reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.080 - General vehicle rules

Current through May 31, 2024
(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 provided for that purpose and not
				posted by the department as closed to airport access, except as specifically
				provided under an airport boundary crossing permit issued under
				17 AAC 45.285.
(c) Subject to
				17 AAC 45.030, an aircraft
				operated on an airport has the right-of-way over a vehicle on the airport. The
				operator of a vehicle on an airport may not interfere with or cause a hazard to
				the movement of aircraft on the airport.
(d) A person may not operate a vehicle on an
				airport in excess of a speed limit posted by the airport manager for that
				airport roadway or area. On an airport roadway or area for which the airport
				manager has not posted a speed limit, a person may not operate a vehicle in
				excess of 25 miles per hour. This subsection does not apply to a person
				operating an emergency vehicle responding to an emergency.
(e) A person may not park a vehicle inside a
				department-operated terminal building, except while loading or unloading
				baggage or freight at a location designated for that purpose, unless the
				airport manager has otherwise approved in writing.
(f) A person who brings a vehicle onto or
				keeps a vehicle on an airport does so at the person's own risk with respect to
				security, maintenance, and operation of the vehicle. The department is
				responsible for the security, maintenance, or operation of a vehicle on an
				airport only if the department owns or leases the vehicle.
(g) A person operating a vehicle on an
				airport operated by the department under  14 C.F.R. Part 139  must be in
				possession of an operator's license, current and issued to the person, required
				by law for the type of vehicle being operated.
A list of airports operated by the department under  14
					 C.F.R. Part 139  is available at the commissioner's office at the address
					 provided in
					 17 AAC 45.005.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.090
AS 02.15.220
AS
					 02.15.230
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.085 - Vehicles in restricted areas

Current through May 31, 2024
(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 restricted area is closed to all vehicles
				except the following:
(1) a vehicle operated
				by a department employee or contractor for maintenance purposes;
(2) a vehicle required for the loading,
				unloading, and transporting of passengers or the servicing of an aircraft on
				the aircraft parking apron at the airport;
(3) a public safety or emergency vehicle when
				engaged in the performance of public safety or emergency duties at the airport;
				and
(4) any other vehicle
				authorized to be in the restricted area by law or in writing by the airport
				manager.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.090 - Vehicle parking

Current through May 31, 2024
(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, parking time
				limits, vehicle size limits, parking restrictions by vehicle type, and vehicle
				loading and unloading zones as appropriate for the operation of the
				airport.
(c) A person parking a
				vehicle in a metered parking space shall pay the parking fee required by the
				meter.
(d) A person may not abandon
				a vehicle on an airport, park a vehicle in a designated no-parking area, park a
				vehicle in violation of posted vehicle size limits, or park a vehicle for a
				period in excess of a posted time limit.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.090
AS 02.15.230
AS
					 02.20.050
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.095 - Commercial passenger vehicle permit

Current through May 31, 2024
(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. In determining the best interest of the state, the commissioner will
				consider, in addition to the factors listed under
				17 AAC 45.900,
(1) the volume of commercial passenger
				vehicle traffic and other vehicle traffic at the airport;
(2) the potential impact of the fees that
				would be imposed on commercial passenger vehicle operators and their customers
				if a permit were required under this section; and
(3) the estimated cost of implementing the
				requirements of this section at the airport as compared to the potential
				revenue that the department would receive.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.105 - Business activity permit

Current through May 31, 2024
(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 current business activity permit issued under
				this section expressly authorizing the conduct of that business on that
				airport:
(1) an aircraft maintenance or
				repair business;
(2) a business
				that performs aircraft ground handling services;
(3) a commercial fueling service;
(4) selling, offering for sale, or providing
				goods or services commercially to the general public in a department-operated
				terminal building, including use of terminal space for distribution of
				pre-ordered merchandise;
(5) a
				vehicle rental business;
(6) an
				aircraft or aircraft parts sales business;
(7) a valet parking service or airport
				parking service;
(8) a food service
				business.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.110 - Consideration of application for business activity permit; permit requirements

