreseeable uses;
2. the right-of-way is within a municipality, the municipal assembly or council has requested the vacation, a reasonable alternative means of access is available, and the vacation is in the best interests of the state; or
3. the vacation is approved by the legislature.

History. (§ 2 ch 26 SLA 1998; am § 1 ch 94 SLA 1999)

Administrative Code. —

For identification, reservation, and modification of public easements, see 11 AAC 51, art. 2.

Sec. 19.30.420. Immunity from liability for damages; risk of use of right-of-way acquired under former 43 U.S.C. 932.

1. Notwithstanding AS 09.50.250 and AS 09.65.070 , the state and its political subdivisions are not liable for damages, injury, or death arising from AS 19.30.400 — 19.30.420 and the recording of any rights-of-way identified in AS 19.30.400 or acquired under former 43 U.S.C. 932.
2. A right-of-way identified under AS 19.30.400 or acquired under former 43 U.S.C. 932 that is not designated as part of the state highway system under AS 19.10.020 is traveled and used at the risk of the user. As to those rights-of-way and notwithstanding AS 09.50.250 and AS 09.65.070 , the state and a political subdivision of the state are not liable for damages, injury, or death
   1. arising from the use of the right-of-way;
   2. arising from the failure to inspect, mark, or maintain the right-of-way;
   3. occurring in the right-of-way; or
   4. associated with the right-of-way.

History. (§ 2 ch 26 SLA 1998)

Sec. 19.40.010. Declaration of policy.

1. The legislature finds and declares that there is an immediate need for a public highway from the Yukon River to the Arctic Ocean and that this public highway should be constructed by the State of Alaska at this time because
   1. it will assist in the fulfillment of art. VIII, Sec. 1, Constitution of the State of Alaska, in which it is provided that it is the policy of the state to encourage the settlement of its land and the development of its resources by making them available for maximum use consistent with the public interest;
   2. it will provide the first year-round, overland route from north of the Yukon River to the Arctic Ocean, and will consequently result in the completion of a highway from the Pacific Ocean to the Arctic Ocean;
   3. it is in conformity with the policy of 23 U.S.C. 101(b) (Federal-Aid Highway Act of 1956), in which it is declared to be in the national interest to accelerate the construction of certain highways which are of primary importance to the national defense;
   4. it will benefit local and interstate commerce because the area north of the Yukon River is rich in natural resources but is inaccessible at the present time because of the lack of roads and this inaccessibility prohibits the successful use of the natural resources of this area;
   5. it is consonant with art. VIII, Sec. 2, Constitution of the State of Alaska, in which it is provided that the legislature shall provide for the utilization, development, and conservation of all natural resources belonging to the state, including land and water, for the maximum benefit of its people, because the highway will benefit not only local and interstate commerce but will also augment the revenue of the state and result in conservation of natural resources, for example, by facilitating a system of wildland fire suppression.
2. It is the sense of the legislature that the construction of the highway will not impair the natural wilderness adjacent to the highway and will not unreasonably interfere with subsistence hunting, fishing, trapping, and gathering.
3. It is the intent of the legislature that the state shall be reimbursed for the cost plus interest of constructing the public highway from the Yukon River to the Arctic Ocean.
4. It is the intent of the legislature that employment of Alaska residents be encouraged and that the provisions of AS 36.10 be complied with.

History. (§ 1 ch 231 SLA 1970; am § 1 ch 22 SLA 2008)

Sec. 19.40.015. Highway named.

The highway is named the James Dalton Highway.

History. (§ 2 ch 10 SLA 1981)

Sec. 19.40.020. Contractual authority.

1. Subject to (b) of this section, the department may contract in accordance with AS 36.30 for the construction of a secondary highway from the Yukon River to the Arctic Ocean.  The provisions of AS 36.10 govern in employment practices on all work authorized by this chapter.
2. The authority granted under (a) of this section may not be exercised until the state enters into a contract with the participants in the Trans Alaska Pipeline System or other organization formed for the purpose of transporting oil by pipeline from the North Slope (that area of Alaska lying north of 68 degrees latitude).  The contract shall provide for reimbursement to the state by the participants, jointly and severally, in the Trans Alaska Pipeline System or other organization formed for the purpose of transporting oil by pipeline, of the full amount of the highway’s cost of construction plus interest on the state’s expenditures at the rate of seven and one-half percent per year. Complete reimbursement together with interest shall be made within five years from the date of the contract.  The state may, with the agreement of the participants, elect to construct an oil pipeline from the North Slope.  In that event, the provisions of this subsection requiring reimbursement do not apply.
3. The contract with the participants must include additional terms and conditions that are in the best interests of the state.  Any advance payments made under the contract shall be deposited in a special account which will be used for disbursements to the contractor charged with construction of the highway.  Disbursements to the contractor shall be made on order of the commissioner of transportation and public facilities on presentation of a proper voucher or the presentation of a voucher by an employee of the department authorized in writing to certify as to such payment.

History. (§ 1 ch 231 SLA 1970; am § 18 ch 106 SLA 1986)

Sec. 19.40.030. Undertakings of contractors.

The department, in place of the bonds or individual sureties required by AS 36.25.010 , may accept corporate undertakings that include the same essential provisions of the bonds or individual sureties required by AS 36.25.010 and that are satisfactory to the department.

History. (§ 1 ch 231 SLA 1970)

Sec. 19.40.040. Exemption.

The Alaska Net Income Tax Act and the Alaska Business License Act do not apply to any money received by the general contractor from the state under a highway construction contract authorized under this chapter if the money is to be paid to a subcontractor for work performed under the construction contract. The money received by the subcontractors is subject to the Alaska Net Income Tax Act, the Alaska Business License Act, and any other applicable state taxes.

History. (§ 1 ch 231 SLA 1970)

Sec. 19.40.050. Highway width.

In accordance with AS 19.10.015 , the width of this highway is designated as 200 feet.

History. (§ 1 ch 231 SLA 1970)

Sec. 19.40.060. Conditions to be met.

Construction authorized under AS 19.40.020 — 19.40.050 may not be undertaken until all of the following conditions are met:

1. certification by the commissioners of natural resources and fish and game that adequate precautions have been taken to protect and preserve the total ecology of the area traversed;
2. certification by the commissioner of transportation and public facilities that the road design and construction methods will cause minimal landscape defacement or environmental degradation by erosion or waste disposal;
3. certification by the commissioner of health and social services that adequate and reasonable precautions have been taken for the prevention of pollution during construction and subsequent public use;
4. all certifications, as well as the regulations, contract provisions, specifications, inspection procedures, and programs necessary to implement and accomplish AS 19.40.020 — 19.40.050 shall be filed with the governor’s office and published;
5. the governor has approved all certifications and supporting material submitted under (4) of this section as being in the best public interest, and has certified that the contract required by AS 19.40.020 has been executed.

History. (§ 1 ch 231 SLA 1970; am § 6 ch 104 SLA 1971)

Sec. 19.40.065. Regulations and penalties.

All departments and agencies of the state are given the specific authority to adopt under AS 44.62 (Administrative Procedure Act) emergency, temporary, and permanent regulations necessary to accomplish the purposes of AS 19.40.020 — 19.40.050 . The violation of any regulation adopted under AS 19.40.020 — 19.40.050 is a misdemeanor and upon conviction the person is punishable by a fine of not more than $10,000 for each offense.

