Questions About Right-of-Way Manual?
 
Heather O'Claray
State Right of Way Chief
Phone: (907) 465-6954

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The Alaska Utilities Manual is availabe in PDF format and all chapters are less than 1MB unless otherwise specified. For questions about this manual contact Kelly Summers, Statewide Utilities Lead via email or at 907-269-6235.

What is DOT&PF Right-of-Way Section's Responsibility?

Alaska’s highways are important resources that serve many purposes. They meet the basic transportation needs of many citizens and are critical to their health and safety. They serve as commercial corridors bringing goods and services to our communities. They play a vital role in supporting our economy by serving the oil, gas, timber, commercial fishing, tourism, and other industries. Our highways provide access to some of the most beautiful scenery and fantastic recreational opportunities in the world. Alaska’s highways need to be developed, maintained, managed, and preserved to ensure that they continue to meet these multiple purposes in a safe and efficient manner for the benefit of Alaskans and our visitors.

The management of our highway corridors is the responsibility of the Alaska Department of Transportation and Public Facilities’ Right-of-Way Section.

The Department’s Right-of-Way staff manages our road corridors to ensure that activities within them are safe and meet the overwhelming mandate of Alaskan voters to keep our highways scenic. They work to keep the highway corridors free of nonessential signage, encroachments, abandoned vehicles, and other items that adversely impact the safety of the traveling public.

The following provides information concerning the management of Alaska’s highway rights-of-way. It provides the reader with a description of allowable activities and the process to acquire the appropriate and necessary permits. But more importantly, it explains why it is important to manage Alaska’s rights-of-way for the safety and enjoyment of the traveling public.

What is a Right-of-Way (ROW)?

Simply stated, a highway right-of-way is an identified strip of land reserved for transportation improvements. The right-of-way includes not only the road surface, but can extend well beyond the edge of pavement, sometimes as far as 200 feet and more.

What is an Easement?

Generally speaking, an easement is the right to use all or part of the property of another person for some specific purpose. Easements can be permanent or temporary (i.e., limited to a stated period of time). Easements are created for a variety of purposes, including public access, utilities, drainage, pipelines, or pole lines.

Interstate and primary highway easements were granted to the State of Alaska by the Federal Government through Public Land Orders (PLO). Other easements were acquired through Notices of Utilization filed by Department of Transportation and Public Facilities (DOT&PF), and some were purchased from adjoining land owners for a specific purpose.

How Are They Different?

A common statement by property owners with a highway easement is “I (the property owner) own the land to the center of the road.” Although technically correct, when DOT&PF has an easement on your property, it is usually for 90% interest in the land. However, you (the property owner) do retain the right to include the square footage in your property inventory and to plant grass (all other landscaping, or removal of landscaping, would require a permit).

Why Does DOT&PF Manage Alaska’s ROWs?

1. Safety
2. Alaskans voted to keep their highways free of illegal billboards and signs
3. State and federal laws
4. Funding

How Does DOT&PF Manage Alaska’s ROWs?

1. Plat review
2. Permits
3. Inspections
4. Enforcement and removal

What Uses are Allowed in the Right-of-Way?

Uses of the right-of-way include, but are not limited to, construction and maintenance of the traveled roadway, foot paths, bike paths, frontage roads, pullouts, parking areas, placement of utilities, and other public uses as DOT&PF deems necessary for the welfare of the public.

What Improvements are Permitted in the Right-of-Way?

Improvements within a right-of-way such as beautification, awnings, customer parking, and driveways (see exceptions in 17 AAC 10.011[c]) require a Right-of-Way Encroachment Permit. When requested, a permit may be issued to a landowner with property along a highway for any lawful use. Right-of-Way Encroachment Permits are also required for a municipality, state agency, or federal agency.

What is an Encroachment?

An unpermitted encroachment is an unauthorized use of a right-of-way or easement by improvements, objects, items, or obstructions. This can include, but is not limited to, driveways that have not been permitted by DOT&PF, signs, cars, fences, and buildings. Other unauthorized encroachments in the right-of-way include personal items and vehicles parked “for sale.” It also includes stand-alone businesses such as hot dog stands, firewood sales, sandbag sales, souvenir sales, and espresso wagons. Most encroachments will be cited and given a time limit to be removed or corrected. Some encroachments, such as signs, ropes, cables, or blockages of any kind in or across the right-of-way may create a safety hazard and need to be removed immediately by DOT&PF at owner expense. For example, ropes and cables placed across driveways have maimed or killed travelers.

