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Matanuska-Susitna Borough, AK Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Matanuska-Susitna Borough. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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?
Yes. MSB § 11.10.010 defines a driveway, culvert or drainage work within the right-of-way as an encroachment, and § 11.10.020 requires an encroachment permit from the public works director before you build it, unless it was approved as part of a subdivision plan.
What happens if I build in the right-of-way without a permit?
MSB § 11.10.030 makes it an unauthorized encroachment subject to immediate removal at your expense and declares it a public nuisance. The borough may remove it directly or order you to remove it after written notice, then bill you for its costs if you don't comply.
Can the borough deny or revoke my encroachment permit?
Yes, and MSB § 11.10.050 gives you ten days from the effective date of a denial, suspension or revocation to file a written reconsideration request with the manager, who must issue a written decision within 30 calendar days.
Does a utility company need a separate encroachment permit?
No. MSB § 11.10.020(B) exempts a public utility or person already holding a utility facilities permit under MSB Chapter 11.30 from also obtaining an encroachment permit for the same work.

Sources & Official References

Other rules in Matanuska-Susitna Borough

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