Title 02 — Aeronautics
8 chapters · 78 sections in this title.
AS 02.15.010 Purpose.
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The purpose of this chapter is to encourage and develop aeronautics and the establishment and operation of a state system of airports through cooperation with municipalities, and otherwise, including cooperation with the federal government and acceptance and utilization of federa…
AS 02.15.020 Powers of department.
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(a) The department may perform acts, issue and amend orders, adopt reasonable general or special regulations and procedures, and establish minimum standards, consistent with the provisions of this chapter, as it considers necessary to carry out the provisions of this chapter. (b)…
AS 02.15.030 Conformity to federal law.
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The department may not adopt a regulation, order, or standard that is inconsistent or contrary to any act of the Congress of the United States or regulations promulgated or standards established. A regulation, order, or standard may not be adopted that duplicates any current rule…
AS 02.15.040 Cooperation with federal agencies.
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The department shall cooperate with the Federal Emergency Management Agency, the armed forces of the United States government, and the Federal Aviation Administration for the purpose of coordinating aviation activities in carrying out the civil defense program.
AS 02.15.050 Miscellaneous powers and duties of department.
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Article 2. State Airports. (a) The department may confer with and hold joint hearings with agencies of the United States in connection with matters arising under this chapter or relating to the sound development of aeronautics. (b) The department may avail itself of the cooperati…
AS 02.15.060 Establishment, operation, and maintenance.
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The department may plan, establish, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police airports and air navigation facilities within the state.
AS 02.15.070 Acquisition and disposal of property.
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(a) For the purposes specified in AS 02.15.060 the department may, by purchase, gift, devise, lease, condemnation, or otherwise, acquire real or personal property, or any interest in the property including easements in airport hazards or land outside the boundaries of an airport …
AS 02.15.080 Joint operations.
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The department may exercise the powers granted by AS 02.15.060 — 02.15.100 jointly with a person, municipality, or agency of the state, or with the United States.
AS 02.15.090 Operation and use privileges; fees and charges.
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(a) In operating an airport or air navigation facility owned or controlled by the state, the department may enter into contracts, leases, and other arrangements covering periods not exceeding 55 years with a person, municipality, or the United States, granting the privilege of us…
AS 02.15.091 Sale and delivery of in-bond merchandise at international airports.
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(a) Under (b) and (c) of this section, the department shall allow the sale and delivery of in-bond merchandise at an international airport only by an exclusive contract. (b) While the exclusive contracts for the sale and delivery of in-bond merchandise at international airports t…
AS 02.15.095 Courtesy cars and airport parking shuttles.
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Notwithstanding the provisions of AS 02.15.090(a), the department may not exclude from the streets, roads, highways, parking facilities, or other portions of a state-operated airport designated for operation or parking of ground transportation vehicles, nor may the department pro…
AS 02.15.100 Liens.
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Article 3. Utilities and Encroachments at State Airports. The department may enforce the payment of any charges for repairs, improvements, storage, or care of personal property made or furnished by the department or its agents, in connection with the operation of an airport or ai…
AS 02.15.102 Use of airports for utilities.
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A utility facility may be constructed, placed, or maintained across, along, over, under, or within a state airport only in accordance with regulations adopted or procedures prescribed by the department and only if authorized by a written permit issued by the department. The depar…
AS 02.15.104 Relocation of utility facilities incident to airport projects.
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(a) If, incident to the construction of an airport project, the department determines and orders that a utility facility located across, along, over, under, or within a state airport must be changed, relocated, or removed, the utility owning or maintaining the facility shall chan…
AS 02.15.106 Encroachment permits.
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An encroachment may be constructed, placed, changed, or maintained across or within an airport, but only in accordance with regulations or procedures adopted by the department. An encroachment may not be constructed, placed, maintained, or changed until it is authorized by a writ…
AS 02.15.108 Relocation or removal of encroachment.
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If, incidental to the construction or maintenance of a state airport, the department determines and orders that an encroachment previously authorized by written permit must be changed, relocated, or removed, the owner of the encroachment shall change, relocate, or remove it withi…
AS 02.15.110 Unauthorized encroachments.
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If an unauthorized encroachment exists in, on, under, or over a state airport the department may require the removal of the encroachment, at the expense of the owner, in the manner provided in AS 02.15.112 — 02.15.114.
AS 02.15.112 Notice of removal of unauthorized encroachment.
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Notice shall be given the owner, occupant, or person in possession of an unauthorized encroachment, or to another person causing or permitting the encroachment to exist, by serving upon any of them a notice demanding the removal of the encroachment within a time limit set by the …
AS 02.15.114 Removal at owner's expense after noncompliance; removal expense.
