17 AAC 42.710. Approval for airport construction

(a) This section applies to requests for the commissioner's approval to construct, reconstruct, relocate, or extend a runway, airstrip, or private air facility within two miles of a proposed or existing federal aid highway under AS 02.15.205 .

(b) For the purposes of AS 02.15.205 , the commissioner's approval is required only if the proposed airport construction, reconstruction, relocation, or extension of a runway airstrip or private air facility would or could create an obstruction to air navigation as determined under 14 C.F.R. 77, as amended through January 1, 2000.

(1) be submitted to the department in writing;

(2) detail the design of proposed construction; and

(3) include a map drawn to scale with sufficient topographic and dimensional detail to enable the department to analyze potential horizontal and vertical clearance conflicts between the proposed runway, airstrip, or private air facility and the federal aid highway.

(d) Before acting on a request for approval under this section, the commissioner will consider the safety of the traveling public and other persons and of aircraft and other property that may be affected by the proposed activity. The commissioner will approve or disapprove the request in writing. If the commissioner approves a request under this section, the approval will state any restrictions the commissioner determines necessary to assure that required clearances are maintained for the safety of persons and property. If the commissioner denies a request under this section, the denial will state the reasons for the denial in writing.

(e) The decision of the commissioner under this section may be appealed as provided in AS 44.62.330 - 44.62.630.

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

Authority: AS 02.10.010

AS 02.15.020

AS 02.15.060

AS 02.15.205

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