17 AAC 20.017 - Lane closure permits
(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.
Notes
Authority:AS 19.05.010
AS 19.05.020
AS 19.25.040
AS 44.42.030
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