Outdoor Advertising

Outdoor advertising is advertising visible from the road. This includes political advertising. Even when the sign is located outside the right-of-way, on private property, if it advertises for a business or some activity located somewhere else, it is illegal. Illegal outdoor advertising may include, but is not limited to, business signs, real estate signs advertising property for sale at another location, vehicles with advertising painted or posted on the side when parked and left, etc.

In response to public demand to preserve the unique and scenic beauty along Alaska’s highways, DOT&PF regularly inspects for and identifies encroachments and illegal outdoor advertising along state roads and highways. This is done for (1) the continued safety of the traveling public; (2) as mandated by federal and state law; and (3) to ensure uninterrupted federal funding for our highway projects. DOT&PF continuously inspects over 6,000 miles of state roads.

Inspection and Removal Process

DOT&PF makes every effort to treat all property and business owners with fairness and respect. Over the years DOT&PF has removed countless encroachments from within the State’s right of ways and contacted thousands of property and business owners to request removal of encroachments and illegal outdoor advertising along the State’s right of ways. In most instances, owners voluntarily assist with removal of the items.

When an unpermitted encroachment in the State’s right of way is identified DOT&PF or law enforcement may remove it without notice or compensation. DOT&PF is not responsible for damage during removal or storage. Where possible, items are retained in storage for 30 days. During this period items may be reclaimed by the owner after payment of fines, fees, and costs. Unclaimed items in storage are destroyed and owners may be held responsible for payment of the related costs. (17 AAC 20.012)

Generally when unpermitted outdoor advertising is identified on private property along the State’s right of way DOTP&F notifies the business, occupant, and/or property owner by sending a notice requiring removal within 30 days. If the item(s) remain at the end of the specified period, DOT&PF may remove and impound the item(s) and initiate legal action at the owner’s expense. (17 AAC 20.013) On Sept. 10, 2018, the Alaska Superior Court issued a temporary order allowing small, temporary, political campaign signs displayed on private property without compensation.

If an encroachment or outdoor advertising item poses a legitimate safety concern, DOT&PF may have these items removed at the owner’s expense regardless of their content or location within the State’s right of way or on private property adjacent to the State’s right of way.

Some Final Thoughts

We appreciate your taking the time to learn about the Department’s responsibility to manage and protect Alaska’s highway rights-of-way. We encourage you to work with our right-of-way staff to ensure that your proposed activity is appropriate and properly permitted. Together we can ensure that Alaska’s highway rights-of-way are managed in a manner that is fair to all and provides for the safety and pleasure of the traveling public.

TODS RICA LOGO LOGO Panel RAMP LOGO/LOGO PANEL KIOSKS Memorial Signs Application Fee $100 $100 $100 n/a ** $100 $0 Permit Fee $400 $400 $4,500 n/a ** $400 $0 Renewal Fee $300 $300 $1,000 n/a ** $300 $0 Initial Permit Duration four to five four to five four to five n/a four to five four to five n/a Renewal Permit Duration (yrs) five five five n/a five five n/a Maintenance Resp. permittee permittee permittee DOT&PF permittee permittee DOT&PF Business Name Allowed? yes no yes no yes yes no Permissible Locations Expy or Fwy w/ Interchanges no yes yes yes yes yes yes Less than 2,500 yes yes n/a n/a n/a yes yes 2,500 to 10,000 no yes n/a n/a n/a yes yes Greater than 10,000 no yes n/a n/a n/a yes yes All fees are nonrefundable and paid by the permittee. The initial permit duration varies from four to five years as all permits terminate on December 31 of the fourth year following issue of the original permit. ** covered under LOGO permit fees

Apply for Sign Permits

Description

The TODS program allows for official signing to be located within rural highway rights-of-way that give specific directional information to activities or sites of interest. These are the familiar rectangular blue and white signs you see along the highway alerting motorists to bed-and-breakfasts, flighting services, gift shops, etc.

Sign Layout

TODS are rectangular, 90 X 18 inches, and have a white border and legend on a blue background. Each sign has an approximate symbol indicating a general class of business or activity, a directional arrow, distance to the facility, and up to two lines of legend. There is a list of standard icons, however, if no appropriate logo exists for the applicant, the Department will help design one.

