Alaska Administrative Code

(a) Each seller who collects a fee imposed in AS 43.98.025 shall maintain records of inventories to account for (1) tire inventories on the first day of each month; (2) tire inventories on the last day of each month; (3) tires purchased, produced, or otherwise received in each mo…

In this chapter, the seller is subject to AS 43.05 and AS 43.10 with respect to the fee imposed in AS 43.98.025. Notes 15 AAC 98.100 Eff. 4/16/2004, Register 170 Authority:AS 43.05.080 AS 43.98.025

In AS 43.98.025 and this chapter, (1) "calendar quarter" means the period of three months of the calendar year, each beginning January 1, April 1, July 1, and October 1; (2) "department" means the Department of Revenue; (3) "person" means an individual, firm, partnership, joint v…

(a) The state highway system includes highway facilities that fall within one of the following program classifications: (1) highways that are included within the National Highway System established under 23 U.S.C. 103; (2) the highway elements of the Alaska Highway System under 1…

Whenever any real property, or interest therein, shall have been acquired by or transferred to the state through inadvertence or mistake in connection with highway purposes, the department shall prepare and submit a deed signed by the commissioner reconveying the right, title, or…

Notes 17 AAC 05.030 Eff. 9/20/91, Register 119; repealed 3/8/2002, Register 161

Notes 17 AAC 05.040 Eff. 9/20/91, Register 119; repealed 3/8/2002, Register 161

(a) A person may not park a vehicle or camp for longer than the posted limits in a highway rest stop or pullout located on the state highway system. (b) Except for information posted on traveler information kiosks described in 17 AAC 60.401, a person may not advertise goods or se…

(a) The innovative construction contracting pilot program may be used for the construction of a project that has unique requirements because of locale, climatic conditions, or environmental constraints, and the commissioner determines that use of this program for a particular pro…

Notes 17 AAC 05.090 Eff. 9/20/91, Register 119; repealed 3/8/2002, Register 161

In the statewide transportation planning process, the department will provide for (1) data collection and analysis; (2) consideration of objectives set out in 17 AAC 05.125; (3) coordination of activities identified in 17 AAC 05.135; (4) the development of a range of transportati…

(a) In the statewide transportation planning process, the department will consider goals and objectives that will further(1) the economic vitality of the state; (2) the safety and security of users of the state's transportation system; (3) accessibility and mobility options avail…

(a) In the statewide transportation plan, the department will present the goals and objectives that will guide the development for a forecast period of 20 years for each of the state's modes of transportation. In the plan the department will consider means and costs of improving …

(a) To give notice of a proposed update to the statewide transportation plan and invite persons to participate in a public review group to be formed under 17 AAC 05.140, the department will (1) publish the notice in a newspaper of general circulation; (2) provide written notice t…

(a) Not less than 45 days after notice is first published under 17 AAC 05.135(a) (1) of a proposed update to the statewide transportation plan, the department will form a public review group for the proposed update to the plan. In the public review group the department will inclu…

(a) The department will provide written notice to interested persons and members of the public review group formed under 17 AAC 05.140 that the draft statewide transportation plan is available on request, and will identify a web site where the plan is posted. The department will …

(a) Not more than 90 days after the end of the public review period for the draft transportation plan under 17 AAC 05.145, the commissioner, after considering the public comments received, will adopt an updated statewide transportation plan that serves the best interests of the s…

(a) At least every three years, the department will develop a statewide transportation improvement program (STIP). The purpose of the STIP is to schedule the expenditure of surface transportation money on designated projects over a three-year period. (b) During the development of…

(a) At least every three years, the department will provide for participation in development of the STIP by(1) interested persons; (2) MPOs; the department will involve MPOs on a cooperative basis for the portions of the STIP affecting metropolitan planning areas; (3) in areas ou…

(a) In a STIP the department will list surface transportation projects to be completed in the next three years, evaluated and prioritized in each year to serve the state's best interests. Project prioritization within a metropolitan planning area is determined by its MPO in its T…

(a) The department will classify projects in one of the following categories:(1) the National Highway System, including ferries and terminals; (2) the Alaska Highway System; (3) the Community Transportation Program; and (4) the Trails and Recreational Access for Alaskans (TRAAK) …

(a) Projects nominated for a project needs list under 17 AAC 05.160 may, after public review and comment, be incorporated in the STIP. Except for projects classified in the National Highway System, classified under 17 AAC 05.170(c) in the Alaska Highway System, or exempt under 17…

(a) Repealed 5/7/2005. (b) After the close of the review and comment period for the draft STIP and project needs list under 17 AAC 05.160, the department will consider the comments received and prepare the final STIP. The final STIP is not in force until it is approved by the Uni…

An interested person aggrieved with the evaluation of projects under 17 AAC 05.180 may, within 15 days after the release of a notice of adoption under 17 AAC 05.180, file objections with the commissioner. The commissioner may issue a decision on the objections. If the commissione…

(a) In the STIP, the department will include a financial summary that(1) demonstrates an implementation strategy for the STIP; (2) indicates resources that are reasonably available to carry out the STIP, by the categories set out in 17 AAC 05.175(b) - (f); and (3) recommends, if …