History. (§ 1 ch 231 SLA 1970)

Administrative Code. —

For driveway and approach road permits, see 17 AAC 10, art. 2.

For utility permits, see 17 AAC 15, art. 1.

For utility standards and requirements, see 17 AAC 15, art. 2.

For utility relocation and installation, see 17 AAC 15, art. 3.

For railroads, see 17 AAC 15, art. 4.

Sec. 19.40.070. Conflict with other laws.

In the event of a conflict between this chapter and any other law of this state, the provisions of this chapter govern and supersede any such other law.

History. (§ 1 ch 231 SLA 1970)

Sec. 19.40.080. [Renumbered as AS 19.40.290.]

Renumbered as AS 19.40.290 .

Renumbered as AS 19.40.290 .

Sec. 19.40.100. Use of the highway by industrial or commercial traffic.

1. The department shall maintain the highway and keep it open to industrial or commercial traffic throughout the year.
2. In this section “industrial or commercial traffic” means
   1. travel necessary and related to resource exploration and development or to support of those activities, if the individual engaged in those activities has all necessary permits;
   2. travel necessary and related to access by local residents to their property; or
   3. motor carriers engaged in commerce.

History. (§ 3 ch 177 SLA 1980; am § 51 ch 59 SLA 1982; am § 10 ch 21 SLA 1985)

Revisor’s notes. —

In 2008, “In this section” was added at the beginning of subsection (b) to conform to the style of the Alaska Statutes.

Sec. 19.40.110. Public use of a portion of the highway.

The department shall maintain the section of the highway between the Yukon River and Dietrich Camp and shall keep that section of the highway open to use by the public between June 1 and September 1 each year.

History. (§ 4 ch 177 SLA 1980)

Revisor’s notes. —

Enacted as AS 19.40.120 . Renumbered in 1980.

Opinions of attorney general. —

This section should be interpreted as setting the maximum extent to which the Dalton Highway may be kept closed to public traffic by regulation, rather than the maximum that it may be opened; it is not an impediment to the department’s adopting regulations which would open the Dalton Highway to Dietrich Camp to year-round public traffic. September 2, 1983 Op. Att’y Gen.

Sec. 19.40.120. Closure of the highway to traffic.

The provisions of AS 19.10.100 apply to the closure of the highway by the department.

History. (§ 3 ch 177 SLA 1980)

Revisor’s notes. —

Enacted as AS 19.40.110 . Renumbered in 1980.

Sec. 19.40.200. Disposal of land or materials.

1. The state may not dispose of state land under AS 38 which is within five miles of the right-of-way of the highway.
2. The prohibition on disposal of state land under (a) of this section does not apply to a disposal
   1. to a licensed public utility or a licensed common carrier under AS 38.05.810(e) ;
   2. for the reauthorization of leases that were in effect on January 1, 1994, for nonresidential purposes within the following development nodes:
      1. Coldfoot:
      2. Yukon River Crossing:
   3. for nonresidential development within the following development nodes:
      1. Deadhorse:
      2. Coldfoot:
      3. Franklin Bluffs:
      4. Happy Valley:
      5. Yukon River Crossing:
   4. necessary for
      1. an oil and gas lease or gas only lease under AS 38.05.180 ;
      2. exploration, development, production, or transportation of oil and gas north of 68 degrees north latitude; or
      3. a state lease or materials sale for
         1. exploration, development, production, or transportation of oil or gas;
         2. reconstruction or maintenance of state highways; or
         3. construction or maintenance of airports.
3. Before the sale of materials under (b)(4)(C) of this section to a private entity or person or to a state agency the state shall give due consideration to the availability of materials from private sources in the area where the materials are needed.
4. Notwithstanding another provision of law, when the department determines and orders that a utility facility located across, along, over, under, or within the highway right-of-way must be changed, relocated, or removed, the licensed public utility owning or maintaining the facility shall change, relocate, or remove it in accordance with the order and is responsible for the cost of the change, relocation, or removal.
5. Notwithstanding (b) of this section, land described in (b) of this section is not available for disposal if it has been selected by a municipality to satisfy a general grant land entitlement under AS 29.65 unless the selection is disapproved by the state in a final decision.

Township 28 North, Range 12 West, Fairbanks Meridian

Sections 3 — 4

Sections 9 — 10

Sections 15 — 16

Sections 20 — 22

Township 12 North, Range 10 West, Fairbanks Meridian

Sections 6 — 7

Township 12 North, Range 11 West, Fairbanks Meridian

Sections 1 — 2

Section 12

Township 13 North, Range 10 West, Fairbanks Meridian

Sections 29 — 32

Township 13 North, Range 11 West, Fairbanks Meridian

Section 22

Sections 25 — 27

Sections 34 — 36

Township 10 North, Range 14 East, Umiat Meridian

Township 10 North, Range 15 East, Umiat Meridian

Section 8

Sections 17 — 20

Section 30

Township 28 North, Range 12 West, Fairbanks Meridian

Sections 3 — 4

Sections 9 — 10

Sections 15 — 16

Sections 20 — 22

Township 29 North, Range 12 West, Fairbanks Meridian

Sections 23 — 27

Sections 34 — 35

Township 4 North, Range 14 East, Umiat Meridian

Sections 3 — 4

Sections 9 — 10

Sections 15 — 16

Township 3 South, Range 14 East, Umiat Meridian

Sections 19 — 20

Sections 29 — 30

Township 12 North, Range 10 West, Fairbanks Meridian

Sections 6 — 7

Township 12 North, Range 11 West, Fairbanks Meridian

Sections 1 — 2

Section 12

Township 13 North, Range 10 West, Fairbanks Meridian

Sections 29 — 32

Township 13 North, Range 11 West, Fairbanks Meridian

Section 22

Section 25 — 27

Section 34 — 36; or

History. (§ 5 ch 177 SLA 1980; am § 1 ch 77 SLA 1985; am §§ 1, 2 ch 50 SLA 1994; am § 19 ch 23 SLA 1995; am §§ 1, 2 ch 72 SLA 1995; am § 3 ch 49 SLA 2004)

Revisor’s notes. —

By judgment dated March 19, 1981, in Alaska Legislative Council v. Hammond, case no. 4FA-80-1689, the superior court for the fourth judicial district upheld the validity of the enactment of ch. 177, SLA 1980.

In 1995, in (b)(3)(D) of this section, “Range 14” was substituted for “Range 15” to correct a manifest error in § 1, ch. 72, SLA 1995.

Legislative history reports. —

For governor’s letter returning SCS HB am S (H. failed eff. date) see 1980 House Journal, p. 2240, and 1980 Senate Journal, p. 1781.

For Senate letter of intent relating to (b)(3) of this section, see 1985 Senate Journal, page 264, which refers to identical language in an earlier version of the bill.

Sec. 19.40.210. Prohibition of off-road vehicles.

