00 CS FOR SENATE BILL NO. 183(TRA) 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 January 1, 2005, may remain, 12 subject only to removals required by federal highway funding requirements 13 imposed on the state by federal law, until or unless an encroachment permit for 14 the outdoor advertising is denied under AS 19.25.200(c) [REPEALED]. 15 * Sec. 2. AS 19.25.200 is amended by adding new subsections to read: 01 (c) Upon receipt of an application, the department shall issue an encroachment 02 permit to a private person, a government agency acting in a business capacity, or an 03 owner or lessee of land contiguous to the right-of-way for an encroachment that, on 04 January 1, 2005, was present within the right-of-way of an interstate, primary, or 05 secondary highway and is not authorized by a written encroachment permit if the 06 department finds that 07 (1) the encroachment does not pose a risk to the traveling public, and 08 the integrity and safety of the highway is not compromised; 09 (2) the applicant has demonstrated the encroachment was erected in 10 good faith; 11 (3) the denial of the encroachment permit would pose a hardship on the 12 person, agency, owner, or lessee who applies for the permit; 13 (4) the issuance of an encroachment permit will not cause a break in 14 access control for the highway; 15 (5) the land will not be necessary for a highway construction project 16 during the initial term of the permit; and 17 (6) issuance of a permit is consistent with federal requirements 18 regarding encroachments on federal-aid highways. 19 (d) The department may not remove an encroachment present within the right- 20 of-way of an interstate, primary, or secondary highway on January 1, 2005, unless the 21 owner, occupant, or person in possession of the encroachment or any other person 22 causing or permitting the encroachment to exist receives the notice provided under AS 23 19.25.230 and is informed of the application process for an encroachment permit 24 under (c) of this section. The department may charge a fee, not to exceed $100, for an 25 encroachment permit issued under (c) of this section. An encroachment permit issued 26 under (c) of this section may contain reasonable conditions to protect the traveling 27 public, the safety and integrity of a highway's design, and the public interest. 28 (e) The land area described in an encroachment permit may not be used to 29 meet minimum requirements for a contiguous land use under applicable municipal 30 land use standards or under applicable regulations adopted by the Department of 31 Environmental Conservation. The use of land contiguous to the land area described in 01 the permit must satisfy the applicable municipal land use standards and applicable 02 regulations adopted by the Department of Environmental Conservation without regard 03 to the land area described in the permit. 04 (f) The issuance of an encroachment permit under AS 19.25.200 - 19.25.250 05 does not entitle the owner, occupant, or person in possession of the encroachment or 06 any other person to a payment of compensation or of relocation benefits under 07 AS 34.60 if the encroachment permit is revoked or not renewed or if the encroachment 08 must be changed, relocated, or removed under AS 19.25.200 - 19.25.250. 09 (g) Except for damage, injury, or death resulting from gross negligence or 10 reckless or intentional misconduct of the state or an agent or employee of the state, the 11 state is not liable for damage to, or damage, injury, or death resulting from the 12 presence of, an encroachment in the right-of-way of a state highway.