CSHB 279(TRA): "An Act relating to encroachments in the right-of-way of a highway."
00 CS FOR HOUSE BILL NO. 279(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 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may 12 remain until or unless an encroachment permit for the outdoor advertising is 13 denied under AS 19.25.200(c) [REPEALED]. 14 * Sec. 2.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 for an encroachment that on the effective date of this 03 Act is present within the right-of-way of an interstate, primary, or secondary highway 04 and is not authorized by a written encroachment permit if the department finds that the 05 encroachment does not pose a risk to the traveling public, that the erection of the 06 encroachment occurred in good faith, and that the denial of the encroachment permit 07 would pose a hardship on the person, agency, owner, or lessee who erected the 08 encroachment. The department may not remove an encroachment present within the 09 right-of-way of an interstate, primary, or secondary highway that is not authorized by 10 a written encroachment permit on the effective date of this Act until the department 11 determines that the encroachment does not qualify for an encroachment permit issued 12 under this subsection. The department may charge a fee, not to exceed $100, for an 13 encroachment permit issued under this subsection.