Kenai Peninsula Borough, AK Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

In the Kenai Peninsula Borough outside the cities, KPB 14.40.115 requires anyone who wants to construct or maintain a private encroachment in a dedicated right-of-way to obtain an encroachment permit from the road service area (RSA) director. A public utility permitted under KPB Chapter 14.08, or work already covered by an approved right-of-way construction permit under KPB 14.40.050, does not need a separate encroachment permit. The RSA director charges a permit fee set in the borough's Schedule of Rates, Charges and Fees, and doubles that fee if the encroachment is discovered and an enforcement notice issued under KPB 14.40.330(A) before the owner applies (KPB 14.40.115(D)).

The director has discretion to grant or deny a permit, weighing whether the encroachment would interfere with road maintenance, block normal travel, obstruct sight lines, or create a safety hazard, and cannot approve a permanent structure requiring footings, foundations, or pilings (KPB 14.40.115(H)). Encroachments that predate the ordinance must still apply for a permit, paying the same fee (KPB 14.40.115(F)). An unauthorized encroachment can be tagged with a 48-hour removal notice; if the owner does not remove it, the borough removes it, fines the owner under KPB 14.40.380, and bills all removal costs (KPB 14.40.115(E)). The director may revoke a permit at any time the encroachment impairs road work or public safety (KPB 14.40.115(M)).