Current through May 31, 2024
(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 security, safety, maintenance, or
				operation of the airport;
(3) the
				proposed activity would violate applicable law, the state's obligations under
				revenue bonds issued under
				AS
				37.15.410-37.15.550, an exclusive right the
				department has granted to another person, a covenant running with the airport
				land, or an applicable FAA grant assurance adopted by reference under
				17 AAC 45.010(e);
				or
(4) the proposed activity would
				be inconsistent with sound airport planning.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.111 - Special event permit

Current through May 31, 2024
(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
				application form in writing to the department and include a non-refundable $200
				application fee and any other fee as applicable under
				17 AAC 45.127.
(c) A special event permit authorizes the
				permittee to conduct the specified type of event only on the specific airport
				identified on the permit application form.
Authority:
AS 02.15.020
AS 02.15.060
AS 02.15.090
AS 02.15.220
AS 02.15.230
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.112 - Consideration of application for special event permit; permit requirements

Current through May 31, 2024
(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 the airport;
(3) the proposed event would violate
				applicable law, the state's obligations under revenue bonds issued under
				AS
				37.15.410 -
				37.15.550, an exclusive right the
				department has granted to another person, a covenant running with the airport
				land, or an applicable FAA grant assurance adopted by reference under
				17 AAC 45.010(e);
				or
(4) the proposed event is not
				compatible with the state's best interests.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.115 - Unauthorized parking and impound

Current through May 31, 2024
(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)
				the manager shall attempt to identify and locate the owner of the property and
				to have the owner remove it;
(2)
				the manager shall attach a warning tag or other written notice to the property
				that directs the owner to pay any fees due, to remove the property by the time
				and date that the manager states on the tag or notice, or to do both, and that
				states that failure to do so will result in impound of the property under this
				section; the time and date stated on the tag or notice may not be less than 48
				hours nor more than 14 days after the time and date the tag or notice is
				attached to the property;
(3) if
				the owner has not timely paid the applicable fees or removed the property as
				directed on the tag or notice, the manager shall attach a tag or other written
				notice to the property stating that the property is impounded under this
				section and setting out the procedures for the owner to obtain the property
				from impound.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.120 - Accidents

Current through May 31, 2024
(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 accident or incident; if for good reason the owner or operator cannot
				report within the time limits in this section, the owner or operator shall
				report as soon as possible under the circumstances:
(1) if the aircraft or vehicle or a condition
				of the airport poses an imminent safety hazard, immediately after the accident
				or incident;
(2) if the accident or
				incident involves bodily injury or death or damage to a person's property in
				excess of $500, within one hour after the accident or incident; or
(3) in all other cases, within twenty-four
				hours after the accident or incident.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.125 - Lease rates, interest, late notice fee, and security for payment

Current through May 31, 2024
(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 award.
(b) Interest at the rate provided in
				AS
				45.45.010 accrues on and attaches to any
				unpaid rent, fee, or charge under this chapter from the date payment is due
				through the date paid.
(c) In
				addition to interest assessed under (b) of this section, a lessee, permittee,
				or concessionaire must pay to the department a late notice fee of $50 for the
				first notice, $100 for the second notice, and $200 for the third and any
				subsequent notice when the department issues a late notice to the lessee,
				permittee, or concessionaire for
(1)
				non-payment of a rent or fee by the date required by the lease, permit, or
				concession; or
(2) failure to
				submit to the department a certified activity report by the date required by
				the lease, permit, or concession.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.128 - Landing at Sand Point Airport fees

Current through May 31, 2024
(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 payment
				of landing fees:
(1) Aircraft engaged in
				flights required for Federal Aviation Administration mandated maintenance;
				and
(2) Aircraft owned by a
				domestic governmental entity or the Civil Air Patrol.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.130 - Waiver of rents or fees

Current through May 31, 2024
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-way for
				a public road or a public access way that serves an airport;
(2) a lease, license, easement, right-of-way,
				or permit granted to a government agency for an activity directly related to
				and in support of the operation of an airport;
(3) a lease or permit for land or building
				space granted to the Alaska Wing, Civil Air Patrol, except for an activity that
				is typically offered to the public, other than Civil Air Patrol members, for a
				fee;
(4) a land lease or permit to
				a local government for a local government-owned passenger terminal or passenger
				shelter building on an airport that provides the primary transportation access
				for a community with a population of at least 25 but less than 1,500, subject
				to the following conditions:
(A) the land and
				building may be used for only airport terminal purposes and not for any other
				private or community purpose;
(B)
				the land and building must be available for public use free-of-charge, except
				as provided in (D) of this paragraph, and on a non-discriminatory
				basis;
(C) the land and building
				may not be used for revenue-generating purposes, except as provided in (D) of
				this paragraph; and
(D) if and to
				the extent authorized in the lease and approved by the department, the local
				government may charge fees no greater than required to recover building
				operation and maintenance costs;
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.135 - Airport planning and programs for FAA compliance

