§ 14.40.035. Prohibited activities within rights-of-way.

Except as provided in this chapter, the following activities are prohibited within dedicated rights-of-way in the road service area:

A.

No person may extract, excavate, or remove sand, gravel, soil or trees from a dedicated right-of-way except as necessary for the construction, improvement, or maintenance of a road or driveway within the right-of-way and then only to the extent necessary for the construction, improvement, or maintenance.

B.

No person shall construct a road or driveway within a dedicated right-of-way unless a permit has been obtained from the borough prior to construction. The construction activity shall be conducted only in accordance with the issued permit conditions. Permits shall be issued subject to the conditions set forth in this chapter and any road service area resolutions adopted consistent with this chapter.

C.

No private person, individual, or entity may, by any manner, regulate or purport to regulate the flow of traffic, or place any traffic regulatory device or sign within a right-of-way without the express permission of the Kenai Peninsula Borough. Nor may any private person, individual, or entity prevent others' lawful use of the right-of-way by constructing or erecting any barricade or other blockage.

D.

No person shall construct, install or place objects in a right-of-way without an encroachment permit. Permits shall only be issued subject to the conditions set forth in this chapter and any road service area resolutions adopted consistent with this chapter.

(Ord. No. 2015-22 , § 1, 8-18-15; Ord. No. 2000-57, § 7, 12-12-00)