1. (a) A utility facility may not be installed within the controlled-access limits of a highway unless the utility demonstrates to the satisfaction of the department that

   1. (1) a feasible alternative does not exist; and
   2. (2) the proposed utility facility will not adversely affect the design, construction, maintenance, safety, or operation of the highway.

2. (b) Access for maintenance of a utility facility located within controlled-access limits of a highway or from the entrance or exit ramp of a highway is prohibited, except if

   1. (1) alternate locations and means of access are unavailable or impractical due to terrain and environmental constraints; and
   2. (2) that use will not adversely affect safety and traffic operation, or damage the highway, a highway structure, or a department installation.

3. (c) Where an existing highway will be or has been converted to a controlled-access highway, the department may

   1. (1) relocate any existing facility that can be maintained only from the proposed controlled access of a highway or its entrance or exit ramps; or
   2. (2) make other provisions to maintain any existing facility without using access from the highway or its entrance or exit ramps; or
   3. (3) allow access as set out in (b) of this section.

(Eff. 5/23/82, Register 82; am 7/15/2009, Register 191)

Authority: AS 19.05.020, AS 19.25.010, AS 44.42.020, AS 19.05.040, AS 19.25.200, AS 44.42.030, AS 19.20.030, AS 19.30.121, AS 19.20.070, AS 19.40.065