Alaska Administrative Code

(a) A person using an airport shall comply with(1) this chapter and other applicable law; (2) operational orders that the airport manager issues under state or federal law; and (3) instructions, requirements, and restrictions that the airport manager has posted or indicated by si…

(a) A person may not, on or from an airport, navigate, land, fly, service, maintain, or repair an aircraft or conduct any aircraft operation, except in conformity with applicable FAA regulations, this chapter, and other applicable law. (b) Except in an emergency, when safety dict…

(a) A pilot may park a transient aircraft only in an area the airport manager has designated for transient aircraft parking. (b) A pilot who parks an aircraft in a transient aircraft parking area shall comply with all requirements posted by the airport manager in that area under …

(a) The commissioner may authorize the department to negotiate with one or more air carriers regarding and to enter into agreements for air carrier operations at airports under AS 02.15.090. The terms of an agreement negotiated under this subsection may, but need not, incorporate…

(a) A person using an airport shall comply with all applicable environmental laws. (b) A lessee, permittee, or concessionaire who is required under any environmental law to submit a report or other document about a violation or potential violation of an environmental law to a reg…

(a) A person who releases a hazardous substance on an airport shall immediately contain and clean up the release, using methods that ensure contamination does not enter or spread on or in airport land or water or in an airport storm water drainage system. A person responsible for…

(a) A person shall conduct fueling operations and fuel storage on an airport consistent with fire codes and other applicable law. (b) A land lessee or a tiedown permittee conducting self-fueling operations on the lease or permit premises and an operator of a commercial fueling se…

(a) If the airport manager determines that it is necessary to ensure the security of persons or property on the airport or to comply with federal or state law, the manager may post areas on the airport as restricted. A person is prohibited from entering or remaining in an area on…

(a) A person may not carry a firearm or prohibited weapon in a department-operated terminal building or restricted area except in compliance with any other applicable law and(1) as authorized by this section; (2) as necessary to fulfill a legal requirement; or (3) as specifically…

(a) A person may not bring, possess, or store an explosive on an airport except by approval of the airport manager. A person shall request the airport manager's approval to bring an explosive onto the airport at least 24 hours before the time the person intends to do so. (b) A pe…

(a) Unless the airport manager has first given approval,(1) a person may not allow an animal in the person's custody or care or cause any other animal to enter uncontrolled upon or remain uncontrolled on airport property; and (2) a person may bring only the following animals into…

(a) A person may operate a vehicle on an airport only in accordance with 17 AAC 42.020 and other applicable law. (b) A person may not access an airport by vehicle from property outside the airport boundary other than on a public road, except as specifically provided under an airp…

(a) A person may not operate a vehicle in a restricted area of an airport unless the airport manager has first authorized the person both to enter the restricted area under 17 AAC 42.060 and to operate a vehicle in the restricted area. The manager shall establish terms and condit…

(a) This section applies to parking of vehicles on an airport in an area other than a restricted area or on a premises. (b) The airport manager shall designate vehicle parking areas and loading zones. A person may park a vehicle on an airport only in a designated parking area and…

(a) To operate a commercial passenger vehicle business on an airport, a person must hold a current commercial passenger vehicle permit issued under this section. (b) A person must submit an application for a commercial passenger vehicle permit in writing to the airport manager an…

(a) To operate a vehicle rental business on an airport, a person who does not have a concession to operate a vehicle rental business on the airport must hold a current vehicle rental business permit issued under this section. (b) A person must submit an application for a vehicle …

(a) Unless a lease, permit, or concession expressly authorizes the person to operate the business, a person must hold a current business activity permit issued under this section before selling, offering for sale, or providing goods or services commercially anywhere on an airport…

(a) This section applies to personal property on an airport other than an aircraft or a vehicle. (b) A person may not leave personal property unattended on an airport, unless the person has permission to do so from a lessee, permittee, or concessionaire entitled to occupy the pre…

(a) Repealed 1/7/2016. (b) Except as provided in (c) of this section, the following impound procedure applies to an aircraft or vehicle parked in violation of this chapter, an aircraft or vehicle that is derelict as described in (h) of this section, and personal property abandone…

(a) A lessee, permittee, or concessionaire who owns or operates an aircraft involved in an aircraft accident or incident on an airport shall report the accident or incident to the airport manager within one hour of the accident or incident or as soon as possible thereafter. (b) A…

(a) After giving notice to the public in accordance with 17 AAC 42.400 and an opportunity to comment, the commissioner will by order establish a schedule of all charges, rents, and fees imposed at an airport. This fee schedule is a public record and is available to the public upo…

Except when awarding a lease, permit, or concession under 17 AAC 42.300 - 17 AAC 42.395, if the commissioner determines that it is in the best interest of the state to do so, the commissioner will waive or reduce the charge, rent, or fee for (1) an easement, permit, or right-of-w…

If the airport manager determines that it is in the best interest of the state to do so, the manager shall prepare and, as appropriate, revise in conformity with applicable guidance published by the FAA, any manual, plan, or program required by the FAA for eligibility of the airp…

(a) If the airport manager determines that it is in the best interest of the state and of members of the public living or working in areas near the airport that are or may be affected by noise from aircraft using the airport, the manager shall develop a program to improve compati…