Current through May 31, 2024
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 for federal funds or
				  for participation in a federal aviation program. A manual, plan, or program
				  prepared under this section is an information resource that the department and
				  the airport manager may consult in making decisions under this chapter, but is
				  not mandatory guidance or a regulation of the department.
A copy of any document prepared under this section for an
					 airport is available through the commissioner's office at Commissioner of
					 Transportation and Public Facilities, Department of Transportation and Public
					 Facilities, 3132 Channel Drive, Juneau, AK
					 99801-7898.
Authority:
AS
					 02.15.020
AS 02.15.060
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.140 - Airport noise compatibility program

Current through May 31, 2024
(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 compatibility between the operation of those
				aircraft and the surrounding community.
(b) The department will follow the procedures
				of AS
				44.62.180-44.62.290 in developing a noise
				compatibility program under this section. A noise compatibility program
				developed by the department must be approved by the FAA under
				14 C.F.R.
				150.23, as amended as of January 1, 2007,
				before it is forwarded to the commissioner.
Authority:
AS
					 02.15.020
AS 02.15.060
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.145 - Airport zoning

Current through May 31, 2024
(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
				formally designated and zoned areas of and surrounding the airport that
				complies with the requirements of
				AS
				02.25.010-02.25.110.
(b) An airport zoning plan developed by the
				department under (a) of this section must provide for the safe, effective, and
				efficient operation and use of the airport area and optimize development on the
				airport. The department will follow the procedures of
				AS
				44.62.180-44.62.290 in developing the plan
				and will forward the plan to the commissioner for possible adoption by
				reference in this chapter.
(c) The
				department, in developing airport zoning under this section, will consider
				sound airport planning and will ensure compliance with applicable federal law
				and the achievement or maintenance of eligibility to receive federal money and
				to participate in federal aviation programs.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.090
AS 02.25.020
AS
					 02.25.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.150 - Opportunity to comment

Current through May 31, 2024
(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 of (a) of
				this section, before developing a zoning plan under
				17 AAC 45.145, the department will
				also conduct a hearing on the plan in accordance with
				AS
				02.25.030.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.200
AS
					 02.25.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.200 - Lease, permit, concession, or other interest for use of airport property

Current through May 31, 2024
(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 permit
				under 17 AAC 45.095;
(2) a business activity permit under
				17 AAC 45.105;
(3) an assigned aircraft parking permit under
				17 AAC 45.500 -
				17 AAC 45.590;
(4) a transient aircraft parking permit under
				17 AAC 45.600; or
(5) a first amendment activity permit under
				17 AAC 45.800 -
				17 AAC 45.810.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.205 - Application for or material amendment to a lease, permit, concession, or other interest

Current through May 31, 2024
(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
				department and must include
(1) a description
				of the property or interest requested;
(2) a description of the proposed activity or
				business and, if the applicant proposes a business use, a description of the
				activities proposed to be conducted on the airport and a copy of the
				applicant's business license;
(3) a
				description, site plan, cost estimate, and method of financing for the proposed
				improvements;
(4) a list of any
				aircraft that the applicant intends to base on the airport;
(5) a non-refundable application fee of
(A) $500, if the application is for a new
				lease, concession, or other interest;
(B) $250, if the application is for a
				successive lease, a new permit, or a term extension for, or a materia. 1
				amendment to, an existing lease, permit, concession, or other interest;
				or
(C) no charge, if the applicant
				is a federal agency that is exempt from the fee under federal law or the terms
				of a grant to the department; and
(6) the length of term or extension
				requested;
(7) repealed
				3/22/2008.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.210 - Consideration of application for a lease, permit, concession, material amendment, or other interest subject to competition

