17 AAC 10.065. Fees

(a) Except for an application for a permit to which 17 AAC 10.060(c) applies, an applicant for a driveway or approach road permit under 17 AAC 10.060 shall pay a nonrefundable application fee of $100 when an application is submitted.

(b) An applicant for a permit, to which 17 AAC 10.060(c) applies, shall pay to the department a retainer that is the lesser of $5,000 or 25 percent of a sum to which the applicant and the department have agreed for the review of the permit application and any inspection of mitigation efforts that is necessary under 17 AAC 10.075. When the department receives the retainer amount agreed upon, the department will establish a non-interest bearing trust account for the applicant, and credit the retainer to the account. As the department bills its fees for the review of the permit application or inspection of mitigation efforts, those fees will be charged against the retainer credit balance in the account, and the billing will reflect the remaining credit balance. After the credit balance is exhausted, the applicant shall pay the billings as they are presented. After a permit is issued under 17 AAC 10.080 the department will refund the remaining balance, if any, to the applicant. Failure by an applicant to pay any billing, at the time all necessary mitigation efforts are completed, is a basis to deny issuance of a permit.

(c) A permittee for a driveway or approach road that is not subject to 17 AAC 10.060(c) shall pay a $500 performance deposit to the department to reimburse the department for any actual expenses that the department incurs removing a driveway or approach road that was incorrectly installed, or curing any defects that relate to the physical features of the driveway or approach road. If a permittee constructs a driveway or approach road in a manner consistent with the permit issued and the provisions of 17 AAC 10.040, the department will refund the performance deposit upon inspection by the department. Except for recovering the cost of restoring or repairing drainage structures, other appurtenances to a highway, or a roadway prism that are damaged during the installation of a driveway or approach road, the department will not assess against a permittee any expenses of removal or cure that exceed $500. If the actual expenses of removal or cure are less than $500, the department will refund to the permittee the remaining balance of the performance deposit. The department will place a performance deposit in a non-interest bearing trust account. If a permittee's activities damage drainage structures, other appurtenances to a highway, or a roadway prism, a permittee shall reimburse the department for the actual costs of restoration and repair.

(d) If a permitted driveway or approach road has a projected construction cost of less than $1,500, as determined by the department, the department will, in its discretion, waive the payment of the performance deposit under this section, if

(1) the permittee 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

(2) deviation from accepted design practices will not compromise the design or safety of the highway.

(e) The department will, in its discretion, waive the fees under this section for governmental agencies that allow reciprocal waiver provisions for similar permits under their programs.

History: Eff. 5/4/2000, Register 154

Authority: AS 19.05.020

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