17 Alaska Admin. Code § 45.127

Current through September 25, 2024

Section 17 AAC 45.127 - Rental and fee rates

(a) Except as otherwise specified in this section, 17 AAC 45.205, or another applicable provision of this chapter, the department will charge and an airport user shall pay, the following annual rental rates in United States dollars, for the stated use of airport land:

(1) beginning July 1, 2017 and ending December 31, 2018, the annual rental rates are as follows:

Airport Type	Rate Per Square Foot
	Aeronautical Land Uses	Non-aeronautical Land Uses
Airports where the longest runway is under 5,000 feet long between thresholds and is
unpaved and unlighted	$0,066	$0,079
unpaved and lighted	0.085	0.103
paved and unlighted	0.085	0.103
paved and lighted	0.098	0.119
Airports where the longest runway is 5,000 feet or longer between thresholds and is
unpaved and unlighted	$0,098	$0,119
unpaved and lighted	0.128	0.155
paved and unlighted	0.128	0.155
paved and lighted	0.148	0.178

(2) beginning January 1, 2019 and ending December 31, 2019, the annual rental rates are as follows:

Airport Type	Rate Per Square Foot
	Aeronautical Land Uses	Non-aeronautical Land Uses
Airports where the longest runway is under 5,000 feet long between thresholds and is
unpaved and unlighted	$0,073	$0,087
unpaved and lighted	0.094	0.113
paved and unlighted	0.094	0.113
paved and lighted	0.108	0.131
Airports where the longest runway is 5,000 feet or longer between thresholds and is
unpaved and unlighted	$0,108	$0,131
unpaved and lighted	0.141	0.171
paved and unlighted	0.141	0.171
paved and lighted	0.163	0.196

(3) beginning January 1, 2020 and ending December 31, 2022, the annual rental rates are as follows:

Airport Type	Rate Per Square Foot
	Aeronautical Land Uses	Non-aeronautical Land Uses
Airports where the longest runway is under 5,000 feet long between thresholds and is
unpaved and unlighted	$0,080	$0,096
unpaved and lighted	0.103	0.124
paved and unlighted	0.103	0.124
paved and lighted	0.119	0.144
Airports where the longest runway is 5,000 feet or longer between thresholds and is
unpaved and unlighted	$0,119	$0,144
unpaved and lighted	0.155	0.188
paved and unlighted	0.155	0.188
paved and lighted	0.179	0.216

(4) beginning January 1, 2023 and ending December 31, 2023, the annual rental rates are as follows:

Airport Type	Rate Per Square Foot
	Aeronautical Land Uses	Non-aeronautical Land Uses
Airports where the longest runway is under 5,000 feet long between thresholds and is
unpaved and unlighted	$0,088	$0,106
unpaved and lighted	0.113	0.136
paved and unlighted	0.113	0.136
paved and lighted	0.131	0.158
Airports where the longest runway is 5,000 feet or longer between thresholds and is
unpaved and unlighted	$0,131	$0,158
unpaved and lighted	0.171	0.207
paved and unlighted	0.171	0.207
paved and lighted	0.197	0.238

(5) beginning January 1, 2024, the annual rental rates are as follows:

Airport Type	Rate Per Square Foot
	Aeronautical Land Uses	Non-aeronautical Land Uses
Airports where the longest runway is under 5,000 feet long between thresholds and is
unpaved and unlighted	$0,097	$0,113
unpaved and lighted	0.124	0.147
paved and unlighted	0.124	0.147
paved and lighted	0.144	0.169
Airports where the longest runway is 5,000 feet or longer between thresholds and is
unpaved and unlighted	$0,144	$0,169
unpaved and lighted	0.188	0.220
paved and unlighted	0.188	0.220
paved and lighted	0.217	0.253

(b) Except as otherwise specified under (c) - (t) of this section, 17 AAC 45.205, or another applicable provision of this chapter, the department will charge and an airport user shall pay, the following annual rental rates in United States dollars for the use of land at the listed airports:

(1) beginning July 1, 2017 and ending December 31, 2018, the annual rental rates are as follows:

