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RAPID

Regulatory and Permitting Information Desktop Toolkit

Alaska Driveway and Approach Road Permit for DOT&PF ROW (3-AK-k)

In Alaska, a developer must obtain a ADOT&PF Permit to Construct and Maintain a Driveway or Approach Road on a Highway Right-of-Way (Approach Road Permit) from the Alaska Department of Transportation and Public Facilities (DOT&PF) prior to constructing or modifying a driveway or approach road that will encroach upon a DOT&PF ROW. 17 AAC § 10.060(a)(2)(A)-(B). A "driveway" or "approach road" is any area that provides for movement of traffic between a state highway located within a DOT&PF ROW and an adjacent property, via the area of the right-of-way between the edge of the pavement or traveled way and the adjacent property area that is not encumbered by the right-of-way. 17 AAC § 10.990(3). A developer must also obtain an Approach Road Permit to change the use of the land for which the approach road or driveway was constructed, if the change in use will result in additional traffic above the limits described in 17 AAC § 10.060(a)(2)(C). Permitting of driveways and approach roads which access DOT&PF ROW’s are regulated and permitted by the DOT&PF pursuant to 17 AAC § 10 and under the authority of Alaska Stat. § 19.05.010-19.05.040.


Driveway and Approach Road Permit for DOT&PF ROW Process

3-AK-k.1 to 3-AK-k.2 - Will Driveway or Approach Road Encroach Upon a Controlled Access ADOT&PF ROW?

If the driveway or approach road will encroach upon a controlled access ADOT&PF ROW, additional requirements may apply in the permitting process, and the DOT&PF may attach additional conditions to an approach road permit. The developer should consult with agency personnel to ensure all such additional conditions and requirements are met.

3-AK-k.3 - Will the Developer Need to Construct or Modify a Utility within an ADOT&PF ROW?

To construct or modify a utility within an DOT&PF ROW, a developer must apply for a Utility Permit to Construct on a DOT&PF Right-of-Way (Utility Encroachment Permit) issued under the process outlined in 17 AAC § 15.011 et. seq.. 17 AAC § 10.030.

3-AK-k.4 - Initiate Utility Permit Process

Utility Encroachment Permits authorize activities reasonably required for the construction, maintenance, or operation of utility facilities that encroach upon an ADOT&PF ROW. 17 AAC § 15.011(b). For a description of the Utilities Permit authorization process, see:

Utility Permit to Construct on ADOT&PF ROW:
3-AK-g

3-AK-k.5 – Is the Driveway or Approach Road Expected to Generate More than 100 Vehicle Trips per Hour or Detract from the Safety of the Highway?

If the access road or driveway is projected to generate more than 100 vehicle trips on a highway during any hour of the day, or if the new traffic may detract from the safety of the highway, the developer must perform a traffic impact analysis (TIA) for the project. 17 AAC § 10.060(c); Approach Road Application, at 2-3. If the access road or driveway is not projected to generate more than 100 vehicle trips on a highway during any hour of the day and new traffic will not detract from the safety of the highway, the developer may proceed with preparing the rest of the information required for the Approach Road Permit Application.

3-AK-k.6 – Prepare Traffic Impact Analysis

The TIA must compute the traffic generated by the development in accordance with the Institute of Traffic Engineers' Trip Generation Handbook (1997), and the DOT&PF may also require a traffic impact analysis based on local traffic generation values. The TIA must also be prepared by an engineer licensed within the state of Alaska, and all Level of Service (LOS) and operational analysis for the TIA must be performed in accordance with the Transportation Research Board's publication Special Report 209, Highway Capacity Manual (1997 Update). 17 AAC § 10.070(a)-(b).

All traffic impact analyses must address/identify the following:

  • Any intersections on highways where the traffic on any approach is expected to increase by at least 5% of that approach’s capacity as a result of the proposed development;
  • Any segments of highways between intersections where the total traffic is expected to increase by at least 5% of the segments’ capacity as a result of the proposed development;
  • Any state highways and intersections where the safety of road facilities will deteriorate as a result of the traffic generated by the development;
  • Each driveway or approach road for the proposed development that will provide for movement to and from a highway;
  • The parking and circulation routes included within the proposed development, to the extent necessary to ensure that traffic does not back up onto a highway;
  • Any pedestrian and/or bicycle facilities that are part of highway facilities to which the developer seeks access.
  • Any locations where road improvements are necessary to mitigate traffic impacts and prevent unacceptable Levels of Service (LOS) (see 17 AAC § 10.070(f)(1) for more specifications);
  • Any road improvement alternatives that will achieve an acceptable LOS or minimize degradation of service below an already unacceptable LOS on the opening date of the development and in the design year of the development (for a development expected to generate 250 or more vehicle trips during the peak hour of the adjacent highway on the opening date of the development);
  • Any bicycle or pedestrian improvements necessary to accommodate bicycle and pedestrian traffic (as negotiated between the developer and the DOT&PF);
  • Any improvements needed for internal circulation and parking plans.

