Residence in rights of way: The issues involved

You may have noticed an increasing number of people parking their vehicles, particularly campers and RVs, in public rights of way. While this issue is complex and often tied to the broader challenges of houselessness, everyone involved needs to understand the legal aspects, the potential impact on our community, and what steps concerned citizens can take to address the problem.

Public rights of way such as streets, sidewalks, and roadside areas, are intended for public use and are typically maintained by local governments. When individuals park their vehicles or set up camp in these areas for extended periods, it can create various issues for the community. Some of the concerns include obstructed traffic flow, limited access by emergency vehicles, sanitation problems, trash accumulation, and potential safety hazards.

Not all individuals living in RVs parked in public rights of way are doing so illegally. In some cases, local laws may allow for short-term parking or camping in designated areas. However, when vehicles remain in the same location for extended periods or create public health and safety issues, it may be considered illegal camping or squatting. These events are referred to as “encroachment violations” by most governments.

There are court rulings limiting a municipality’s enforcement of related laws. In 2018, the 9th U.S. Circuit Court of Appeals ruled that cities cannot prosecute people for sleeping on public property if there is no shelter available. This decision, known as Martin v. City of Boise, has hindered local authorities’ ability to remove individuals who are camping or parking on public rights of way, particularly if there is a lack of available shelter space or alternative housing options.

However, this ruling does not mean that individuals have an unrestricted right to park or camp there. Local governments can still enforce laws related to public health, safety, and welfare, such as prohibiting waste accumulation or traffic obstruction. The key is to ensure that enforcement actions are not criminalizing homelessness itself and that there are efforts to connect individuals with available resources and support services.

If you believe someone is illegally squatting on public land or roadways in an RV, the first step is to gather information about the situation. Take note of the location, the time the vehicle has been parked there, and any observable issues such as waste accumulation or public disturbances. Take photos with date stamps to prove a timeline. Do not confront the occupants directly, because it could lead to a dangerous situation.

Once you have gathered the necessary information, contact the appropriate authorities to report the issue. You can contact the Borough Code Compliance Office at 907-861-7822 within the Matanuska-Susitna Borough. They are responsible for investigating complaints about illegal camping, parking, and other code violations on public property. You can also submit a complaint online through the Borough's website (https://planning.matsugov.us/pages/code-enforcement).

If the concern is within the city limits of Wasilla, Palmer, or Houston, you should contact the respective city offices. In Wasilla, you can report illegal camping or parking issues to the Wasilla Police Department's non-emergency line at 907-352-5401. For Palmer, contact the Palmer Police Department's non-emergency line at 907-745-4811, or the city's Community Development Department at 907-745-3709. In Houston, you can report concerns to the Houston Public Works Department at 907-892-6869.

When filing a complaint, provide as much detail as possible, including the location, description of the vehicle, and any specific concerns you have observed. The appropriate office will then investigate the situation and take appropriate action, including issuing warnings, citations, or coordinating with other agencies to assist the individuals involved.

Various local organizations offer services and support for individuals experiencing homelessness. These resources include emergency shelters, food banks, and case management services that can help connect individuals with housing options, employment assistance, and other essential support. By reporting concerns to the appropriate authorities and supporting local efforts to address homelessness, we can work together to find solutions that benefit our entire community. Anybody facing these challenges should call 3-1-1 for referral to appropriate support networks.

Addressing the challenges of people parking in public rights of way requires a balanced approach that considers the legal aspects, community impact, and the underlying issues of homelessness. While court rulings like Martin v. City of Boise have made enforcing laws related to camping or parking on public property more challenging, local governments can still help.

Christian M. Hartley is a 40-year Alaskan resident with over 25 years of public safety experience and public service. He runs a freelance business, Big Lake Writer, from home in Big Lake that he shares with his wife of 19 years and their three teenage sons.