Sec. 02.10.010. Supervision over aeronautics and communication; regulations.

1. The Department of Transportation and Public Facilities shall supervise aeronautics and communications inside the state, and shall make recommendations for the establishment, location, maintenance, operation, and use of airports, landing fields, air markings, air beacons, and other navigation facilities.
2. The department shall, whenever it considers the action necessary in the interest of general safety or the safety of those engaged in aeronautics, adopt regulations establishing minimum standards with which all air navigation facilities shall comply, and shall adopt and enforce regulations to safeguard from accident and to protect the safety of persons operating or using aircraft and persons and property on the ground, and to develop and promote aeronautics and communications in the state. However, the regulations may not duplicate or conflict with the aeronautical and communications regulations adopted by the United States Department of Transportation or the Federal Communications Commission.
3. The department shall adopt regulations governing the proper protection of the records of the proceedings of the department and the filing and publicizing of its regulations so that they are accessible to and generally known by the interested public.

History. (§ 32-3-3 ACLA 1949; am §§ 1, 2 ch 56 SLA 2001)

Cross references. —

For Aviation Advisory Board, see AS 44.42.200 — 44.42.290 .

Administrative Code. —

For airport closure and construction, see 17 AAC 42, art. 7.

Collateral references. —

2A C.J.S. Aeronautics and Aerospace, § 14.

Duty and liability as to preflight inspection and maintenance of aircraft. 30 ALR2d 1172.

Public regulation requiring mufflers or similar noise-preventing devices on aircraft. 49 ALR2d 1202.

Public regulations as to duty of airplane owner or operator to furnish aircraft with navigational and flight safety devices. 50 ALR2d 898.

Validity, construction, and application of state criminal statute prohibiting reckless operation of aircraft. 89 ALR3d 893.

Secs. 02.10.020 , 02.10.030. Investigations and hearings; use of reports of or testimony in investigations as evidence and department employees as witnesses. [Repealed, § 14 ch 56 SLA 2001.]

Sec. 02.10.040. Regulations governing radio ground stations.

The department shall adopt regulations governing the following:

1. the establishment of ground radio transmitters, adapted to the use of phone or code, of the power and on the frequencies needed, and for which permits can be obtained from the Federal Communications Commission, at or in the cities of Ketchikan, Juneau, Cordova, Anchorage, Fairbanks, and Nome, or as many of the cities as the department considers necessary for thorough communications coverage;
2. the establishment of schedules for operation of the ground stations, together with the necessary arrangements for the stations to receive weather and other data available through other communication agencies;
3. the use of the ground stations for commercial purposes, other than aviation, where no other communications service is available, provided that commercial use shall be limited to communications to the nearest United States Signal Corps station, or to its destination where no Signal Corps station is located;
4. other uses to which the ground stations can be put, on the frequencies, and under the licenses, on which they are authorized to operate;
5. the proper protection of the records of the proceedings of the department and the filing and publicizing of its regulations so that they are accessible to and generally known by the interested public;
6. the fixing of tolls to be charged for use of ground stations for commercial purposes, and the manner and method of accounting for the tolls;
7. the establishment of additional radio telephone stations, or the relocation of stations already established, which, in the opinion of the department are necessary, and from which the benefits and advantages expected to be derived, justify the cost of installation and maintenance.

History. (§ 32-3-6 ACLA 1949; am § 14 ch 56 SLA 2001)

Revisor’s notes. —

In 2010, paragraphs (2) - (8) were renumbered as (1) - (7) to reflect the 2001 repeal of former paragraph (1).

Sec. 02.10.050. Use of revenue. [Repealed, § 2 ch 8 SLA 1968.]

Secs. 02.10.060 — 02.10.090. Community and private cooperation; penalties; department defined; short title. [Repealed, § 14 ch 56 SLA 2001.]

Sec. 02.15.010. Purpose.

The purpose of this chapter is to encourage and develop aeronautics and the establishment and operation of a state system of airports through cooperation with municipalities, and otherwise, including cooperation with the federal government and acceptance and utilization of federal funds allotted for this purpose.

History. (§ 2 ch 123 SLA 1949; am § 14 ch 56 SLA 2001)

Revisor’s notes. —

In 2010, paragraph references were removed to reflect the 2001 repeal of former paragraph (1).

Administrative Code. —

For international airports generally, see 17 AAC 42, art. 1.

Sec. 02.15.020. Powers of department.

1. The department may perform acts, issue and amend orders, adopt reasonable general or special regulations and procedures, and establish minimum standards, consistent with the provisions of this chapter, as it considers necessary to carry out the provisions of this chapter.
2. The department may enter into contracts necessary or advisable to the execution of the powers granted it by this chapter. Where the planning, acquisition, construction, improvement, maintenance, or operation of an airport or air navigation facility is financed wholly or partially with federal money, the department, as agent of the state, or of a municipality, or person, may let contracts in the manner prescribed by the federal authorities acting under the laws and rules and regulations of the United States.
3. The department may accept federal money and money from other public or private sources to accomplish in whole or in part any of the purposes of this chapter. All federal money accepted under this chapter shall be accepted and expended by the department upon the terms and conditions prescribed by the United States.

History. (§ 4 A — C ch 123 SLA 1949; am § 1 ch 14 SLA 1968)

Revisor’s notes. —

In 2010, in subsection (a), “and” was deleted after “amend orders” to conform to the style of the Alaska Statutes.

Cross references. —

For regulation of noise at airports, see AS 34.75.030 .

Administrative Code. —

For utility permits, see 17 AAC 15, art. 1.

For utility standards and requirements, see 17 AAC 15, art. 2.

For utility relocation and installation, see 17 AAC 15, art. 3.

For international airports generally, see 17 AAC 42, art. 1.

For authorization for use of international airport property, see 17 AAC 42, art. 2.

For competitive award, see 17 AAC 42, art. 3.

For public notice; lease, permit, and concession terms and cancellation, see 17 AAC 42, art. 4.

For Ted Stevens Anchorage International Airport tiedown permits, see 17 AAC 42, art. 5.

For Fairbanks International Airport tiedown permits, see 17 AAC 42, art. 6.

For airport closure and construction, see 17 AAC 42, art. 7.

For first amendment activity at international airports, see 17 AAC 42, art. 8.

For rural airports generally, see 17 AAC 45, art. 1.

For authorization for use of rural airport property, see 17 AAC 45, art. 2.

For competitive award, see 17 AAC 45, art. 3.

For public notice; lease, permit, and concession terms; insurance; and cancellation, see 17 AAC 45, art. 4.

For assigned-space aircraft parking, see 17 AAC 45, art. 5.

For transient and open aircraft parking, see 17 AAC 45, art. 6.

For airport closure; disposal of state-owned airport property, see 17 AAC 45, art. 7.

For first amendment activity at rural airports, see 17 AAC 45, art. 8.

Opinions of attorney general. —

A regional school board may not require the Department of Transportation and Public Facilities to transfer title to the land and buildings it occupies on airport property to the regional school board pursuant to AS 14.08.151 (B). That section is in conflict with AS 02.15.020 , related to creation and operation of airports, which requires compliance with relevant federal law. December 11, 2001 Op. Att’y Gen.

Sec. 02.15.030. Conformity to federal law.

The department may not adopt a regulation, order, or standard that is inconsistent or contrary to any act of the Congress of the United States or regulations promulgated or standards established. A regulation, order, or standard may not be adopted that duplicates any current rules or regulations issued by a federal agency, or that applies to aircraft, airports, or air navigation facilities owned or operated by the federal government.

History. (§ 4 C, D ch 123 SLA 1949)

Collateral references. —

8A Am. Jur. 2d, Aviation, §§ 13 et seq., 27.

Sec. 02.15.040. Cooperation with federal agencies.

The department shall cooperate with the Federal Emergency Management Agency, the armed forces of the United States government, and the Federal Aviation Administration for the purpose of coordinating aviation activities in carrying out the civil defense program.

History. (§ 4 E ch 123 SLA 1949; added by § 2 ch 76 SLA 1957; am § 1 ch 21 SLA 2000)

Revisor’s notes. —

In 1988 “Federal Emergency Management Agency” was substituted for “Department of Civil Defense” to correct and update the reference to the federal agency.

Sec. 02.15.050. Miscellaneous powers and duties of department.

