17 AAC 45.299 - Lease of complete airport

(a) The department may lease a complete airport to a municipality or person that the department determines has, directly or under contract, the staffing, equipment, and financial resources necessary to operate and maintain that airport in a manner consistent with applicable FAA standards and the public interest.

(b) A lease for a complete airport will require that during the term of the lease the lessee must

(1) operate the airport as a public facility;

(2) maintain the airport in accordance with criteria established in the lease; and

(3) comply with applicable FAA requirements or any covenants running with the land or facilities.

(c) Subject to (d) of this section, the provisions of this chapter apply to the operation of an airport leased under this section. If the lessee is a municipality, the commissioner may delegate to the lessee the authority to enforce this chapter at the airport, except that such delegation does not impair or reduce the authority of the commissioner to enforce this section or the lease of the airport under this section.

(d) The commissioner will waive the application and enforcement of portions of this chapter at a complete airport leased by the department to a municipality if

(1) the municipality has adopted ordinances that the commissioner determines will adequately provide for the care, operation, protection, and safety of the airport and its use by the public;

(2) the department gives notice to the public in accordance with 17 AAC 45.400 of the commissioner's intent to waive the enforcement of a portion of this chapter at an airport and identifies in the notice

(A) the portion of this chapter the commissioner intends to waive;

(B) the municipal ordinances the commissioner considered in making the determination under (1) of this subsection; and

(C) the address and date for interested parties to submit written comments on the proposed waiver;

(3) the commissioner considers the public comments received in response to the public notice; and

(4) the commissioner issues a written waiver to the municipality.

(e) The commissioner will revoke in whole or in part a waiver granted under (d) of this section after written notice to the municipality if the commissioner determines that

(1) the municipality has changed an ordinance on which the waiver was based in a way that no longer adequately provides for the care, operation, protection, or safety of the airport and its use by the public;

(2) changes in state or federal statutes or regulations require the revocation; or

(3) the revocation is otherwise in the best interest of the state.

Notes

17 AAC 45.299

Eff. 3/28/2002, Register 161

Authority:AS 02.15.020

AS 02.15.060

AS 02.15.070

AS 02.15.080

AS 02.15.090