Typical Location

Unprotected sign supports located within the clear zone must be of breakaway design. Signs must be located where they do not interfere with other regulatory, warning, or directional signs.

In general, TODS are located within the right-of-way of rural highways at least 200 feet from the intersection or driveway leading to the traveler-oriented activity. There is a limit of six signs per intersecting road/driveway (two groupings of three) that must be spaced at least 200 feet from each other and from other traffic control devices.

TODS may not be placed at the following intersections

Nor may TODS be placed on a freeway, expressway, the off-ramps, or where the majority of traffic exits at the intersecting road/driveway.

Qualifications for TODS

The applicant activity must derive at least 25 percent of its gross receipts from motorists who reside more than 20 miles from the location of the activity. The activity must not be more than 25 miles from the highway on which the sign is placed. Exceptions are applicants for a food or gas TODS permit who must not be more than three miiles from the highway. The location of the activity or the intersecting road/driveway cannot be located within the urban portion of an organized borough that exceeds 2,500 permanent residents. Neither the tourist-oriented activity nor a sign advertising it can be visible from the highway until the motorist is within 1,250 feet of the intersecting road/driveway. The proposed location must have fewer than six existing TODS, and have not been designated a community services sign or a tourist information kiosk location.

Application/Permit Process

The applicant must include a $100 nonrefundable application fee. We will review the application, and if it is approved, we will notify the applicant and a $400 nonrefundable issuance fee will be due ($300 if the application is a renewal). A permit is required. The initial permit is issued for a period of between four and five years. This is because all permits are set up to expire on December 31 of the fourth year from the issue date. Subsequent renewals will last five years. See Motorist Services Fee Summary and Application Data at the ROW homepage.

Maintenance Responsibility

The manufacture, installation, maintenance, seasonal closings, and removal of the TODS are the responsibility of the permittee, but must be performed by a sign contractor (see definitions in the regulations).

Apply for Sign Permits

Description

The intent of the program is to point out to travelers areas of significant recreational and/or cultural interest, through the use of signs distinctive in size and color. To be eligible, the site must be accessible by a maintained road, attract an average of at least 100 people per day during at least four consecutive months, and be widely noted for its recreational or cultural significance. Areas eligible for the RCIA sign include national parks, state parks, and sites listed on the National Register of Historic Places. Recreational attractions include such facilities as parks, racetracks, and ski areas, while cultural attractions include museums and historic sites.

Typical Locations

Unprotected sign supports located within the clear zone must be of breakaway design. Signs must be located where they do not interfere with other regulatory, warning, or directional signs.

Site selection is not as restrictive as the TODS program in that RCIA signs may be placed in the urban portion of an organized borough that exceeds 2,500 permanent residents. The signs may not be located within 200 feet of any other highway sign. The attached graphic shows the typical locations for the RCIA signs.

Application/Permit Process for an RCIA Sign

The operator of the RCIA must include an $100 nonrefundable application fee with the application. We will review the application, and if we approve it, we will notify the applicant and a $400 nonrefundable issuance fee will be due ($300 if application is for permit renewal). See the Motorist Services Fee Summary and Application Data for more information. The initial permit expires on December 31 of the fourth year; subsequent renewals will be for five years. There are a number of considerations in the review of the application.

1. Is the applicant the operator of the RCIA and does the RCIA comply with all applicable laws?
2. Is it physically possible to place the RCIA sign at the proposed location in the prescribed manner?
3. Is the RCIA or a sign advertising the RCIA already visible to motorists within 1,250 feet of the driveway or intersection leading to the RCIA?

Sign Installation and Maintenance

The manufacture, installation, maintenance, seasonal closings, and removal of the RCIA signs are the responsibility of the permittee, but must be performed by a sign contractor (see definitions in the regulations).

Apply for Sign Permits

Description

When an intersection or populated area is inundated with TODS, RCIAs, and LOGOS, or it appears that it will soon be inundated, DOT&PF may issue a moratorium on further sign permits and require that all existing and future signs be incorporated into a tourist information kiosk. The kiosk would consist of a covered shelter located in a turnout or other suitable location convenient to the intersection or area. The purpose of the kiosk is to contain all the information formerly depicted by signs in the right-of-way, as well as other travel-related information. Typical information at the kiosk would be area maps, directory of local business and their products and services, racks of travel brochures, and possibly interpretive signs. We intend that the information would be read from the turnout and not the traveled way. We will remove items that do not meet that intent. At the time of the moratorium, existing sign permit holders will be able to keep their sign until the permit expires. Any required advance signing for the turnout will be installed and maintained by DOT&PF.