1. The department may confer with and hold joint hearings with agencies of the United States in connection with matters arising under this chapter or relating to the sound development of aeronautics.
2. The department may avail itself of the cooperation, services, records, and facilities of the agencies of the United States as fully as may be practicable in the administration and enforcement of this chapter. The department shall, upon request, furnish to the agencies of the United States its cooperation, services, records, and facilities, insofar as may be practicable.
3. The department or a state or municipal police officer shall report to the appropriate agency of the United States all accidents in aeronautics in this state of which it or the police officer is informed, and shall, insofar as practicable, preserve, protect, and prevent the removal of the component parts of an aircraft involved in an accident being investigated until the federal agency institutes an investigation.
4. [Repealed, § 14 ch 56 SLA 2001.]
5. The department may report to the appropriate federal agencies and agencies of states proceedings instituted charging violation of any sections of this chapter and penalties, of which it has knowledge, imposed upon an airman or the owner or operator of an aircraft for violation of the law of this state relating to aeronautics, or for violation of the regulations or orders of the department. The department may receive reports of penalties and other data from agencies of the federal government and states and, when necessary, enter into agreements with federal agencies and the agencies of states governing the delivery, receipt, exchange, and use of reports and data. The department may make the reports and data available to a court of this state and to a state or municipal officer authorized to enforce the aeronautics laws.
6. The department may draft and recommend suitable legislation to advance the interests of the state in aeronautics; represent the state in aeronautical matters before the federal agencies and other state agencies; and participate as party plaintiff or defendant on behalf of the state or as intervenor in a controversy that involves the interests of the state in aeronautics.
7. The department may acquire data on passenger enplanements from air carriers; however, the department may not obtain passenger manifests from air carriers except for matters concerning public safety.

History. (§§ 8 C 10 ch 123 SLA 1949; am § 1 ch 59 SLA 1987; am § 14 ch 56 SLA 2001)

Administrative Code. —

For international airports generally, see 17 AAC 42, art. 1.

For rural airports generally, see 17 AAC 45, art. 1.

Sec. 02.15.060. Establishment, operation, and maintenance.

The department may plan, establish, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police airports and air navigation facilities within the state.

History. (§ 5 A ch 123 SLA 1949; am § 2 ch 68 SLA 1955)

Administrative Code. —

For international airports generally, see 17 AAC 42, art. 1.

For authorization for use of international airport property, see 17 AAC 42, art. 2.

For competitive award, see 17 AAC 42, art. 3.

For public notice; lease, permit, and concession terms and cancellation, see 17 AAC 42, art. 4.

For Ted Stevens Anchorage International Airport tiedown permits, see 17 AAC 42, art. 5.

For Fairbanks International Airport tiedown permits, see 17 AAC 42, art. 6.

For airport closure and construction, see 17 AAC 42, art. 7.

For first amendment activity at international airports, see 17 AAC 42, art. 8.

For rural airports generally, see 17 AAC 45, art. 1.

For authorization for use of rural airport property, see 17 AAC 45, art. 2.

For competitive award, see 17 AAC 45, art. 3.

For public notice; lease, permit, and concession terms; insurance; and cancellation, see 17 AAC 45, art. 4.

For assigned-space aircraft parking, see 17 AAC 45, art. 5.

For transient and open aircraft parking, see 17 AAC 45, art. 6.

For airport closure; disposal of state-owned airport property, see 17 AAC 45, art. 7.

For first amendment activity at rural airports, see 17 AAC 45, art. 8.

Sec. 02.15.070. Acquisition and disposal of property.

1. For the purposes specified in AS 02.15.060 the department may, by purchase, gift, devise, lease, condemnation, or otherwise, acquire real or personal property, or any interest in the property including easements in airport hazards or land outside the boundaries of an airport or airport site, necessary to permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards, or to prevent the establishment of airport hazards. The department may acquire existing airports and air navigation facilities in the same manner except it may not acquire or take over an airport or air navigation facility owned or controlled by a municipality or person without the consent of the municipality or person.
2. The department may, by sale, lease, or otherwise, dispose of all, a portion of, or an interest in a property, airport, or air navigation facility described in (a) of this section. The proceeds of any disposition shall be used for the purposes set out in this chapter.

History. (§ 5 A, B ch 123 SLA 1949; am § 2 ch 68 SLA 1955)

Administrative Code. —

For authorization for use of international airport property, see 17 AAC 42, art. 2.

For competitive award, see 17 AAC 42, art. 3.

For public notice; lease, permit, and concession terms and cancellation, see 17 AAC 42, art. 4.

For Ted Stevens Anchorage International Airport tiedown permits, see 17 AAC 42, art. 5.

For Fairbanks International Airport tiedown permits, see 17 AAC 42, art. 6.

For rural airports generally, see 17 AAC 45, art. 1.

For authorization for use of rural airport property, see 17 AAC 45, art. 2.

For competitive award, see 17 AAC 45, art. 3.

For public notice; lease, permit, and concession terms; insurance; and cancellation, see 17 AAC 45, art. 4.

Collateral references. —

8A Am. Jur. 2d, Aviation, § 90.

2A C.J.S., Aeronautics and Aerospace, §§ 61-63.

Plotting or planning in anticipation of improvement as taking or damaging of property affected. 37 ALR3d 127.

Zoning regulations limiting use of property near airport as taking of property. 18 ALR4th 542.

Operations or flight of aircraft as constituting taking or damaging of property. 22 ALR4th 863.

Sec. 02.15.080. Joint operations.

The department may exercise the powers granted by AS 02.15.060 — 02.15.100 jointly with a person, municipality, or agency of the state, or with the United States.

History. (§ 5 C ch 123 SLA 1949)

Administrative Code. —

For authorization for use of rural airport property, see 17 AAC 45, art. 2.

Sec. 02.15.090. Operation and use privileges; fees and charges.