1. Off-road vehicles are prohibited on land within the highway corridor. However, this prohibition does not apply to
   1. off-road vehicles necessary for oil and gas exploration, development, production, or transportation;
   2. a person who holds a mining claim in the vicinity of the highway and who must use land in the highway corridor to gain access to the mining claim;
   3. the use of a snow machine to travel across the highway corridor from land outside the corridor to access land outside the other side of the corridor; this paragraph does not permit the use of a snow machine for any purpose within the corridor if the use begins or ends within the corridor or within the right-of-way of the highway or if the use is for travel within the corridor that is parallel to the right-of-way of the highway; or
   4. a person who must use land in the highway corridor to gain access to private property that
      1. is located outside the corridor; and
      2. has an established history of use as a homestead.
2. Nothing in this section authorizes a person to access the land of another person unlawfully.
3. In this section, “highway corridor” or “corridor” means land within five miles of the right-of-way of the highway.

History. (§ 5 ch 177 SLA 1980; am § 2 ch 77 SLA 1985; am § 1 ch 77 SLA 2000; am § 1, 2 ch 107 SLA 2018)

Revisor’s notes. —

Enacted as AS 19.40.200(b) . Renumbered in 1980.

Effect of amendments. —

The 2018 amendment, effective December 24, 2018, in (a), in the introductory language, substituted “within the highway corridor” for “within five miles of the right of way of the highway” at the end of the first sentence; in (a)(2), substituted “land in the highway corridor” for “land within five miles of the right of way of the highway” following “who must use”; deleted “in this paragraph, ‘highway corridor’ means land within five miles of the right-of-way of the highway” at the end of (a)(3); added (a)(4); added (b) and (c).

Opinions of attorney general. —

The term “land” is not defined in this section and must be presumed in this context to include both state and federal public land. September 14, 1981 Op. Att’y Gen.

Sec. 19.40.290. Definition.

In this chapter, “highway” means the secondary highway from the Yukon River to the Arctic Ocean.

History. (§ 1 ch 231 SLA 1970; am § 53 ch 30 SLA 1996)

Revisor’s notes. —

Formerly AS 19.40.080 . Renumbered in 1988.

Sec. 19.45.001. [Renumbered as AS 19.59.001.]

Sec. 19.45.002. [Renumbered as AS 19.59.002.]

Sec. 19.45.015. [Renumbered as AS 19.10.270.]

Sec. 19.59.001. Definitions.

In AS 19.05 — AS 19.59,

1. “commissioner” means the commissioner of transportation and public facilities;
2. “construction” or any derivation means construction, reconstruction, alteration, improvement, or major repair;
3. “controlled-access facility” means a highway especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have either no right or easement or only a controlled right or easement of access, light, air, or view;
4. “cost of change, relocation, or removal” means the entire cost incurred by the utility properly attributed to the change, relocation, or removal of a facility, less any costs for improvements or upgrading over and above the cost of a functionally equal facility; if a facility is to be relocated and replaced with new equipment, there shall also be subtracted from the entire cost any salvage value derived from the old facility;
5. “department” means the Department of Transportation and Public Facilities;
6. “encroachment” means and includes a tower, pole, pole line, pipe, pipeline, driveway, private road, fence, billboard, stand or building, or a structure or object of any kind which is or has been placed in, on, under, or over a portion of a highway or road;
7. “federal-aid primary, federal-aid secondary, and interstate system” include any highway which is a part of the federal-aid systems as provided in the Federal-Aid Highway Act of 1956, and any laws amending or supplementing it;
8. “highway” includes a highway (whether included in primary or secondary systems), road, street, trail, walk, bridge, tunnel, drainage structure and other similar or related structure or facility, and right-of-way thereof, and further includes a ferry system, whether operated solely inside the state or to connect with a Canadian highway, and any such related facility;
9. “maintenance” means the preservation of each type of highway, roadside structure, and facility as nearly as possible in its original condition as constructed, or as subsequently improved, and the operation of highway facilities and services to provide satisfactory and safe highways;
10. “municipality” means an incorporated city or political subdivision which has jurisdiction over highways in its incorporated area;
11. “utility” includes a corporation, company, individual, or association of individuals, or a lessee, trustee, or court-appointed receiver, that owns, operates, manages, or controls a line, plant, pipeline, or system for furnishing, producing, generating, transmitting, or distributing power, electricity, communications, telecommunications, water, gas, oil, petroleum products, coal or other mineral slurry, steam, heat, light, chemicals, air, sewage, drainage not connected with highway drainage, irrigation, or similar products including publicly owned fire and police signal systems and street lighting systems that directly or indirectly serve the public or a segment of the public; “utility” also includes a corporation, company, individual, or association of individuals, or a lessee, trustee, or court-appointed receiver that owns, operates, manages, or controls a system for furnishing transportation of goods or persons by means of a railway, tramway, cableway, conveyor, flume, canal, tunnel, pipeline, or a similar means;
12. “utility facility” includes poles, plants, lines, trenches, bridges, utilidors, tunnels, pipelines, and any other system for furnishing, producing, generating, transmitting, or distributing power, electricity, communications, telecommunications, water, gas, oil, petroleum products, coal or other mineral slurry, steam, heat, light, chemicals, air, sewage, drainage not connected with a highway drainage system, irrigation, or another substance; “utility facility” also includes a system for furnishing transportation of goods or persons by means of railway, tramway, cableway, conveyor, flume, canal, tunnel, pipeline, or a similar means.

History. (§ 2 ch 59 SLA 1949; am § 1 ch 86 SLA 1953; § 3 art I title I ch 152 SLA 1957; § 1 art V title II ch 152 SLA 1957; § 3 (14) art I title I ch 152 SLA 1957; am § 3 ch 124 SLA 1959; am § 1 ch 122 SLA 1960; added by § 2 ch 122 SLA 1960; § 1 ch 57 SLA 1961; am §§ 4, 5 ch 49 SLA 1963; am § 6 ch 233 SLA 1968; am § 29 ch 32 SLA 1971; am § 1 ch 64 SLA 1971; am §§ 1, 2 ch 106 SLA 1977; am §§ 5, 6 ch 142 SLA 1986; am § 61 ch 50 SLA 1989)

Revisor’s notes. —

Formerly AS 19.05.130 . Renumbered as AS 19.45.001 in 1981. Renumbered again in 2008.

Reorganized in 1986 to alphabetize the defined terms and in 2008 to reflect the 1989 repeal of former paragraph (7). In 2008, in the introductory language of this section, “AS 19.59” was substituted for “AS 19.40” to reflect the 2008 renumbering of this section. In 2008, there were no provisions in existence between AS 19.40 and AS 19.59, except AS 19.45, which was being renumbered.

Cross references. —

For the Federal-Aid Highway Act of 1956, see 23 U.S.C. § 101 et seq.

Sec. 19.59.002. Penalties for AS 19.05 — 19.25.

A person who violates a provision of AS 19.05 — AS 19.25, other than a provision of AS 19.25.080 — 19.25.180 , is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $10 nor more than $500, or by imprisonment in jail for a period not to exceed one year, or by both.

History. (§ 7 art VII title II ch 152 SLA 1957; am § 6 ch 10 SLA 1997)

Revisor’s notes. —

Formerly AS 19.05.140 . Renumbered as AS 19.45.002 in 1981. Renumbered again in 2008.

Secs. 19.60.010 — 19.60.070. [Renumbered as AS 19.65.030(a) — (g).]

Sec. 19.65.010. Duty station or port change for employees of the Alaska marine highway system. [Repealed, § 52 ch 59 SLA 1982.]

Sec. 19.65.011. Short-term and comprehensive long-range plans.