(a) The commissioner may determine in writing that the adoption of zoning for an airport for the purpose of establishing appropriate land use is in the best interest of the state. If the commissioner makes that determination, the airport manager shall develop a plan of formally d…

(a) The airport manager must notify the public in accordance with 17 AAC 42.400 and provide an opportunity to comment before adopting or substantially revising any noise compatibility program under 17 AAC 42.140 or zoning plan under 17 AAC 42.145. (b) In addition to the requireme…

(a) Except as otherwise provided in (b) and (c) of this section, 17 AAC 42.200 - 17 AAC 42.297 apply to a lease, permit, concession, or other interest for use of airport property. (b) The provisions of 17 AAC 42.200 - 17 AAC 42.297 do not apply to (1) a commercial passenger vehic…

(a) Except as provided in (b) and (c) of this section, the airport manager shall competitively offer a lease, permit, concession, or other interest to the public if(1) the manager receives more than one approvable application for the same property or interest and same class of us…

(a) A person seeking a lease, permit, concession, or other interest for use of airport property or seeking a material amendment to an interest the person already holds may submit an application under this section. The person must submit the application in writing to the airport m…

(a) The airport manager shall review an application for a lease, permit, concession, material amendment, or other interest submitted under 17 AAC 42.040 or 17 AAC 42.210 and determine whether the application is approvable subject to public notice and comment under 17 AAC 42.400. …

(a) The maximum period for the term of a lease, permit, concession, or other interest, including extensions and periods of holdover, relating to an airport is 55 years. (b) Before the airport manager approves or extends the term of a lease, permit, concession, or other interest f…

(a) This section does not apply to a land lease or to an extension of an existing land lease if the lessee is a government agency. (b) In setting or extending the term for a land lease, the airport manager shall consider (1) the applicant's actual or proposed development and use …

(a) If an applicant or lessee requests a lease term for a new lease or an extension of an existing lease based on(1) costs the applicant or lessee incurred for matters described in 17 AAC 42.225(c) (1), the applicant or lessee must document those costs, excluding financing costs,…

The airport manager shall set the term or term extension for a permit, concession, building lease, or government agency land lease based on the following considerations: (1) the applicant's actual or proposed development and use of the premises; (2) sound airport planning and ant…

(a) If the airport manager grants a lessee, permittee, or concessionaire a lease term or lease term extension based on proposed construction or remediation on the premises, the lessee, permittee, or concessionaire must agree to complete the construction or remediation within the …

(a) Unless otherwise provided in the applicable land lease or in another written agreement between the department and the lessee, permanent improvements that a lessee has constructed or purchased on the premises, but not site development materials, are the lessee's property as lo…

(a) This section applies to building leases on the airport and on-airport concessions. (b) Unless the applicable building lease or concession or other written agreement between the department and the building lessee or concessionaire provides otherwise, improvements that the buil…

(a) This section applies to the taking by negotiation, court action, or otherwise of all or a part of a premises by any entity or person vested with the power of eminent domain, including the department. (b) If all of a premises is taken, (1) the lease, permit, or concession and …

(a) This section applies to an assignment of an interest in a lease, permit, or concession other than an assignment for security purposes. For purposes of this section, any single or cumulative transfer of more than 50 percent interest in a partnership, limited liability company,…

(a) This section applies to an assignment of an interest in a lease, permit, or concession for security purposes. (b) Unless the lease, permit, or concession expressly provides otherwise, a lessee, permittee, or concessionaire may not assign for security purposes all or a portion…

(a) Unless the lease, permit, or concession expressly provides otherwise, a lessee, permittee, or concessionaire may not sublease all or a portion of a lease, permit, or concession premises without the prior written consent of the airport manager under 17 AAC 42.275. A sublease m…

(a) This section applies to approval or denial of a request for consent to an assignment under 17 AAC 42.260, an assignment for security purposes under 17 AAC 42.265, or a sublease under 17 AAC 42.270. (b) The airport manager shall consent to a request to assign or sublease all o…

(a) A lessee, permittee, or concessionaire may not clear, excavate, core, or fill land or construct, install, remodel, remove, or demolish temporary or permanent improvements on a premises without first obtaining an airport building permit. (b) To obtain an airport building permi…

(a) Except as provided in an airport boundary crossing permit issued by the airport manager under this section or as provided in (n) of this section, a person shall not (1) drive a vehicle across an airport boundary on anything other than a public road, trail, or way provided for…

(a) A lessee, permittee, or concessionaire shall, unless otherwise stated in the lease, permit, or concession, (1) provide to the airport manager a boundary survey plat of each airport lot or other land area described in the lease, permit, or concession as part of the premises, i…

(a) Unless otherwise specified in a lease, permit, or concession and subject to (b) of this section, the airport manager shall adjust the rent for a lease, permit, or concession if applying the applicable rental rate in the fee schedule established under 17 AAC 42.125 results in …

(a) If a lessee, permittee, or concessionaire believes a rent adjustment the airport manager has implemented as to the lessee, permittee, or concessionaire under 17 AAC 42.295 is not allowed by under 17 AAC 42.295 or any other law, the lessee, permittee, or concessionaire may pro…