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(a) Except as provided in an airport boundary crossing permit issued by the department under this section or as provided in (n) of this section, a person may not
(1) drive a vehicle across an airport boundary on anything other than a public road, trail, or way provided for that purpose and not posted by the department as closed to such access; or
(2) taxi an aircraft across an airport boundary.
(b) An application for an airport boundary crossing permit must be submitted to the department in writing and include
(1) 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) a non-refundable $50 application processing fee;
(3) 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
(4) a description, site plan, and cost estimate for any taxiway, driveway, fencing, gate, or other improvement that the applicant proposes to construct in connection with the proposed boundary crossing.
(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 give public notice of the application in accordance with 17 AAC 45.400. The notice must include
(1) the applicant's name;
(2) the general terms of the proposed permit, including the fees, term, authorized uses, and the proposed boundary crossing location;
(3) the department's mailing address for submitting comments regarding the proposed permit; and
(4) the date by which the department must receive public comment.
(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 the denial.
(f) The department may not execute an airport boundary crossing permit earlier than the day after the date on which public comment is due or later than one year after the deadline for submission of public comment. After the close of the public comment period stated in the public notice, the department will
(1) consider only comments that the department received during the public comment period; and
(2) execute the permit, unless the department determines in writing that the application should be denied under (d) of this section.
(g) An airport boundary crossing permit must be in writing, be signed by the applicant 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; and
(3) a provision for periodic adjustment of the annual permit fee as provided under 17 AAC 45.295.
(h) 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.
(i) 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 to apply for a new permit or extension under 17 AAC 45.215.
(j) A permittee may not assign or transfer an airport boundary crossing permit unless the department gives prior written consent under 17 AAC 45.275.
(k) The permittee shall pay to the department the annual fee for an airport boundary crossing permit established under 17 AAC 45.127. In addition to paying the annual boundary crossing permit fee, the permittee shall
(1) obtain a permit to use, and pay rent for, airport land that the permittee uses for aircraft access between the boundary crossing location and a runway, apron, taxi lane, or taxiway on the airport;
(2) obtain a permit to use, and pay rent for, airport land that the permittee uses for vehicle access between the boundary crossing location and a public road on the airport; and
(3) pay the fuel flowage fee established under 17 AAC 45.127 for each gallon of fuel the permittee delivers to an aircraft or vehicle that crosses the boundary to or from the airport if the permit authorizes the permittee to provide commercial fueling service on property outside the airport boundary.
(l) When it is in the best interest of the state to do so, the department will cancel a boundary crossing permit and the associated land permit, if any, if the permittee is not in compliance with the permit and does not correct the noncompliance within the time specified in the permit. Cancellation of a permit by the department must be in writing and state the reasons for the cancellation.
(m) 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.
(n) 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.
(o) 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.
History: Eff. 3/28/2002, Register 161
Authority: AS 02.15.020
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Last modified 7/05/2006