The Department of Transportation and Public Facilities, in consultation with the Alaska Marine Highway Operations Board, shall prepare a short-term plan and a comprehensive long-range plan for the development and improvement of the Alaska marine highway system and shall, in consultation with the Alaska Marine Highway Operations Board, revise and update the short-term plan annually and the comprehensive long-range plan at least every five years. The short-term plan must describe the means by which effective and efficient progress toward priorities and goals defined in the comprehensive long-range plan will be attained, must include recommendations for the state operating and capital budgets, and must include a description of skill or competency gaps in the membership of the Alaska Marine Highway Operations Board. The comprehensive long-range plan must include priorities and goals for the Alaska marine highway system and a proposed strategic maintenance and vessel replacement plan and may recommend performance measures, including output, efficiency, and effectiveness measures. The department shall submit both the short-term and the comprehensive long-range plans and revisions and updates of the plans to the legislature and the governor and make the plans available to the public.

History. (§ 1 ch 94 SLA 1992; am § 1 ch 62 SLA 2008; am § 2 ch 20 SLA 2021)

Effect of amendments. —

The 2021 amendment, effective October 11, 2021, rewrote the section, which read, “The Department of Transportation and Public Facilities, in consultation with the Alaska Marine Transportation Advisory Board, shall prepare a comprehensive long-range plan for the development and improvement of the Alaska marine highway system and shall, in consultation with the Alaska Marine Transportation Advisory Board, revise and update the plan at least every five years. The department shall submit the comprehensive long-range plan and revisions and updates of the plan to the legislature.”

Sec. 19.65.020. Naming of vessel or facility.

1. A vessel or facility of the Alaska marine highway system constructed or acquired by the Department of Transportation and Public Facilities under this chapter may be given a name only by law.
2. A maritime vessel shall bear the name of an Alaska glacier.
3. A vessel used principally on the inland waterways of the state shall bear the name of a historical vessel which used the rivers of the state.
4. The new maritime vessel to be delivered to the Alaska marine highway system in 1998 is named the Motor Vessel Kennicott.
5. The Motor Vessel Fairweather and the Motor Vessel Chenega are authorized names for state ferries first operating as part of the Alaska marine highway system on or after August 8, 2002. The commissioner of transportation and public facilities shall select between the names for the one most appropriate to the route served by the ferry and shall publicly announce the selection.
6. The Motor Vessel Lituya is the authorized name for the state ferry first operating as part of the Alaska marine highway system to serve between Metlakatla and Ketchikan on or after August 9, 2003.
7. The Motor Vessel Tazlina and the Motor Vessel Hubbard are authorized names for the state ferries first entering Alaska marine highway system service on or after 2017.

History. (§ 2 ch 4 SLA 1981; am § 1 ch 19 SLA 2002; am § 1 ch 154 SLA 2003; am § 1 ch 23 SLA 2017)

Revisor’s notes. —

In 1996, “this chapter” was substituted for “AS 19.60 — AS 19.65” to reflect the 1996 renumbering of AS 19.60.

Subsection (d) was enacted in 1997 as uncodified law in § 1, ch. 1, SLA 1997 and codified in 2002. Subsection (e) was enacted as AS 35.40.150 and renumbered in 2002.

Effect of amendments. —

The 2017 amendment, effective August 11, 2017, added (g).

Legislative history reports. —

For governor's transmittal letter for ch. 23, SLA 2017 (SB 33), which added subsection (g), see 2017 Senate Journal 70 — 71.

Sec. 19.65.025. Vessel design and construction. [Repealed, § 43 ch 128 SLA 1994.]

Sec. 19.65.030. Acquisition and maintenance of ferry terminal facilities.

1. The department shall construct, purchase, or lease ferry terminal facilities at locations it selects for the loading and unloading of passengers, and vehicles under their own power, on and off ferries. The department shall repair and maintain these facilities. Construction and purchasing under this subsection are governed by AS 36.30 (State Procurement Code).
2. The department may connect ferry terminal facilities with local highway systems.
3. The department may adopt regulations governing the use of ferry terminal facilities by the public that it considers necessary and proper in the public interest. The department may charge a fee for the use of ferry terminal facilities, whether the use is under a permit or otherwise, and whether it is by one or more individuals.
4. A person may construct a ferry terminal facility upon obtaining the approval of the department as to its location. A ferry terminal facility constructed by a person other than the department is subject to reasonable regulations governing its use that the department considers necessary and proper in the public interest.
5. A ferry terminal facility may not be constructed without the approval of the department.
6. A ferry terminal facility in existence and serving the public on January 1, 1959, is not affected by this section.
7. In this section
   1. “department” means the Department of Transportation and Public Facilities;
   2. “ferry” means a vessel used in the common carriage of passengers and self-propelled vehicles in intrastate commerce.

History. (§§ 2, 3 ch 189 SLA 1959; am § 19 ch 106 SLA 1986; am § 37 ch 36 SLA 1990)

Revisor’s notes. —

Subsections (a)-(g) were formerly AS 19.60.010 — 19.60.070, respectively. Renumbered in 1996, at which time “subsection” was substituted for “section” in subsection (a) and “section” was substituted for “chapter” in subsections (f) and (g).

Opinions of attorney general. —

Alaska may assert criminal jurisdiction over all persons traveling on state ferries within the territorial sea. Congress made an express grant of power to the state for marine jurisdiction. Thus, while Alaska’s jurisdiction over the territorial sea is not exclusive, but is concurrent with that of the United States, state enforcement officers may exercise their authority as long as the vessel is within the territorial sea, see 1964 Alas. Op. Att'y Gen. No. 5.

Sec. 19.65.035. Transportation of members of the Alaska organized militia.

To the extent that space is available, the commissioner of transportation and public facilities shall provide free transportation on vessels of the Alaska marine highway system for a member of the Alaska National Guard, the Alaska Naval Militia, or the Alaska State Defense Force who is en route to or from drill, training, or other official militia activities.

History. (§ 2 ch 25 SLA 2000)

Sec. 19.65.050. Legislative findings, purpose, and intent.

1. The legislature finds that
   1. the Alaska marine highway system is an essential part of the state transportation system, and that it warrants continued and predictable state support;
   2. many communities’ economies are dependent on a steady and stable marine highway system service level;
   3. the state’s tourism industry is greatly enhanced by a dependable marine highway transportation network; and
   4. efficient and prudent management of the system will benefit the state’s economy and foster economic development.
2. It is the purpose of AS 19.65.050 — 19.65.100 to
   1. enable the Alaska marine highway system to manage and operate in a manner that will enhance performance and accountability by allowing the system to account for and spend its generated revenue;
   2. provide the management tools necessary to efficiently operate the Alaska marine highway system;
   3. within constitutional constraints, provide for a predictable funding base for system operations; and
   4. provide for predictability and stability in the service level furnished to communities served by the system.
3. It is the intent of AS 19.65.050 — 19.65.100 to
   1. encourage prudent administration through cost management and accurate budgeting by managers of the Alaska marine highway system;
   2. increase revenue from the operation of the system consistent with the public interest, increase service consistent with sound fiscal policy, and assist the prudent management and operation of the system; and
   3. achieve stability in the level of service communities can anticipate through accurate planning and scheduling.

History. (§ 1 ch 193 SLA 1990)

Sec. 19.65.060. Alaska marine highway system fund.