Airport Location	Rate Per Square Foot
	Aeronautical Land Uses	Non-Aeronautical Land Uses
Aniak	$0,140	$0,110
Bethel	0.148	0.256
Bettles, including Bettles VOR Lake	0.052	0.048
Big Lake	0.078	0.050
Birchwood	0.098	0.119
Cold Bay	0.096	0.058
Cordova (Merle K. "Mudhole" Smith)	0.148	0.131
Cordova Municipal	0.066	None
Dillingham	0.148	0.125
Fort Yukon	0.090	0.060
Galena (Edward G. Pitka Sr.)	0.096	0.062
Gulkana	0.089	0.037
Gustavus	0.148	0.120
Haines	0.104	0.119
Homer, including Beluga Lake	0.148	0.156
Iliamna	0.085	0.080
King Salmon, excluding Naknek River frontage land	0.148	0.120
King Salmon, Naknek River frontage	0.148	0.174
land
Klawock	0.148	0.178
Kodiak	0.148	0.256
Kotzebue (Ralph Wien Memorial)	0.148	0.256
Nome, excluding Nome City Field	0.148	0.168
Nome City Field	0.066	None
Northway	0.120	0.120
Petersburg (James A. Johnson), filled land	0.148	0.250
Petersburg (James A. Johnson), unfilled land	None	0.130
St. Mary's	0.114	0.068
Sitka (Rocky Gutierrez)	0.148	0.256
Talkeetna	0.098	0.119
Tok Junction	0.082	0.030
Unalaska, including revetment lots	0.098	0.170
Utqiagvik (Barrow) (Wiley Post/Will	0.148	0.256
Rogers Memorial)
Valdez	0.148	0.040
Willow	0.078	0.050
Wrangell, filled land	0.148	None
Wrangell, unfilled land	None	0.120
Yakutat	0.148	0.178

(2) beginning January 1, 2019 and ending December 31, 2019, the annual rental rates are as follows :

Airport Location	Rate Per Square Foot
	Aeronautical Land Uses	Non-Aeronautical Land Uses
Aniak	$0,140	$0,110
Bethel	0.163	0.282
Settles, including Settles VOR Lake	0.057	0.053
Big Lake	0.086	0.055
Birchwood	0.108	0.131
Cold Bay	0.106	0.060
Cordova (Merle K. "Mudhole" Smith)	0.163	0.144
Cordova Municipal	0.073	None
Dillingham	0.163	0.138
Fort Yukon	0.090	0.060
Galena (Edward G. Pitka Sr.)	0.106	0.068
Gulkana	0.098	0.041
Gustavus	0.163	0.132
Haines	0.114	0.131
Homer, including Beluga Lake	0.163	0.172
Iliamna	0.094	0.080
King Salmon, excluding Naknek River	0.163	0.120
frontage land
King Salmon, Naknek River frontage	0.163	0.191
land
Klawock	0.163	0.196
Kodiak	0.163	0.282
Kotzebue (Ralph Wien Memorial)	0.163	0.282
Nome, excluding Nome City Field	0.163	0.185
Nome City Field	0.073	None
Northway	0.132	0.132
Petersburg (James A. Johnson), filled	0.163	0.275
land
Petersburg (James A. Johnson), unfilled	None	0.130
land
St. Mary's	0.125	0.075
Sitka (Rocky Gutierrez)	0.163	0.282
Talkeetna	0.108	0.131
Tok Junction	0.090	0.030
Unalaska, including revetment lots	0.108	0.187
Utqiagvik (Barrow) (Wiley Post/Will Rogers Memorial)	0.163	0.282
Valdez	0.160	0.040
Willow	0.086	0.055
Wrangell, filled land	0.163	None
Wrangell, unfilled land	None	0.120
Yakutat	0.163	0.180

(3) beginning January 1, 2020 and ending December 31, 2022, the annual rental rates are as follows:

