Title 19 — Highways and Ferries
16 chapters · 239 sections in this title.
AS 19.30.171 Acquisition and conveyance of rights-of-way.
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(a) 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 comm…
AS 19.30.181 Project agreements.
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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.
AS 19.30.191 Letting of contracts.
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(a) [Repealed, § 15 ch 158 SLA 1980.] (b) 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 re…
AS 19.30.201 Construction.
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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 i…
AS 19.30.211 Maintenance.
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(a) 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 trans…
AS 19.30.221 Availability of allocated sums.
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(a) 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. (b) These allocated sums shall be available for expenditure for a period of five years afte…
AS 19.30.231 Payment for construction. [Repealed, § 15 ch 158 SLA 1980.]
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[Repealed or reserved.]
AS 19.30.233 Reports. [Repealed, § 35 ch 126 SLA 1994.]
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[Repealed or reserved.]
AS 19.30.241 Definitions.
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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” me…
AS 19.30.251 Local government powers.
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Article 4. Road Maintenance Service Areas. 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 maint…
AS 19.30.260 Purpose.
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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.
AS 19.30.270 Allocation of money.
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(a) 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 mun…
AS 19.30.280 Eligibility.
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(a) 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 provision…
AS 19.30.290 Administration.
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(a) 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 es…
AS 19.30.300 Maintenance.
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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.
AS 19.30.310 Report.
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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 pr…
AS 19.30.320 Definitions.
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Article 5. Rights-of-way Acquired under Former 43 U.S.C. 932. 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 constru…
AS 19.30.400 Identification and acceptance of rights-of-way.
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(a) 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 regu…
AS 19.30.410 Vacation of rights-of-way.
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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,…
AS 19.30.420 Immunity from liability for damages; risk of use of right-of-way acquired under former 43 U.S.C. 932.
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(a) 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.…
AS 19.40.010 Declaration of policy.
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(a) 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, …
AS 19.40.015 Highway named.
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The highway is named the James Dalton Highway.
AS 19.40.020 Contractual authority.
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(a) 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. (b) …
AS 19.40.030 Undertakings of contractors.
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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.
AS 19.40.040 Exemption.
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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…
AS 19.40.050 Highway width.
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In accordance with AS 19.10.015, the width of this highway is designated as 200 feet.
AS 19.40.060 Conditions to be met.
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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 ec…
AS 19.40.065 Regulations and penalties.
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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 adop…
AS 19.40.070 Conflict with other laws.
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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.
AS 19.40.080 [Renumbered as AS 19.40.290.]
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Renumbered as AS 19.40.290. Renumbered as AS 19.40.290.
AS 19.40.100 Use of the highway by industrial or commercial traffic.
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(a) The department shall maintain the highway and keep it open to industrial or commercial traffic throughout the year. (b) In this section “industrial or commercial traffic” means (1) travel necessary and related to resource exploration and development or to support of those act…
AS 19.40.110 Public use of a portion of the highway.
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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.
AS 19.40.120 Closure of the highway to traffic.
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The provisions of AS 19.10.100 apply to the closure of the highway by the department.
AS 19.40.200 Disposal of land or materials.
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(a) The state may not dispose of state land under AS 38 which is within five miles of the right-of-way of the highway. (b) 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 carrie…
AS 19.40.210 Prohibition of off-road vehicles.
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(a) 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 …
AS 19.40.290 Definition.
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In this chapter, “highway” means the secondary highway from the Yukon River to the Arctic Ocean.
AS 19.45.001 [Renumbered as AS 19.59.001.]
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[Repealed or reserved.]
AS 19.45.002 [Renumbered as AS 19.59.002.]
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[Repealed or reserved.]
AS 19.45.015 [Renumbered as AS 19.10.270.]
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[Repealed or reserved.]
AS 19.59.001 Definitions.
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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 especiall…
AS 19.59.002 Penalties for AS 19.05 — 19.25.
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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 …
AS 19.60.010 Secs. 19.60.010 — 19.60.070. [Renumbered as AS 19.65.030(a) — (g).]
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[Repealed or reserved.]
AS 19.65.010 Duty station or port change for employees of the Alaska marine highway system. [Repealed, § 52 ch 59 SLA 1982.]
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[Repealed or reserved.]
AS 19.65.011 Short-term and comprehensive long-range plans.
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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 consu…
AS 19.65.020 Naming of vessel or facility.
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(a) 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. (b) A maritime vessel shall bear the name of an Alaska glacier. (c) A vessel used pri…
AS 19.65.025 Vessel design and construction. [Repealed, § 43 ch 128 SLA 1994.]
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[Repealed or reserved.]
AS 19.65.030 Acquisition and maintenance of ferry terminal facilities.
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(a) 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 an…
AS 19.65.035 Transportation of members of the Alaska organized militia.
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Article 2. Alaska Marine Highway System Fund and Budget. 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…
AS 19.65.050 Legislative findings, purpose, and intent.
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(a) 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 se…
AS 19.65.060 Alaska marine highway system fund.
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(a) The Alaska marine highway system fund is established as a separate fund in the state treasury, 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 i…