Typical Location

The kiosk requires a turnout and can be located in the right-of-way. The site should be visible from the highway, and in proximity to the attractions and businesses listed, which should have good ingress/egress and ample parking.

Qualifications

An individual, local government, business group, or Chamber of Commerce may apply for a permit to construct, operate, and maintain a tourist information kiosk. Generally we'll issue one permit for any geographic area, though more than one kiosk may be allowed. We'll give preference to that entity which, in DOT&PF's opinion, will provide the most appropriate facility and be most likely to maintain it in accordance with the terms of the permit. In return for operating and maintaining the kiosk, the permittee may charge a reasonable operations fee to those using it.

Fees

Consult the Motorist Services Fee Summary for current costs. Application: $100 Permit: $400 Renewal: $300

Design

DOT&PF has designs for kiosks to be used in this program. Click on the following for further design information:

• Interpretive Sign, Type D
• Log Milepost
• Orientation Kiosk, Example 1
• Orientation Kiosk, Example 2
• Standard Specifications, Section 650, Park Facilities

Maintenance Responsibility

The permittee is responsible for the maintenance and operation of the kiosk. DOT&PF will provide site maintenance such as minor grading, snow plowing, and approach repairs.

Apply for Sign Permits

Description

Every year, more than 50 people lose their lives on Alaska roads and highways. Frequently, loved ones and friends choose to honor the memory of these individuals by requesting a memorial sign be placed near the site of the crash. The memorial sign may remain for a period of ten years. An application for a memorial sign is usually made within two years of the time of the crash. DOT&PF will manufacture and erect these signs at no charge to you.

We hope this program will help combat drunken driving and increase the public's awareness of the need to drive safely and responsibly.

Information needed

For a sign in the memory of a victim of an accident caused by a drunk driver, the following attachment is required: an affidavit from you that the individual to be memorialized was fatally injured in a highway accident, that the other driver is alleged to be at fault, and that alcohol is allegedly involved; the date and location of the highway accident; and the name of the person who was killed as it should appear on the memorial sign.

For a sign sponsored by the family or friends of a fatally injured drunk driver, the following attachment is required: an affidavit from you that the individual who was fatally injured is alleged to be the driver at fault and alcohol is alleged to be involved; the date and location of the highway accident; the name of the individual who was fatally injured; and the name of each sponsor as it should appear on the memorial sign.

For a sign in the memory of a victim of a traffic accident where alcohol is not involved, the following is required: an affidavit from you detailing the date and location of the highway accident and the name of the person who was killed as it should appear on the memorial sign.

Additional Information

• Anchorage area (800) 770-5263
• Fairbanks area (800) 475-2464
• Southeast Alaska area (800) 575-4540

Apply for Sign Permits

Description

A specific service sign provides travelers with business identification and directional information for essential motorist services. The signs may be used on expressways or freeways.

Unprotected sign supports located within the clear zone must be of breakaway design.

Sign Layout

Specific service signs carry word legends for one (or two, in remote rural areas) of the following services: GAS, FOOD, LODGING, or CAMPING. The signs include an appropriate directional legend such as NEXT RIGHT, SECOND RIGHT, or directional arrows, the exit number where applicable, and one or more separately attached logos.

The signs have white reflecting uppercase letters, numbers, arrows, and borders on a blue reflecting background. The logo, which may consist of the business identification symbol, name, brand, trademark, or combination, is shown on a separate panel that is attached to the logo sign (see definitions in the regulations). Logos should have a blue background with white legend and border. Where business identification symbols of trademarks are used alone for a logo, the border may be omitted. The symbol or trademark must be reproduced in the colors and general shape consistent with customary use, and any integral legend must be in proportionate size. Do not use messages, symbols, and trademarks that resemble any official traffic control device.

The logos range from 60 X 36 inches for freeways and expressways at interchanges to 36 X 24 inches for expressway intersections and 24 X 18 inches for conventional highway intersections and offramps. The logo panels vary in size depending on the type of facility on which they are located (freeway, expressway, conventional highway, or offramps) and on the number of logos.

