ORS Chapter 836

Chapter 836 — Airportsand Landing Fields

 

2009 EDITION

 

 

AIRPORTSAND LANDING FIELDS

 

AVIATION

 

GENERALPROVISIONS

 

836.005     Definitions

 

STATEASSISTANCE

 

836.010     Availabilityof services of department

 

836.015     Financialassistance by director

 

836.020     Departmentas municipal agent

 

836.025     Establishmentof airports and air navigation facilities by department

 

836.030     Disposalof property

 

836.035     Effectof statute on airport zoning

 

836.040     Jointexercise of power

 

836.045     Condemnationby department

 

836.050     Condemnationof railroad or public utility property

 

836.055     Commercialconcessions at state airports

 

836.060     Operationof state airports by private persons

 

836.065     Liensof state for repairs, improvements or services to personal property

 

836.070     Useof federal and other moneys

 

836.072     Useof moneys from increase in taxes; rules

 

836.075     Stateairway system

 

836.080     Exemptionsfrom ORS 836.085 to 836.120

 

836.085     Approvalof airport sites; fee

 

836.090     Applicationfor site approval; rules

 

836.095     Approvalcriteria and conditions

 

836.100     Revocationof approval

 

836.105     Licensingof airports; fees; rules

 

836.110     Revocationof license; refusal of renewal

 

836.115     Publichearing regarding site or license; transcripts

 

836.120     Unlicensedairport operation prohibited

 

MUNICIPALAIRPORTS

 

836.200     Authorityto establish airports

 

836.205     Acquisitionof lands declared to be for public purpose

 

836.210     Delegationof authority to develop and maintain airports; regulations for charges, feesand tolls

 

836.215     Municipalacquisition of property for airports

 

836.220     Sourceof airport funds

 

836.230     Useof funds from operation

 

836.240     Authorizationto budget and levy taxes

 

836.245     Authorityas supplemental

 

836.250     Acquisitionby municipality of real property contiguous to airport; subsequent use ordisposition; financing acquisition or use

 

MISCELLANEOUS

 

836.340     Procedurefor relocation of public utility property

 

836.410     Permanentclosure of public use airport; rules

 

836.500     Marksand lights on structures or obstructions; acquisition of right or easement

 

836.505     Designationof landing places on public lands; rules governing user

 

836.510     Useof certain ocean beaches as landing fields

 

836.515     Petitionto set aside shore as landing field

 

836.520     Actionon petition; order setting aside area for landing field; user permits;revocation of order or permit

 

836.525     Enforcementof ORS 836.510 and 836.520

 

836.530     Rulesand standards; orders; appeals

 

836.535     Hazardsto air navigation prohibited; exceptions

 

LOCALGOVERNMENT AIRPORT REGULATION

 

836.600     Policy

 

836.605     Definitionsfor ORS 836.600 to 836.630

 

836.608     Airportoperation as matter of state concern; local planning documents to recognizeairport location; limitations on use; expansion of facility

 

836.610     Localgovernment land use plans and regulations to accommodate airport zones anduses; funding; rules

 

836.612     Approvalor expansion of land use activities subject to prior court decisions

 

836.616     Rulesfor airport uses and activities

 

836.619     Statecompatibility and safety standards for land uses near airports; rules

 

836.623     Localcompatibility and safety requirements more stringent than state requirements;criteria; water impoundments; report to federal agency; application to certainactivities

 

836.625     Applicationto airport uses of land use limitations in farm use zones; effect on taxassessment

 

836.630     Sitingof new airports to comply with land use laws; limitation on rules

 

THROUGHTHE FENCE OPERATIONS

 

836.640     Definitionsfor ORS 836.640 and 836.642

 

836.642     Programfor through the fence operations; rules

 

GENERALPROVISIONS

 

      836.005Definitions.When used in the laws of this state relating to aviation, unless the contextotherwise provides:

      (1)“Air navigation facility” means any facility other than one owned or operatedby the United States used in, available for use in, or designed for use in, aidof air navigation, including airports and any structures, mechanisms, lights,beacons, markers, communicating system or other instrumentalities or devicesused or useful as an aid, or constituting an advantage or convenience to thesafe taking-off, navigation and landing of aircraft, or the safe and efficientoperation or maintenance of an airport, and any combination of any or all ofsuch facilities.

      (2)“Aircraft” means any contrivance used or designed for navigation of or flightin the air, but does not mean a one-person motorless glider that is launchedfrom the earth’s surface solely by the operator’s power.

      (3)“Airport” means any area of land or water, within or without this state, thatis used, or intended for use, for the landing and take-off of aircraft, and anyappurtenant areas that are used, or intended for use, for airport buildings orother airport facilities or rights of way, together with all airport buildingsand facilities located thereon.