1. In operating an airport or air navigation facility owned or controlled by the state, the department may enter into contracts, leases, and other arrangements covering periods not exceeding 55 years with a person, municipality, or the United States, granting the privilege of using or improving an airport or air navigation facility or a portion of it or space in it for commercial, governmental, or other public purposes, including private plane tie down, or conferring the privilege of supplying goods, commodities, services, or facilities at an airport or air navigation facility. The department may establish the terms and conditions and fix the charges, rentals, and fees for the privileges or services that are reasonable and uniform for the same class of privilege or service. Charges, rentals, or fees authorized by this subsection may be fixed for the international airports by order of the commissioner or by negotiated or competitively offered contract. Notwithstanding AS 37.10.050(a) , the fixing of charges, rentals, or fees as permitted under this subsection is not subject to the adoption of regulation provisions of AS 44.62 (Administrative Procedure Act). The terms, conditions, charges, rentals, and fees shall be established with due regard to the property and improvements used and the expense of operation to the state. A charge, rental, or fee imposed on a person who is not a lessee or concessionaire of the airport may not have the effect of charging a percentage of the gross revenue of the person as a condition of on-site access to customers who use the airport facility unless the charge, rental, or fee was in existence before January 1, 2006, and this exception is not affected if the department amends, increases, or decreases a charge, rental, or fee that was in effect before January 1, 2006. Use of state land and buildings by the Alaska Wing, Civil Air Patrol and its squadrons shall be permitted without rental charges. If the department permits space in state-owned or state-controlled airports to be used as lounges for members of the United States armed forces, the Alaska National Guard, the Alaska Naval Militia, or the Alaska State Defense Force, and if the lounges are operated by persons exempt from taxation under 26 U.S.C. 501(c)(3) (Internal Revenue Code), rent may not be charged for the use of the space. The department shall provide for public notice and an opportunity to comment before a charge, rental, or fee is fixed by order of the commissioner as permitted under this subsection. The public may not be deprived of its rightful, equal, and uniform use of the airport, air navigation facility, or a portion of them.
2. The department may by contract or other arrangement, upon a consideration fixed by it, grant to a qualified municipality or person for a reasonable period of time the privilege of operating, as agent of the state or otherwise, an airport owned or controlled by the state. A municipality or person granted that privilege may not operate the airport other than as a public airport or enter into a contract, lease, or other arrangement in connection with the operation that the department may not have undertaken under (a) or (c) — (e) of this section.
3. Notwithstanding the right of the public to rightful, equal, and uniform use under (a) of this section, before the expiration of a land lease, including the termination of a lease in holdover status, entered into under this section, the lessee may apply for a new lease, or for an extended term under the existing lease, for the same land. The commissioner shall approve the application for a new land lease or an extended term under this section without offering the land to other persons for leasing if
   1. the lessee is in compliance with the terms and conditions of the existing or holdover lease; and
   2. the continued use of the leasehold is consistent with written airport operation policies and is in the state’s best interest.
4. A land lessee owns title to the permanent improvements that the lessee constructed or purchased during the term of the lease, unless the lease expressly provides that the state is the owner of the permanent improvements.
5. At the expiration, termination, or cancellation of a land lease entered into under this section,
   1. a lessee who owns the improvements under (d) of this section shall continue to own the permanent improvements that the lessee constructed or purchased on a leasehold if the lessee is granted under (c) of this section a new lease or an extended term for the same land;
   2. a lessee may sell the permanent improvements owned by the lessee to a succeeding lessee of the same land;
   3. at the option of the lessee, the permanent improvements owned by the lessee may be sold by the state at public auction with the proceeds from the sale of the improvements going to the lessee, less administrative costs of the auction and obligations owed under the lease to the state; the successful bidder has the same right to enter into a new lease under (c) of this section without the department offering the land to other persons for leasing;
   4. after notice by the department, the permanent improvements owned by the lessee shall be removed at the lessee’s sole expense if
      1. the permanent improvements do not comply with written airport operational policies or are not in the state’s best interest;
      2. the permanent improvements are not sold under (2) or (3) of this subsection; or
      3. the department makes written findings that the permanent improvements are a hazard to the public health and safety;
   5. title to the permanent improvements vests in the department if the state purchases or otherwise contracts for the ownership of the permanent improvements, or if the lessee abandons the permanent improvements.
6. The department shall require as a term of all aviation-related contracts, leases, and other arrangements for use or occupancy of an airport operated by the department, including the international airports, that the parties to the contract, lease, or other arrangement, including the department, shall be required to reimburse each other according to the principles of comparative fault for amounts paid others for personal injury and property damage. The apportionment of liability among the parties to an agreement under this subsection may not affect the rights of persons who are not parties to the agreement.
7. If the department determines that it is in the best interests of the state to require that persons holding aviation-related leases, permits, or concession contracts for use or occupancy of an airport operated by the department, including international airports, provide insurance coverage, the department shall develop and adopt by regulation guidelines for the types and limits of insurance coverage required for aviation-related leases, permits, or concession contracts. The department may authorize a variation from the coverage required by the regulation if the department finds in writing that the variation is necessary considering the best interests of the state and the unique circumstances underlying a specific aviation-related lease, permit, or concession contract.
8. For the privilege of occupying or using a state-owned facility on an airport, which facility is or will be acquired, constructed, equipped, installed, or improved with the proceeds of indebtedness, the payment of which, with approval of the commissioner, is or will be secured solely by proceeds from customer facility charges, the department may require all persons under contract to occupy or use all or a portion of the planned facility, and shall require occupants or users of all or a portion of the facility, to collect from their customers a uniform customer facility charge and remit the proceeds to (1) the department if the state on behalf of the department incurred the indebtedness; or (2) a trustee or another third party bound to use the proceeds for the principal, interest, reserves, and any other applicable requirements of the indebtedness documentation if the state on behalf of the department did not incur the indebtedness. The commissioner shall set the customer facility charge at an amount projected to generate proceeds sufficient to satisfy all requirements established by the indebtedness documentation, including payment of principal and interest on the indebtedness, maintenance of any reserves, and satisfaction of any other requirement of the indebtedness documentation. The commissioner shall periodically adjust the amount of the customer facility charge to reflect changes in the amounts necessary to pay the principal of and interest on the indebtedness, to maintain any required reserves, and to satisfy all other requirements established by the indebtedness documentation and to reflect changes in the number of occupants, users, or customers of the facility. The proceeds of the customer facility charge are not revenue of the state securing any other indebtedness. The commissioner may impose charges authorized by this subsection for the international airports by order or by negotiated or competitively offered contract. The department shall provide for public notice and an opportunity to comment before a charge is set by order of the commissioner under this subsection. Notwithstanding AS 37.10.050(a) , the setting of charges under this subsection is not subject to the adoption of regulation provisions of AS 44.62 (Administrative Procedure Act).
9. In addition to requiring collection of a customer facility charge to be applied as described in (h) of this section, the department may require occupants or users of, or persons under contract to occupy or use, all or a portion of a state-owned facility on an airport, which facility is or will be acquired, constructed, equipped, installed, or improved with the proceeds of indebtedness, the payment of which is secured solely by proceeds of a customer facility charge, to collect from their customers a uniform customer facility maintenance charge and to remit the proceeds to (1) the department if the state on behalf of the department incurred the indebtedness; or (2) a trustee or another third party if the state on behalf of the department did not incur the indebtedness. The commissioner shall set the customer facility maintenance charge at an amount projected to generate proceeds sufficient to pay some or all, as determined by the commissioner, of the costs, fees, and expenses required to operate and maintain the facility, including costs of insurance and maintenance of reserves for the facility. The commissioner shall periodically adjust the amount of the customer facility maintenance charge to reflect changes in costs, fees, and expenses to operate and maintain the facility, including costs of insurance and maintenance of reserves for the facility and to reflect changes in the number of occupants, users, or customers of the facility. If the proceeds of the customer facility maintenance charge are remitted to a trustee or another third party as set out in this subsection, the proceeds of the customer facility maintenance charge are not, unless otherwise contractually required, revenue of the state securing any indebtedness. The commissioner may impose charges authorized by this subsection for the international airports by order or by negotiated or competitively offered contract. The department shall provide for public notice and an opportunity to comment before a charge is set by order of the commissioner under this subsection. Notwithstanding AS 37.10.050(a) , the setting of charges under this subsection is not subject to the adoption of regulation provisions of AS 44.62 (Administrative Procedure Act).

History. (§ 5 E ch 123 SLA 1949; am § 1 ch 117 SLA 1959; am § 3 ch 36 SLA 1990; am § 1 ch 33 SLA 1993; am §§ 2, 3 ch 105 SLA 1996; am § 1 ch 18 SLA 1998; am § 1 ch 25 SLA 2000; am § 1 ch 70 SLA 2000; am § 3 ch 56 SLA 2001; am § 1 ch 99 SLA 2001; am §§ 1, 2 ch 5 SLA 2005; am § 1 ch 30 SLA 2006)

Revisor’s notes. —

In 2003, in subparagraph (e)(4)(B), “(2) or (3) of this subsection” was substituted for “(e)(2) or (3) of this section” to conform to the style of the Alaska Statutes.

Administrative Code. —

For international airports generally, see 17 AAC 42, art. 1.

For authorization for use of international airport property, see 17 AAC 42, art. 2.

For competitive award, see 17 AAC 42, art. 3.

For public notice; lease, permit, and concession terms and cancellation, see 17 AAC 42, art. 4.

For Ted Stevens Anchorage International Airport tiedown permits, see 17 AAC 42, art. 5.

For Fairbanks International Airport tiedown permits, see 17 AAC 42, art. 6.

For first amendment activity at international airports, see 17 AAC 42, art. 8.

For rural airports generally, see 17 AAC 45, art. 1.

For authorization for use of rural airport property, see 17 AAC 45, art. 2.

For competitive award, see 17 AAC 45, art. 3.

For public notice; lease, permit, and concession terms; insurance; and cancellation, see 17 AAC 45, art. 4.

For assigned-space aircraft parking, see 17 AAC 45, art. 5.

For transient and open aircraft parking, see 17 AAC 45, art. 6.

For airport closure; disposal of state-owned airport property, see 17 AAC 45, art. 7.

For first amendment activity at rural airports, see 17 AAC 45, art. 8.

Sec. 02.15.091. Sale and delivery of in-bond merchandise at international airports.