Airport Location	Rate Per Square Foot
	Aeronautical Land Uses	Non-Aeronautical Land Uses
Aniak	$0,140	$0,110
Bethel	0.179	0.310
Settles, including Settles VOR Lake	0.063	0.058
Big Lake	0.095	0.061
Birchwood	0.119	0.144
Cold Bay	0.117	0.060
Cordova (Merle K. "Mudhole" Smith)	0.179	0.158
Cordova Municipal	0.080	None
Dillingham	0.179	0.152
Fort Yukon	0.090	0.060
Galena (Edward G. Pitka Sr.)	0.117	0.075
Gulkana	0.108	0.045
Gustavus	0.179	0.145
Haines	0.125	0.140
Homer, including Beluga Lake	0.179	0.189
Iliamna	0.103	0.080
King Salmon, excluding Naknek River	0.179	0.120
frontage land
King Salmon, Naknek River frontage land	0.179	0.210
Klawock	0.179	0.200
Kodiak	0.179	0.310
Kotzebue (Ralph Wien Memorial)	0.179	0.310
Nome, excluding Nome City Field	0.179	0.204
Nome City Field	0.080	None
North way	0.145	0.145
Petersburg (James A. Johnson), filled land	0.179	0.303
Petersburg (James A. Johnson), unfilled	None	0.130
land
St. Mary's	0.138	0.083
Sitka (Rocky Gutierrez)	0.179	0.310
Talkeetna	0.119	0.144
Tok Junction	0.090	0.030
Unalaska (including revetment lots)	0.119	0.206
Utqiagvik (Barrow) (Wiley Post/Will	0.179	0.310
Rogers Memorial)
Valdez	0.160	0.040
Willow	0.095	0.061
Wrangell, filled land	0.179	None
Wrangell, unfilled land	None	0.120
Yakutat	0.179	0.180

(4) beginning January 1, 2023 and ending December 31, 2023, the annual rental rates are as follows:

Airport Location	Rate Per Square Foot
	Aeronautical Land Uses	Non-Aeronautical Land Uses
Aniak	$0,140	$0,110
Bethel	0.197	0.341
Bettles, including Bettles VOR Lake	0.069	0.064
Big Lake	0.105	0.067
Birchwood	0.131	0.158
Cold Bay	0.120	0.060
Cordova (Merle K. "Mudhole" Smith)	0.197	0.174
Cordova Municipal	0.088	None
Dillingham	0.197	0.167
Fort Yukon	0.090	0.060
Galena (Edward G. Pitka Sr.)	0.129	0.083
Gulkana	0.119	0.050
Gustavus	0.197	0.160
Haines	0.138	0.140
Homer, including Beluga Lake	0.197	0.208
Iliamna	0.113	0.080
King Salmon, excluding Naknek River frontage land	0.197	0.120
King Salmon, Naknek River frontage land	0.197	0.231
Klawock	0.197	0.200
Kodiak	0.197	0.341
Kotzebue (Ralph Wien Memorial)	0.197	0.341
Nome, excluding Nome City Field	0.197	0.224
Nome City Field	0.088	None
Northway	0.160	0.160
Petersburg (James A. Johnson), filled land	0.197	0.333
Petersburg (James A. Johnson), unfilled land	None	0.130
St. Mary's	0.152	0.091
Sitka (Rocky Gutierrez)	0.197	0.341
Talkeetna	0.131	0.158
Tok Junction	0.090	0.030
Unalaska, including revetment lots	0.131	0.227
Utqiagvik (Barrow) (Wiley Post/Will	0.197	0.341
Rogers Memorial)
Valdez	0.160	0.040
Willow	0.105	0.067
Wrangell, filled land	0.197	None
Wrangell, unfilled land	None	0.120
Yakutat	0.197	0.180

(5) beginning January 1, 2024, the annual rental rates are as follows:

Airport Location	Rate Per Square Foot
	Aeronautical Land Uses	Non-Aeronautical Land Uses
Aniak	$0,140	$0,110
Bethel	0.217	0.375
Bettles, including Bettles VOR Lake	0.076	0.070
Big Lake	0.116	0.074
Birchwood	0.144	0.174
Cold Bay	0.120	0.060
Cordova (Merle K. "Mudhole" Smith)	0.217	0.180
Cordova Municipal	0.097	None
Dillingham	0.217	0.184
Fort Yukon	0.090	0.060
Galena (Edward G. Pitka Sr.)	0.142	0.091
Gulkana	0.131	0.055
Gustavus	0.217	0.176
Haines	0.152	0.140
Homer, including Beluga Lake	0.217	0.229
Iliamna	0.124	0.080
King Salmon, excluding Naknek River frontage land	0.217	0.120
King Salmon, Naknek River frontage land	0.217	0.254
Klawock	0.217	0.200
Kodiak	0.217	0.375
Kotzebue (Ralph Wien Memorial)	0.217	0.375
Nome, excluding Nome City Field	0.217	0.246
Nome City Field	0.097	None
Northway	0.176	0.176
Petersburg (James A. Johnson), filled land	0.217	0.340
Petersburg (James A. Johnson), unfilled land	None	0.130
St. Mary's	0.167	0.100
Sitka (Rocky Gutierrez)	0.217	0.375
Talkeetna	0.144	0.174
Tok Junction	0.090	0.030
Unalaska, including revetment lots	0.144	0.250
Utqiagvik (Barrow) (Wiley Post/Will Rogers Memorial)	0.217	0.375
Valdez	0.160	0.040
Willow	0.116	0.074
Wrangell, filled land	0.217	None
Wrangell, unfilled land	None	0.120
Yakutat	0.217	0.180

(c) The following annual rental rates apply to land at the Deadhorse Airport:

(1) beginning July 1, 2017 and ending December 31, 2018, the annual rental rates are as follows:

(A) $0.148 per square foot for an aeronautical use on undeveloped land;

(B) $0.322 per square foot for an aeronautical use on land with a stateowned gravel pad;

(C) $0.214 per square foot for a non-aeronautical use on undeveloped land; and

(D) $0.422 per square foot for a non-aeronautical use on land with a stateowned gravel pad;

(2) beginning January 1, 2019 and ending December 31, 2022, the annual rental rates are as follows:

(A) $0.163 per square foot for an aeronautical use on undeveloped land;

(B) $0.354 per square foot for an aeronautical use on land with a stateowned gravel pad;

(C) $0.235 per square foot for a non-aeronautical use on undeveloped land; and

(D) $0.464 per square foot for a non-aeronautical use on land with a stateowned gravel pad;

(3) beginning January 1, 2023 and ending December 31, 2023, the annual rental rates are as follows:

(A) $0.179 per square foot for an aeronautical use on undeveloped land;

(B) $0.389 per square foot for an aeronautical use on land with a stateowned gravel pad;

(C) $0.259 per square foot for a non-aeronautical use on undeveloped land; and

(D) $0.510 per square foot for a non-aeronautical use on land with a stateowned gravel pad;

(4) beginning January 1, 2024 and ending December 31, 2024, the annual rental rates are as follows:

(A) $0.197 per square foot for an aeronautical use on undeveloped land;

(B) $0.428 per square foot for an aeronautical use on land with a stateowned gravel pad;

(C) $0.285 per square foot for a non-aeronautical use on undeveloped land; and

(D) $0.561 per square foot for a non-aeronautical use on land with a stateowned gravel pad;

(5) beginning January 1, 2025, the annual rental rates are as follows:

(A) $0.217 per square foot for an aeronautical use on undeveloped land;

(B) $0.471 per square foot for an aeronautical use on land with a stateowned gravel pad;

(C) $0.314 per square foot for a non-aeronautical use on undeveloped land; and

(D) $0.617 per square foot for a non-aeronautical use on land with a stateowned gravel pad.