Current through May 31, 2024
(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 competition under
				AS
				02.15.090(c). The department
				may determine under
				17 AAC 45.300(a)
				or under (g) of this section that a lease, permit, concession, or other
				interest for which an applicant has applied under this section will be awarded
				by competitive means under
				17 AAC 45.300 -
				17 AAC 45.399.
(b) The department will review the
				application and will determine whether it is approvable, subject to public
				notice and comment under
				17 AAC 45.400. An application is
				approvable under this subsection unless
(1)
				the proposed use is prohibited by or inconsistent with
(A) the state's obligations under a covenant
				running with the airport land;
(B)
				an exclusive right, consistent with FAA requirements, granted by the department
				to another person;
(C) sound
				airport planning or considerations of security, safety, maintenance, or
				operation of the airport;
(D) the
				applicable provisions of this chapter and of any other statute or regulation,
				including any relating to noise or airport land use; or
(E) any applicable FAA grant assurance
				incorporated by reference under
				17 AAC 45.010(e)
				or any written plan or program required for compliance with applicable state or
				federal law;
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.215 - Consideration of application for a land lease or a term extension of a land lease without competition

Current through May 31, 2024
(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 has not expired or is in
				holdover; and
(2) is applying for
				the same land and substantially the same use as stated in the existing
				lease.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.220 - Lease, permit, concession, or other interest term limitations

Current through May 31, 2024
(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 non-aeronautical use of a premises that the department has determined in
				writing will be needed for an aeronautical use in the future, the department
				will first estimate when the premises will likely be needed for aeronautical
				use. A term or a term extension for a nonaeronautical use of those premises may
				not run beyond the time that the department estimates the premises will become
				needed for an aeronautical use and is subject to further extension only to the
				extent that need does not arise or is otherwise satisfied or deferred by the
				department.
(c) Before the
				department approves or extends the term of a lease, permit, concession, or
				other interest for any use of a premises that the department has determined in
				writing will be needed for airport development in the future, the department
				will first estimate when the premises will likely be needed for airport
				development. A term or a term extension for use of those premises may not run
				beyond the time that the department estimates the premises will become needed
				for airport development and is subject to further extension only to the extent
				that need does not arise or is otherwise satisfied or deferred by the
				department.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.090
AS
					 02.15.210
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.225 - Land lease term or term extension

Current through May 31, 2024
(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 limitations of
				17 AAC 45.215 and
				17 AAC 45.220 and the
				considerations in (b) of this section.
(b) In setting or extending the term for a
				land lease, the department will consider
(1)
				the applicant's actual or proposed development and use of the
				premises;
(2) sound airport
				planning and anticipated needs for security, safety, maintenance, and operation
				of the airport;
(3) future
				development needs of the airport;
(4) applicable covenants running with the
				land and restrictions in the state's title to airport property;
(5) the amount of investment, purchase price,
				fair market value, or remaining useful life of permanent improvements
				documented in the application, as applicable;
(6) the applicant's plan for remediation of
				any environmental contamination if the applicant did not cause or materially
				contribute to the contamination; and
(7) the proposed method and terms of
				financing the applicant's investment; and
(8) the best interest of the state.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.230 - Documentation of costs, purchase price, opinion of remaining useful life, or fair market value of permanent improvements

Current through May 31, 2024
(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 costs, excluding financing costs, by providing
(A) a statement of project costs signed by
				the contractor who performed the work;
(B) a statement of project costs signed by a
				certified public accountant;
(C) a
				copy of a contractor payment schedule specific to the project;
(D) a notarized affidavit signed by the
				applicant or lessee attesting to the project costs, with an itemized listing of
				site costs and copies of invoices reflecting payment of those costs;
				or
(E) if the information described
				at (A) - (D) of this paragraph is not available as evidence of the cost, an
				estimate of project costs prepared and signed by a contractor or an architect
				or engineer registered under AS 08.48 or a general real estate appraiser
				certified under AS 08.87; this estimate must reflect costs as of the date of
				construction completion and must include cost data to support the
				estimate;
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.235 - Permit, concession, building lease, or government agency land lease term or term extension