1. Under (b) and (c) of this section, the department shall allow the sale and delivery of in-bond merchandise at an international airport only by an exclusive contract.
2. While the exclusive contracts for the sale and delivery of in-bond merchandise at international airports that exist on June 15, 1982 are in effect, the department may not permit or confer a right on any other person to offer to sell, sell, or deliver in-bond merchandise at an international airport.
3. After the exclusive contracts existing on June 15, 1982 are no longer in effect, the department shall enter into one exclusive contract and, on its expiration, additional successive exclusive contracts for the sale and delivery of in-bond merchandise at each international airport.  Except under the existing and future exclusive contracts described in this section, the department may not permit or confer a right upon any person to offer to sell, sell, or deliver in-bond merchandise at an international airport.
4. The department shall offer the exclusive contracts required by this section by competitive bid or by competitive proposals. If the department offers the exclusive contracts by competitive bid, the department shall award the contracts after considering the generation of maximum revenue for the International Airports Revenue Fund established by AS 37.15.430 . If the department offers the exclusive contracts by competitive proposals, the department shall award the contracts after considering factors that include depth of management, financial ability, demonstrated experience at other locations, quality of services and products, success in marketing programs, character and improvements of proposed facilities, and the generation of optimum revenue for the fund.
5. The department shall actively supervise the operations under each exclusive contract for the sale and delivery of in-bond merchandise in order to ensure the effectiveness of the operations.  To supervise contract operations under this section, the department shall develop and implement guidelines that provide for review of the reasonableness of price schedules, quality and assortment of merchandise, and customer service.
6. Nothing in this section applies to deliveries of in-bond merchandise as cargo to airlines.

History. (§ 2 ch 111 SLA 1982; am § 1 ch 21 SLA 1988)

Administrative Code. —

For authorization for use of international airport property, see 17 AAC 42, art. 2.

Sec. 02.15.095. Courtesy cars and airport parking shuttles.

Notwithstanding the provisions of AS 02.15.090(a) , the department may not exclude from the streets, roads, highways, parking facilities, or other portions of a state-operated airport designated for operation or parking of ground transportation vehicles, nor may the department prohibit from picking up and discharging passengers those motor vehicles commonly known as “courtesy cars,” which are owned or operated by hotels, motels, or other similar places of public accommodation for the transportation of their guests to and from the airport at the request of the guest and for which service no charge is made to the guest, and “airport parking shuttles,” which provide transportation services between the airport and off-airport rental car offices and remote vehicle parking locations.

History. (§ 1 ch 9 SLA 1974; am § 2 ch 30 SLA 2006)

Sec. 02.15.100. Liens.

The department may enforce the payment of any charges for repairs, improvements, storage, or care of personal property made or furnished by the department or its agents, in connection with the operation of an airport or air navigation facility owned or operated by the state. The state has those lien rights generally allowed by law to secure payment for those services.

History. (§ 5 E ch 123 SLA 1949; added by § 1 ch 117 SLA 1959)

Sec. 02.15.102. Use of airports for utilities.

A utility facility may be constructed, placed, or maintained across, along, over, under, or within a state airport only in accordance with regulations adopted or procedures prescribed by the department and only if authorized by a written permit issued by the department. The department may charge a fee for a permit issued under this section.

History. (§ 1 ch 142 SLA 1986; am § 4 ch 36 SLA 1990)

Administrative Code. —

For utility permits, see 17 AAC 15, art. 1.

For utility standards and requirements, see 17 AAC 15, art. 2.

For utility relocation and installation, see 17 AAC 15, art. 3.

Sec. 02.15.104. Relocation of utility facilities incident to airport projects.

1. If, incident to the construction of an airport project, the department determines and orders that a utility facility located across, along, over, under, or within a state airport must be changed, relocated, or removed, the utility owning or maintaining the facility shall change, relocate, or remove it in accordance with the order, within a reasonable time set by the department in the order.
2. If the utility facility is not changed, relocated, or removed in accordance with the order, a permit authorizing the facility issued by the department under AS 02.15.102 becomes invalid and the facility will be considered an unauthorized encroachment subject to the provisions of AS 02.15.114 .
3. The cost of change, relocation, or removal, as defined in AS 02.15.260 , ordered under (a) of this section is to be paid as follows:
   1. by the department as a cost of airport construction, if the utility facility is installed or authorized after June 11, 1986 under a utility permit or a regulation and is installed in the location specified in the permit;
   2. by the department as a cost of airport construction, if the facility was installed before June 11, 1986 under a utility permit or utility easement and is in the location specified in the permit or easement;
   3. by the department as a cost of airport construction, if the utility facility was installed before the location became part of a state airport or before permits were required;
   4. by the department as a cost of airport construction, if the utility permit that requires the utility to pay the relocation cost was issued more than five years before the contract for the airport construction project was first advertised;
   5. by the utility in all other cases unless the commissioner finds it is in the public interest for the cost to be paid by the department.

History. (§ 1 ch 142 SLA 1986)

Administrative Code. —

For utility relocation and installation, see 17 AAC 15, art. 3.

For railroads, see 17 AAC 15, art. 4.

Sec. 02.15.106. Encroachment permits.

An encroachment may be constructed, placed, changed, or maintained across or within an airport, but only in accordance with regulations or procedures adopted by the department. An encroachment may not be constructed, placed, maintained, or changed until it is authorized by a written permit issued by the department, unless the department provides otherwise by regulation. The department may charge a fee for a permit issued under this section.

History. (§ 1 ch 142 SLA 1986; am § 5 ch 36 SLA 1990)

Administrative Code. —

For utility permits, see 17 AAC 15, art. 1.

For utility standards and requirements, see 17 AAC 15, art. 2.

For utility relocation and installation, see 17 AAC 15, art. 3.

Sec. 02.15.108. Relocation or removal of encroachment.

If, incidental to the construction or maintenance of a state airport, the department determines and orders that an encroachment previously authorized by written permit must be changed, relocated, or removed, the owner of the encroachment shall change, relocate, or remove it within a reasonable time set by the department in the order. The cost of the change, relocation, or removal shall be paid as provided in AS 02.15.104(c) . If the owner does not change, relocate, or remove an encroachment within the time set by the department, the encroachment will be considered an unauthorized encroachment subject to the provisions of AS 02.15.114 .

History. (§ 1 ch 142 SLA 1986)

Sec. 02.15.110. Unauthorized encroachments.

If an unauthorized encroachment exists in, on, under, or over a state airport the department may require the removal of the encroachment, at the expense of the owner, in the manner provided in AS 02.15.112 — 02.15.114 .

History. (§ 1 ch 142 SLA 1986)

Sec. 02.15.112. Notice of removal of unauthorized encroachment.

Notice shall be given the owner, occupant, or person in possession of an unauthorized encroachment, or to another person causing or permitting the encroachment to exist, by serving upon any of them a notice demanding the removal of the encroachment within a time limit set by the department. The notice must describe the encroachment with reasonable certainty as to its character and location. Service of the notice may be made by certified mail.

History. (§ 1 ch 142 SLA 1986)

Sec. 02.15.114. Removal at owner’s expense after noncompliance; removal expense.

After a failure of the owner of an unauthorized encroachment to comply with a notice or order of the department under AS 02.15.104 , 02.15.108 , or 02.15.112 , the department may remove the encroachment, or cause it to be removed. The owner of the unauthorized encroachment shall pay to the department

1. the expense of the removal of the encroachment;
2. all costs and expenses paid by the state as a result of a claim or claims filed against the state by third parties for damages due to delays because the encroachment was not changed, removed, or relocated according to the order of the department; and
3. costs and expense of suit.

History. (§ 1 ch 142 SLA 1986)

Cross references. —

For costs and attorney fees, see AS 09.60.010 and Alaska Rule of Civil Procedure 82.

Sec. 02.15.120. Assistance to construct, enlarge, or improve air navigation facilities.

The department may match available funds with those of municipalities, federal agencies, or other state agencies, for project costs relating to the construction, enlargement, or improvement of airports. The department may assist persons in the construction, enlargement, and improvement of airports and air navigation facilities. The airports and facilities, until they are abandoned as such, shall be at all times available for the use of and accessible to the general public, and maintained as public airports and facilities.

History. (§ 5 A ch 123 SLA 1949; am § 2 ch 68 SLA 1955; am § 17 ch 168 SLA 1978)

Sec. 02.15.130. Assistance to the federal government, municipalities, and other persons.

The department may make available its engineering, maintenance, and other services, with or without charge, to the federal government, or to a municipality or person in connection with the planning, acquisition, construction, improvement, maintenance, or operation of airports or air navigation facilities.

History. (§ 9 A ch 123 SLA 1949; am § 2 ch 138 SLA 1986; am § 1 ch 90 SLA 1991)

Sec. 02.15.140. State financial assistance.

