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If your fence or landscaping is it is located in the right-of-way and within seven feet of the road edge, it needs to be removed. If it is located beyond this area, you need to apply for a Right-of-Way Encroachment Permit Application by submitting a site plan showing the location and type of landscaping to the Public Works Department, Right-of-Way Section located at 4700 South Bragaw Street.
There is a $100.00 non-refundable application fee and a $250.00 annual encroachment permit fee for any permitted encroachments in the right-of-way. The permit shall be valid between January 1 or the date of issuance and December 31 of the year in which it is issued. Click Here for the permit application (requires free Adobe Acrobat Reader. Click here to go to their site and get it).
You may have had your fence or landscaping for many years, but you are required to bring it into compliance with current municipal code. There are no grandfather rights for non-permitted encroachments in the right-of-way. Past practice was to give a notice to remove encroachments or require a permit for only those that were a safety hazard or that enforcement officers noticed within the first year after construction. This practice seemed to encourage citizens to build without obtaining a permit.
By requiring a permit for all items in the right-of-way, we insure the project plan is reviewed. This is to make sure there are no sight obstruction hazards for drivers, and no rocks, flower bed timbers, retaining walls, or other obstacles which could be hidden by snow and struck by snow removal equipment. These problems can cause injury to people and damage to equipment, and the property owner can be held responsible for these damages. If we discover an obstruction and determine there is no permit on file, we will require the responsible individual(s) to either remove the obstruction or apply for an encroachment permit.
| Right-of-Way Use Permit Application |
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Applications for right-of-way permits must be accompanied by three (3) sets of plans and sent to the Right-of-Way Permit Section for approval before any work can be started. The plans must clearly show the scope of work, and that all work will be performed according to municipal standards and specifications. Click Here to view and print the application (requires free Adobe Acrobat Reader. Click here to go to their site and get it).
| Right-of-Way Rental |
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The basic annual permit fee is $100 per item, plus a monthly rental fee. This monthly fee is based on the square footage of the right-of-way used. The rates are $0.50/square foot/month for improved public place and $0.30 square foot/month outside improved public place. The fees are calculated by the issuing agency, and payable at the time the applicant signs for the rental permit.
The following are the restrictions for a right-of-way rental:
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Signs cannot be more than six square feet in gross vertical surface.
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Signs and appurtenances will not be allowed on sidewalks if the area between the parking meters and property line is less than 5 feet in width.
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No signs will be allowed on the south side of 4th Avenue between _ E Street and _ F Street or on the east side of _ F Street between 4th Avenue and 5th Avenue. This restriction is to reduce the congestion around the Anchorage Convention and Visitors Bureau (ACVB) Log Cabin at the corner of 4th Avenue and _ F Street. The horse drawn carriage and pedi-cab vendors are exempt from this restriction and have ACVB non-objection for their locations near the Log Cabin. However, these two vendors will be required to obtain a permit.
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Signs and appurtenances must not compete with businesses located on adjacent property for same or like service or product.
Applicants for a right-of-way rental must submit a completed Right-of-Way Rental Application, a sketch accurately showing the location of the sign and/or appurtenance, and a certificate of insurance acceptable to Municipal Risk Management in the amount of $300,000 Compensation/General Liability. The applicant can fax the completed application package to 343-8250, deliver it to the ROW Permit Section, or mail it to ROW Section, P.O. Box 196650, Anchorage, Alaska 99519-6650. Right-of-way permits for signs and appurtenances must be displayed in the window of the business.
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