Alaska Administrative Code

(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(a) Repealed 1/7/2016.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…

(a) The airport manager shall award a lease, permit, or concession by competitive means(1) when this chapter or other applicable law requires; (2) if the lease, permit, or concession is for an exclusive right; or (3) when the manager determines in writing that competitive award i…

(a) If the airport manager offers a lease, permit, or concession by sealed bid, the manager shall provide public notice of the invitation to bid in accordance with 17 AAC 42.400 and provide a copy of the invitation to bid to each person who requests a copy. An invitation to bid m…

(a) The airport manager may require that each bidder submit with the bidder's sealed bid a deposit in an amount and form the manager determines appropriate to ensure that the successful bidder will execute the lease, permit, or concession. The deposit amount may not exceed the ma…

(a) A bidder may withdraw the bidder's sealed bid only by written request delivered to the airport manager at the designated place for submitting bids and before the last time and date set for bid submission. A request to withdraw a bid received by the manager after the last date…

The airport manager shall cancel or postpone a bid opening if the manager determines in writing that cancellation or postponement is in the best interest of the state. The manager shall give reasonable notice of the cancellation or postponement to all persons of record to whom th…

(a) The opening of sealed bids is open to the public. At the opening of sealed bids, the airport manager shall open each bid, announce the name of the bidder and the amount of the bid, and identify the bid that appears to be the highest among the bids received. (b) Before issuing…

The airport manager shall reject a bid as nonresponsive if the bidder submits more than one bid under the same or different names or if the bid (1) is submitted late or to the wrong place, unless the manager determines that the bid was received before the last date and time set f…

After opening sealed bids, the airport manager shall reject a bid if the manager determines in writing that the bidder is not responsible under 17 AAC 42.390 or because the bidder (1) is in violation of a provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17 AAC 45, o…

After the opening of sealed bids but before award, a bidder may correct minor informalities, but may not correct any other errors discovered in a bid. Notes 17 AAC 42.324 Eff. 1/14/2001, Register 157 Authority:AS 02.15.020 AS 02.15.060 AS 02.15.070 AS 02.15.090 State regulations …

At any time before or after issuing a notice of intent to award, the airport manager shall reject all sealed bids if the manager determines in writing that rejection is in the best interest of the state. If the manager rejects all bids, the manager shall give to all bidders writt…

If the successful bidder does not, within the time set by the invitation to bid or as extended by the airport manager for good cause, sign and return the lease, permit, concession, or other required document or perform any other requirement of the invitation to bid, the airport m…

(a) If the airport manager offers a lease, permit, or concession by public auction, the manager shall give public notice of the auction in accordance with 17 AAC 42.400 and provide a copy of the auction documents to each person who requests a copy. The auction documents must stat…

(a) The airport manager may require that a person may register to bid at an auction only after submitting at the bidder registration a registration deposit in an amount and form the manager determines appropriate to ensure that the successful bidder executes the lease, permit, or…

The airport manager shall cancel or postpone an auction if the manager determines in writing that cancellation or postponement is in the best interest of the state. The manager shall give reasonable notice of the cancellation or postponement to all persons of record to whom the m…

(a) The airport manager shall identify and announce the highest bid and bidder at the auction. Subject to (c) of this section and to the provisions of 17 AAC 42.345, the identification of the highest bidder constitutes the manager's notice of intent to award the lease, permit, or…