The department may grant or lend money, subject to the provisions of AS 02.15.060 , 02.15.070 , and 02.15.120 , to any person or municipality or to municipalities acting jointly for project costs relating to the planning, acquisition, construction, improvement, maintenance, or operation of an airport owned or controlled or to be owned or controlled by the municipality or municipalities or person. Grants or loans may be furnished in connection with federal or other financial aid for the same purpose.

History. (§ 9 B ch 123 SLA 1949; am § 18 ch 168 SLA 1978; am § 1 ch 59 SLA 1982)

Sec. 02.15.150. Federal aid.

A municipality may not participate under the Federal Airport Act unless the department has approved its application. The department may approve, disapprove, or modify a municipal application for direct participation under the Federal Airport Act.

History. (§ 9 C ch 123 SLA 1949)

Revisor’s notes. —

The Federal Airport Act has been repealed and superseded.

Sec. 02.15.155. Project costs defined.

In AS 02.15.120 — 02.15.155 , “project costs” includes, in addition to costs directly related to the project, the sum total of all costs of financing and carrying out the project including, but not limited to, the costs of all necessary studies, surveys, plans and specifications, architectural, engineering, or other special services, acquisition of real property, site preparation and development, purchase, construction, reconstruction and improvement of real property and the acquisition of machinery and equipment as may be necessary in connection with the project; an allocable portion of the administrative and operating expenses of the grantee; the cost of financing the project, including interest on bonds issued to finance the project; and the cost of other items, including any indemnity and surety bonds and premiums on insurance, legal fees, fees and expenses of trustees, depositaries, financial advisors, and paying agents for the bonds issued as the issuer considers necessary.

History. (§ 19 ch 168 SLA 1978)

Sec. 02.15.160. Rural airstrip and seaplane facilities.

The department may construct, maintain, or operate floats and seaplane ramp landing facilities, subject to the provisions of AS 02.15.060 , 02.15.070 , and 02.15.120 . The department may construct, maintain, or operate emergency landing fields, or rural airstrips adequate to meet rural needs with or without financial contribution by local interests.

History. (§ 6 ch 123 SLA 1949)

Sec. 02.15.170. Duty of department. [Repealed, § 14 ch 56 SLA 2001.]

Sec. 02.15.180. Financial assistance. [Repealed, § 1 ch 94 SLA 1980.]

Sec. 02.15.190. Collection of aeronautical data.

The department may collect, assemble, and publish aeronautical data pertinent to the operation of aircraft within the state. This data is for the benefit of the aviation industry and the general public, and may not duplicate data published by any other governmental agency.

History. (§ 7 ch 123 SLA 1949)

Sec. 02.15.200. Public nature of department activities.

The acquisition of land or interests in land under this chapter, the planning, acquisition, establishment, construction, improvement, maintenance, equipment, and operation of airports and air navigation facilities, whether by the state separately or jointly with any person or municipality, and the exercise of any other powers granted under this chapter to the department are public and governmental functions, exercised for a public purpose, and matters of public necessity. All land and other property and privileges acquired and used by or on behalf of the state in the manner and for the purposes enumerated in this chapter are acquired and used for public and governmental purposes and as a matter of public necessity.

History. (§ 8 A ch 123 SLA 1949)

Administrative Code. —

For international airports generally, see 17 AAC 42, art. 1.

For authorization for use of international airport property, see 17 AAC 42, art. 2.

For competitive award, see 17 AAC 42, art. 3.

For public notice; lease, permit, and concession terms and cancellation, see 17 AAC 42, art. 4.

For rural airports generally, see 17 AAC 45, art. 1.

For authorization for use of rural airport property, see 17 AAC 45, art. 2.

For competitive award, see 17 AAC 45, art. 3.

For public notice; lease, permit, and concession terms; insurance; and cancellation, see 17 AAC 45, art. 4.

Sec. 02.15.205. Approval required for airport construction. [Repealed, § 14 ch 56 SLA 2001.]

Sec. 02.15.210. Exclusive rights prohibited.

The department may not grant an exclusive right for the use of an airway, airport, or air navigation facility under its jurisdiction. This section does not prevent the making of contracts, leases, and other arrangements under AS 02.15.060 — 02.15.100 and 02.15.120 , including exclusive contracts for the sale and delivery of in-bond merchandise described in AS 02.15.091 .

History. (§ 8 B ch 123 SLA 1949; am § 3 ch 111 SLA 1982)

Administrative Code. —

For authorization for use of international airport property, see 17 AAC 42, art. 2.

For competitive award, see 17 AAC 42, art. 3.

For authorization for use of rural airport property, see 17 AAC 45, art. 2.

For competitive award, see 17 AAC 45, art. 3.

For airport closure; disposal of state-owned airport property, see 17 AAC 45, art. 7.

Sec. 02.15.220. Enforcement of aeronautics laws.

1. The department and its officers and employees, and every state and municipal officer charged with the enforcement of state and municipal laws, shall enforce and assist in the enforcement of this chapter and of all regulations adopted and orders issued under it and any other state regulations or laws pertaining to the operation of aircraft.
2. [Repealed, § 14 ch 56 SLA 2001.]

History. (§ 13 ch 123 SLA 1949; am § 14 ch 56 SLA 2001)

Administrative Code. —

For international airports generally, see 17 AAC 42, art. 1.

For public notice; lease, permit, and concession terms and cancellation, see 17 AAC 42, art. 4.

For airport closure and construction, see 17 AAC 42, art. 7.

For first amendment activity at international airports, see 17 AAC 42, art. 8.

For rural airports generally, see 17 AAC 45, art. 1.

For public notice; lease, permit, and concession terms; insurance; and cancellation, see 17 AAC 45, art. 4.

For airport closure; disposal of state-owned airport property, see 17 AAC 45, art. 7.

For first amendment activity at rural airports, see 17 AAC 45, art. 8.

Sec. 02.15.225. Accidents involving state or municipal aircraft. [Repealed, § 14 ch 56 SLA 2001.]

Sec. 02.15.230. Police powers vested.

1. The commissioner and those officers and employees of the department whom the commissioner may designate have general police powers in aid of the enforcement of this chapter and the regulations and orders issued under it and all other laws of the state relating to aeronautics.
2. Upon bilateral agreement, the commissioner may designate individuals licensed under AS 18.65.400 —18.65.490 and police officers employed by the state or its political subdivisions to be present during the final passenger screening process before the boarding of each flight required to be in compliance with passenger screening regulations of the Federal Aviation Administration. Persons designated under this section, while performing their duties under that agreement, have the general police powers set out in (a) of this section.

History. (§ 13 B ch 123 SLA 1949; am § 2 ch 6 SLA 1978; am § 1 ch 35 SLA 2003)

Administrative Code. —

For international airports generally, see 17 AAC 42, art. 1.

For public notice; lease, permit, and concession terms and cancellation, see 17 AAC 42, art. 4.

For airport closure and construction, see 17 AAC 42, art. 7.

For first amendment activity at international airports, see 17 AAC 42, art. 8.

For rural airports generally, see 17 AAC 45, art. 1.

For public notice; lease, permit, and concession terms; insurance; and cancellation, see 17 AAC 45, art. 4.

For airport closure; disposal of state-owned airport property, see 17 AAC 45, art. 7.

For first amendment activity at rural airports, see 17 AAC 45, art. 8.

Sec. 02.15.240. Penalties.

1. A person violating a provision of this chapter, or a provision of a regulation adopted or order issued under this chapter is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $500, or by imprisonment of not more than 90 days, or by both.
2. For a violation of any section of this chapter, in addition to or in lieu of the penalties provided by (a) of this section, or as a condition to the suspension of a sentence which may be imposed, the court may prohibit the violator from operating an aircraft within the state for a period it may determine but not more than one year. Violation of the prohibition of court may be treated as a separate offense under this section or as a contempt of court.  Whenever a conviction is obtained, the prosecuting authority shall notify the department.

History. (§ 12 ch 123 SLA 1949)

Cross references. —

For contempt of court, see AS 09.50.010 .

Administrative Code. —

For international airports generally, see 17 AAC 42, art. 1.

For rural airports generally, see 17 AAC 45, art. 1.

Sec. 02.15.250. Aeronautical fund. [Repealed, § 2 ch 14 SLA 1968.]

Sec. 02.15.260. Definitions.

