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 department
(1) an application for an airport building
permit on an airport form;
(2) one
set of plans and specifications for the proposed project in sufficient detail
for the department to understand and evaluate the project and its
scope;
(3) a boundary survey of the
premises, incorporating any boundary changes previously approved by the
department, 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) the required survey is not already on
file with the department at the date the lessee, permittee, or concessionaire
files the building permit application; and
(4) a non-refundable building permit
application fee of
(A) $200, if the
application is for the construction of a new building; or
(B) $75, if the application is for any other
kind of construction or installation, or for the demolition or removal of
improvements.
(c) When the department 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 department will approve an
application for an airport building permit unless
(1) the application must be denied under
17 AAC 45.010(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 or result in a violation of an applicable statute or regulation,
an exclusive right that 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);
(5) the proposed project or proposed use
would interfere with or is otherwise incompatible with the safety, security,
maintenance, or operation of the airport;
(6) the proposed project or proposed use is
inconsistent with sound airport planning;
(7) the proposed project or proposed use is
not consistent with the applicant's lease, permit, or concession;
(8) the project plans do not make sufficient
provision for drainage, for aircraft, vehicle, and equipment parking, or for
snow storage; or
(9) the proposed
project or proposed use is not compatible with the building, building systems,
or operation of a department-operated terminal building.
(e) The department will approve or deny an
application for an airport building permit in writing. If the department denies
the application, the department will 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 department will
(1) unless the department determines that it
is not 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 pending receipt of a permit; and
(2) require the lessee, permittee, or
concessionaire promptly to submit the application required under this
section.
(g) After
review of an application submitted pursuant to (f) of this section, the
department will approve or deny the application as provided under (e) of this
section. The lessee, permittee, or concessionaire shall,
(1) if the department grants a permit, comply
with any requirement that the department includes in the approval as necessary
to bring the activity into accord with the approval standards set out under (d)
of this section; and
(2) if the
department denies a permit, remove all unauthorized improvements and restore
the premises to the satisfaction of the department.
Authority:AS 02.15.020
AS 02.15.060
AS 02.15.090