1. There is created, as a special account in the general fund, the Alaska marine highway system fund, into which shall be deposited
   1. the gross revenue of the Alaska marine highway system;
   2. money that is appropriated to the Alaska marine highway system fund by the legislature in an amount that is consistent from year to year and is the amount necessary, after consideration of gross revenue, to provide stable services to the public consistent with the provisions of AS 19.65.050(b)(4) , which appropriations are not one-year appropriations and the balances of which do not lapse under AS 37.25.010 ; and
   3. any other money that is appropriated to the Alaska marine highway system fund by the legislature, which appropriations are not one-year appropriations and the balances of which do not lapse under AS 37.25.010 .
2. Nothing in this chapter exempts money deposited into the Alaska marine highway system fund from the requirements of AS 37.07 (Executive Budget Act) or dedicates that money for a specific purpose.

History. (§ 1 ch 193 SLA 1990)

Cross references. —

For vessel replacement fund, see AS 37.05.550 .

Sec. 19.65.070. Revenue accounting.

1. The Alaska marine highway system shall account for and remit to the Department of Revenue in accordance with AS 37.10.050 all gross revenue generated from the operation of the Alaska marine highway system during each annual operating cycle. The money shall then be deposited in the Alaska marine highway system fund.
2. The Alaska marine highway system shall prepare a written report, no later than the 10th day of each regular legislative session, regarding the previous annual operating cycle and notify the legislature that the report is available. The report must identify
   1. gross revenue generated during the previous annual operating cycle;
   2. gross revenue generated during the current annual operating cycle and an estimate of gross revenue for the remainder of the current annual operating cycle;
   3. projections of the gross revenue to be generated during the next annual operating cycle; and
   4. the difference between previous gross revenue estimates prepared under this section and the revenues actually generated.
3. The Department of Revenue shall prepare a written report, no later than the 10th legislative day of each regular legislative session, regarding the earnings on gross revenue of the Alaska marine highway system that was deposited into the Alaska marine highway system fund during the prior fiscal year and projected earnings on gross revenue of the Alaska marine highway system that is projected to be deposited into the Alaska marine highway system fund for the current fiscal year and the next fiscal year. The Department of Revenue shall notify the legislature that the report is available.

History. (§ 1 ch 193 SLA 1990; am § 1 ch 62 SLA 1992; am §§ 39, 40 ch 21 SLA 1995)

Sec. 19.65.080. Annual appropriation.

1. Commencing with appropriations for the fiscal year that begins July 1, 1991, on an annual basis and under AS 37.07 (Executive Budget Act), the legislature may appropriate amounts from the Alaska marine highway system fund to the Alaska marine highway system.
2. The Department of Transportation and Public Facilities may request the legislature to appropriate money from the Alaska marine highway system fund to the marine highway system for capital improvements, if
   1. the appropriation under (a) of this section has been made;
   2. the amount in the fund, without regard to the appropriation under (a) of this section, exceeds the total of gross revenue deposited in the fund and the general fund appropriations under AS 19.65.060(a)(2) by 10 percent; and
   3. the amount requested for appropriation under this subsection does not exceed 50 percent of the balance remaining after the appropriation for annual management and operations is made under (a) of this section.
3. The unexpended and unobligated balance of money appropriated from the Alaska marine highway system fund lapses into the Alaska marine highway system fund at the end of the fiscal year for which it was appropriated.

History. (§ 1 ch 193 SLA 1990)

Sec. 19.65.100. Definitions.

In AS 19.65.050 — 19.65.100 ,

1. “annual operating cycle” means the annual state fiscal year beginning on July 1 and ending at midnight on the following June 30;
2. “gross revenue” means all money, except money refunded to ticket holders and others for unused services, that is generated from the operation of the Alaska marine highway system, including that derived from vessel operations and uses of Alaska marine highway system facilities.

History. (§ 1 ch 193 SLA 1990)

Sec. 19.65.110. Alaska Marine Highway Operations Board.

There is established in the Department of Transportation and Public Facilities the Alaska Marine Highway Operations Board.

History. (§ 2 ch 62 SLA 2008; am § 3 ch 20 SLA 2021)

Effect of amendments. —

The 2021 amendment, effective October 11, 2021, substituted “Alaska Marine Highway Operations Board” for “Alaska Marine Transportation Advisory Board” at the end.

Sec. 19.65.120. Board composition.

1. The board is composed of the deputy commissioner of transportation and public facilities assigned to the Alaska marine highway system and the following eight public members, each of whom must be a resident of the state:
   1. one representative, who may be retired, of a recognized union that represents employees of the Alaska marine highway system, appointed by the governor;
   2. one representative of an Alaska Native organization or tribe who is from a community served by the Alaska marine highway system, appointed by the governor;
   3. six public members
      1. who collectively have experience in enterprise, architecture, business operations, financial management, risk management, logistics, supply chain management, engineering, project management and controls, marine operations, strategy, regulatory compliance, ship maintenance, construction, and repair, quality management, continuous improvement, sales, marketing, communications, customer interface, or experience management;
      2. two of whom are appointed by the governor, two of whom are appointed by the speaker of the house of representatives and who serve at the pleasure of the speaker of the house of representatives, and two of whom are appointed by the president of the senate and who serve at the pleasure of the president of the senate.
2. [Repealed, § 11 ch 20 SLA 2021.]
3. The members of the board, except for the deputy commissioner of transportation and public facilities, shall serve staggered six-year terms. If a vacancy arises on the board, the governor, the president of the senate, or the speaker of the house of representatives, as applicable, shall, within 30 days after the vacancy arises, appoint a person to serve the balance of the unexpired term. A person appointed to fill the balance of an unexpired term shall serve on the board from the date of appointment until the expiration of the term.
4. A majority of the membership of the board may remove a member, except for the deputy commissioner of transportation and public facilities, if that member misses more than two meetings in a calendar year and has not been previously excused.

History. (§ 2 ch 62 SLA 2008; am § 1 ch 40 SLA 2013; am §§ 4 — 6, 11 ch 20 SLA 2021)

Cross references. —

For transitional provision applicable to the appointment of the initial members of the advisory board established by this section, see § 3, ch. 62, SLA 2008, in the 2008 Temporary and Special Acts.

For transitional provision applicable to the expiration of the terms of members of the Alaska Marine Transportation Advisory Board and appointment of the initial members of the Alaska Marine Highway Operations Board, see § 12, ch. 20, SLA 2021, in the 2021 Temporary and Special Acts.

Effect of amendments. —

The 2013 amendment, effective September 1, 2013, in the introductory language of (a), substituted “12 members” for “11 members”; in (a)(1)(A), inserted “Gustavus,” following “Juneau,”; in (a)(1)(e), deleted “Homer,” following “False Pass,”, “Kodiak, Port Lions,” following “King Cove,”, and “Seldovia,” following “Sand Point,”; added (a)(1)(F); in (a)(2), substituted “one marine captain or marine engineer with 20 or more years of experience” for “one retired marine captain or marine engineer”; made related changes.

The 2021 amendment, effective October 11, 2021, rewrote (a); repealed (b); in (c), in the first sentence, inserted “, except for the deputy commissioner of transportation and public facilities,” following “The members of the board”, and substituted “six year terms” for “three year terms”, in the second sentence, inserted “, the president of the senate, or the speaker of the house of representatives, as applicable,” following “the governor”; in (d), deleted “Board members serve at the pleasure of the governor, in addition,” at the beginning, inserted “, except for the deputy commissioner of transportation and public facilities,” following “a member” and made a related change.

