Section 17 AAC 45.400 - Public notice(a) Except as otherwise provided in (b) or (d) of this section, when this chapter requires public notice, the department will give the public not less than (1) 30 days' notice by posting the required notice on the Alaska Online Public Notice System;(2) 21 days' notice by posting the notice in a public place on the affected airport or in the nearest community, with the notice prominently marked "Please leave posted and fully visible until ______;" the department will insert in the blank a date that is no earlier than the last day for receipt of comments and not less than 21 days after the date of first posting; and(3) if the department finds additional notice is in the best interest of the state, the department will publish notice at least once each week for three consecutive weeks in at least one newspaper of general circulation in the vicinity of the affected airport or in any other publication the department finds appropriate.(b) Except as provided in (d) of this section, the department will give not less than seven days' notice before issuing(1) a permit with a term of 270 days or less;(2) a lease or permit for a navigational, landing, or weather aid or for a flight service station or air traffic control tower in direct support of airport operations; or(3) a road right-of-way grant or permit. The department will give the notice required in this subsection by posting for not less than seven days on the Alaska Online Public Notice System and in a public place on the affected airport or in the nearest community. A notice posted in a public place under this section must be prominently marked "Please leave posted and fully visible until ______;" the department will insert in the blank a date that is no earlier than the last day for receipt of comments and not less than seven days after the date of first posting.
(c) The applicable notice period required under this section begins on the first day that the notice is either published or posted, whichever occurs earlier.(d) Public notice under this section is not required if the application for the lease, permit, concession, material amendment, or other interest is (1) for a business activity permit under 17 AAC 45.105, a commercial passenger vehicle permit under 17 AAC 45.095, an assigned-space permit under 17 AAC 45.500 - 17 AAC 45.590, or a transient aircraft fee parking permit under 17 AAC 45.600;(2) for a right-of-way for a utility, including an FAA utility, that will serve the airport or airport tenants; or(3) for a permit for use of airport property for 120 days or less.(e) Public notice under this section will include, as applicable,(1) the name of any applicant or the general basis for identification or selection of any person to receive a right or interest;(2) the general terms of any proposed lease, permit, concession, material amendment, or other interest including the proposed (A) rent and any other fees;(C) property description or location; and(D) the class or classes and general description of authorized uses;(3) the department's mailing address for submitting comment, objection, or, if applicable, a competing application;(4) the date by which all public comment, objection, and, if applicable, any competing application must be received in writing by department; and(5) a statement that only a person who submits written comment or objection, or, if applicable, competing application, to the department at the address and by the date and time specified in the notice and includes a return address, is entitled to have notice of the department's decision sent to that address.(f) An applicant for a lease, permit, concession, or material amendment to a lease, permit, or concession shall not remove, obscure, or cause to be removed or obscured, a notice of the application posted in a public place under (a) of this section, before the "please leave posted and fully visible until" removal date stated in the notice. A person who removes, obscures or causes to be removed or obscured a notice posted in a public place under (a) of this section before the removal date stated in the notice is subject to disqualification from receiving any lease, permit, or concession relating to the subject matter of the notice.Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168; am 3/22/2008, Register 185; am 3/20/2016, Register 217, April 2016Authority:AS 02.15.020
AS 02.15.060
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