Alaska Statutes
Alaska Stat. § 19.30.040 (2026)
Construction and maintenance
✓ current as of July 2026
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Sec. 19.30.040. Construction and maintenance.
(a) Upon approval of an application and agreement as to state participation, the applicant resource developer shall submit to the commissioner of natural resources road plans and specifications for the standard of construction the applicant believes to be necessary to develop the mineral resource and protect the fish and game resources that may be affected by the road construction. Plans and specifications submitted by each applicant shall be forwarded by the commissioner of natural resources to the commissioner of transportation and public facilities and the commissioner of fish and game and, upon approval by them, the applicant may proceed with construction.
(b) The applicant shall be allowed credit for the use of the applicant's workers and equipment or those of the applicant's contractor as the applicant's share of cost participation. The applicant must submit documentation satisfactory to the commissioner of transportation and public facilities to support the applicant's participation for this credit.
(c) If the total cost of the road is less than the original estimate, the state shall match only half of the actual cost.
(d) If the total cost of the road is greater than the original estimate, the applicant resource developer shall be responsible for all costs in excess of the agreed upon state participation.
(e) The road becomes the property of the state, and, so long as the road is used by the applicant resource developer, is open to public use, and the applicant shall bear one-half the cost of maintenance.
(a) Upon approval of an application and agreement as to state participation, the applicant resource developer shall submit to the commissioner of natural resources road plans and specifications for the standard of construction the applicant believes to be necessary to develop the mineral resource and protect the fish and game resources that may be affected by the road construction. Plans and specifications submitted by each applicant shall be forwarded by the commissioner of natural resources to the commissioner of transportation and public facilities and the commissioner of fish and game and, upon approval by them, the applicant may proceed with construction.
(b) The applicant shall be allowed credit for the use of the applicant's workers and equipment or those of the applicant's contractor as the applicant's share of cost participation. The applicant must submit documentation satisfactory to the commissioner of transportation and public facilities to support the applicant's participation for this credit.
(c) If the total cost of the road is less than the original estimate, the state shall match only half of the actual cost.
(d) If the total cost of the road is greater than the original estimate, the applicant resource developer shall be responsible for all costs in excess of the agreed upon state participation.
(e) The road becomes the property of the state, and, so long as the road is used by the applicant resource developer, is open to public use, and the applicant shall bear one-half the cost of maintenance.
Notes of Decisions
Cited in 1
case, 1966–1966 · leading case: Mercer v. Yutan Constr. Co., 420 P.2d 323 (Alaska 1966).
Mercer v. Yutan Constr. Co., 420 P.2d 323 (Alaska 1966). “and in AS 19.30.040 as to standards that the Department of Highways shall: * * * (2) use the cheapest methods of construction consistent with the purpose of * * * this chapter; (3) construct low standard roads which need not necessarily be suitable for all weather use * * The…”
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