Sec. 19.65.130. Officers and quorum.

The members of the board shall select a chair and a vice-chair from among the members of the board each year. The vice-chair presides over meetings in the absence of the chair. A majority of the members of the board constitutes a quorum. A vacancy in the board does not impair the right of a quorum to exercise all the powers and perform all the duties of the board.

History. (§ 2 ch 62 SLA 2008)

Sec. 19.65.140. Meetings.

The board shall meet at least four times each year. Meetings may be called by the chair or by a majority of the members of the board. At least one meeting each year must be attended by the board members in person, but all other meetings may be conducted by teleconference. All meetings are open to the public unless an executive session is called based on the criteria in AS 44.62.310(b) .

History. (§ 2 ch 62 SLA 2008)

Sec. 19.65.150. Per diem and expenses.

Members of the board do not receive a salary, but are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180 .

History. (§ 2 ch 62 SLA 2008)

Sec. 19.65.160. Records.

Records of the board are subject to inspection and copying under AS 40.25.110 .

History. (§ 2 ch 62 SLA 2008)

Sec. 19.65.170. Legal assistance.

The Department of Law shall provide all legal services for the board.

History. (§ 2 ch 62 SLA 2008)

Sec. 19.65.180. Powers, duties, and functions.

1. After the commissioner of transportation and public facilities has considered one or more candidates for the position of director or deputy commissioner of the Alaska marine highway system, the commissioner shall confer with the board regarding that candidate or those candidates before making an appointment to that position. The selection of those candidates shall be without regard to political affiliation.
2. The board may establish volunteer regional advisory committees. The purpose of the advisory committees is to provide recommendations to the board regarding concerns from the region of the members who constitute the advisory committee.
3. The board may issue reports and recommendations and shall, in cooperation with the Department of Transportation and Public Facilities, prepare and submit to the department and the governor for review a strategic plan that includes the mission, core values, objectives, initiatives, and performance goals of the Alaska marine highway system.
4. The board may receive information from the department as the board considers necessary to carry out its duties, and the department shall provide information requested by the board in a timely and responsive manner.
5. The board shall provide advice and recommendations to the commissioner of transportation and public facilities concerning the operation and management of the Alaska marine highway system, including advice and recommendations regarding business to enhance revenue and reduce costs, personnel management, commercial service options, ship maintenance, construction, and repair, fleet strategy, reliability, and regulatory compliance, and other service objectives.
6. If the board determines that the Alaska marine highway system has deviated from a plan, policy, or procedure described in the short-term plan or comprehensive long-range plan prepared under AS 19.65.011 , the board may prepare a report recommending corrective action. The board shall submit an electronic report prepared under this subsection to the legislature and the governor and shall make the report available to the public.
7. The board may establish a task force that includes members who are not members of the board and that is tasked with investigating matters relevant to the Alaska marine highway system and reporting to the board. Members of a task force established under this subsection are not entitled to receive a salary, per diem, or travel expenses.
8. The board shall annually submit recommendations to the Department of Transportation and Public Facilities regarding the preparation of the statewide transportation improvement program.

History. (§ 2 ch 62 SLA 2008; am §§ 7, 8 ch 20 SLA 2021)

Effect of amendments. —

The 2021 amendment, effective October 11, 2021, in (d), added “, and the department shall provide information requested by the board in a timely and responsive manner” at the end; added (e) – (h).

Sec. 19.65.190. Staff.

The department shall provide staff for the board.

History. (§ 2 ch 62 SLA 2008)

Sec. 19.65.195. Definition.

In AS 19.65.110 — 19.65.195 , “board” means the Alaska Marine Highway Operations Board.

History. (§ 2 ch 62 SLA 2008; am § 9 ch 20 SLA 2021)

Effect of amendments. —

The 2021 amendment, effective October 11, 2021, substituted “Alaska Marine Highway Operations Board” for “Alaska Marine Transportation Advisory Board” at the end.

Sec. 19.75.011. Purpose.

The purpose of the authority created by this chapter is to develop, stimulate, and advance the economic welfare of the state and further the development of public transportation systems in the vicinity of the Upper Cook Inlet with operation and management of a bridge to span Knik Arm and connect the Municipality of Anchorage and the Matanuska-Susitna Borough.

History. (§ 1 ch 77 SLA 2003; am § 2 ch 51 SLA 2014)

Revisor’s notes. —

Enacted as AS 44.90.011. Renumbered in 2003.

Effect of amendments. —

The 2014 amendment, effective July 1, 2014, substituted “operation and management of a bridge” for “construction of a bridge”.

Sec. 19.75.021. Establishment of authority.

1. There is established the Knik Arm Bridge and Toll Authority. The authority is a public corporation and an instrumentality of the state within the Department of Transportation and Public Facilities, but the authority has a separate and independent legal existence from the state. The exercise by the authority of the powers in this chapter is considered an essential governmental function of the state.
2. The authority may not be terminated as long as it has notes or other obligations outstanding, including obligations under an agreement with the state as provided in AS 37.15.225 . Upon termination of the authority, its rights and property pass to the state.

History. (§ 1 ch 77 SLA 2003; am § 3 ch 51 SLA 2014)

Revisor’s notes. —

Enacted as AS 44.90.021. Renumbered in 2003.

Effect of amendments. —

The 2014 amendment, effective July 1, 2014, in (b), rewrote the first sentence, which read, “The authority may not be terminated as long as it has bonds, notes, or other obligations outstanding.”

Sec. 19.75.031. Board of directors of authority.

1. The authority shall be governed by a board of directors consisting of the following:
   1. the commissioner of transportation and public facilities or the commissioner’s designee;
   2. the commissioner of revenue or the commissioner’s designee;
   3. one public member, appointed by the governor, who is a state resident and United States citizen;
   4. one public member, appointed by the governor, who is a resident of the Municipality of Anchorage and who has knowledge of local transportation issues;
   5. one public member, appointed by the governor, who is a resident of the Matanuska-Susitna Borough and who has knowledge of local transportation issues;
   6. one nonvoting member who is a member of the state house of representatives appointed by the speaker of the house and who serves at the pleasure of the speaker of the house; the speaker of the house shall consider the appointment of a legislator elected from a house district that lies entirely or partially within the Municipality of Anchorage or the Matanuska-Susitna Borough for appointment under this paragraph; and
   7. one nonvoting member who is a member of the state senate appointed by the president of the senate and who serves at the pleasure of the president of the senate; the president of the senate shall consider the appointment of a senator elected from a senate district that lies entirely or partially within the Municipality of Anchorage or the Matanuska-Susitna Borough for appointment under this paragraph.
2. The public members of the board shall serve for staggered terms of five years and may be reappointed to a single successive five-year term. A public member may only be removed for cause.
3. If a vacancy occurs in a public member’s seat on the board, the governor shall make an appointment, effective immediately, for the unexpired portion of that member’s term.

History. (§ 1 ch 77 SLA 2003)

Revisor’s notes. —

Enacted as AS 44.90.031. Renumbered in 2003.

Sec. 19.75.041. Operation of authority.