Typical Locations

Signs must be located where they do not interfere with other regulatory, warning, or directional signs. A logo sign may be placed along the following segments of freeway or expressway:

• Glenn Highway from Muldoon interchange to Parks Highway intersection
• Richardson Highway from Mitchell Expressway to Eielson Air Force Base Gate
• Mitchell Expressway from Richardson Highway interchange to Geist/Parks Highway interchange
• Steese Expressway from Johansen Expressway to Haglebarger intersection
• Egan Drive from Mendenhall Loop to Glacier Highway intersection at 2.5  mile Egan Drive

In addition to the segments of freeway or expressway listed above, you may place a logo sign along a freeway or expressway within an organized borough if the borough has more than 2,500 permanent residents but no more than 10,000 permanent residents; and location is not within the urban portion of an organized borough.

A logo sign may not be placed at a location where the majority of the traffic exits the highway at the driveway or intersecting road.

Qualifications

Neither the activity nor a sign advertising the activity may be visible from the highway until the motorist is within 1,250 feet of the intersecting road/driveway. The GAS, FOOD, LODGING, and CAMPING activities must meet the other qualifications in the regulations.

Application/Permit Process

The applicant must submit a nonrefundable $100 application fee with the application. We will review it and, if it is approved, we will notify the applicant and a $400 or $4,500 nonrefundable issuance fee will be due ($300 and $1,000 if application is a renewal). The initial permit is for a period of four to five years. This is because all permits are set up to expire on December 31 of the fourth year after the issue date. Subsequent renewals will last five years.

Maintenance Responsibility for a Logo (Specific Service) Sign

On freeways and expressways at grade separated locations, DOT&PF will furnish and maintain the sign panel. The permittee is responsible for furnishing and maintenance of the logo panel.

The permittee will furnish and maintain supplemental signs on the ramps and signs at intersections through a sign contractor.

Additional Information

Alaska Traffic Manual
Title 17, Transportation and Public Facilities

1949

First outdoor advertising statute passed by Territorial Legislature. Defines outdoor advertising; exempts political advertising from ban. "The term "outdoor advertising" as used in this Act, shall include all commercial advertising so displayed as to attract the attention of persons on any public highway or while in a vehicle of a common carrier, or in any station, public building, park or other public place, whether such advertising be by means of printing, writing, painting, pictures, or a combination thereof, and whatever be the means of display, except that it shall not include advertising located within incorporated towns nor upon private property in rural areas and relating exclusively to the business conducted on such property or the sale or rental thereof, or directional signs on the public domain pertaining to and within 2500 feet of such rural business."

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1953

Territorial Legislature amends outdoor advertising statute by removing political advertising exemption and establishes sign program for rural businesses. Outdoor advertising statute purpose revised to read, "After due investigation and deliberation it is the purpose of the Legislature to protect the public safety and welfare of persons using the highways of Alaska by causing the removal of outdoor advertising along said highways, thereby eliminating a source of distraction to vehicle operators and persons on said highways."

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1965

Congress passes Highway Beautification Act of 1965.

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March 1968

Alaska signs Lady Bird Johnson Agreement on March 29, 1968.

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1968

Legislature substantially expands and strengthens outdoor advertising statutes, largely in response to Highway Beautification Act. AS 19.25.080 purpose revised to include: (1) protection of public safety and welfare; (2) prevent distractions and protect scenic beauty and attract tourists; (3) regulate outdoor advertising in areas adjacent to the right-of-way; to provide that nonconforming signs are a public nuisance; and to bring state into compliance with outdoor advertising in 23 U.S.C. Definition of "outdoor advertising" now "includes any outdoor sign, display or device used to advertise, attract attention or inform and which is visible to a person on the main-traveled way of a highway of the interstate or primary systems in this state, whether by printing, writing, painting, picture, light, drawing, or whether by the use of figures or objects, or a combination of these, or any other thing designed, intended or used to advertise, inform or attract attention."

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1970

Legislature adds AS 19.25.105 "LIMITATIONS OF OUTDOOR ADVERTISING SIGNS, DISPLAYS AND DEVICES. (a) No outdoor advertising shall be erected or maintained within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate, primary, or secondary highways in this state except the following: (1) directional and other official signs and notices which include, but are not limited to, signs and notices pertaining to natural wonders, scenic and historic attractions, which are required or authorized by law, and which shall conform to federal standards for interstate and primary systems. (2) signs, displays and devices advertising the sale or lease of property upon which they are located or advertising activities conducted on the property.

