20. Driveways and approach roads.
30. Driveway and road approach permits and utilities.
60. Driveways not part of highway construction.
(a) A driveway or approach road constructed under permit within a highway right-of-way is the property of the state, but all cost and liability arising from the construction, operation, or maintenance of a driveway or approach road is at the sole expense of those lands served. The department is not obligated to change its maintenance practices to accommodate a driveway or approach road constructed under a permit, or to incur any additional expense removing snow berms or other obstructions from a driveway or approach road within a right-of-way resulting from the department's activities, or activities under a permit issued under 17 AAC 15.
(b) A permittee under this section shall construct and maintain a driveway or approach road in such a manner that the highway, and all of the highway's appurtenances or facilities, including drainage facilities, pipes, culverts, ditches, traffic control devices, street lights, pathways, and sidewalks are not impaired or endangered in any way by the construction or maintenance. The department will include in a permit express conditions that provide for the enforcement of this subsection and (a) of this section.
(c) In a driveway or approach road permit, except for a driveway or approach road included in a utility permit described in 17 AAC 15, the department will include a clause that requires the permittee to adjust or relocate the driveway or approach road without cost or liability to the department if the use or safety of the highway requires that the driveway or approach road be adjusted or relocated. The department also will include in the permit a requirement that the permittee shall indemnify, defend, and hold harmless the state, or officers, agents, employees, and contractors of the state in any matters pertaining to the driveway or approach road, and that the permittee shall assume all liability or cost in connection with the driveway or approach road.
(d) The department will, in its discretion, issue a permit for a driveway or approach road on any highway that is not a controlled access facility, if the department determines that the driveway or approach road is proposed to be located in a manner that is consistent with the requirements of 17 AAC 10.040, this is compatible with the public safety, and that does not interfere with the use of the highway. In the permit, the department will require that the permittee, the permittee's heirs, and the permittee's successors in interest, or assignees shall assume all cost and liability occasioned by either the construction or maintenance of the driveway or approach road.
(e) If a driveway or approach road that provides ingress to or egress from adjoining land is replaced during a project to construct or reconstruct a highway, the department, as a cost of construction, will, in its discretion, replace the driveway or approach road in a manner and location consistent with the requirements of 17 AAC 10.040.
(f) Repealed 5/4/2000.
(g) The burden and cost of maintaining a driveway or approach road within a highway right-of-way is upon the lands served by a driveway or approach road. A driveway or approach road must be maintained to conform the requirements of 17 AAC 10.040 and to accepted engineering practice. The department is not obligated to remove snow berms plowed into a driveway or approach road during its highway snow removal activities. A permittee may not plow snow from a driveway or approach road onto a highway, or interfere with highway drainage structures.
(h) If an emergency situation arises from the use, operation, or maintenance of a driveway or approach road issued a permit under this section or 17 AAC 10.060, that compromises the design or safety of a highway, and the department lacks sufficient time to contact the permittee or a permittee's heirs, successors in interest, or assignees to correct the situation, the department will, in its discretion, take whatever steps necessary to cure the situation and recover the costs of the cure from the person responsible for the operation and maintenance of the driveway or approach road.
History: Eff. 6/25/69, Register 30; am 5/4/2000, Register 154
Authority: AS 19.05.020
AS 19.05.040
AS 19.30.051
AS 19.30.121
AS 19.40.065
AS 44.42.030
Editor's note: Before 6/25/1969, Register 30, the subject matter of 17 AAC 10.020(a) - (f) was located at former 14 AAC 2.361 - 14 AAC 2.366, and the subject matter of 17 AAC 10.020(g) - (h) was located at former 14 AAC 2.390(g) and (h), filed in the Lieutenant Governor's Office on September 24, 1959.
The finished grade of a proposed driveway or road approach may not be less than the minimum vertical clearance requirements of 17 AAC 15.201 or the minimum depth-of-bury requirements of 17 AAC 15.211. The department will, in its discretion, grant a permit to an applicant who arranges with the owners of the affected utility facilities to adjust the facilities, at no cost to the department, to conform to the requirements of 17 AAC 15.
History: Eff. 5/23/82, Register 82
Authority: AS 19.05.020
AS 19.05.040
AS 19.30.051
AS 19.30.121
AS 19.40.065
Ingress and egress to highway rights-of-way for driveways, approach roads, and service roads or trails are subject to the requirements of 17 AAC 10.020 - 17 AAC 10.080 and the Driveway Standards section, revised as of December 1998 and adopted by reference, of the department's Preconstruction Manual.
History: Eff. 5/23/82, Register 82; am 5/18/88, Register 106; am 5/4/2000, Register 154
Authority: AS 19.05.020
AS 19.05.040
AS 19.30.051
AS 19.30.121
AS 19.40.065
AS 44.42.030
Editor's note: The Driveway Standards section of the department's Preconstruction Manual may be viewed at the department's regional offices in Anchorage, Fairbanks, and Juneau. Copies may be obtained by writing the Division of Statewide Design and Engineering Services, Department of Transportation and Public Facilities, 3132 Channel Drive, Juneau, AK 99801-7898.
Repealed.
History: Eff. 5/23/82, Register 82; repealed 5/4/2000, Register 154
Editor's note: Definitions for 17 AAC 10 are now located at 17 AAC 10.990.
(a) An owner of land must apply for a permit under this section if the
(1) land is serviced by a driveway or approach road
(A) that was constructed as part of a highway construction project after January 1, 2000, and for which a permit was issued before January 1, 2000; or
(B) for which a permit has not been issued; and
(2) owner proposes to
(A) install a driveway or approach road to provide a new access;
(B) change the width, grade, slope, or radius of an existing driveway or approach road; or
(C) change the land use for the land provided access, if the projected increase in traffic onto the land increases
(i) from fewer than 20 to more than 25 vehicle trips during any hour of the day; or
(ii) by more than 100 vehicle trips during any hour of the day.
(b) The permit application must be submitted and the permit will be issued on forms prescribed by the department. In the permit the department will incorporate by reference the provisions of 17 AAC 10.020, describe the land served by the driveway or approach road, and bind a permittee and a permittee's heirs, successors in interest, or assignees to the terms of the permit.
(c) If a development is projected to generate more than 100 vehicle trips on a highway during any hour of the day, or the traffic generated is expected to detract from the safety of the highway, an applicant must perform a traffic impact analysis that meets the requirements of 17 AAC 10.070.
(d) Except for municipalities where no approval is required under ordinance, unless the access sought is approved by the appropriate planning and zoning authorities, the department will not approve a permit under this section.
History: Eff. 5/4/2000, Register 154