17 AAC 42.620. Terms and conditions

(a) The terms and conditions set out in this section apply to and are incorporated into all tiedown permits issued under 17 AAC 42.600 - 17 AAC 42.699.

(b) A tiedown permit issued on or before March 31, 2005 expires on March 31, 2005. A tiedown permit issued on or after April 1, 2005 and on or before March 31, 2010 expires on March 31, 2010. Tiedown permits issued after March 31, 2010 expire at succeeding five-year intervals after that date.

(d) A permittee may not transfer or sublet a permit or allow a person to park an aircraft not listed on the permit in the permittee's tiedown space.

(e) Subject to the requirements and limitations established under 17 AAC 42.625, a permittee may use a tiedown space only to

(1) park an airworthy aircraft that is listed on the permit for the space;

(2) perform all maintenance and repair on an aircraft that is listed on the permit for the space so long as the permittee is authorized to perform the work under 14 C.F.R. Part 43, as amended through January 1, 2000;

(3) authorize others to perform maintenance and repair on an aircraft that is listed on the permit, subject to the requirements of 17 AAC 42.105;

(4) temporarily park one or more vehicles and a permittee-owned mobile fuel tank if the space is a float space or a north general aviation gravel space; in any other category of tiedown space, a permittee may temporarily park one or more vehicles and a permittee-owned mobile fuel tank only while the aircraft assigned to the space is being flown, while the aircraft or the space is being repaired or serviced, or while the permittee is otherwise present at the space;

(5) install improvements on a space, subject to the requirements and restrictions of this section; and

(6) on a space permitted for commercial purposes, temporarily

(A) park aircraft of a customer of the permittee if the permittee is an aircraft maintenance and repair business located on a premises on the airport and the permittee obtains the airport manager's prior approval;

(B) park a vehicle owned by a person who pilots an aircraft listed on the permit for the space, whether or not the aircraft is being flown; and

(f) A person who accepts a permit for a tiedown space accepts the space on an "as is" basis. A permittee shall keep the space in a clean, neat, and presentable condition. A permittee shall provide adequate aircraft and vehicle parking on the space to avoid any interference with or obstruction of public roads and taxiways and other spaces and premises.

(g) A permittee must obtain an airport building permit under 17 AAC 42.280 before installing any improvements on a tiedown space other than tiedowns, docks, or storage boxes. Improvements placed on a tiedown space must be portable, must be located to allow for adequate aircraft and vehicle parking on the space, and must not interfere with operations on an adjacent space or aircraft movement area. A permittee may use only screw-in, duckbill, or cable tiedown equipment or another method that the airport manager specifically approves to anchor an aircraft on a tiedown space. A permittee may keep a storage box on any category of tiedown space if the box does not interfere with operations on a public road or taxiway or another space or premises.

(h) An aircraft or vehicle that is parked in violation of this section, 17 AAC 42.625, or any other applicable provision of this chapter is subject to impoundment by the airport manager under 17 AAC 42.115.

(i) The department is not obligated to perform snow and ice removal in a tiedown space. A permittee shall flag or mark all personal property installed or stored on a tiedown space in the winter at a visible height so that the property does not obstruct snow removal operations.

(j) A permittee must begin parking an airworthy aircraft that is listed on the permit on the designated space within 90 days after the permit is issued, unless the space is a float or a ski strip space. On a float space, a permittee must begin parking an airworthy float-equipped aircraft that is listed on the permit on the designated space within 90 days after the permit is issued or 30 days after the float pond is first unfrozen and open for use, whichever is later. On a ski strip space, a permittee must begin parking an airworthy ski-equipped aircraft that is listed on the permit on the designated space within 90 days after the permit is issued or 30 days after the ski strip is open for use, whichever is later.

(k) If an aircraft listed on a permit ceases to be airworthy or if the permittee disposes of or ceases to hold an interest in an aircraft listed on the permit and if there is no other aircraft listed on the permit that satisfies the requirements of 17 AAC 42.610, the permittee must within 270 days after the date that the aircraft first ceased to be airworthy or the date the permittee disposed of or ceased to hold an interest in the aircraft, whichever date is earlier, restore the aircraft to an airworthy condition or obtain a replacement aircraft to list on the permit and to operate from the tiedown space.

( l ) If at any time after the permittee complies with the applicable requirements of (j) of this section no aircraft listed on a float permit is float-equipped, the permittee shall equip an aircraft listed on the permit with floats within the later of 270 days after the last date any aircraft listed on the permit was float-equipped or the first date after that 270 days that the float pond is unfrozen and open for use.

