Current through August 30, 2024
(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 permit, an applicant must submit to the airport manager
(1) an application for an airport building
permit on an airport form;
(2) at
least two sets of plans and specifications for the proposed project in
sufficient detail for the airport manager to understand and evaluate the
project and its scope; and
(3) a
boundary survey of the premises, incorporating any boundary changes previously
approved by the manager, if
(A) the premises
is the subject of a land lease or of a permit or building lease that grants use
and occupancy of an area of airport land; and
(B) such a survey is not already on file with
the manager at the date the lessee, permittee, or concessionaire files the
building permit application.
(c) When the airport manager requests, the
applicant for an airport building permit shall also submit documentation
showing that
(1) the applicant has the
financial capability to complete the proposed project; and
(2) the plans and specifications have
received any approval required by other government agencies having jurisdiction
over the proposed project.
(d) The airport manager shall approve an
application for an airport building permit unless
(1) the application must be denied under
17 AAC 42.010(g);
(2) the applicant does not demonstrate
adequate financial resources to complete the proposed project;
(3) the project plans, specifications, and
agency approvals submitted by the applicant are not complete or are otherwise
inadequate to evaluate the project;
(4) the proposed project or proposed use
would violate an applicable statute or regulation, 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 42.010(d);
(5) the proposed project or proposed use
would result in a violation of an applicable statute or regulation;
(6) the proposed project or proposed use
would interfere with or is otherwise incompatible with the safety, security,
maintenance, or operation of the airport;
(7) the proposed project or proposed use is
inconsistent with sound airport planning;
(8) the proposed project or proposed use is
not consistent with the applicant's lease, permit, or concession;
(9) the project plans do not make sufficient
provision for drainage, for aircraft, vehicle, and equipment parking, or for
snow storage; or
(10) the proposed
project or proposed use is not compatible with the building, building systems,
or operation of a department-operated terminal building.
(e) The airport manager shall approve or deny
an application for an airport building permit in writing. If the manager denies
the application, the manager shall state the reason for the denial in
writing.
(f) If a lessee,
permittee, or concessionaire does not obtain an airport building permit before
beginning an activity described in (a) of this section, the airport manager
shall, when it is in the interest of safe, effective, or efficient operation of
the airport to do so, require the lessee, permittee, or concessionaire to cease
or suspend the activity and to submit the application required under this
section. After review of the application, the manager shall approve or deny the
application as provided under (e) of this section. The lessee, permittee, or
concessionaire shall,
(1) if the manager
grants a permit, comply with any requirement that the manager includes in the
approval as necessary to bring the construction into compliance with the
permitting standards of this section; and
(2) if the manager denies a permit, remove
all unauthorized improvements and restore the premises.
Authority:AS
02.15.020
AS 02.15.060
AS
02.15.090
