17 AAC 15.271. Right-of-way clearing and restoration

(a) Clearing for utility facility installations within department rights-of-way must be kept to the minimum that is necessary to accommodate the installation, construction, operation, and maintenance of the facility. Indiscriminate cutting of trees or the disfiguration of any feature of scenic value will not be permitted.

(b) A utility may use chemical sprays only in compliance with applicable federal and state statutes and regulations.

(d) The department will, in its discretion, require the permittee to restore or replace, at his expense, trees or shrubbery damaged or disturbed during the construction. Any damage to private property must be remedied as directed by the department.

(e) All excavated material in excess of the quantity required for backfill in a department right-of-way must be hauled by the permittee, at his cost and expense, and stockpiled as specified by the department. All unusable material must be disposed of at the permittee's expense and may not be placed within the limits of a department right-of-way unless approved by the department.

(f) Each utility shall maintain temporary pavement patches to provide a smooth all-weather surface at all times. Permanent replacement of the temporary patches must be made as soon as practicable after all other work under the permit is completed.

(g) The department will, in its discretion, require seeding or sodding of the construction area to prevent soil erosion or to replace the natural vegetative cover. Seeding and sodding operations must comply with the 1981 Edition of the Alaska Standard Specifications for Highway Construction and the special provisions of the utility permit. Any area of right-of-way that is adjacent to private property and which has a protective vegetative cover must be fully restored.

(h) The department will notify the permittee of cleanup and restoration work that has not been satisfactorily performed in accordance with the provisions of the utility permit and will specify a date for completion of the corrective work. The department will, in its discretion, perform the cleanup and restoration work that has not been completed to the satisfaction of the department by the specified date. The permittee shall reimburse the department for all work done by the department.

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

Authority: AS 02.15.020

Editor's note: Copies of Alaska Standard Specification for Highway Construction - 1981 may be obtained from Department of Transportation and Public Facilities, standards and technical services division, P.O. Box 3-1000, Juneau, Alaska 99802.

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