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Article 4. Airport Assistance. After a failure of the owner of an unauthorized encroachment to comply with a notice or order of the department under AS 02.15.104, 02.15.108, or 02.15.112, the department may remove the encroachment, or cause it to be removed. The owner of the unau…
AS 02.15.120 Assistance to construct, enlarge, or improve air navigation facilities.
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The department may match available funds with those of municipalities, federal agencies, or other state agencies, for project costs relating to the construction, enlargement, or improvement of airports. The department may assist persons in the construction, enlargement, and impro…
AS 02.15.130 Assistance to the federal government, municipalities, and other persons.
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The department may make available its engineering, maintenance, and other services, with or without charge, to the federal government, or to a municipality or person in connection with the planning, acquisition, construction, improvement, maintenance, or operation of airports or …
AS 02.15.140 State financial assistance.
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The department may grant or lend money, subject to the provisions of AS 02.15.060, 02.15.070, and 02.15.120, to any person or municipality or to municipalities acting jointly for project costs relating to the planning, acquisition, construction, improvement, maintenance, or opera…
AS 02.15.150 Federal aid.
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A municipality may not participate under the Federal Airport Act unless the department has approved its application. The department may approve, disapprove, or modify a municipal application for direct participation under the Federal Airport Act.
AS 02.15.155 Project costs defined.
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Article 5. Rural Airstrip and Seaplane Facilities. In AS 02.15.120 — 02.15.155, “project costs” includes, in addition to costs directly related to the project, the sum total of all costs of financing and carrying out the project including, but not limited to, the costs of all nec…
AS 02.15.160 Rural airstrip and seaplane facilities.
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The department may construct, maintain, or operate floats and seaplane ramp landing facilities, subject to the provisions of AS 02.15.060, 02.15.070, and 02.15.120. The department may construct, maintain, or operate emergency landing fields, or rural airstrips adequate to meet ru…
AS 02.15.170 Duty of department. [Repealed, § 14 ch 56 SLA 2001.]
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[Repealed or reserved.]
AS 02.15.180 Financial assistance. [Repealed, § 1 ch 94 SLA 1980.]
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Article 6. General Provisions.
AS 02.15.190 Collection of aeronautical data.
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The department may collect, assemble, and publish aeronautical data pertinent to the operation of aircraft within the state. This data is for the benefit of the aviation industry and the general public, and may not duplicate data published by any other governmental agency.
AS 02.15.200 Public nature of department activities.
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The acquisition of land or interests in land under this chapter, the planning, acquisition, establishment, construction, improvement, maintenance, equipment, and operation of airports and air navigation facilities, whether by the state separately or jointly with any person or mun…
AS 02.15.205 Approval required for airport construction. [Repealed, § 14 ch 56 SLA 2001.]
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[Repealed or reserved.]
AS 02.15.210 Exclusive rights prohibited.
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The department may not grant an exclusive right for the use of an airway, airport, or air navigation facility under its jurisdiction. This section does not prevent the making of contracts, leases, and other arrangements under AS 02.15.060 — 02.15.100 and 02.15.120, including excl…
AS 02.15.220 Enforcement of aeronautics laws.
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(a) The department and its officers and employees, and every state and municipal officer charged with the enforcement of state and municipal laws, shall enforce and assist in the enforcement of this chapter and of all regulations adopted and orders issued under it and any other s…
AS 02.15.225 Accidents involving state or municipal aircraft. [Repealed, § 14 ch 56 SLA 2001.]
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[Repealed or reserved.]
AS 02.15.230 Police powers vested.
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(a) The commissioner and those officers and employees of the department whom the commissioner may designate have general police powers in aid of the enforcement of this chapter and the regulations and orders issued under it and all other laws of the state relating to aeronautics.…
AS 02.15.240 Penalties.
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(a) A person violating a provision of this chapter, or a provision of a regulation adopted or order issued under this chapter is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $500, or by imprisonment of not more than 90 days, or by both. (b…
AS 02.15.250 Aeronautical fund. [Repealed, § 2 ch 14 SLA 1968.]
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[Repealed or reserved.]
AS 02.15.260 Definitions.
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In this chapter, (1) “aeronautics” means the science and art of flight including but not limited to transportation by aircraft; the operation, construction, repair, or maintenance of aircraft power plants and accessories, including the repair, packing, and maintenance of parachut…
AS 02.15.270 Short title.
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This chapter may be cited as the Alaska Aeronautics Act of 1949.