In this chapter,

1. “aeronautics” means the science and art of flight including but not limited to transportation by aircraft; the operation, construction, repair, or maintenance of aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports or other air navigation facilities; and instruction in flying or related ground subjects;
2. “aircraft” means a contrivance used or designed for navigation of flight in the air;
3. “airman” means an individual engaging as the person in command or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way; an individual directly in charge of the inspection, maintenance, overhauling, or repair of aircraft, aircraft engines, propellers, or appliances; and an individual serving in the capacity of aircraft dispatcher, or air-traffic control-tower operator; or an individual employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in that connection; or an individual performing inspection or mechanical duties in connection with aircraft owned or operated by the individual in the state of Alaska;
4. “air navigation facility” means a facility used, available, or designed for use in aid of air navigation, including structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking-off, navigation and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of the facilities;
5. “airport” means an area of land or water that is used or intended for use for the landing and take-off of aircraft, and any appurtenant areas that are used or intended for use for airport buildings or other airport facilities or rights-of-way, together with airport buildings and facilities located thereon;
6. “airport hazard” means a structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to the landing or taking off;
7. “cargo” means goods carried by an airline that are carried under an agreement between the shipper and the airline other than a passenger ticket, that are accepted, carried, and handled separately from passenger baggage, and that are delivered to a location other than a baggage claim area; “cargo” does not include goods carried by an airline as baggage, whether belly-loaded or hand-carried and whether accompanied or unaccompanied by a passenger;
8. “civil aircraft” means any aircraft other than a public aircraft;
9. “commissioner” means the commissioner of transportation and public facilities of the state;
10. “cost of change, relocation, or removal” means the entire cost incurred by the utility properly attributed to the change, relocation, or removal of a facility, less the costs for improvements or upgrading over and above the cost of a functionally equal facility; if a facility is to be relocated and replaced with new equipment, there shall also be subtracted from the entire cost the salvage value derived from the old facility;
11. “department” means the Department of Transportation and Public Facilities;
12. “encroachment” includes a tower, pole, poleline, pipe, pipeline, driveway, private road, fence, billboard, stand, or building, or structure or object of any kind that is or has been placed in, on, under, or over a portion of an airport;
13. “international airport” means an international airport owned and operated by the state;
14. “operation of aircraft” means the use, navigation, or piloting of aircraft in the airspace over this state or upon an airport inside this state; “operate aircraft” means to use, navigate, or pilot aircraft in the airspace over this state or upon an airport inside this state;
15. “public aircraft” means an aircraft used exclusively in the governmental service of the United States or the state government;
16. “utility” includes a corporation, company, individual, or association of individuals, or a lessee, trustee, or court-appointed receiver, that owns, operates, manages, or controls a line, plant, pipeline, or system for furnishing, producing, generating, transmitting, or distributing power, electricity, communications, telecommunications, water, gas, oil, petroleum products, coal or other mineral slurry, steam, heat, light, chemicals, air, sewage, drainage not connected with airport drainage, irrigation, or similar products including publicly owned fire and police signal systems and street lighting systems that directly or indirectly serve the public or a segment of the public; “utility” also includes a corporation, company, individual, or association of individuals, or a lessee, trustee, or court-appointed receiver that owns, operates, manages, or controls a system for furnishing transportation of goods or persons by means of a railway, tramway, cableway, conveyor, flume, canal, tunnel, pipeline, or a similar means;
17. “utility facility” includes poles, plants, lines, trenches, bridges, utilidors, tunnels, pipelines, and any other system for furnishing, producing, generating, transmitting, or distributing power, electricity, communications, telecommunications, water, gas, oil, petroleum products, coal or other mineral slurry, steam, heat, light, chemicals, air, sewage, drainage not connected with an airport drainage system, irrigation, or another substance; “utility facility” also includes a system for furnishing transportation of goods or persons by means of a railway, tramway, cableway, conveyor, flume, canal, tunnel, pipeline, or a similar means.

History. (§ 1 ch 123 SLA 1949; am § 53 ch 127 SLA 1974; am § 4 ch 111 SLA 1982; am § 4 ch 6 SLA 1984; am § 2 ch 142 SLA 1986; am § 62 ch 21 SLA 1991; am § 1 ch 58 SLA 2010)

Revisor’s notes. —

Reorganized in 1986 to alphabetize the defined terms. In 1998, former paragraphs (15) — (18) were renumbered as (14) — (17) to reflect the 1991 repeal of former paragraph (14).

Administrative Code. —

For utility permits, see 17 AAC 15, art. 1.

Sec. 02.15.270. Short title.

This chapter may be cited as the Alaska Aeronautics Act of 1949.

History. (§ 17 ch 123 SLA 1949)

Revisor’s notes. —

The words “of 1949” were added by the revisor to differentiate this act from “The Alaska Aeronautics Act of 1937” which is found in AS 02.10.010 — 02.10.090.

Secs. 02.20.010 — 02.20.040. Registration of aircraft; registration of pilots; inspection of emergency equipment; flight plans. [Repealed, § 14 ch 56 SLA 2001.]

Sec. 02.20.050. Obstructing airports and runways.

1. A person may not place an object on the surface of a public use airport that because of its nature or location might cause injury or damage to an aircraft or person riding in the aircraft.
2. A person may not dig a hole or make any kind of excavation, or drive a sled, tractor, truck, or any kind of vehicle upon the surface of a public use airport that might make ruts, or tracks, or add to an accumulation of tracks so as to cause sufficient roughness of the surface to endanger aircraft using the airport.
3. All acts prohibited in (a) and (b) of this section also apply in their entirety to a temporary airport or runway that has been marked out on the frozen surface of a stream or lake for the use of aircraft.
4. Unless closed for public safety reasons by a notice to airmen (NOTAM) provided to the Federal Aviation Administration or by publication in the appropriate aeronautical charts and publications published by the Federal Aviation Administration, unless closed or restricted under the authority provided in AS 16.05.050 , 16.05.251 , 16.05.255 , 16.05.270 , AS 16.20.010 — 16.20.162 , or 16.20.500 — 16.20.690 , or unless closed or restricted under authority consistent with AS 38.04.200 or AS 41.21.020(e) , navigable water in the state or a suitable landing site on public land that is not subject to a surface lease, easement, or permit issued by the Department of Natural Resources is presumed open for operation of aircraft.

History. (§ 5 ch 43 SLA 1951; am §§ 4 — 6 ch 56 SLA 2001)

Administrative Code. —

For international airports generally, see 17 AAC 42, art. 1.

For rural airports generally, see 17 AAC 45, art. 1.

Sec. 02.20.060. Enforcement and penalties.

1. Federal, state, and municipal law enforcement officers may enforce the provisions of this chapter and regulations adopted under this chapter.
2. A person who violates this chapter, or a regulation adopted under this chapter, is punishable, upon conviction, for each offense by a fine of not more than $500, or by imprisonment for not more than six months, or by both.

History. (§ 6 ch 43 SLA 1951)

Sec. 02.20.070. Department defined. [Repealed, § 14 ch 56 SLA 2001.]

Sec. 02.25.010. Airport zoning regulations.

A person may not erect or permit to grow an airport hazard on land adjacent to the end of a runway of a public airport without a permit issued by the department. The area upon which these hazards are prohibited is the width of the runway, and extends from the airport boundary at the end of the runway, away from the runway in a direction parallel to its centerline for a distance equal to the length of the runway. An obstruction situated in an area not previously designated as an airport hazard area by the department is not a hazard if its height does not exceed five feet for each 200 feet distance from the boundary of the airport. The vertical measurement of the structure starts on the same plane as the surface of the runway.

History. (§ 2(1) ch 12 SLA 1951)

Collateral references. —

Use of land adjoining an airport interfering with aircraft operation as a nuisance. 25 ALR2d 1454.

Airport operations or flight of aircraft as nuisance. 79 ALR3d 253.

Construction of new building or structure devoted to nonconforming use as zoning violation. 10 ALR4th 1122.

Zoning regulations limiting use of property near airport as taking of property. 18 ALR4th 542.

Sec. 02.25.020. Power to adopt regulations.

In addition to, or in place of, the airport hazard area described in AS 02.25.010 , the department may adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed in this chapter, airport zoning regulations for any airport within this state dividing the area surrounding the airport into zones. Within these zones, the department may specify the land uses permitted, and regulate and restrict the height to which structures and trees may be erected or allowed to grow, and require the abatement of lights, or electronic signals or emissions that may create a hazard to the operation of aircraft. In adopting or revising zoning regulations, the department shall consider, among other things, the character of the flying operations to be conducted at the airport, the nature of the terrain, the height of existing structures and trees above the level of the airport, the possibility of lowering or removing existing obstructions, and the views of the agency of the federal government charged with fostering civil aeronautics as to the aerial approaches necessary to safe flying operations at the airport.