Current through May 31, 2024
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 anticipated
				needs for security, safety, maintenance, and operations of the
				airport;
(3) future development
				needs of the airport;
(4)
				applicable covenants and restrictions in the state's title to airport
				property;
(5) the applicant's
				actual or proposed investment in permanent improvements and site
				development;
(6) the needs of a
				government agency applicant;
(7)
				the best interest of the state.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.090
AS
					 02.15.210
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.240 - Agreement to complete construction or remediation

Current through May 31, 2024
(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 following periods:
(1) in the case of construction, the time
				that the department sets in the lease, permit, or concession; the time set will
				not exceed two years unless the lessee shows to the department's satisfaction
				that a longer period of time is required considering the cost, type, and
				phasing of construction and any required remediation under
				17 AAC 45.225(b) (6) and that granting a longer period of time
				to complete the construction or remediation is not inconsistent with the best
				interest of the state; or
(2) in
				the case of remediation, the time set in a remediation plan that the lessee,
				permittee, or concessionaire submits under
				17 AAC 45.225(b) (6) and that the department
				approves.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.242 - Damage to lessee-owned permanent improvements

Current through May 31, 2024
(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 department after removing the damaged
				improvements and restoring the premises to a clean and neat physical condition
				acceptable to the department.
(b)
				Except as provided in (a) of this section, if lessee-owned permanent
				improvements on the premises are damaged or destroyed, the lessee shall repair,
				rebuild or replace the improvements to function normally within two years after
				the date on which the improvements were damaged or destroyed. If the lessee
				materially fails to complete the repair, reconstruction, or replacement of the
				damaged or destroyed improvements within the allowed time, the department will
(1) unilaterally reduce the term of the lease
				so that the total term from the beginning of the lease is consistent with the
				cost or value of the undamaged improvements remaining on the premises, using
				the table in
				17 AAC 45.225(j);
				or
(2) grant an extension of time
				for the lessee to complete the repair, reconstruction, or replacement of
				damaged or destroyed improvements on the premises for good cause shown by the
				lessee and upon a finding that the action would be consistent with the best
				interest of the state.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.245 - Disposition of permanent improvements and site development materials on a land lease

Current through May 31, 2024
(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, are the lessee's property as long as the lease remains in effect,
				including any period of extension or holdover with consent of the
				department.
(b) Unless otherwise
				provided in a land lease or the department otherwise directs under (f) of this
				section, at the expiration, cancellation, or termination of a lease that is
				neither extended nor followed by a successive lease, the departing lessee may
				do one or more of the following:
(1) remove
				lessee-owned permanent improvements from the premises, remediate any
				contamination for which the lessee is responsible under this chapter, and
				restore the premises to a clean and neat physical condition acceptable to the
				department within 60 days after the expiration, cancellation, or termination
				date of the lease;
(2) sell
				lessee-owned permanent improvements to the succeeding lessee, remove all
				personal property, remediate any contamination for which the lessee is
				responsible under this chapter, and leave the premises in a clean and neat
				physical condition acceptable to the department within 60 days after notice
				from the department that the department has approved an application for a lease
				of the premises by another person or such longer period specified in the
				notice, but in no event more than 180 days after the expiration, termination,
				or cancellation date of the lease;
(3) elect to have the department sell
				lessee-owned permanent improvements at public auction under (c) and (d) of this
				section, remediate any contamination for which the lessee is responsible under
				this chapter, and restore the premises to a clean and neat physical condition
				acceptable to the department; if the department sells permanent improvements
				under this paragraph for removal from the premises, the departing lessee's
				obligation under this paragraph continues until the premises are remediated and
				restored to a clean and neat physical condition acceptable to the department
				after the improvements have been removed.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.250 - Disposition of removable improvements on a building lease or concession

