Alaska Administrative Code

(a) The purpose of 17 AAC 42.800 - 17 AAC 42.840 is to establish standards and a procedure for permitting and conducting a first amendment activity at an airport. An activity permitted under 17 AAC 42.820 must not interfere with the primary transportation function of an airport f…

(a) A person must apply for and obtain a first amendment activity permit before conducting any first amendment activity at an airport. An applicant for a first amendment activity permit shall file a completed application on an airport form. The applicant must submit the form to t…

(a) The airport manager shall designate a person to act on behalf of the manager to process an application for a first amendment activity permit and to monitor compliance with any permit issued. (b) Within three working days after receiving an application for a first amendment ac…

(a) This section sets out general terms and conditions applicable to and is incorporated into each first amendment activity permit granted under 17 AAC 42.800 - 17 AAC 42.840. A person or organization granted a first amendment activity permit or participating in an activity under…

(a) If a permittee violates the terms of a first amendment activity permit, the airport manager may revoke the permit. The airport manager shall designate a person to process and monitor complaints about and violations of permits issued under 17 AAC 42.800 - 17 AAC 42.840. (b) If…

(a) This section provides guidance to the airport manager and other decision makers under this chapter when a provision of this chapter calls for consideration of the best interest of the state. (b) The best interest of the state contemplates an action or practice that best promo…

(a) Except as expressly excluded in this subsection, a person who is adversely affected by a decision of an airport manager under this chapter may seek review of that decision only by filing a protest under this section. This section does not apply to a decision to revoke a first…

(a) This section applies to an appeal of a decision made by an airport manager following a protest under 17 AAC 42.297 or 17 AAC 42.910. A decision subject to appeal under this section is subject to review only as provided under this section. (b) Except as provided under (c) of t…

In this chapter, unless the context requires otherwise, (1) "air carrier" means a person engaged in the transportation of passengers or cargo in air commerce for compensation; (2) "aircraft" has the meaning given in AS 02.15.260; (3) "aircraft operation" means the fuel powered or…

This chapter applies to rural airports. The location and address of an airport, the name and address of the airport manager for an airport, and the address of the department employees or other persons designated to carry out the responsibilities of the department for an airport u…

(a) An airport subject to this chapter is operated by the department. From time-to-time and as the commissioner or the regional director for the administrative region of the department in which the airport is located determines appropriate, the commissioner or the regional direct…

(a) When a provision of this chapter requires approval or authorization of either the department or the airport manager, but the provision does not set out a specific procedure for requesting that approval or authorization, the person seeking the approval or authorization shall (…

(a) A person using an airport shall (1) comply with (A) this chapter and other applicable law; (B) orders that the department or the airport manager issues under AS 02.15.020(a) or under any other state or federal law; and (C) instructions, requirements, and restrictions that the…

(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) To request that the department provide services at airport outside of the airport's normal operating hours, an air carrier must submit the request to the airport manager or designee, in writing on a form supplied by the department, at least 24 hours before the requested servi…

(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 that contamination does not enter or spread on or in airport land or water or in an airport storm water drainage system. A person responsibl…

(a) A person who handles, stores, transports, or dispenses fuel on an airport, for either commercial or noncommercial purposes, shall do so consistent with 13 AAC 50 and other applicable law. Except with respect to noncommercial fueling of a personal motor vehicle, a person descr…

(a) An airport apron, runway, or taxiway available for use by aircraft is a restricted area unless posted otherwise by the airport manager. At an airport to which 49 C.F.R. Part 1542 applies, or at another airport if the department or the airport manager determines that it is nec…

(a) Unless authorized by the department for airport wildlife hazard control, a person may not discharge a firearm across any portion of a runway, taxiway, or aircraft parking area. (b) Before boarding an air carrier aircraft at an airport operated by the department under 49 C.F.R…

(a) A person who brings or possesses an explosive on an airport shall comply with the hazardous materials provisions of 49 C.F.R. Part 175, as amended as of January 1, 2007. (b) A person shall give the airport manager at least 24 hours advance written notice before bringing explo…

(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 45.020, 17 AAC 45.085, this section, 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, trail, or way p…

(a) A person may not operate a vehicle in a restricted area of an airport that is operated by the department under 14 C.F.R. Part 139 or subject to 49 C.F.R. Part 1542, except in accordance with 17 AAC 45.080 and this section. (b) At an airport not subject to 49 C.F.R. Part 1542,…

(a) This section applies to parking of vehicles on an airport in an area other than a restricted area or on a premises. (b) If the airport manager determines it is necessary for the safe operation of an airport, the manager shall designate vehicle parking areas, no parking zones,…

(a) This section applies only to airports operated by the department under 14 C.F.R. Part 139. (b) The commissioner will designate an airport for commercial passenger vehicle permitting if the commissioner determines in writing that permitting is in the best interest of the state…

(a) Except as expressly authorized on a premises under a lease or department-approved sublease, or as expressly authorized under a concession, commercial passenger vehicle permit, or other permit, a person must, before engaging in any of the following on an airport, hold a curren…

Notes 17 AAC 45.108 Eff. 3/28/2002, Register 161; repealed 11/23/2003, Register 168 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features w…

(a) The department will approve an application for a business activity permit under 17 AAC 45.105 if the department does not determine that(1) approval must be denied under 17 AAC 45.010(g); (2) the proposed activity would interfere with or is otherwise incompatible with the secu…

(a) Before engaging in a special event on an airport, a person must hold a current special event permit issued under this section expressly authorizing the conduct of that event. (b) To obtain authorization to conduct a special event, a person must submit a special event permit a…

(a) The department may approve an application for a special event permit under 17 AAC 45.111 unless (1) approval must be denied under 17 AAC 45.010(g); (2) the proposed event would interfere with or is otherwise incompatible with the security, safety, maintenance, or operation of…

(a) Except as provided in (b) of this section, the following impound procedure applies to aircraft and vehicles parked in violation of this chapter, aircraft and vehicles that are derelict as described in (h) of this section, and other personal property abandoned on an airport:(1…

(a) The owner or operator of an aircraft or vehicle involved in an accident or incident that occurs on an airport shall report the accident or incident to the airport manager within the time limits in this section measured from the time the owner or operator becomes aware of the …

(a) If the department grants a lease or privilege at an airport by competitive award under 17 AAC 45.300 - 17 AAC 45.399 and the award is based on the rent or fee offered by the successful bidder or proposer, the rent or fee for that lease or privilege is the amount set by the aw…

(a) Except as otherwise specified in this section, 17 AAC 45.205, or another applicable provision of this chapter, the department will charge and an airport user shall pay, the following annual rental rates in United States dollars, for the stated use of airport land: (1) beginni…

(a) An airport user shall pay a fee for each full-stop landing at the Sand Point Airport by an aircraft with a CMGTW of more that 6,000 pounds. The landing, fee is $5.50 per 1,000 pounds. CMGTW, rounded to the next highest 1,000 pounds. (b) The following are exempt from the payme…

Except when awarding a lease, permit, or concession under 17 AAC 45.300 - 17 AAC 45.399, 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 department determines that it is the best interest of the state to do so, the department will 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 airport fo…

(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 …