Current through August 30, 2024
(a) A person may
not taxi an aircraft across an airport boundary at a location or drive a
vehicle across an airport boundary other than on a public road or a
department-approved trail provided for that purpose and not posted by the
department as closed to such access, unless the person is authorized to do so
(1) under an airport boundary crossing permit
issued by the department under this section;
(2) under (o) of this section; or
(3) by written consent of the
department.
(b) An
application for an airport boundary crossing permit or for a term extension for
or material amendment to an existing airport boundary crossing permit must be
submitted to the department in writing and include
(1) for a new airport boundary crossing
permit, a detailed description of
(A) the
proposed location of the airport boundary crossing point;
(B) the proposed alignment, length, and width
of the vehicle access way or aircraft taxiway to be used to provide access from
the boundary to a public way or public aircraft taxiway on the
airport;
(C) the type and maximum
size of vehicle or aircraft that the applicant will operate across the
boundary; and
(D) the activity or
business the applicant intends to conduct on off-airport property in connection
with the permit;
(2) for
a term ex-tension for or material amendment to an existing airport boundary
crossing permit, a detailed description of, and justification for, the term
extension or material amendment being sought;
(3) a non-refundable application processing
fee of
(A) $500, if the application is for a
new airport boundary crossing permit; or
(B) $250, if the application is for a term
extension for or material amendment to an existing airport boundary crossing
permit;
(4)
documentation of the applicant's ownership of, lease of, right-of-way across,
or written permission to cross the land adjoining the airport at the proposed
boundary crossing; and
(5) a
description, site plan, and cost estimate for a taxiway, driveway, fencing,
gate, or other improvement that the applicant proposes to construct in
connection with the proposed boundary crossing, term extension, or material
amendment.
(c) Subject
to (d) of this section, an application for an airport boundary crossing permit
is approvable if the department determines that granting the permit is in the
best interest of the state. If an application for a boundary crossing permit is
approvable, the department will
(1) provide
public notice of the application in accordance with
17 AAC 45.400;
(2) require the applicant to pay the cost of
any newspaper publication the department has required under
17 AAC 45.400, unless the
applicant is exempt from the payment under federal law or the terms of a grant
to the department; and
(3) after
the public comment period set in the notice given under this subsection has
closed, confirm that the applicant has paid for newspaper publication of the
public notice, if required under this subsection.
(d) The department may deny an application
for an airport boundary crossing permit if the department determines that
(1) approval must be denied under
17 AAC 45.010(g);
(2) the activity or business the applicant
intends to conduct on off-airport property in connection with the permit can be
accommodated on property available for lease on the airport; or
(3) granting the permit
(A) is inconsistent with sound airport
planning or this chapter;
(B) will
interfere with or is otherwise incompatible with the safety, security,
maintenance, or effective and efficient operation of the airport;
(C) will conflict with FAA standards
applicable to the airport;
(D) will
reduce the airport's potential net revenue;
(E) will increase the airport's net
maintenance or operating costs; or
(F) is not in the best interest of the
state.
(e) A
decision by the department to deny an application for an airport boundary
crossing permit must be in writing and state the reasons for denial.
(f) After the public comment period stated in
the public notice under (c) of this section, including any extension of that
period, has closed, the department will consider any public comment or
objection that the department received in writing before the close of the
public comment period, and all facts known to the department, but not any
public comment or objection received after the close of the public comment
period, and, as applicable,
(1) if the
department has received no written comment or objection during the comment
period and has not otherwise altered its evaluation of the facts, issue the
permit;
(2) if the department has
received written comment or objection during the comment period, but the
department's determination that granting the permit is in the best interest of
the state remains unchanged, send to the applicant and to each person that
submitted a written comment or objection during the comment period and that
provided a return address, notice of the department's intent to execute the
permit; or
(3) if the department
determines in writing that the application should be denied under (d) of this
section, send to the applicant and to each person that submitted a written
comment or objection during the comment period and that provided a return
address, notice of the department's intent to deny the permit.
(g) An airport boundary crossing
permit must be in writing, be signed by the permittee and the department, and
include
(1) the authorized uses of the
crossing, including any restrictions as to use or users;
(2) a description of the location and
dimensions of the crossing;
(3)
identification of any airport land not otherwise under lease or permit to the
permittee that the permittee may use for vehicle access between the boundary
crossing location and a public road on the airport or for aircraft access
between the boundary crossing location and a runway, apron, taxi lane, or
taxiway on the airport; and
(4) a
provision allowing periodic adjustment of the annual permit fee and, if
applicable, adjustment of the land rental rate under
17 AAC 45.295.
(h) The department will not
execute a boundary crossing permit later than 270 days after the close of the
public comment period under the notice required by (c) of this section. The
department will not execute a boundary permit earlier than
(1) the day after the close of the public
comment period if the department receives no comments or objections within the
public comment period; or
(2) eight
days after the department mails a notice of intent to execute the permit if the
department receives any comment or objection within the public comment
period.
(i) If the
department issues an airport boundary crossing permit in connection with an
airport land lease, the department will set the permit term to coincide with
the term of the lease, unless the department determines that it is in the best
interest of the state to set a shorter permit term. If the department issues an
airport boundary crossing permit that is not connected with an airport land
lease, the department will set the term for the permit that is in the best
interest of the state, but not to exceed 20 years.
(j) An airport boundary crossing permit is a
revocable grant of permission and does not create a property interest. An
airport boundary crossing permit is not a land lease that qualifies the
permittee for preferential consideration for a new permit or lease or lease
term extension under
AS
02.15.090(c). The
department's revocable permission allowing the permittee to cross the airport
boundary is not a compensable right under this section if the permit is later
revoked or condemned.
(k) A
permittee may not assign or transfer an airport boundary crossing permit unless
the department has given prior written consent under
17 AAC 45.275.
(l) The permittee shall pay to the department
the annual fee for an airport boundary crossing permit established under
17 AAC 45.127(l).
In addition to paying the annual permit fee, the permittee shall pay
(1) rent at the greater of the applicable
land rental rate or $150, for any airport land not otherwise under lease or
permit to the permittee but identified in the boundary crossing permit as
subject to use by the permittee for vehicle access between the boundary
crossing location and a public road on the airport or for aircraft access
between the boundary crossing location and a runway, apron, taxi lane, or
taxiway on the airport; and
(2) the
fuel flowage fee established under
17 AAC 45.127 for each gallon of
fuel brought onto the airport across the boundary having been dispensed into an
aircraft or vehicle outside the airport and brought onto the airport across the
boundary.
(m) When it is
in the best interest of the state to do so, the department will, upon 30 days'
written notice to the permittee stating the reasons for the action, cancel a
boundary crossing permit and any associated land lease or permit. The
department
(1) will cancel the permit if the
boundary crossing permittee is not in compliance with the boundary crossing
permit and does not correct the noncompliance within the time specified in the
permit or in the notice; and
(2)
may, unless the permit provides otherwise in the best interest of the state,
cancel the permit for any reason not in violation of applicable law.
(n) An applicant or permittee may
protest the department's decision to deny an application or to cancel a permit
in accordance with
17 AAC 45.910.
(o) To the extent an airport boundary
crossing permit authorizes a customer or guest of the permittee to taxi an
aircraft or drive a vehicle across the airport boundary to access the
permittee's off-airport property, the customer or guest may do so without
obtaining a separate boundary crossing permit under this section.
(p) As used in this section, "airport
boundary" and "boundary" mean any border between land or water managed by the
department as part of an airport and any other land or water.
Authority:AS 02.15.020
AS 02.15.060
AS 02.15.090