1. The powers of the authority are vested in the board.
2. Three voting members of the board constitute a quorum.
3. The governor shall designate one member of the board to serve as the chair of the board. The voting members of the board shall elect other officers they determine desirable.
4. Action may be taken and motions and resolutions adopted by the board at a meeting by the affirmative vote of at least three voting members.
5. The public members of the board shall receive a stipend of $300 a day while performing business of the authority.
6. The members of the board serving under AS 19.75.031(a)(1) , (2), (6), and (7) serve without compensation but are entitled to per diem and travel expenses authorized by law under AS 39.20.180 .

History. (§ 1 ch 77 SLA 2003)

Revisor’s notes. —

Enacted as AS 44.90.041. Renumbered in 2003, at which time “AS 19.75.031(a)(1) , (2), (6), and (7)” was substituted for “AS 44.90.031 (a)(1), (2), (6), and (7)” to reflect the 2003 renumbering of AS 44.90.031.

Sec. 19.75.051. Executive director.

The authority shall employ an executive director who may not be a member of the board. The executive director shall serve at the pleasure of the board. The board shall establish the duties and compensation of the executive director.

History. (§ 1 ch 77 SLA 2003)

Revisor’s notes. —

Enacted as AS 44.90.051. Renumbered in 2003.

Sec. 19.75.061. Employment of personnel.

The executive director may hire employees of the authority. The board shall prescribe the duties and compensation of authority employees.

History. (§ 1 ch 77 SLA 2003)

Revisor’s notes. —

Enacted as AS 44.90.061. Renumbered in 2003.

Sec. 19.75.071. Personnel exempt from State Personnel Act.

The executive director and employees of the authority are in the exempt service under AS 39.25 (State Personnel Act).

History. (§ 1 ch 77 SLA 2003)

Revisor’s notes. —

Enacted as AS 44.90.071. Renumbered in 2003.

Sec. 19.75.076. Application of the Executive Budget Act.

The operating budget of the authority is subject to AS 37.07 (Executive Budget Act).

History. (§ 4 ch 51 SLA 2014)

Effective dates. —

Section 15, ch. 51, SLA 2014 makes this section effective July 1, 2014.

Sec. 19.75.081. Legal advisor.

The attorney general is the legal counsel for the authority. The attorney general shall advise the authority in legal matters and represent it in suits.

History. (§ 1 ch 77 SLA 2003)

Revisor’s notes. —

Enacted as AS 44.90.081. Renumbered in 2003.

Sec. 19.75.111. Powers and duties of the authority.

1. In furtherance of its purposes, the authority may
   1. operate the Knik Arm bridge and its appurtenant facilities;
   2. sue and be sued;
   3. adopt a seal;
   4. adopt, amend, and repeal regulations under AS 44.62 and establish bylaws;
   5. make and execute agreements, contracts, and all other instruments with any public or private person, the state or another governmental unit or agency, corporation, or other business entity lawfully conducting business in the United States for the exercise of its powers and functions under this chapter and for the operation of facilities, properties, or projects of the authority, including making and executing contracts with any person, firm, corporation, the state or another governmental agency, or other entity;
   6. in its own name acquire, lease, rent, sell, or convey real and personal property;
   7. apply for and accept gifts, grants, or loans from a federal agency or an agency or instrumentality of the state, or from a municipality, private organization, or other source, including obtaining title to state, local government, or privately owned land, directly or through a department of the state having jurisdiction of the land;
   8. collect fees, rents, tolls, rates, or other charges for the use of the Knik Arm bridge and appurtenant facilities;
   9. bring civil actions, refer criminal actions to the appropriate authority, and take other actions or enter into agreements with law enforcement and collection agencies to enforce the collection of its fees, rents, tolls, rates, other charges, penalties, and other obligations;
   10. pledge, encumber, transfer, or otherwise obligate revenue derived by the authority from the ownership, use, or operation of toll facilities, including fees, rents, tolls, rates, charges, or other revenue of the authority or money that the legislature may appropriate, except a state tax or license, as security for indebtedness or agreements of the authority or for bonds or other indebtedness or agreements of the state on a senior, parity, or subordinate lien basis;
   11. deposit or invest its funds;
   12. procure insurance against any loss in connection with its operation;
   13. contract for and engage the services of consultants, experts, and financial and technical advisors that the authority considers necessary for the exercise of its powers and functions under this chapter;
   14. confer with municipal and other governments, metropolitan planning organizations, and the department, concerning the Knik Arm bridge;
   15. do all acts and things necessary to carry out the powers expressly granted in this chapter.
2. The authority shall
   1. prepare an annual report of its operations to include a balance sheet, an income statement, a statement of changes in financial position, a reconciliation of changes in equity accounts, a summary of significant accounting principles, an auditor’s report, comments regarding the year’s business, and prospects for the next year; the report shall be completed by the third day of each regular session of the legislature, and the authority shall notify the governor, the commissioner of the department, the presiding officers of each house of the legislature, and the Legislative Budget and Audit Committee that the report is available;
   2. comply with the provisions of AS 37.07 (Executive Budget Act), except that AS 37.07 does not apply to the activities of the authority that relate to the authority’s borrowing of money as provided in this chapter;
   3. establish a personnel management system for hiring employees and setting employee-benefit packages;
   4. establish procedures, rules, and rates governing per diem and travel expenses of the employees of the authority in substantial conformity to statutes, procedures, rules, and rates applicable to state employees of similar state entities;
   5. coordinate the exercise of its power to operate the Knik Arm bridge with the department, and with the mayors of the Municipality of Anchorage and the Matanuska-Susitna Borough.

History. (§ 1 ch 77 SLA 2003; am § 1 ch 60 SLA 2006; am §§ 5, 6 ch 51 SLA 2014)

Revisor’s notes. —

Enacted as AS 44.90.111. Renumbered in 2003.

Effect of amendments. —

The 2014 amendment, effective July 1, 2014, in the introductory language in (a), deleted “Except as otherwise explicitly made applicable to the authority, the performance of the authority’s duties and the exercise of its powers, including its powers to issue bonds and otherwise incur debt, shall be governed exclusively by this chapter.”, in the introductory language in (a)(1), deleted “Own, acquire, construct, develop, create, reconstruct, equip,” at the beginning, and “, maintain extend, and improve” preceding “the Knik Arm bridge”, in the introductory language in (a)(5), inserted “the state or another” twice and deleted “financing, design, construction, maintenance, improvement, or” following “under this chapter and for the” and “for the purpose of” at the end and deleted (a)(5)(A) and (B), which related to incurring indebtedness, investments, partnerships and contracts, deleted (a)(7) and (8), which related to issuing and refunding bonds and incurring other indebtedness, in (a)(10, deleted “fix and” at the beginning, and “, or for a service developed, operated, or provided by the authority; notwithstanding AS 37 10.050(a), fees, rents, tolls, rates, and other charges fixed and collected under this paragraph may exceed the actual operating cost of the use of the bridge, facility, or service” following “appurtenant facilities”, at the end of (a)(10), added “or for bonds or other indebtedness or agreements of the state on a senior, parity, or subordinate lien basis”, at the end of (a)(11) deleted “, subject to agreements with bondholders”, deleted (a)(16) — (18), related to permits, licenses, and approvals, reconnaissance studies and surveys, exercise of eminent domain, and in (a)(15) deleted “or necessarily implied” following “expressly granted” and “, nothing in this chapter limits the powers of the authority that are expressly granted or necessarily implied” at the end; in (b), in (b)(2), deleted “, including the issuing of its obligations or evidence of that borrowing and the repayment of the debt obligation” at the end, in (b)(5), substituted “its power to operate the Knik Arm bridge” for “its powers to plan, design, construct, operate, and maintain the Knik Arm bridge”, deleted (b)(6), which related to determining fees, rents, tolls, rates and other charges.

