11 AAC 53.640 - Dedication to public

(a) Each right-of-way, easement, or other public area shown on the plat is dedicated to public use under AS 40.15.030. By a note or certificate on the plat, the department will accept a dedication under AS 40.15.030. Acceptance for public use does not obligate the department, any governing body, or the public to construct, operate, maintain, or manage improvements.

(b) Rights-of-way must be dedicated for access to all lots within the subdivision. Dedications must be sufficient to carry all traffic generated by the subdivision and projected to travel through it and must be sufficient to provide for the maneuvering of emergency vehicles.

(c) This subsection applies to a public right-of-way or easement the department acquires by dedication and acceptance under this section. An owner of land within a platted subdivision is not required to obtain a permit from the department under 11 AAC 96 in order to

(1) design, build, sign, and maintain a public road on the public right-of-way or easement;

(2) allow the installation of public utilities on, over, or under the public right-of-way or easement, if they do not impair public access; or

(3) install customary private appurtenances, including a driveway, culvert, mailbox, and address signpost, if they do not impair public access on the public right-of-way or easement.

(d) The provisions of (c) of this section do not

(1) apply to a public right-of-way or easement that the department

(A) reserves when the department subdivides state land; or

(B) acquires by any means other than by the exercise of the department's platting authority; or

(2) waive either the permit requirements of another agency or any requirement of the department other than the permit requirements of 11 AAC 96.

Notes

11 AAC 53.640

Eff. 7/5/2001, Register 159

Authority:AS 40.15.030

AS 40.15.300

AS 40.15.370