History. (§ 2(2) ch 12 SLA 1951)

Administrative Code. —

For international airports generally, see 17 AAC 42, art. 1.

For rural airports generally, see 17 AAC 45, art. 1.

Sec. 02.25.030. Adoption of zoning regulations.

Airport zoning regulations may not be adopted or amended under this chapter except by action of the department after a public hearing at which parties in interest and citizens have an opportunity to be heard. At least 15 days’ notice of the hearing shall be published in a newspaper of general circulation printed and published nearest the location of the airport concerned.

History. (§ 4(1) ch 12 SLA 1951)

Revisor’s notes. —

In 2010, in the second sentence, “newspaper” was substituted for “paper” to correct a manifest error in ch 12, SLA 1951.

Administrative Code. —

For international airports generally, see 17 AAC 42, art. 1.

For rural airports generally, see 17 AAC 45, art. 1.

Sec. 02.25.040. Publication of zoning plan.

Upon the adoption of an airport zoning plan, the department shall prepare at least two copies of the plan, showing the airport and the airport hazard area, together with the designated height limits of possible hazards. One copy of the zoning plan shall be posted conspicuously at the airport concerned, and the other copy shall be filed in the office of the department.

History. (§ 2(3) ch 12 SLA 1951)

Sec. 02.25.050. Pre-existing use not affected.

All airport zoning regulations adopted under this chapter shall be reasonable, and the department may not require the removal, lowering, or other change or alteration of a structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use except under AS 02.25.060 .

History. (§ 2(4) ch 12 SLA 1951)

Sec. 02.25.060. Permits for removal of nonconforming structures or trees.

Where advisable to facilitate the enforcement of zoning regulations adopted under this chapter, permits may be granted to establish or construct new structures and other uses and to replace existing structures and other uses or make substantial changes or substantial repairs. Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the department authorizing the replacement, change or repair. A permit may not be granted allowing the structure or tree to be made higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted. If the department determines that a nonconforming structure or tree is abandoned or more than 80 percent torn down, destroyed, deteriorated, or decayed, (1) a permit may not be granted allowing the structure or tree to exceed the applicable height limits or otherwise deviate from the zoning regulations; and (2) whether application is made for a permit under this section or not, the department may, by appropriate action, compel the owner of the nonconforming structure or tree, at the owner’s own expense, to lower, remove, reconstruct, or equip the object to conform to the regulations. If the owner of the nonconforming structure or tree neglects or refuses to comply with the order within 10 days after notice, the department may proceed to have the object lowered, removed, reconstructed, or equipped, and the cost and expense is a lien upon the object and the land on which it is located. Unless the account is paid within 90 days from the service of notice on the agent or owner of the object or land, the sum bears interest at the rate of eight percent a year until paid, and shall be collected by foreclosure in the manner provided for the foreclosure of mortgages.

History. (§ 3(1) ch 12 SLA 1951)

Collateral references. —

8A Am. Jur. 2d, Aviation, §§ 86, 87.

Sec. 02.25.070. Variances.

A person desiring to erect a structure, or increase the height of a structure, or permit the growth of a tree, or otherwise to use the person’s property in violation of airport zoning regulations adopted under this chapter may apply to the department for a variance from the zoning regulations. Variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of the regulations and this chapter.

History. (§ 3(2) ch 12 SLA 1951)

Sec. 02.25.080. Obstruction marking and lighting. [Repealed, § 14 ch 56 SLA 2001.]

Sec. 02.25.090. Action by department.

The department may institute an action in the superior court to prevent, restrain, correct, or abate a violation of this chapter or of airport zoning regulations adopted under this chapter or of an order or ruling made in connection with their administration or enforcement, and the court shall give relief, by way of injunction or otherwise as may be proper, in order to fully effectuate the purposes of this chapter and of the regulations adopted and orders and rulings made under this chapter.

History. (§ 6 ch 12 SLA 1951)

Administrative Code. —

For authorization for use of rural airport property, see 17 AAC 45, art. 2.

Sec. 02.25.100. Criminal liability for violation.

Each violation of this chapter or of a regulation, order, or ruling adopted or made under this chapter is a misdemeanor and is punishable by a fine of not more than $500 or by imprisonment for not more than 90 days or by both.

History. (§ 6 ch 12 SLA 1951)

Sec. 02.25.110. Definitions.

In this chapter, unless the context otherwise requires,

1. “airport” means an area of land or water designed for the landing and taking-off of aircraft and used or to be used as a point of arrival or departure by air;
2. “airport hazard” means anything that may obstruct or interfere with the navigation or operation of aircraft on or in the vicinity of an airport, including man-made structures of all kinds, trees and other natural growths, lights or beacons, and electrical or electronic devices emitting signals capable of disrupting radio communication;
3. “airport hazard area” means an area in the vicinity of an airport in which a hazard to the operation of aircraft might be situated, and that may be designated as such by the department;
4. “department” means the Department of Transportation and Public Facilities;
5. “person” means an individual, firm, copartnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, or similar representative;
6. “structure” means an object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines;
7. “tree” means any object of natural growth.

History. (§ 1 ch 12 SLA 1951)

Sec. 02.25.120. Short title.

This chapter may be cited as the Airport Zoning Act.

History. (§ 7 ch 12 SLA 1951)

Sec. 02.30.010. Two-way radios required. [Repealed, § 14 ch 56 SLA 2001.]

Sec. 02.30.020. Unauthorized operation. [Repealed, § 21 ch 166 SLA 1978. For current law, see AS 11.46.484.]

Sec. 02.30.030. Reckless operation.

1. A person may not operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another. In a proceeding charging careless or reckless operation of aircraft in violation of this section, the court, in determining whether the operation was careless or reckless, shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.
2. A person may not operate an aircraft occupied by a crew member or passenger who is obviously under the influence of intoxicating liquor or a controlled substance.
3. [Repealed, § 14 ch 56 SLA 2001.]
4. [Repealed, § 14 ch 56 SLA 2001.]

History. (§ 5 ch 128 SLA 1949; am § 1 ch 117 SLA 1982; am §§ 7, 8, 14 ch 56 SLA 2001)

Collateral references. —

8A Am. Jur. 2d, Aviation, § 46 et seq.

2A C.J.S., Aeronautics and Aerospace, § 128 et seq.

Take-off, negligence in operation of aircraft on. 74 ALR2d 615.

Landing, negligence in operation of airplane in. 74 ALR2d 628.

Validity, construction, and application of state criminal statute prohibiting reckless operation of aircraft. 89 ALR3d 893.

Sec. 02.30.040. Penalties.

A person violating a provision of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000.

History. (§ 7 ch 128 SLA 1949; am § 2 ch 117 SLA 1982; am § 9 ch 56 SLA 2001)

Sec. 02.30.050. Definition.

In this chapter, “operate aircraft” means to use, navigate, pilot, or taxi an aircraft in the airspace over this state, or upon the land or water inside this state.

History. (§ 6 ch 128 SLA 1949)

Secs. 02.35.010 — 02.35.080. Federal law followed; aircraft license required; airman license required; registration of aircraft; registration of airmen; proper officer to make and certify copies of licenses; receipts for certified copies; exceptions to application of chapter. [Repealed, § 14 ch 56 SLA 2001.]

Sec. 02.35.090. License and permit to be exhibited on request.

A certificate, permit, rating, or license required for an airman by the federal government shall be kept in the person’s personal possession when the person is operating in the state and shall be presented for inspection upon the demand of a peace officer or another officer of the state or of a municipality, or a member, official, or employee of the department or an official, manager, or person in charge of an airport upon which the airman lands, or upon the reasonable request of any other person. A certificate, permit, or license required by the federal government for an aircraft shall be carried in the aircraft at all times while the aircraft is operating in the state. It shall be conspicuously posted in the aircraft where it may be readily seen by passengers or inspectors, and shall be presented for inspection upon the demand of a peace officer or another officer of the state or of a municipality, or a member, official, or employee of the department, or an official, manager, or person in charge of an airport upon which the aircraft lands, or upon the reasonable request of any person.

