Section 17.45.285. Airport boundary crossing permit.

	(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 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 $100 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 a 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  
		(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.  

Authorities

02.15.020;02.15.060;02.15.090

Notes

Reference

17 AAC 45.030
17 AAC 45.080
17 AAC 45.127
17 AAC 45.260
17 AAC 45.270
17 AAC 45.910
17 AAC 45.920

Authority

AS 02.15.020 AS 02.15.060 AS 02.15.090

History

Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 4/26/2009, Register 190