17 AAC 45.130. Waiver of rents or fees

Except when awarding a lease, permit, or concession under 17 AAC 45.300 - 17 AAC 45.399, if the commissioner determines that it is in the best interest of the state to do so, the commissioner will waive or reduce the charge, rent, or fee for

(1) an easement, permit, or right-of-way for a public road or a public access way that serves an airport;

(2) a lease, license, easement, right-of-way, or permit granted to a government agency for an activity directly related to and in support of the operation of an airport;

(3) a lease or permit for land or building space granted to the Alaska Wing, Civil Air Patrol, except for an activity that is typically offered to the public, other than Civil Air Patrol members, for a fee;

(4) a land lease to a local government for a local government-owned passenger terminal or passenger shelter building on an airport that provides the primary transportation access for a community with a population of at least 25 but less than 1,500, subject to the following conditions:

(A) the land and building may be used for only airport terminal purposes and not for any other private or community purpose;

(B) the land and building must be available for public use free-of-charge, except as provided in (D) of this paragraph, and on a non-discriminatory basis;

(D) if and to the extent authorized in the lease and approved by the department, the local government may charge fees no greater than required to recover building operation and maintenance costs;

(5) a lease or permit for use of land by a local government for community purposes if

(A) contribution of the airport property enhances public acceptance of the airport in a community in the immediate area of the airport;

(B) community use of the land does not adversely affect the capacity, security, safety, or operations of the airport;

(C) the land would not reasonably be expected to produce fair market revenue to the airport at the time that the community use is contemplated and is not reasonably expected to be needed for an aviation use or airport operations in the foreseeable future; and

(D) community use would not preclude future use of the property for airport purposes if the commissioner concludes such future use would provide greater benefits to the airport than continuation of the community use;

(6) a public service sign, public weather shelter, or public restroom facility owned and maintained by the lessee or permittee for the benefit of airport users, subject to the following conditions:

(A) the land and any building may not be used for any use other than a public service sign, public weather shelter, or public restroom facility;

(B) the land and any building must be available for public use free-of-charge and on a non-discriminatory basis;

History: Eff. 3/28/2002, Register 161

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090

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