(d) If the department determines in writing that any of the conditions described in this subsection apply to a premises under a lease, permit, or concession, the department will reduce the rental rate established for the premises under (a), (b), or (c) of this section by the amount indicated for each of the conditions that applies. The conditions that will justify a rental rate reduction under this subsection, and the rental rate reductions allowed for each condition are as follows:

(1) 10 percent, if

(A) at any location, except Deadhorse, unfilled land at Petersburg, and unfilled land at Wrangell, substantial fill or excavation by the lessee, permittee, or concessionaire is necessary so that the premises may be used in the manner authorized by the department; and

(B) the department did not make fill material on the airport available at no charge to the lessee, permittee, or concessionaire;

(2) 10 percent, if no part of the premises is within 200 feet of the nearest reasonable point of connection to a public utility sewer system or to a public utility water system and that connection to a public utility sewer or water system is available within 200 feet of other premises on the airport;

(3) 10 percent, if no part of the premises is within 200 feet of the nearest reasonable point of connection to a public utility electric power distribution source and that connection to a public utility electric power distribution source is available within 200 feet of other premises on the airport;

(4) 10 percent, if no part of the premises is within 200 feet of an existing public access road;

(5) 10 percent, if the premises are aeronautical premises otherwise suitable for use by fixed wing aircraft, and no part of the premises is within 200 feet of a public-use runway, taxiway, or apron.

(e) A rent reduction applied to a lease, permit, or concession under (d)(1) of this section does not apply to a successive lease, permit, or concession having substantially the same premises.

(f) If within the previous three years the department has accepted an appraisal of a premises under 17 AAC 45.205(d) or 17 AAC 45.297, in place of the rental rate determined under (a) - (c) of this section, the department will charge fair market rent, as determined by the appraisal, for use of the appraised premises, unless improvements to the airport made after the appraisal have upgraded the airport to a higher type under (a) of this section. If the department enters into a successive lease or a new lease for substantially the same uses on a premises for which the fair market rental rate is established by appraisal under this subsection, the appraisal-based rate remains in effect for three years from the date that rental rate took effect, unless the department determines by a more recent appraisal that the appraisal is no longer the best estimate of fair market rent.

(g) At department-owned seaplane floats and turnaround facilities, excluding assigned space designated by the department for float-equipped aircraft under 17 AAC 45.500 - 17 AAC 45.590, the department will charge fair market rent for the use of land, tideland, dock frontage, and float space.

(h) In addition to the rent payable under this section for any land leased with the building, the department may establish the rent charged for use of, or use of space in, a department-owned building on an airport by

(1) performing a market survey of the rent charged by the owners of reasonably comparable property; as part of the market survey the department will collect orally or in writing, from at least three market participants at a particular airport or at one or more comparable airports or off-airport properties, information regarding current fees and rentals being paid for comparable space or privileges as of the effective date of the survey; if the market survey indicates a fair market rent

(A) of $2,000 or less per month, the department will charge the rent determined by the market survey;

(B) in excess of $2,000 per month, the department will establish the rent by appraisal; or

(2) prorating the department's actual or estimated costs of operating the building, plus a rate of return of not less than five percent or more than 15 percent as the department determines is reasonable for economic circumstances at the airport, to the rentable square footage in the building; for purposes of this paragraph, the department's costs include administration, maintenance, repair, security, insurance or risk management, utilities, and capital amortization.

(i) In addition to the rental rate of any premises used, the department may charge a concession fee for the value of the department's authorization to conduct a non-aeronautical business opportunity on airport premises. Except as limited by any existing contract right, the department will require any lease or permit authorizing the sale on a department-operated airport of food and non-alcoholic beverages, alcoholic beverages, goods, or lodging to include an obligation to pay a concession fee calculated as a percentage of the gross sales of the authorized business in addition to land rent, building rent, or a business activity permit fee under this section. The concession fee on all sales of alcoholic beverages under the lease or permit is 12 percent of gross sales. The concession fees on gross combined sales of food and non-alcoholic beverages, goods, and lodging in excess of $50,000 in a calendar year, or in excess of a proportional amount for any partial calendar year at the beginning or end of the concession, are the following percentages:

(1) food and non-alcoholic beverages, six percent;

(2) goods, eight percent;

(3) lodging, five percent.

