00                            HOUSE BILL NO. 279                                                                          
01 "An Act relating to encroachments in the right-of-way of a highway."                                                    
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 19.25.105(d) is amended to read:                                                                  
04            (d)  Outdoor advertising may not be erected or maintained within the right-of-                               
05       way of an interstate, primary, or secondary highway except that outdoor advertising                               
06                 (1)  on [IS ALLOWED ON (1)] bus benches and bus shelters, and                                       
07       adjacent trash receptacles, located within the right-of-way under the authority of a                              
08       permit issued under AS 19.25.200 is allowed [,] if the bus benches or bus shelters are                        
09       located within a borough or unified municipality and the buses that stop at that                                  
10       location operate during the entire year; or                                                                   
11                 (2)  present in the right-of-way on the effective date of this Act may                              
12       remain until or unless an encroachment permit for the outdoor advertising is                                  
13       denied under AS 19.25.200(c) [REPEALED].                                                                      
14    * Sec. 2.  AS 19.25.200 is amended by adding a new subsection to read:                                             
15            (c)  The department shall issue an encroachment permit to a private person, a                                

01       government agency acting in a business capacity, or an owner or lessee of land                                    
02       contiguous to the right-of-way who erected an encroachment that on the effective date                             
03       of this Act is present within the right-of-way of an interstate, primary, or secondary                            
04       highway and is not authorized by a written encroachment permit if the department                                  
05       finds that the encroachment does not pose a risk to the traveling public, that the                                
06       erection of the encroachment occurred in good faith, and that the denial of the                                   
07       encroachment permit would pose a hardship on the person, agency, owner, or lessee                                 
08       who erected the encroachment.  The department may not remove an encroachment                                      
09       present within the right-of-way of an interstate, primary, or secondary highway that is                           
10       not authorized by a written encroachment permit on the effective date of this Act until                           
11       the department determines that the encroachment does not qualify for an                                           
12       encroachment permit issued under this subsection.  The department may charge a fee                                
13       for an encroachment permit issued under this subsection.