Current through May 31, 2024
(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 building lessee or concessionaire constructs or purchases
				on the premises and that the department determines can be removed without
				material damage to a state-owned building or land remain the lessee's or
				concessionaire's property while the building lease or concession remains in
				effect, including any period of extension or holdover.
(c) Unless the applicable building lease or
				concession provides otherwise, at the expiration, termination, or cancellation
				of the building lease or concession, the department will take one or more of
				the following actions with respect to the departing building lessee's or
				concessionaire's improvements that can be removed without material damage to
				the building or land:
(1) allow the departing
				building lessee or concessionaire to sell those improvements to a succeeding
				lessee or concessionaire of the premises, remove all personal property,
				remediate any contamination for which the departing lessee or concessionaire is
				responsible under this chapter, and leave the premises in a clean and neat
				physical condition acceptable to the department within 30 days after notice
				from the department that the department has approved an application for a lease
				of the premises to another person or by such earlier date stated in the notice,
				but in no event more than 90 days after the expiration, termination, or
				cancellation date of the lease or concession;
(2) allow or direct the departing building
				lessee or concessionaire to remove those improvements, remediate, consistent
				with applicable law, any contamination for which the departing lessee or
				concessionaire is responsible under this chapter, and restore the premises to a
				clean and neat physical condition acceptable to the department; or
(3) allow the departing building lessee or
				concessionaire to transfer title to those improvements to the department, with
				or without payment of consideration, remove all personal property, remediate
				any contamination for which the departing lessee or concessionaire is
				responsible under this chapter, and leave the premises in a clean and neat
				physical condition acceptable to the department.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.252 - Holdover

Current through May 31, 2024
(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
				occupy the premises in holdover after the expiration of a lease, permit, or
				concession, the holdover ends on the earliest of the following:
(1) the date on which the department and the
				lessee, permittee, or concessionaire execute
(A) a term extension for the lease, permit,
				or concession; or
(B) a lease,
				permit, or concession for the premises;
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.255 - Condemnation of leasehold or improvements

Current through May 31, 2024
(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 all
				rights of the lessee, permittee, or concessionaire in the premises terminate as
				of the date of taking and the rent payable will be adjusted so that rent is due
				only until the date that the lessee, permittee, or concessionaire is required
				to surrender possession of the entire premises; and
(2) the department is entitled to all payment
				made for the taking, except for any amount paid as the fair market value of the
				permanent improvements owned by the lessee, permittee, or
				concessionaire.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.260 - Assignment

Current through May 31, 2024
(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 crossing
				permit issued under
				17 AAC 45.285, may not be
				assigned. For purposes of this section, any single or cumulative transfer of
				more than 50 percent interest in a joint venture, partnership, limited
				liability company, corporation, or other dual or multi-party entity that holds
				a lease, sublease, airport boundary crossing permit, or concession is an
				assignment of an interest subject to approval under this section.
(b) Unless the lease, sublease, airport
				boundary crossing permit, or concession expressly provides otherwise, a lessee,
				sublessee, airport boundary crossing permittee, or concessionaire may not
				assign all or a portion of a lease, sublease, airport boundary crossing permit,
				or concession, including improvements, without the prior written consent of the
				department under
				17 AAC 45.275. A sublessee may not
				assign a sublease without also obtaining the written consent of the sublessor.
				An assignment made contrary to the requirements of this section and
				17 AAC 45.275 is void.
(c) A request for consent to an assignment
				must be submitted to the department in writing and must include
(1) the name, address, and telephone contact
				number for the proposed assignee;
(2) a description of the premises to be
				assigned;
(3) a description of the
				proposed assignee's intended use of the premises;
(4) financial and other information about the
				proposed assignee establishing the proposed assignee's ability to carry out the
				financial and other obligations under the lease or concession;
(5) three originals of the executed
				assignment documents with notarized signatures of the assignor and proposed
				assignee; and
(6) a non-refundable
				$200 assignment processing fee.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.265 - Assignment for security purposes

Current through May 31, 2024
(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 not
				assign for security purposes all or a portion of or any interest in a lease or
				concession, including improvements, without the prior written consent of the
				department under
				17 AAC 45.275. An assignment for
				security purposes made contrary to the requirements of this section and
				17 AAC 45.275 is void.
(c) A request for consent to an assignment
				for security purposes must be submitted to the department in writing and must
				include
(1) the name, address, and telephone
				contact number for the proposed assignee;
(2) three originals of the executed
				assignment documents with notarized signatures of the assignor and proposed
				assignee;
(3) unless the department
				requests additional copies, one copy of any deed of trust, promissory note, or
				other document that is a part of the security assignment transaction;
				and
(4) a non-refundable $500
				security assignment processing fee.