(a) At any time, the department may amend the STIP because of(1) a change in the amount of money available for a project; (2) emergency requirements; (3) unanticipated delays in completing a project or a phase of a project; (4) a change in the scope, cost, or development of a pro…

(a) The following types of programs or projects may be included in any project classification of the STIP under 17 AAC 05.170, without following the scoring process under 17 AAC 05.175 or the allocation by program under 17 AAC 05.190 for a non-restricted federal apportionment:(1)…

When making a decision in the state's best interest, the department will exercise discretion to address, in furtherance of this chapter, factors of significance to the department in the matter under consideration. The department will document in writing the decision of a matter o…

(a) In this chapter, unless the context requires otherwise,(1) "commissioner" means the commissioner of transportation and public facilities; (2) "department" means the Department of Transportation and Public Facilities; (3) "emergency requirements" means requirements to address …

The purpose of the memorial sign program is to (1) provide friends and relatives of persons fatally injured in highway accidents with the opportunity to memorialize them by sponsoring a memorial sign to be erected near the scene of the accident; and (2) combat drunk driving and t…

Under this section, a person may apply to the department to sponsor a sign memorializing an individual who was fatally injured in a highway accident, in which another driver is alleged to be at fault and alcohol is alleged to be involved. The applicant must complete a memorial si…

A person may apply to the department to sponsor a sign memorializing an individual who was fatally injured in a highway accident in which the fatally injured is alleged to be the driver at fault and alcohol is alleged to be involved. The applicant must complete a memorial sign ap…

A person may apply to the department to sponsor a sign memorializing an individual who was fatally injured in a highway accident that did not involve alcohol by completing a memorial sign application furnished by the department. The applicant shall submit the completed applicatio…

(a) Within 30 days after the department receives a correctly completed application submitted under 17 AAC 08.010, 17 AAC 08.015, or 17 AAC 08.020 and the department has inspected the proposed site for the memorial sign, the department will send a written decision to the applicant…

(a) A memorial sign that the department approves under this chapter will be placed in the highway right-of-way, without cost to an applicant, near the location of the accident and facing the oncoming traffic. However, a memorial sign will not be placed nearer than 200 feet from a…

(a) If a memorial sign is applied for under 17 AAC 08.010 and approved by the department under this chapter, the department will install a cautionary sign that reads "PLEASE DON'T DRINK AND DRIVE" and a separate name plaque that reads "IN MEMORY OF (the victim's name)". (b) If a …

No more than three name plaques of victims or sponsors may appear below the memorial cautionary sign on a single memorial sign installation. Notes 17 AAC 08.040 Eff. 1/20/2002, Register 161 Authority:AS 19.05.010 AS 19.05.020 AS 19.05.040 AS 44.42.030

Unless it determines that public safety requires removal, the department will keep a memorial sign installation in its designated location for 10 years after the date of its installation. After the 10-year period ends, the department will remove the memorial sign installation. No…

(a) If more than one sponsor applies for a memorial sign to be located near a single accident site, the department will consider the multiple applications in the order in which they are received. (b) If the department approves, under this chapter, the application of additional sp…

(a) A person may file an application under 17 AAC 08.010, 17 AAC 08.015, or 17 AAC 08.020, until January 15, 2003 to memorialize a death in a highway accident that occurred before that date. (b) On or after January 16, 2003, a person may file an application under 17 AAC 08.010, 1…

An encroachment may be installed within a highway right-of-way if the encroachment has been permitted by the department under this chapter. Notes 17 AAC 10.010 Eff. 6/25/69, Register 30; am 4/20/2000, Register 154 Authority:AS 19.05.020 AS 19.05.070 AS 19.05.200 AS 44.42.030

(a) The department may issue at no cost an encroachment permit for use of a highway right-of-way by a municipality, state agency, or federal agency, subject to any conditions imposed under 17 AAC 10.014, if the municipality or agency is not acting in a business capacity. The perm…

The department will, in its discretion, grant an encroachment permit under 17 AAC 10.011, if the department determines that (1) the integrity and safety of the highway is not compromised; (2) the issuance of the permit will not cause a break in access control for the highway; (3)…

For purposes of 17 AAC 10.011(b), the department will establish economic rent for a right-of-way held in fee simple by the use of commonly accepted real estate appraisal techniques. For rights-of-way held as easements, the consideration for the issuance of the permit is 90 percen…

The department will, in its discretion, impose conditions upon encroachment permits necessary to protect the traveling public, the safety and integrity of a highway's design, the public interest, and the best interests of the state. Notes 17 AAC 10.014 Eff. 4/20/2000, Register 15…

Upon the expiration of the term of an encroachment permit issued under 17 AAC 10.011, or upon the revocation of an encroachment permit by the department, a permittee is responsible for the cost of removing improvements placed within the right-of-way, at no cost of the department,…

(a) A driveway or approach road constructed under permit within a highway right-of-way is the property of the state, but all cost and liability arising from the construction, operation, or maintenance of a driveway or approach road is at the sole expense of those lands served. Th…