Alaska Administrative Code

(a) If the department 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 department will develop a program to improve compatibil…

(a) The commissioner may determine in writing that the adoption of zoning for and surrounding 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 department will develop a plan of …

(a) The department will notify the public in accordance with 17 AAC 45.400 and provide an opportunity to comment before adopting or substantially revising any noise compatibility program under 17 AAC 45.140 or zoning plan under 17 AAC 45.145. (b) In addition to the requirements o…

(a) Except as otherwise provided in (b) of this section, 17 AAC 45.200 - 17 AAC 45.299 apply to a lease, permit, concession, or other interest for use of airport property. (b) The provisions of 17 AAC 45.200 - 17 AAC 45.299 do not apply to (1) a commercial passenger vehicle permi…

(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 departmen…

(a) This section applies to an application for a lease, permit, concession, material amendment, or other interest submitted under 17 AAC 45.205, except an application for a land lease that the department has determined under 17 AAC 45.215(b) is eligible for consideration without …

(a) This section applies only to an application for a land lease, or a term extension of a land lease, that is eligible for consideration without competition under AS 02.15.090(c) because the applicant(1) is a lessee under and the application relates to a land lease that either h…

(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 department approves or extends the term of a lease, permit, concession, or other interest for a …

(a) This section describes methods for setting the term of a land lease and extending an existing land lease, including a lease in holdover, except for a land lease term or term extension subject to 17 AAC 45.235. A term or term extension under this section is subject to the limi…

(a) If an applicant or lessee requests a lease term for a new lease or an extension of an existing lease based on(1) reasonable local market rate costs the applicant or lessee incurred for items described in 17 AAC 45.225(c) (1)(C), the applicant or lessee must document those cos…

The department will 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 anticipat…

(a) If the department grants a lessee, permittee, or concessionaire a term or term extension for a land lease 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) If, within five years before the expiration of the lease, the lessee-owned permanent improvements on the premises are damaged to the extent that at least 50 percent of the improvements are rendered unusable, the lessee may terminate the lease by 30 days' written notice to 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, other than a government agency, has constructed or purchased on the premises, but not site development materials…

(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) Unless the lease, permit, or concession provides otherwise, if the department has not directed the lessee, permittee, or concessionaire to vacate the premises upon expiration of the lease, permit, or concession, then if the lessee, permittee, or concessionaire continues to oc…

(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, other than an assignment for security purposes, of an interest in a lease, sublease, an airport boundary crossing permit issued under 17 AAC 45.285, or a concession. A permit issued under this chapter, other than an airport boundary cros…

(a) This section applies to an assignment of an interest in a lease or concession for security purposes. A permit issued under this chapter may not be assigned for security purposes. (b) Unless the lease or concession expressly provides otherwise, a lessee or concessionaire may n…

(a) Unless the lease, airport boundary crossing permit issued under 17 AAC 45.285, or concession expressly provides otherwise, a lessee, airport boundary crossing permittee, or concessionaire may not sublease all or a portion of a lease, airport boundary crossing permit, or conce…

(a) This section applies to approval or denial of a request for consent to an assignment under 17 AAC 45.260, an assignment for security purposes under 17 AAC 45.265, or a sublease under 17 AAC 45.270. (b) The department will consent to a request to assign or sublease all or a po…

(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) A person may not taxi an aircraft across an airport boundary at a location or drive a vehicle across an airport boundary other than on a public road or a department-approved trail provided for that purpose and not posted by the department as closed to such access, unless the …

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

(a) Unless otherwise specified in a lease, permit, or concession and subject to (b) of this section, 17 AAC 45.297(f), and 17 AAC 45.300(e), the department will adjust the rent for a lease, permit, or concession if applying the applicable rental rate in the fee schedule establish…

(a) If a lessee, permittee, or concessionaire believes an initial rental rate the department has established under 17 AAC 45.127, or a rental rate adjustment the department has implemented as to the lessee, permittee, or concessionaire under 17 AAC 45.295, is not allowed under th…

(a) The department may lease a complete airport to a municipality or person that the department determines has, directly or under contract, the staffing, equipment, and financial resources necessary to operate and maintain that airport in a manner consistent with applicable FAA s…

(a) The department will 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 department determines in writing that an award by competitiv…

(a) If the department makes a lease, permit, or concession available by sealed bid, the department will provide public notice of the invitation to bid in accordance with 17 AAC 45.400 and provide a copy of the bid documents to each person who has paid an application fee under 17 …

(a) The department may require that each bidder submit with the bidder's sealed bid a deposit in an amount and form the department determines appropriate to ensure that the successful bidder will execute the lease, permit, or concession. The department will specify in the bid doc…

(a) Except as provided in 17 AAC 45.306(d), a bidder may withdraw the bidder's sealed bid only by written request delivered to the department 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…

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

(a) The opening of sealed bids is open to the public. At the opening of sealed bids, the department will 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 a not…

The department will reject as nonresponsive each of multiple bids submitted under the same name or under different names, if the bidding entities are owned or controlled by the same person, or if the bid (1) is submitted late or to the wrong place, unless the department determine…

After opening sealed bids, the department will reject a bid if the department determines in writing that the bidder is not responsible under 17 AAC 45.390. Notes 17 AAC 45.321 Eff. 3/28/2002, Register 161 Authority:AS 02.15.020 AS 02.15.060 AS 02.15.070 AS 02.15.090

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 45.324 Eff. 3/28/2002, Register 161 Authority:AS 02.15.020 AS 02.15.060 AS 02.15.070 AS 02.15.090

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

If the successful bidder does not, within the time set under 17 AAC 45.315(f) or as extended by the department for good cause, sign and return the lease, permit, concession, or other required document or perform any other requirement of the bid documents, the department will canc…

(a) If the department makes a lease, permit, or concession available by public auction, the department will give public notice of the auction in accordance with 17 AAC 45.400 and provide a copy of the auction documents to each person who has paid an application fee under 17 AAC 4…

(a) The department may require that a person registering to bid at an auction submit a registration deposit at the time of registering. The registration deposit must be in an amount and form the department determines appropriate to ensure that the successful bidder executes the l…

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

(a) The department will identify and announce the highest bid and bidder at the auction. Subject to (c) of this section and to the provisions of 17 AAC 45.345, the identification of the highest bidder constitutes the department's notice of intent to award the lease, permit, or co…

At any time before or after announcing the highest bid and bidder at an auction, the department will reject all auction bids if the department determines that rejection is in the best interest of the state. Within ten days after rejecting all bids under this section, the departme…

If the highest bidder at an auction does not sign the lease, permit, concession, or any other required document at the auction or perform any other auction requirement, the department will cancel the award. The cancellation will be in writing and state the reasons for the cancell…

The department will reject a bid made at an auction if the department determines in writing that the bidder is not responsible under 17 AAC 45.390. Notes 17 AAC 45.351 Eff. 3/28/2002, Register 161 Authority:AS 02.15.020 AS 02.15.060 AS 02.15.070 AS 02.15.090

(a) If the department makes a lease, permit, or concession available by competitive proposal, the department will give public notice of the request for proposals in accordance with 17 AAC 45.400 and provide a copy of the proposal documents to each person who has paid an applicati…

(a) The department may require that each proposer submit with the proposal a deposit in an amount and form the department determines appropriate to ensure that the successful proposer executes the lease, permit, or concession. The department will specify in the proposal documents…