17 AAC § 10.070(c), (f).

Traffic impact analyses for developments expected to generate less than 250 vehicle trips during the peak traffic hour of an adjacent highway must also consider the following:

  • The projected traffic at the development's anticipated opening date, excluding the traffic generated by the development; and
  • The projected traffic at the development's anticipated opening date, including the traffic generated by the development.

17 AAC § 10.070(d).

Traffic impact analyses for developments expected to generate 250 or more vehicle trips during the peak traffic hour of an adjacent highway must consider the following:

  • The projected traffic in the design year of the proposed development, excluding traffic generated by the development; and
  • The projected traffic for the design year for the proposed development, including the traffic generated by the development.

17 AAC § 10.070(d).

3-AK-k.7 – Approach Road Permit Application

The developer must submit the Approach Road Permit application to the DOT&PF at least at least 60 days before the date construction is planned to begin. The Application for the Approach Road Permit must contain the following:

For a Driveway Permit:

  • A clean, legible copy or an original copy of a recorded subdivision plat (11” x 17”). The plat must contain the plat notes. A recorded subdivision plan can be obtained from the Alaska Department of Natural Resources Recorder’s Office. If a plat is not available, a recorded waiver resolution or recorded waiver subdivision is acceptable.
  • Site plan of the property served by the driveway which indicates the location of proposed driveway, any related parking arrangements, the location of all existing or proposed improvements
  • Proof of ownership or the property lease agreement, showing authorization to obligate the owner and land.
  • A Traffic Impact Analysis if the driveway will be for a commercial site that will generate more than 100 vehicles per hour.
  • Complete, original, signed and dated application form.

Note: The retainer fee for the project is determined when the application is submitted.

Approach Road Application, at 2.

For an Approach Road Permit:

  • Engineered drawings (half size maximum - 11” x 17”) containing a Professional Engineer (PE) Stamp and the required information listed in the Approach Road Application, at 3.
  • The recorded existing subdivision/property plat with notes
  • The proposed plat – an engineer-stamped plan set of the proposed design
  • Proof of ownership of the property which will be accessed from the state highway.
  • A retainer fee of $5,000, submitted with the application. The retainer fee will be used for staff time in completing the review process. Any remaining balance will be refunded after the road is constructed and inspected to assure it is built to standard and as-built plans have been submitted to DOT&PF.
  • A Traffic Impact Analysis if the access road will generate more than 100 vehicles per hour
  • A complete, original, signed and dated application form.

Approach Road Application, at 3.

3-AK-k.8 - Review Application

Upon receipt of application materials, ADOT&PF will review the materials and decide whether to approve the application and issue the Approach Road Permit. 17 AAC § 10.020(d). The review process may involve review and approval of project plans by appropriate zoning and planning authorities in addition to review by the DOT&PF. 17 AAC § 10.060(d).

3-AK-k.9 – Implement Required Mitigation Steps (If Applicable)

For approach roads or driveways which are expected to generate more than 100 vehicle trips per hour or which may detract from the safety of the highway, the DOT&PF will not issue the Approach Road Permit until the developer has taken steps to mitigate adverse effects on traffic flow, as selected by the DOT&PF during the application review process and based on the Traffic Impact Analysis prepared by the developer. 17 AAC § 10.070(g). The developer must carry out the mitigation process in compliance with the requirements outlined in 17 AAC § 10.075.

3-AK-k.10 - Was the Application Approved?

The DOT&PF will issue the Approach Road Permit if the DOT&PF determines that the proposed driveway or approach road is compatible with the public safety, does not interfere with the use of the highway, and will be located in a manner that is consistent with regulatory requirements of 17 AAC § 10.040. 17 AAC § 10.020(d). Except for projects located within municipalities where city ordinances do not require approval from planning and zoning authorities, the DOT&PF will not approve an Approach Road Permit unless the project plans are also approved by the appropriate planning and zoning authorities during the review process. 17 AAC § 10.060(d).

