17 Alaska Admin. Code § 15.021

Current through May 31, 2024

Section 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 5 AAC 95.011, the utility shall obtain written approval from the Alaska Department of Fish and Game.

(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.

17 AAC 15.021

Eff. 5/23/82, Register 82

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 for a specified region may be obtained by writing to the Department of Fish and Game (ADF&G), Division of Sport Fish, 333 Raspberry Road, Anchorage, AK 99518-1599. Electronic copies may also be viewed through the Department of Fish and Game's website at http://www.sf.adfg.state.ak.us/SARR/AW C/AWC_catalogs.cfm

Copies of the entire An Atlas to the Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fishes are available for examination at the ADF&G, Division of Habitat offices in Anchorage, Douglas, and Juneau. Copies are also available for viewing at the Alaska State Library in Juneau and the ARLIS Library in Anchorage.

Copies of regional volumes of the atlas for the region of the state where they are located are available for examination at the ADF&G offices in Anchorage, Bethel, Cold Bay, Cordova, Craig, Delta Junction, Dillingham, Douglas, Dutch Harbor, Fairbanks, Glennallen, Haines, Homer, Juneau, Ketchikan, King Salmon, Kodiak, Nome, Palmer, Petersburg, Sand Point, Sitka, Soldotna, Tok, Wrangell, and Yakutat. An electronic equivalent may also be viewed through the ADF&G website at http://www.sf.adfg.state.ak.us/SARR/AWC/index.cfm/FA/intro.catalog, or http:/www.sf.adfg.state.ak.us/SARR/AWC/index.cfm/FA/maps.maps.

As of Register 186 (July 2008), 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 114 (2008). Executive Order 114 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Natural Resources to the Department of Fish and Game.

Authority:AS 02.15.020

AS 02.15.102

AS 02.15.106

AS 19.05.020

AS 19.05.040

AS 19.20.090

AS 19.25.010

AS 19.25.200

AS 19.30.051

AS 19.30.121

AS 19.40.065

AS 35.05.020

AS 35.10.210

AS 35.10.230

AS 44.42.030