17 AAC 45.400 - Public notice
(a) Except as
otherwise provided in (b) or (d) of this section, when this chapter requires
public notice, the department will give the public not less than
(1) 30 days' notice by posting the required
notice on the Alaska Online Public Notice System;
(2) 21 days' notice by posting the notice in
a public place on the affected airport or in the nearest community, with the
notice prominently marked "Please leave posted and fully visible until ______;"
the department will insert in the blank a date that is no earlier than the last
day for receipt of comments and not less than 21 days after the date of first
posting; and
(3) if the department
finds additional notice is in the best interest of the state, the department
will publish notice at least once each week for three consecutive weeks in at
least one newspaper of general circulation in the vicinity of the affected
airport or in any other publication the department finds
appropriate.
(b) Except
as provided in (d) of this section, the department will give not less than
seven days' notice before issuing
(1) a permit
with a term of 270 days or less;
(2) a lease or permit for a navigational,
landing, or weather aid or for a flight service station or air traffic control
tower in direct support of airport operations; or
(3) a road right-of-way grant or permit.
The department will give the notice required in this subsection by posting for not less than seven days on the Alaska Online Public Notice System and in a public place on the affected airport or in the nearest community. A notice posted in a public place under this section must be prominently marked "Please leave posted and fully visible until ______;" the department will insert in the blank a date that is no earlier than the last day for receipt of comments and not less than seven days after the date of first posting.
(c) The
applicable notice period required under this section begins on the first day
that the notice is either published or posted, whichever occurs
earlier.
(d) Public notice under
this section is not required if the application for the lease, permit,
concession, material amendment, or other interest is
(1) for a business activity permit under
17 AAC 45.105, a commercial
passenger vehicle permit under
17 AAC 45.095, an assigned-space
permit under
17 AAC 45.500 -
17 AAC 45.590, or a transient
aircraft fee parking permit under
17 AAC 45.600;
(2) for a right-of-way for a utility,
including an FAA utility, that will serve the airport or airport tenants;
or
(3) for a permit for use of
airport property for 120 days or less.
(e) Public notice under this section will
include, as applicable,
(1) the name of any
applicant or the general basis for identification or selection of any person to
receive a right or interest;
(2)
the general terms of any proposed lease, permit, concession, material
amendment, or other interest including the proposed
(A) rent and any other fees;
(B) term;
(C) property description or location;
and
(D) the class or classes and
general description of authorized uses;
(3) the department's mailing address for
submitting comment, objection, or, if applicable, a competing
application;
(4) the date by which
all public comment, objection, and, if applicable, any competing application
must be received in writing by department; and
(5) a statement that only a person who
submits written comment or objection, or, if applicable, competing application,
to the department at the address and by the date and time specified in the
notice and includes a return address, is entitled to have notice of the
department's decision sent to that address.
(f) An applicant for a lease, permit,
concession, or material amendment to a lease, permit, or concession shall not
remove, obscure, or cause to be removed or obscured, a notice of the
application posted in a public place under (a) of this section, before the
"please leave posted and fully visible until" removal date stated in the
notice. A person who removes, obscures or causes to be removed or obscured a
notice posted in a public place under (a) of this section before the removal
date stated in the notice is subject to disqualification from receiving any
lease, permit, or concession relating to the subject matter of the
notice.
Notes
Authority:AS 02.15.020
AS 02.15.060
AS 02.15.090
AS 02.15.200
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