(b) This section is subject to AS 07.15.340 as it applies to secondary highways."

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1971

Legislature adds AS 19.25.200 – 19.25.250, on encroachments. Allows encroachment permits to be issued; allows department to change, relocate or remove encroachments (or require owner of encroachment to do same); allows department to remove encroachments after owner does not comply with our demand to remove, making owner responsible for costs.

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1975

Legislature expands AS 19.25.105 to add: "(a)(3) signs determined by the state, subject to concurrence of the United States Department of Transportation, to be landmark signs, including signs on farm structures, or natural surfaces, of historic or artistic significance, the preservation of which would be consistent with the provisions of this chapter.

(c) No outdoor advertising may be erected or maintained beyond 660 feet of the nearest edge of the right-of-way of the main traveled way of the interstate, primary or secondary highways in this state with the purpose of their message being read from that travel way except those outdoor advertising signs, displays or devices allowed under (a) of this section."

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1980

AS 19.25.105 amended again, to add a fourth exemption: "(a)(4) directional signs and notices pertaining to schools."

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1986

AS 19.25.200 amended to allow Department to charge fees for encroachment permits. Also adds AS 19.25.200(b) "The provisions under (a) of this section do not apply to a mailbox or a newspaper box attached to a mailbox." These changes resulted from two separate bills.

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1987

AS 19.25.105 again amended to add another exemption: "(a)(5) advertising on bus benches or bus shelters if the state determines that the advertising conforms to local, state, and federal standards for interstate and primary highway systems."

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1988

AS 19.25.105 again amended, to add: "(d) Outdoor advertising may not be erected or maintained within the right-of-way of an interstate, primary, or secondary highway except that outdoor advertising is allowed on bus benches and bus shelters located within the right-of-way under the authority of a permit issued under AS 19.25.200, if the bus benches or bus shelters are located within a borough or unified municipality and the buses that stop at that location operate during the entire year."

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January 1988

HCR34 Relating to tourist-oriented directional signs is introduced. Resolution urges DOT/PF to implement a TODS program as soon as it is approved by FHWA.

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May 1988

Legislature passes HCR34.

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June 1988

Department issues policy for Experimental Tourist Oriented Directional Signing, including: Experimental program to be funded by businesses for approaching tourist season; Patterned after Iowa program; Experimental program available, "to organized groups or businesses who are willing to undertake all administrative and organizational details, provide full funding, and are willing to conduct a simple on-going poll of their customers concerning the effectiveness of the trial TODS program; Implementation funding was appropriated for the purpose of establishing final regulations.

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April 1991

Department revises Policy for Experimental Tourist Oriented Directional Signing. Refines program somewhat, and extends it as experimental.

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December 1991

Congress passes ISTEA, which includes requirements for states to control outdoor advertising, and makes some expenses eligible for federal-aid.

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January 1993

Representative Menard and Senator Frank prefile HB25 and SB 157, making the following changes to AS 19.25: "19.25.091. OUTDOOR ADVERTISING. Except as prohibited by 23 U.S.C. 131 and the regulations adopted by the United States Secretary of Transportation to implement and interpret that section, outdoor advertising is permitted outside of the right-of-way of a state highway.

19.25.093. CONTROL OF OUTDOOR ADVERTISING. A person may not erect or maintain outdoor advertising not permitted by AS 19.25.091."

Effort ultimately fails.

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June 1993

Draft RCIA policy circulates in Department. October 1993 Department’s revised TODS policy issued; also includes Community Services Signs.

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January 1994

Representatives Menard and Olberg introduce HB367. The bill ultimately goes through 4 committee substitutes and passes. It makes the following changes to AS 19.25.105 (these are from the final CS): 19.25.105(a)(2) is amended to read:

"signs, displays, and devices advertising the sale or lease of property upon which they are located or advertising activities conducted on the property upon which they are located;" (underlined text is new text)

19.25.105(a)(5) is amended to read:

"advertising on bus benches or bush shelters, and adjacent trash receptacles, if the state determines that the advertising conforms to local, state and federal standards for interstate and primary highways;" (underlined text is new text)

AS 19.25.105(a)(6) is added to read:

