17 AAC 42.280. Airport building permit

(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.

History: Eff. 1/14/2001, Register 157

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090

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