17 AAC 15.021. Application for utility permit

(a) Application for issuance of a utility permit must be made on a form prescribed by the department.

(b) The application must describe in detail the type of facility and its proposed location within the department right-of-way or other location. The application must include plans, specifications, and other pertinent data. A diagram or drawing showing the location of all known overhead, surface, and underground facilities existing in the vicinity of the proposed facility must also be included with the application.

(c) If a utility facility covered by an existing permit is to be reconstructed or modified substantially, the permittee shall apply for a new permit. If the proposed modifications are not substantial, the permittee need only apply for an amended permit. In either case the application must comply with (b) of this section.

(d) The applicant shall notify all known utilities in the immediate vicinity of the proposed installation.

(e) Permit applications for pipeline installations must describe the nature of the substance to be transmitted; the maximum working, test, and design pressures; and the design standards for the pipe. When it is anticipated that there will be a change in the nature of the substance that is transmitted, or an increase in maximum design pressure from that specified in the permit, the permittee shall obtain, in advance, written department approval for the change.

(f) If a utility proposes to locate a facility within a department highway right-of-way within a national forest, national park, military reservation, or other land of the federal government, the utility shall obtain written approval from the appropriate controlling federal agency.

(g) If a utility proposes to locate a facility within a department right-of-way that crosses navigable water, the utility shall obtain written approval from the U.S. Army Corps of Engineers or the U.S. Coast Guard.

(h) If a utility proposes to locate a facility within a department right-of-way which passes through restricted Native allotment land, the utility shall obtain written approval from the Bureau of Indian Affairs.

(i) If a utility proposes to locate a facility within a department right-of-way which passes through Bureau of Land Management land, the utility shall obtain written approval from the Bureau of Land Management.

(j) If a utility proposes to locate a facility within a department right-of-way that crosses a river, lake, or stream specified in the List of Waters Important to Anadromous Fish in 11 AAC 195.010, the utility shall obtain written approval from the deputy commissioner of natural resources.

(k) If a utility proposes to locate an overhead facility within a department right-of-way located within two statute miles of any airport, airstrip, or private air facility, the utility shall obtain written approval from the Federal Aviation Administration or, if the airport or airstrip is under military control, from the appropriate military command.

( l ) Applications not approved by the department will be returned to the applicant accompanied by a letter of explanation.

History: Eff. 5/23/82, Register 82

Authority: AS 02.15.020

Editor's note: Utility permit application forms may be obtained from the regional offices of the Department of Transportation and Public Facilities located in Juneau, Anchorage, and Fairbanks, Alaska.

Copies of the Catalog of Waters Important for Spawning, Rearing or Migration of Anadromous Fishes (List of Waters Important to Anadromous Fish) may be obtained from the Department of Natural Resources, Office of Habitat Management and Permitting, 400 Willoughby Avenue, 4th Floor, Juneau, Alaska 99802-5526, or from area offices of the Department of Natural Resources, Office of Habitat Management and Permitting, in Juneau, Anchorage, and Fairbanks.

As of Register 166 (July 2003), and acting under AS 44.62.125 (b)(6), the regulations attorney made technical changes to 17 AAC 15.021(j) , to reflect Executive Order 107 (2003). Executive Order 107 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Fish and Game to the Department of Natural Resources.

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