"directional signs whose size, lighting, and spacing are approved by the United States Department of Transportation, may be erected and maintained outside of the right-of-way adjacent to interstate and primary highways in areas zoned industrial or commercial or in unzoned commercial or industrial areas as may be determined by agreement with the United States Department of Transportation; under this paragraph, the directional signs must

(A) be for an individual business entity that is of significant interest to the traveling public as evidenced by documentation that at least 75 percent of the entity’s gross business receipts are from motorists residing more than 20 miles from the business;

(B) consist of four or fewer off-premises signs for each business, and each sign

(i) must be located on private property;

(ii) must provide directional information;

(iii) must indicate the specific business entity;

(iv) must be located within 50 miles of the physical location of the business entity; and

(v) may not exceed 8 feet by 12 feet in size."

Bill also changes penalty for violation from a misdemeanor to a violation, but increases the fines from the range of $50 to $1,000 to $250 to $2,500.

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May 1994

CSHB367(JUD) am S passes the Legislature.

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June 1994

Governor Hickel transmits veto letter to Speaker of the House Ramona Barnes, for CSHB367(JUD) am S, "An Act relating to limitations on outdoor advertising signs, displays, and devices and penalties for violations related to outdoor advertising."

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March 1995

HB 287 introduced by Representative Rokeberg. Amends AS 19.25.105 exceptions to add trash receptacles that are next to bus benches or bus shelters and revises AS 19.25.180 to read: "APPLICABILITY OF MUNICIPAL ENACTMENTS. Notwithstanding AS 19.25.080 – 19.25.180, a municipality may enact ordinances that regulate outdoor advertising in a way that is more restrictive than the provisions of AS 19.25.080 – 19.25.180."

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May 1995

SB181 introduced, with the following sponsors: Senator Green, Pearce, Halford, Frank, Miller, and Sharp, and Representatives Toohey, Ogan and James. This bill includes more or less the same provisions that were included in HB 367.

HB 287 passes.

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June 1995

Governor Knowles signs HB 287.

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January 1996

Sponsor substitute for SB181 introduced.

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April 1996

SB 181 passes.

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May 1996

Governor Knowles writes veto letter to Senate President Pearce, vetoing CS for Sponsor Substitue for Senate Bill No. 181 (FIN), "An Act relating to tourist oriented directional signs that are 90 inches in width and 18 inches in height and to penalties for violations related to outdoor advertising." Directs DOT&PF to establish a task force (to include Division of Tourism and the visitor industry) to establish regulations for signing.

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June 1996

Veto-override attempt for SB 181 fails.

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August 1996

Department advertises in major newspapers, requesting public comment on the Department’s TODS policy. November 1996 Department’s TODS Task Force established.

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January 1997

Senator Green introduces SB56 (with cosponsors Senators Pearce and Mackie and Representatives Rokeberg and James). Bill amends AS 19.25.105 to add the following: 19.25.105(a)(6) "tourist oriented directional signs erected under (e) of this section."

and

19.25.105(d)(2) "tourist oriented directional signs erected under (e) of this section."

and

19.25.195(e) "The department shall establish a tourist oriented directional sign program. The department shall erect, or permit the erection of, directional signs for traveler oriented attractions and services within and outside of the rights-of-way of interstate, primary, and secondary highways in areas zoned industrial or commercial or in unzoned areas determined to be commercial or industrial areas. The signs may be erected on private land adjacent to the rights-of-way of interstate, primary, and secondary highways in this state if permission for the erection of the sign is granted by the owner of the private land. The sign, excluding posts, must be 90 inches in width and 18 inches in height and may contain only the name of the attraction or the business providing the attraction or service, an icon representing the attraction or service, the distance to the attraction or service, and a directional arrow. The department may except a sign from the width and height requirements of this subsection if the sign does not exceed 90 inches in width or 18 inches in height and the department finds that the exception is consistent with the purposes of this subsection. The location of directional signs within a right-of-way and the design and content of directional signs must be consistent with standards approved by the Federal Highway Administration. The department shall retain control over the location of directional signs. In scenic areas, the department shall control the location of directional signs in a manner that maintains the quality of scenic areas."

and changes the penalty for violation from a misdemeanor to a violation.

