(a) A person who wishes the use of a highway right-of-way for access to, or construction and maintenance activities related to, physically contiguous land during the construction, alteration, or maintenance of improvements, or to allow access to utility facilities for which a permit has been issued under 17 AAC 15, may apply to the department for a lane closure permit by submitting a completed lane closure permit application to the department representative specified on the application together with a nonrefundable $100 application fee. An application must be completed and signed by the applicant and must include the following:
(1) a description of the proposed use of the highway right-of-way including the location of the right-of-way, described by its centerline stationing on the particular highway;
(2) the duration of the proposed lane closure;
(3) a traffic control plan that considers the risks to the traveling public and to any individuals occupying the right-of-way under the permit for the purposes specified, and the steps that will be taken to protect these individuals and the traveling public from the identified risks;
(4) if the highway right-of-way sought to be occupied lies within a municipality, documentation that the applicant has sought each permit or authorization, if any, that the municipality requires for the activity.
(b) The traffic control plan prepared under (a)(3) of this section shall be prepared and implemented in accordance with the relevant provisions of the Alaska Traffic Manual, adopted by reference in 17 AAC 20.950.
(c) Within 30 days after the date that the department receives a correctly completed application submitted under (a) of this section, the department will review the application and send a written determination to the applicant informing that person whether the department will grant the request for a lane closure permit. The department will grant the request if the department determines that the proposed activity will not pose an unreasonable risk to the traveling public, public safety, or any individual occupying the right-of-way under the permit for the purposes specified.
(d) An applicant aggrieved by the denial of a permit under this section or permit conditions imposed under (e) of this section may appeal under 17 AAC 85.
(e) The department may issue a lane closure permit subject to conditions that the department considers to be in the state's best interest or to be necessary to protect the traveling public, including the following:
(1) the applicant must erect upon the highway temporary barriers of a type and at locations that the department considers will best protect the public;
(2) the applicant must post signs, warning devices, or notices of any lane closure; those signs, warning devices, or notices must be of a type, and must be placed at locations that the department considers will best protect the public;
(3) the applicant must post signs for the direction of traffic; those signs must be of a type, and must be placed at locations that the department considers will best protect the public;
(4) the applicant must assign a flagger as the department considers necessary to warn, detour, or direct traffic on the highway;
(5) the applicant must take any additional steps that the department considers necessary to maximize safety for individuals in the highway right-of-way under the permit and the traveling public while minimizing delay to the traveling public;
(6) the applicant must agree to provide, consistent with state law, proof of insurance in a form and amount acceptable to the department to provide indemnification as described in (7) of this subsection, with the state and its officers, agents, and employees listed as additional insureds;
(7) the applicant must agree to indemnify and hold harmless, consistent with state law, the state and its officers, agents, and employees for any third-party claims arising from the permitted activity;
(8) the applicant must agree, consistent with state law, to waive any claims it may have against the state and its officers, agents, and employees arising from the permitted activity.
History: Eff. 3/1/2002, Register 161
Authority: AS 19.05.010