What is a Right-of-Way (ROW)?
Simply stated, a highway right-of-way is an identified strip of land reserved for transportation improvements. The right-of-way includes not only the road surface, but can extend well beyond the edge of pavement, sometimes as far as 200 feet and more.

What is an Easement?
Generally speaking, an easement is the right to use all or part of the property of another person for some specific purpose. Easements can be permanent or temporary (i.e., limited to a stated period of time). Easements are created for a variety of purposes, including public access, utilities, drainage, pipelines, or pole lines.

Interstate and primary highway easements were granted to the State of Alaska by the Federal Government through Public Land Orders (PLO). Other easements were acquired through Notices of Utilization filed by Department of Transportation and Public Facilities (DOT&PF), and some were purchased from adjoining land owners for a specific purpose.

How Are They Different?
A common statement by property owners with a highway easement is “I (the property owner) own the land to the center of the road.” Although technically correct, when DOT&PF has an easement on your property, it is usually for 90% interest in the land. However, you (the property owner) do retain the right to include the square footage in your property inventory and to plant grass (all other landscaping, or removal of landscaping, would require a permit).

Why Does DOT&PF Manage Alaska’s ROWs?
1. Safety
2. Alaskans voted to keep their highways free of
    illegal billboards and signs
3. State and federal laws
4. Funding

How Does DOT&PF Manage Alaska’s ROWs?
1. Plat review
2. Permits
3. Inspections
4. Enforcement and removal

What Uses are Allowed in the Right-of-Way?
Uses of the right-of-way include, but are not limited to, construction and maintenance of the traveled roadway, foot paths, bike paths, frontage roads, pullouts, parking areas, placement of utilities, and other public uses as DOT&PF deems necessary for the welfare of the public.

What Improvements are Permitted in the Right-of-Way?
Improvements within a right-of-way such as beautification, awnings, customer parking, and driveways (see exceptions in 17 AAC 10.011[c]) require a Right-of-Way Encroachment Permit. When requested, a permit may be issued to a landowner with property along a highway for any lawful use. Right-of-Way Encroachment Permits are also required for a municipality, state agency, or federal agency.

What is an Encroachment?
An unpermitted encroachment is an unauthorized use of a right-of-way or easement by improvements, objects, items, or obstructions. This can include, but is not limited to, driveways that have not been permitted by DOT&PF, signs, cars, fences, and buildings. Other unauthorized encroachments in the right-of-way include personal items and vehicles parked “for sale.” It also includes stand-alone businesses such as hot dog stands, firewood sales, sandbag sales, souvenir sales, and espresso wagons. Most encroachments will be cited and given a time limit to be removed or corrected. Some encroachments, such as signs, ropes, cables, or blockages of any kind in or across the right-of-way may create a safety hazard and need to be removed immediately by DOT&PF at owner expense. For example, ropes and cables placed across driveways have maimed or killed travelers.

Outdoor Advertising
Outdoor advertising is advertising visible from the road. This includes political advertising. Even when the sign is located outside the right-of-way, on private property, if it advertises for a business or some activity located somewhere else, it is illegal. Illegal outdoor advertising may include, but is not limited to, business signs, real estate signs advertising property for sale at another location, vehicles with advertising painted or posted on the side when parked and left, etc.

In response to public demand to preserve the unique and scenic beauty along Alaska’s highways, DOT&PF regularly inspects for and identifies encroachments and illegal outdoor advertising along state roads and highways. This is done for (1) the continued safety of the traveling public; (2) as mandated by federal and state law; and (3) to ensure uninterrupted federal funding for our highway projects. DOT&PF continuously inspects over 6,000 miles of state roads.

Inspection and Removal Process
DOT&PF makes every effort to treat all property and business owners with fairness and respect. Over the years DOT&PF has removed countless encroachments from within the State’s right of ways and contacted thousands of property and business owners to request removal of encroachments and illegal outdoor advertising along the State’s right of ways. In most instances, owners voluntarily assist with removal of the items.

When an unpermitted encroachment in the State’s right of way is identified DOT&PF or law enforcement may remove it without notice or compensation. DOT&PF is not responsible for damage during removal or storage. Where possible, items are retained in storage for 30 days. During this period items may be reclaimed by the owner after payment of fines, fees, and costs. Unclaimed items in storage are destroyed and owners may be held responsible for payment of the related costs. (17 AAC 20.012)

Generally when unpermitted outdoor advertising is identified on private property along the State’s right of way DOTP&F notifies the business, occupant, and/or property owner by sending a notice requiring removal within 30 days. If the item(s) remain at the end of the specified period, DOT&PF may remove and impound the item(s) and initiate legal action at the owner’s expense. (17 AAC 20.013) On Sept. 10, 2018, the Alaska Superior Court issued a temporary order allowing small, temporary, political campaign signs displayed on private property without compensation.

If an encroachment or outdoor advertising item poses a legitimate safety concern, DOT&PF may have these items removed at the owner’s expense regardless of their content or location within the State’s right of way or on private property adjacent to the State’s right of way.

Some Final Thoughts
We appreciate your taking the time to learn about the Department’s responsibility to manage and protect Alaska’s highway rights-of-way. We encourage you to work with our right-of-way staff to ensure that your proposed activity is appropriate and properly permitted. Together we can ensure that Alaska’s highway rights-of-way are managed in a manner that is fair to all and provides for the safety and pleasure of the traveling public.