Tourist & Business Oriented Sign Task Force prepares a report for Commissioner Perkins, transmitting recommendations on ways of addressing Alaska’s tourist and business related sign needs while avoiding sign proliferation. Task Force recommends that the Department develop comprehensive sign regulations to include: TODS, RCIA, Logo Signs, General Service Signs, and Kiosks.

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March 1997

SB 56 passes the legislature.

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April 1997

Lt. Governor signs 17 AAC 60.001-995 regulations, setting an effective date of 5/18/97.

Governor Knowles vetoes SB 56.

Legislature votes to override Governor Knowles’ veto of SB 56.

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July 1997

Lt. Governor signs 17 AAC 60.930 and 950 regulations, setting an effective date of 8/14/97.

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November 1998

Ballot measure 5 passes, overturning provisions of SB 56, and further tightening AS 19.25 provisions. Intent language added in AS 19.25.075: "FINDINGS AND INTENT OF THE PEOPLE OF ALASKA. (a) The people of Alaska find that the presence of billboards visible from Alaska’s highways endangers Alaska’s uniqueness and its scenic beauty. (b) It is the intent of the people of the State of Alaska that Alaska shall forever remain free of billboards." Also increases penalty for violation to up to $5,000.

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January 20, 2002

(Lt. Governor signs regulations on 12/21/01) 17 AAC 05.060 through 17 ACC 05.070 - Memorial Sign Program become effective. The Memorial Sign Program provides relatives and friends of people fatally injured in highway crashes the opportunity to memorialize them by sponsoring the placement of a sign near the accident site; also providing a means to combat drunk driving and increase awareness of the need to drive safely and responsibly. This section of the regulations included application procedures, location requirements, and the wording on the Memorial Signs.

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March 01, 2002

(Lt. Governor signs regulations on 01/30/02) Encroachments, outdoor advertising, lane closure permits, recreational and cultural interest (RCIA) areas signs, traveler information kiosks, community services signs, general services signs, tourist signs, and administrative review and appeal procedures become effective:

17 AAC 05.045 adopted standards for the use of rest stops and pull outs on the state highway system.

17 AAC 10.011 allows the issuance of encroachment permits to government agencies for flags, decorative banners in highway rights of way, and informational signs informing motorists that they are entering a community. Amendments clarify the uses that are allowed in highway rights of way under encroachment permits.

New language codified as 17 AAC 20.010 through 17 AAC 20.013 for the regulation of outdoor advertising. The regulations implement AS 19.25.075 through AS 19.25.180.

New language codified as 17 AAC 20.017 establishes a permitting process for lane closures on highways to accommodate construction and maintenance activities on contiguous land.

Amendments for 17 AAC 60.205 and 17 AAC 60.210, enlarge the categories of activities that qualify for recreational and cultural interest area (RCIA) signs, and clarify the procedures for the issuance of RCIA sign permits.

The department repealed regulations found in 17 AAC 60.301 through 17 60.320, which relate to community services signs.

Amendments for 17 AAC 60.401 through 17 AAC 60.420, which relate to tourist information kiosks, allows them to address the needs of all travelers, clarifying the conditions of use under the revised information kiosk program and makes more specific the permitting process.

The department repealed the regulations found in 17 AAC 60.501 through 17 AAC 60.515, which related to general services signs.

Amendments to 17 AAC 60.915 incorporate by reference materials not previously included in the regulations or to reflect new materials published since the adoption of the regulations.

Amendments to 17 AAC 60.995 achieve consistency with the changes proposed to the regulations found in 17 AAC 60 as discussed above.

Amendments to 17 AAC 85.010 through 17 AAC 85.040 make clear the types of decisions that this appeal process applies to, streamlines the procedures and substitutes the title of chief engineer for the Director of Statewide Design and Engineering Services.

17 AAC 85.990 adopted definitions for the regulations found in 17 AAC 85.010 through 17 AAC 85.040.

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August 23, 2018

The American Civil Liberties Union, Alaskans for Dunleavy, and Eric Seibels filed a lawsuit regarding political campaign signs in and along the State’s right of way. The court issued an order clarifying that owners or occupants of private property located adjacent to State highway right of ways may place a small, temporary, political campaign sign on their property during election season provided they have not been paid to display the signs. The signs cannot be larger than 4 feet by 8 feet in size. The order does not allow political signs to be placed within State highway right of ways and it does not authorize other forms of outdoor advertising. See our campaign signs webpage for more information and watch for updates to the pending court case on the matter.