Sec. 19.75.113. Assets, funds, and revenue of the authority.

1. The Department of Revenue shall separately account for all funds, assets, and revenue of the authority.
2. The deposit or investment of money in the authority’s funds may be made as the board determines. The interest earned on or profits derived from the deposit, investment, or sale of an investment by the authority are funds of the authority.

History. (§ 2 ch 60 SLA 2006)

Secs. 19.75.211 — 19.75.251. Bonds of the authority; trust indentures and trust agreements; funds and reserves; validity of pledge; nonliability on bonds; pledge of the state. [Repealed, § 13 ch 51 SLA 2014.]

Sec. 19.75.261. Exemption from taxation.

The real and personal property of the authority and its assets, income, and receipts are declared to be the property of a political subdivision of the state and are exempt from all taxes and special assessments of the state or a political subdivision of the state. Nothing in this section affects or limits an exemption from license fees, property taxes, or excise, income, or other taxes provided under any other law, nor does it create a tax exemption with respect to the interest of any business enterprise or other person, other than the authority, in any property, assets, income, receipts, project, or lease, regardless of whether financed under this chapter.

History. (§ 1 ch 77 SLA 2003; am § 7 ch 51 SLA 2014)

Revisor’s notes. —

Enacted as AS 44.90.261. Renumbered in 2003.

Effect of amendments. —

The 2014 amendment, effective July 1, 2014, deleted the second and third sentences, which read, “All bonds of the authority are declared to be issued by a political subdivision of the state and for an essential public and governmental purpose. The bonds, the interest on the bonds, the income from the bonds and the transfer of the bonds, and all assets, income, and receipts pledged to pay or secure the payment of the bonds or interest on the bonds, are, at all times, exempt from taxation by or under the authority of the state, except for inheritance and estate taxes and taxes on transfers by or in contemplation of death.”

Sec. 19.75.271. Bonds legal investments for fiduciaries. [Repealed, § 13 ch 51 SLA 2014.]

Sec. 19.75.281. Audit.

The legislative auditor annually shall audit, or cause to have audited, the financial records of the authority. The legislative auditor may prescribe the form and content of the financial records of the authority and shall have access to these records at any reasonable time.

History. (§ 1 ch 77 SLA 2003)

Revisor’s notes. —

Enacted as AS 44.90.281. Renumbered in 2003.

Sec. 19.75.291. State appropriations for Knik Arm bridge and appurtenant facilities not affected.

This chapter does not prevent the state from making appropriations for or in aid of the operation of the Knik Arm bridge and its appurtenant facilities.

History. (§ 1 ch 77 SLA 2003; am § 8 ch 51 SLA 2014)

Revisor’s notes. —

Enacted as AS 44.90.291. Renumbered in 2003.

Effect of amendments. —

The 2014 amendment, effective July 1, 2014, deleted “acquisition, design, construction, or” following “in aid of the”.

Sec. 19.75.301. Insurance.

The authority shall keep in force public liability insurance in an amount reasonably calculated to cover potential claims for bodily injury, death or disability, and property damage that may arise from or be related to its operation and activities, naming the state as an additional insured.

History. (§ 1 ch 77 SLA 2003)

Revisor’s notes. —

Enacted as AS 44.90.301. Renumbered in 2003.

Sec. 19.75.311. Safeguarding of money.

The authority shall maximize revenue from and deposit all money in depositories acceptable to the commissioner of revenue and otherwise safeguard the money under instructions as the commissioner of revenue may from time to time issue.

History. (§ 1 ch 77 SLA 2003)

Revisor’s notes. —

Enacted as AS 44.90.311. Renumbered in 2003.

Sec. 19.75.321. Fidelity bond.

The authority shall obtain a fidelity bond in an amount determined by the board, for the members of the board and any official responsible for authority accounts and finances. A bond must be in effect for the tenure of the bonded person.

History. (§ 1 ch 77 SLA 2003)

Revisor’s notes. —

Enacted as AS 44.90.321. Renumbered in 2003.

Secs. 19.75.330 — 19.75. 340. Bond terms; bond resolution; enforcement by holder; bond negotiability; refunding; bonds as legal investments. [Repealed, § 13 ch 51 SLA 2014.]

Sec. 19.75.360. Transfer of Knik Arm bridge.

If the department constructs the Knik Arm bridge and appurtenant facilities, the department shall transfer control of the bridge and appurtenant facilities to the authority, and the authority shall operate the bridge and appurtenant facilities. After the transfer of control, the department retains ownership of the bridge, appurtenant facilities, and real property, and retains the power to reconstruct, equip, extend, maintain, or improve the bridge and appurtenant facilities.

History. (§ 9 ch 51 SLA 2014)

Effective dates. —

Section 15, ch. 51, SLA 2014 makes this section effective July 1, 2014.

Sec. 19.75.911. Exemption from local regulation.

Notwithstanding any contrary provision of law, the activities of the authority are exempt from land use planning, zoning, permitting, or other similar governmental powers of political subdivisions of the state.

History. (§ 1 ch 77 SLA 2003)

Revisor’s notes. —

Enacted as AS 44.90.911. Renumbered in 2003.

Sec. 19.75.915. Liability for payment of tolls and other charges.

The owner of a vehicle using a bridge or facility managed by the authority for which a toll, fee, rate, or other charge is imposed is liable for the payment of the toll, fee, rate, or other charge solely because of the vehicle ownership, unless the vehicle, except a rental vehicle, is used without the owner’s knowledge and incurs the toll, fee, rate, or other charge during operation.

History. (§ 9 ch 60 SLA 2006; am § 10 ch 51 SLA 2014)

Effect of amendments. —

The 2014 amendment, effective July 1, 2014, substituted “vehicle using a bridge or facility” for “vehicle using a facility owned, controlled, or”, and three times inserted “, rate, or other charge” following “fee”, made related changes.

Sec. 19.75.920. Statutory construction. [Repealed, § 13 ch 51 SLA 2014.]

Sec. 19.75.980. Definitions.

In this chapter, except as otherwise provided and unless the context requires otherwise,

1. “authority” means the Knik Arm Bridge and Toll Authority;
2. “board” means the board of directors of the authority;
3. “department” means the Department of Transportation and Public Facilities;
4. [Repealed, § 22 ch 61 SLA 2015.]

History. (§ 1 ch 77 SLA 2003; am § 10 ch 60 SLA 2006; am § 61 ch 22 SLA 2015)

Revisor’s notes. —

Enacted as AS 44.90.980. Renumbered in 2003.

Effect of amendments. —

The 2015 amendment, effective May 15, 2015, repealed (4).

Sec. 19.75.990. Short title.

This chapter may be cited as the Knik Arm Bridge and Toll Authority Act.

History. (§ 1 ch 77 SLA 2003)

Revisor’s notes. —

Enacted as AS 44.90.990. Renumbered in 2003.