(m) If at any time after the permittee complies with the applicable requirements of (j) of this section no aircraft listed on a ski strip permit is ski-equipped, the permittee shall equip an aircraft listed on the permit with skis within the later of 270 days after the last date any aircraft listed on the permit was ski-equipped or the first date after that 270 days that the ski strip is open for use.

(n) On a north general aviation gravel space, a permittee

(1) may park only airworthy wheel- or ski-equipped aircraft;

(2) may install a storage shed; and

(3) must install a permittee-owned above ground fuel storage tank, submit documentation to the airport manager that the permittee shares an above ground fuel storage tank with an adjacent permittee, or store a permittee-owned mobile fuel tank.

(o) On a float space, a permittee

(1) must park an airworthy float-equipped aircraft when the float pond is unfrozen and open for use;

(2) may park an airworthy wheel- or ski-equipped aircraft; and

(3) may store floats if the floats fit the aircraft listed on the permit for the space and the permittee owns or leases the floats.

(p) On a ski space, a permittee must park an airworthy ski-equipped aircraft when the ski strip is open for use and may, park an airworthy wheel-equipped aircraft.

(q) On an east side float space, a permittee

(1) may park a second airworthy aircraft if the permittee owns or leases the aircraft, lists the aircraft on the permit, and pays any applicable fee established under 17 AAC 42.125;

(2) may install an above-ground fuel storage tank, a storage shed, and a dock; and

(3) may store a permittee-owned mobile fuel tank.

(r) On a west side float space, a permittee may park aircraft only on the water or on the ice and may install a dock.

(s) The airport manager shall conduct periodic inspections of tiedown spaces and permit files to monitor compliance with the requirements of 17 AAC 42.600 - 17 AAC 42.699 and specifically to confirm that

(1) a properly equipped, airworthy aircraft that is listed on the permit is parked on the space within or during the applicable periods required under 17 AAC 42.600 - 17 AAC 42.699; and

(2) the permittee is the owner or lessee of the aircraft parked on the space.

(t) If the airport manager has reason to believe that a permittee is not in compliance with the applicable requirements of 17 AAC 42.600 - 17 AAC 42.699, the manager may require a permittee to submit to the manager written verification or documentation the manager considers appropriate to establish that the permittee is in compliance with the applicable requirements of 17 AAC 42.600 - 17 AAC 42.699.

(u) If a permittee dies, the permittee's estate, after written notice to the airport manager, may keep the permit for up to 180 days after the date of the permittee's death in order to sell or remove the permittee's aircraft. The estate shall pay the rent for the space as required under this section. The estate shall notify the airport manager when the permittee's aircraft is sold and when the aircraft is removed from the tiedown space. The permit terminates at the earliest of

(1) ten days after the permittee's aircraft is been sold;

(2) the date the aircraft is removed from the tiedown space; or

(3) the expiration of 180 days after the death of the permittee.

(v) At and after cancellation or termination of a permit, expiration of a permit not followed by a subsequent permit, or reassignment to a new space under 17 AAC 42.640 or 17 AAC 42.670, the permittee or permittee's estate, as applicable, shall continue to pay rent for the space until the permittee or the permittee's estate has

(1) removed all personal property from the space as provided in (w) of this section;

(2) restored the space to a clean, neat, and presentable condition to the satisfaction of the airport manager; and

(3) peaceably and quietly vacated the space.

(w) A permittee whose permit has expired and is not followed by a subsequent permit, whose permit has been cancelled or terminated, or who is reassigned to a new space under 17 AAC 42.640 or 17 AAC 42.670 shall vacate the permit space at the permittee's own expense. The permittee shall

(1) within 14 days after cancellation, termination, or expiration of the permit or acceptance of the reassignment, as applicable, remove the permittee's aircraft from the old tiedown space and, as applicable, relocate the aircraft to the new tiedown space;

(2) except as provided in (3) of this subsection,

(A) relocate to any new space or remove from the airport all of the permittee's personal property from the vacated space; and

(B) restore the space to a clean, neat, and presentable condition to the satisfaction of the airport manager; and

(3) if the permittee requests information to enable the permittee to offer some or all of the permittee's personal property on the space for sale to the permittee's successor at the vacated space, within 14 days after the manager notifies the permittee of the name and address of the permittee's successor at the vacated space,

(A) sell or otherwise transfer to the successor any of the permittee's personal property that the permittee agrees to transfer and the successor agrees to purchase or accept; and

(B) satisfy the requirements of (2) of this subsection.

(x) If a permittee or a permittee's estate, as applicable, shows good cause to the satisfaction of the airport manager, the manager shall approve a request to extend the time to perform an act required under (j), (k), (1), (m), or (w) of this section. The request must be in writing and include justification for the request and a date by which the required act will be completed. Any extension or combination of extensions granted under this subsection must be in writing and may not exceed one year.

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

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090

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