History. (§ 32-6-11 ACLA 1949; am § 1 ch 128 SLA 1949)

Sec. 02.35.100. Temporary permit. [Repealed, § 14 ch 56 SLA 2001.]

Sec. 02.35.110. Emergency rations and equipment.

1. An airman may not make a flight inside the state with an aircraft unless emergency equipment is carried as follows:
   1. the following minimum equipment must be carried during the summer months:
      1. rations for each occupant sufficient to sustain life for one week;
      2. one axe or hatchet;
      3. one first aid kit;
      4. an assortment of tackle such as hooks, flies, lines, and sinkers;
      5. one knife;
      6. fire starter;
      7. one mosquito headnet for each occupant;
      8. two small signalling devices such as colored smoke bombs, railroad fuses, or Very pistol shells, in sealed metal containers;
   2. in addition to the equipment required under (1) of this subsection, the following must be carried as minimum equipment from October 15 to April 1 of each year:
      1. one pair of snowshoes;
      2. one sleeping bag;
      3. one wool blanket or equivalent for each occupant over four.
2. Notwithstanding (a) of this section, operators of multi-engine aircraft licensed to carry more than 15 passengers need carry only the food, mosquito nets, and signalling equipment at all times other than the period from October 15 to April 1 of each year, when two sleeping bags, and one blanket for every two passengers shall also be carried.
3. All of the above requirements as to emergency rations and equipment are considered to be minimum requirements which are to remain in full force and effect, except as further safety measures may be from time to time imposed by the department.

History. (§ 32-6-13 ACLA 1949; am § 2 ch 128 SLA 1949; am § 10 ch 56 SLA 2001)

Revisor’s notes. —

Subsection (c) was formerly the last sentence of subsection (b). Relettered in 2010. Also in 2010, in subsection (b), “Notwithstanding (a) of this section” was substituted for “However” in order to conform to the style of the Alaska Statutes.

Sec. 02.35.115. Downed aircraft transmitting devices. [Repealed, § 14 ch 56 SLA 2001.]

Sec. 02.35.120. Penalties for lack of license or permit or violation of regulations.

A person who acts as an airman for a civil aircraft when flown or operated in this state without holding an existing airman’s license or permit issued in accordance with federal law, who flies or causes to be flown in this state any civil aircraft without an existing license or permit for that aircraft issued in accordance with federal law, or who violates a provision of a regulation adopted under this chapter is punishable by a fine of not more than $500 or by imprisonment for not more than six months or by both.

History. (§ 32-6-14 ACLA 1949; am § 4 ch 21 SLA 2000; am § 11 ch 56 SLA 2001)

Sec. 02.35.130. Penalty for violation of AS 02.35.090 and 02.35.110.

A person violating a provision of AS 02.35.090 and 02.35.110 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500.

History. (§ 7 ch 128 SLA 1949)

Sec. 02.35.140. Uniformity of interpretation. [Repealed, § 14 ch 56 SLA 2001.]

Sec. 02.35.150. Definitions.

In this chapter,

1. “commissioner” means the commissioner of transportation and public facilities;
2. “department” means the Department of Transportation and Public Facilities.

History. (§ 1 ch 1 SLA 1963)

Revisor’s notes. —

This section derives from the bulk formal revision of the laws of Alaska and was not a part of the law prior to the adoption and enactment of the revision, through the enactment of AS 01.05.006 in § 1, ch. 1, SLA 1963.

Sec. 02.35.160. Short title.

This chapter may be cited as the Uniform Air Licensing Act.

History. (§ 32-6-16 ACLA 1949)

Sec. 02.40.010. Air carrier financial responsibility.

1. A person who carries passengers or freight for commercial purposes intrastate in an aircraft shall procure and maintain security in the following minimum amounts:
   1. $150,000 per seat for bodily injury or death in a single occurrence; and
   2. $100,000 for property damage in a single occurrence.
2. Evidence of security required under (a) of this section shall be filed with the department and must be
   1. a policy or certificate of insurance issued by an insurer acceptable to the department;
   2. a bond of a surety company licensed to write surety bonds in the state;
   3. evidence accepted by the department, showing ability to self-insure; or
   4. other security approved by the department.
3. The department may authorize department personnel to enforce this section and may adopt procedural regulations necessary to implement this section. Upon finding a violation the department may issue a stop use order.
4. A policy of insurance, surety bond, or other form of security may not be canceled on less than 30 days’ written notice to the department. This requirement must be clearly stated in the policy or endorsement for an insurance policy submitted as proof of financial responsibility under AS 02.40.020(a)(1) . The 30-day notice period is measured from the date on which the department receives notice.
5. A person who violates this section is guilty of a class A misdemeanor and is punishable by a fine of not less than $1,000 or more than $5,000 for each day of violation but not to exceed $10,000 for each violation.

History. (E.O. No. 98 § 2 (1997))

Sec. 02.40.020. Certification of compliance of air carriers.

1. A person may not use an aircraft in air commerce before obtaining an annual certificate of compliance for that aircraft from the department. The department may issue a certificate of compliance for one aircraft or a fleet of two or more aircraft. The department shall issue or renew a certificate of compliance upon application and presentation of
   1. proof of financial responsibility required under AS 02.40.010 ;
   2. proof of compliance with Federal Aviation Administration requirements, and, where applicable, federal certification for scheduled airline service.
2. The annual fee for a certificate of compliance for one aircraft and for a fleet of two or more aircraft shall be set by the department by regulation. The certificate is valid for 12 months from the date issued. The certificate shall be visible to boarding passengers.
3. The department may authorize department personnel to enforce this section and may adopt procedural regulations necessary to implement this section. Upon finding a violation the department may issue a stop use order.
4. A person who violates this section is guilty of a class B misdemeanor and is punishable by a fine of not less than $500 or more than $1,000.

History. (E.O. No. 98 § 2 (1997); am § 1 ch 5 SLA 2009)

Sec. 02.40.030. Unsolicited communication prohibited.

1. Except as provided in (c) of this section, in the event of an accident involving an air carrier providing intrastate transportation of passengers, an attorney may not initiate a contact with an individual injured in the accident or a relative of an individual injured or killed in the accident for the purpose of offering or discussing potential representation in an action based on the accident for personal injury or wrongful death within 45 days following the accident. In this subsection, “attorney” includes an attorney for an air carrier and an associate, agent, employee, or other representative of an attorney.
2. During the 45-day period described in (a) of this section, an agent or representative of an air carrier or its insurer may not initiate contact with an individual injured in the accident or a relative of an individual injured or killed in the accident for the purpose of offering a final settlement of a claim.
3. The prohibitions in (a) and (b) of this section do not apply to the activities that an air carrier or its insurers may undertake, or the obligations that an air carrier or its insurers may have to
   1. provide a passenger or the family of a passenger injured or killed in an aircraft accident with short-term physical or financial assistance; or
   2. meet the obligations of the air carrier under 49 U.S.C. 41113 (Aviation Disaster Family Assistance Act of 1996).
4. The attorney general or an aggrieved person may institute a civil action against a person who violates this section. In addition to injunctive and compensatory relief, a civil penalty not to exceed $10,000 may be imposed for each violation.

History. (§ 1 ch 103 SLA 2004)

Revisor’s notes. —

In 2010, in (c)(2) of this section, “49 U.S.C. 41113” was substituted for “AS 49 U.S.C. 4113” to correct a manifest error in ch. 103, SLA 2004.

Editor’s notes. —

Section 2, ch. 103, SLA 2004, provides that this section “applies to an accident involving an air carrier that occurs on or after September 23, 2004.”

Sec. 02.40.990. Definitions.

In this chapter,

1. “air carrier” means a person undertaking to engage in air commerce, whether directly or indirectly, or by lease, contract, or any other arrangement, and whether over regular or irregular routes;
2. “air commerce” means carriage by aircraft of persons or freight for commercial purposes or hire in intrastate commerce, including the carriage by aircraft of persons or freight that move partly by aircraft and partly by other forms of transportation;
3. “aircraft” means a propeller, rotor, or jet-powered device used or designed for flight in the air;
4. “commercial purposes” means activities for which the person receives direct monetary compensation and does not include activities incidental to and done in furtherance of the person’s primary business;
5. “department” means the Department of Transportation and Public Facilities;
6. “freight” means commodities, articles, and cargo, of whatever nature or value, excluding garbage and trash.

History. (E.O. No. 98 § 2 (1997))