Matanuska-Susitna Borough, AK Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issued by
- Public works director
- Governing section
- MSB § 11.10.020
- Utility permit holders
- Exempt if permitted under Ch. 11.30
- Completion notice deadline
- 10 days after construction ends
- Reconsideration deadline
- 10 days after denial/revocation
- Unauthorized encroachment
- Removed at owner's expense, deemed nuisance
Summary
Anyone who wants to build a driveway, culvert, well, structure or other encroachment within the borough's public right-of-way, easement, or borough-owned land must first get an encroachment permit from the public works director under MSB § 11.10.020. Utility permit holders and approved subdivision construction are exempt.
Any person desiring to construct or cause an encroachment shall apply for an encroachment permit to the public works director. ... A public utility or person who is issued a permit for utility facilities under MSB Chapter 11.30 is not required to apply for an encroachment permit. ... No permit is required for construction in accordance with an approved subdivision plan.
Full Breakdown
020 requires anyone who wants to construct or cause an encroachment in a borough right-of-way, public easement, publicly maintained dedication, or borough-owned land to apply to the public works director for an encroachment permit before starting work. 010, sweeps in driveways, culverts, road repairs, wells, septic systems, drainage work and structural improvements, as well as snow storage, soil removal and debris that hinders traffic or drainage, so the permit requirement reaches far beyond driveway construction. 30 does not need a separate encroachment permit, and no permit is required for work built in accordance with an already-approved subdivision plan.
070 requires the permittee to file a written notice of completion with the public works director within ten days after construction wraps up; no work may continue past the expiration date unless the borough approves an extension. 050 gives the applicant ten days from the effective date of that decision to file a written notice of reconsideration with the manager, who must issue a written decision within 30 calendar days. Even a permitted encroachment does not grant exclusive use of the encroached area, and a permit cannot be used to deny a property owner reasonable access to their own land.
Violations & Fines
Under MSB § 11.10.030, an unauthorized encroachment (built without a permit) is subject to immediate removal by the borough at the owner's expense and is separately declared a public nuisance subject to all legal proceedings authorized by law. The borough can also let the encroachment stand and instead order the person who caused it, or the underlying property owner, to remove it themselves; that requires written notice by first-class mail or personal delivery stating the violation and the removal deadline. If the notified party fails to remove it, the borough may do the removal itself and bill the property owner or responsible person for every cost incurred, including the borough's own removal and enforcement costs.
Frequently Asked Questions
Do I need a permit for a driveway culvert in the borough right-of-way?
What happens if I build in the right-of-way without a permit?
Can the borough deny or revoke my encroachment permit?
Does a utility company need a separate encroachment permit?
Sources & Official References
Other rules in Matanuska-Susitna Borough
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