(j) The department will charge the following annual rent for the agricultural use of airport land if the department allows the use after considering airport planning, operation, and management issues, including any potentially associated bird or wildlife hazard and other safety and security matters:

(1) for land used only for crop cultivation purposes, $100 per acre; and

(2) for land used only for livestock grazing or harvesting uncultivated vegetation, excluding timber, $50 per acre.

(k) Except where a different fee is specified in this chapter, such as for an airport boundary crossing permit fee under (l) of this section, a commercial passenger vehicle permit fee under 17 AAC 45.095(k), and a business activity permit fee under (p) of this section, the minimum charge for all rents and fees assessed under this section, including any concession fee, is

(1) $250 for a permit with a term of 120 days or less;

(2) $625 for a lease, permit, or concession with a term of 121 days to one year; and

(3) $625 per year for a lease, permit, or concession with a term of more than one year.

(l) Subject to (m) and (n) of this section, the department will charge and a permittee must pay each year the greater of $150 or the applicable land rental rate for the square footage area of any right-of-way used for access across airport land between the airport boundary and a public road or aircraft operation area on the airport, plus an annual fee, in United States dollars, for an airport boundary crossing permit issued under 17 AAC 45.285 based on the following schedules:

(1) beginning July 1, 2017 and ending December 31, 2018, the annual boundary crossing fees for all airports, except the Tok Junction Airport, are as follows:

Tvpe of Airport	Personal Use Permit Fee	Commercial Use Permit Fee
Airport where the longest runway is under 5,000 feet long between thresholds and is
unpaved and unlighted	$330	$660
unpaved and lighted	432	858
paved and unlighted	432	858
paved and lighted	498	990
Airport where the longest runway is 5,000 feet or longer between thresholds and is
unpaved and unlighted	$498	$990
unpaved and lighted	648	1,290
paved and unlighted	648	1,290
paved and lighted	750	1,488

(2) beginning January 1, 2019 and ending December 31, 2019, the annual boundary crossing fees for all airports, except the Tok Junction Airport, are as follows:

Type of Airport	Personal Use Permit Fee	Commercial Use Permit Fee
Airport where the longest runway is under 5,000 feet long between thresholds and is
unpaved and unlighted	$363	$726
unpaved and lighted	475	944
paved and unlighted	475	944
paved and lighted	548	1,089
Airport where the longest runway is 5,000 feet or longer between thresholds and is
unpaved and unlighted	$548	$1,089
unpaved and lighted	713	1,419
paved and unlighted	713	1,419
paved and lighted	825	1,637

(3) beginning January 1, 2020 and ending December 31, 2022, the annual boundary crossing fees for all airports, except the Tok Junction Airport, are as follows:

Type of Airport	Personal Use Permit Fee	Commercial Use Permit Fee
Airport where the longest runway is under 5,000 feet long between thresholds and is
unpaved and unlighted	$399	$799
unpaved and lighted	522	1,038
paved and unlighted	522	1,038
paved and lighted	602	1,198
Airport where the longest runway is 5,000 feet or longer between thresholds and is
unpaved and unlighted	$602	$1,198
unpaved and lighted	783	1,561
paved and unlighted	783	1,561
paved and lighted	906	1,801

(4) beginning January 1, 2023 and ending December 31, 2023, the annual boundary crossing fees for all airports, except the Tok Junction Airport, are as follows:

Type of Airport	Personal Use Permit Fee	Commercial Use Permit Fee
Airport where the longest runway is under 5,000 feet long between thresholds and is
unpaved and unlighted	$399	$879
unpaved and lighted	522	1,142
paved and unlighted	522	1,142
paved and lighted	602	1,318
Airport where the longest runway is 5,000 feet or longer between thresholds and is
unpaved and unlighted	$602	$1,318
unpaved and lighted	783	1,717
paved and unlighted	783	1,717
paved and lighted	906	1,981

(5) beginning January 1, 2024, the annual boundary crossing fees for all airports, except the Tok Junction Airport, are as follows:

Type of Airport	Personal Use Permit Fee	Commercial Use Permit Fee
Airport where the longest runway is under 5,000 feet long between thresholds and is
unpaved and unlighted	$399	$897
unpaved and lighted	522	1,165
paved and unlighted	522	1,165
paved and lighted	602	1,345
Airport where the longest runway is 5,000 feet or longer between thresholds and is
unpaved and unlighted	$602	$1,345
unpaved and lighted	783	1,752
paved and unlighted	783	1,752
paved and lighted	906	2,021

(6) For the Tok Junction Airport, the annual boundary crossing fees are as follows:

Effective Period	Personal Use Permit Fee	Commercial Use Permit Fee
Beginning July 1, 2017 and ending December 31, 2018	$498	$990
Beginning January 1, 2019 and ending December 31, 2019	548	1,089
Beginning January 1, 2020 and ending December 31, 2022	603	1,198
Beginning January 1, 2023 and ending December 31, 2023	663	1,318
Beginning January 1, 2024	675	1,450

(m) A personal-use airport boundary crossing permit fee will be assessed under (l) of this section if the use of the boundary crossing is solely for a personal or a non-governmental not-for-profit purpose. A commercial use airport boundary crossing permit fee will be assessed if the use of the boundary crossing is for or in connection with a for-profit business activity or a government agency function.

(n) The department may perform an appraisal to determine the fee to be charged for an airport boundary crossing permit. If the fee based on an appraisal is higher than the fee charged under (l) of this section, the department will charge the annual fee for an airport boundary crossing permit based on the appraisal.

(o) A person who holds a lease, permit, or concession that authorizes operation of a commercial fueling service at an airport must pay to the department a fuel flowage fee in addition to the rent or other fee charged in the person's lease, permit, or concession. The fuel flowage fee is 5.0 cents per gallon of fuel sold, dispensed, or delivered by or on behalf of the person or otherwise under the person's authorization at the airport. The fuel flowage fee applies only once on a gallon of fuel at an airport. Unless the lease, permit, or concession provides otherwise, the following are exempt from the fuel flowage fee:

(1) fuel to be used exclusively for building heating;

(2) fuel delivered to an aircraft for carriage off the airport as manifested cargo in a container not connected to the aircraft's engine;

(3) fuel carried to an airport aboard an aircraft if off-loaded to or in a storage or transport container for use only off the airport.

(p) A person required to hold a business activity permit under 17 AAC 45.105 on an airport shall pay a non-refundable annual permit fee of $625.

(q) An appraisal for purposes of this section must be performed by a person who is certified under AS 08.87 as a general real estate appraiser. The department may establish written instructions for the appraiser that are reasonable and consistent with generally accepted real estate appraisal practices.

(r) Unless otherwise provided in this chapter, all fees, including an application fee for a lease, permit, or concession under this chapter, are non-refundable.

(s) The department may charge an applicant, bidder, or proposer under this chapter a reasonable amount calculated to cover the cost of reproduction, printing, mailing, and distribution of relevant contract and solicitation documents.

(t) The rental rate for any portion of an area specifically designated under 17 AAC 45.020(c), 17 AAC 45.135, 17 AAC 45.140, or 17 AAC 45.145 for aeronautical or non-aeronautical land use may not be lower than the rate applicable to the class of use for which the land is designated. The provisions of this subsection apply regardless of authorized or actual use under the lease, unless, when aeronautical use land is not available, the department approves aeronautical use for land designated for non-aeronautical use. In these circumstances, the department may charge the rental rate for aeronautical use even if lower than the rental rate for the designated use.

(u) For purposes of this section, "public utility" means an entity that provides sewer, water, or electrical services that are available to all persons located within the area in which those services are provided.

17 AAC 45.127

Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168; am 3/22/2008, Register 185; em am 6/16/2008 - 10/13/2008, Register 187; am 4/23/2009, Register 190; am 4/4/2013, Register 206; am 3/20/2016, Register 217, April 2016; am 7/1/2017, Register 222, July 2017; am 5/14/2021, Register 238, July 2021; am 1/19/2022, Register 241, April 2022

Authority:AS 02.15.020

AS 02.15.060

AS 02.15.070

AS 02.15.090

AS 44.42.020