3-AK-k.11 – Pay Required Fees

For approach roads or driveways expected to generate more than 100 vehicle trips per hour or which may detract from the safety of the highway:

  • The developer must pay a nonrefundable application fee of $100 at the time they submit the application;
  • The developer must also pay a retainer fee to the DOT&PF in the amount of $5,000 or 25% of a sum agreed upon between the developer and the DOT&PF for the review of the permit and inspection of any required mitigation efforts. The DOT&PF will deposit the retainer fee into a non-interest bearing trust account created for the developer. Amounts billed for the application review and any inspections will be withdrawn from the account until the process is complete or the account balance is exhausted. If the account balance is exhausted before the application review process is complete, the developer must then pay any remaining bills as they are issued. If the DOT&PF issues the permit before the account balance is exhausted, the DOT&PF will refund the remaining amount in the account to the developer.
  • Failure by the developer to pay required bills is grounds for permit denial.

17 AAC § 10.065(a)-(b).

For approach roads or driveways not expected to generate more than 100 vehicle trips per hour or to detract from the safety of the highway:

  • The Developer must pay a $500 performance deposit to the DOT&PF to help cover any actual expenses the DOT&PF may incur should it have to remove a driveway or approach road that was incorrectly installed or cure any defects relating to the physical features of the driveway or approach road. If the developer constructs a driveway or approach road in a manner consistent with the permit issued and the provisions of 17 AAC § 10.040, the DOT&PF will refund the performance deposit upon inspection by the DOT&PF. The DOT&PF will not assess against the developer any expenses of removal or cure that exceed $500 unless the costs are associated with restoring or repairing drainage structures or other highway appurtenances, or restoring or repairing a roadway prism that is damaged during the installation of a driveway or approach road. In such cases, the developer must reimburse the DOT&PF for the costs of the work. If the actual expenses of removal or cure are less than $500, the DOT&PFwill refund to the permittee the remaining balance of the performance deposit. The DOT&PF will place a performance deposit in a non-interest bearing trust account.

17 AAC § 10.065(c).

For driveways or approach roads with projected construction costs of less than $1,500 (as determined by the DOT&PF), the DOT&PF may, in its discretion, waive the requirement for payment of the performance deposit if the developer meets the following conditions:

  • The developer has not violated the terms of any other driveway or approach road permit issued under the provisions of 17 AAC § 10.020 or 17 AAC § 10.060; and
  • Any deviation from accepted design practices will not compromise the design or safety of the highway.

17 AAC § 10.065(d).

3-AK-k.12 – Approach Road Permit

After approving the application, the Alaska Department of Transportation and Public Facilities issues the Approach Road Permit. Driveways and approach roads constructed within a DOT&PF ROW are the property of the state, but the developer must bear any cost and liability arising from the construction, operation, or maintenance of the driveways or approach roads. 17 AAC § 10.020(a). The developer must ensure that the driveway or approach road does not impair or endanger any of the highways appurtenances or facilities. 17 AAC § 10.020(b). The driveway or approach road must therefore be maintained in a manner consistent with the requirements of 17 AAC § 15.201 and the Alaska Highway Preconstruction Manual § 1190, as well as to accepted engineering standards. 17 AAC § 10.030; 17 AAC § 10.040. If the safety or use of the highway requires adjustments or relocation of the driveway or approach road, the developer must bear the cost of such work. 17 AAC § 10.020(c). However, if the approach road or driveway is replaced during construction or reconstruction on the highway, the DOT&PF will replace the driveway or approach road in a manner consistent with regulatory requirements. 17 AAC § 10.020(e). In the case of an emergency which compromises the design and safety of the highway, arising from the use, operation, or maintenance of the driveway or approach road, and the DOT&PF lacks sufficient time to contact the developer, the DOT&PF may take any steps necessary to resolve the issue and to recover the costs from the developer. 17 AAC § 10.020(h).

3-AK-k.13 – Appeal Decision (If Applicable)

If the DOT&PF denies the developer’s request for an Approach Road Permit, or if the developer is dissatisfied with any conditions attached to the Approach Road Permit as issued, the developer may appeal the decision by following the process and requirements outlined under 17 AAC 85.010-85.990. 17 AAC 10.950. To initiate the appeals process, the developer must submit a notice of the appeal to the director of the regional DOT&PF office where the decision was made within 30 days after receiving notification of the DOT&PF’s decision. 17 AAC 85.020.




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Edit Alaska Department of Transportation and Public Facilities
Statewide Right-of-Way Chief
907-465-6954
heatherabbazabbafair@alaskaabbazabbagov