      (4)“Airport hazard” means any structure, object of natural growth, or use of land,that obstructs the airspace required for the flight of aircraft in landing ortaking off at an airport, or is otherwise hazardous to such landing or takingoff.

      (5)“Aviation” means the science and art of flight and includes but is not limitedto:

      (a)Transportation by aircraft;

      (b)The operation, construction, repair or maintenance of aircraft, aircraft powerplants and accessories, including the repair, packing and maintenance ofparachutes;

      (c)The design, establishment, construction, extension, operation, improvement,repair or maintenance of airports or other air navigation facilities; and

      (d)Instruction in flying or ground subjects pertaining thereto.

      (6)“Civil aircraft” means any aircraft other than a public aircraft.

      (7)“Department” means the Oregon Department of Aviation.

      (8)“Municipality” means any county, city, town, village, borough, authority, districtor other political subdivision or public corporation of this state. “Municipal”means pertaining to a municipality as defined in this section.

      (9)“Operation of aircraft” or “operate aircraft” means the use, navigation orpiloting of aircraft in the airspace over this state or upon any airport withinthis state.

      (10)“Person” means any individual, firm, partnership, corporation, company,association, joint stock association, or body politic; and includes anytrustee, receiver, assignee, or other similar representative thereof.

      (11)“Pilot” means any individual certificated by the federal government to operatean aircraft or an individual in training for such certification who possesses avalid student pilot certificate issued by the appropriate federal agency.

      (12)“Public aircraft” means any aircraft used exclusively in the service of anygovernment or of any political subdivision thereof, including the government ofany state, territory or possession of the United States, or the District ofColumbia, but not including any government-owned aircraft engaged in carryingpersons or property for commercial purposes.

      (13)“State” or “this state” means the State of Oregon and territory over which anymunicipality of the State of Oregon has jurisdiction. [Formerly 492.010; 1989c.102 §1; 1993 c.741 §93; 1999 c.935 §36; 2003 c.14 §506]

 

STATEASSISTANCE

 

      836.010Availability of services of department. The Director of the Oregon Departmentof Aviation may, insofar as is reasonably possible, make available the OregonDepartment of Aviation’s engineering and other technical services with orwithout charge, to any person requesting such services in connection with theplanning, acquisition, construction, improvement, maintenance or operation ofairports or air navigation facilities. [Formerly 492.020]

 

      836.015Financial assistance by director. The Director of the Oregon Departmentof Aviation as authorized by the State Aviation Board may render financialassistance by grant or loan, or both, to any municipality or municipalitiesacting jointly in the planning, acquisition, construction, improvement,maintenance or operation of an airport owned or controlled, or to be owned orcontrolled by such municipality or municipalities, out of appropriation made bythe legislature for such purposes. The financial assistance may be furnished inconnection with federal or other financial aid for the same purposes. [Formerly492.030]

 

      836.020Department as municipal agent. The Oregon Department of Aviationshall, upon request, act as agent of any municipality or municipalities actingjointly, in accepting, receiving, receipting for and disbursing federal moneysand other moneys, public or private, made available to finance in whole, or inpart, the planning, acquisition, construction, improvement, maintenance oroperation of a municipal airport or air navigation facility. The departmentshall upon request, act as its or their agents in contracting for andsupervising such planning, acquisition, construction, improvement, maintenanceor operation. All municipalities are authorized to designate the department astheir agent for such purposes. [Formerly 492.040]

 

      836.025Establishment of airports and air navigation facilities by department. (1) The OregonDepartment of Aviation may, on behalf of and in the name of the state, out ofmoneys made available for such purposes, plan, establish, construct, enlarge,improve, maintain, equip, operate, regulate, protect and police airports andair navigation facilities, either within or without the state, including theconstruction, installation, equipment, maintenance and operation at suchairports of buildings and other facilities for the servicing of aircraft or forthe comfort and accommodation of air travelers.

      (2)For such purposes the department may, by purchase, gift, devise, lease,condemnation or otherwise, acquire property, real or personal, or any interesttherein, including easements in airport hazards or land outside the boundariesof an airport or airport site, as are necessary to permit safe and efficientoperation of the airports or to permit the removal, elimination,obstruction-marking or obstruction-lighting of airport hazards, or to preventthe establishment of airport hazards. In like manner the department may acquireexisting airports and air navigation facilities; provided it shall not acquireor take over any airport or air navigation facility owned or controlled by amunicipality of this or any other state without the consent of themunicipality. [Formerly 492.050]

 

      836.030Disposal of property.The Oregon Department of Aviation as authorized by the State Aviation Board mayby sale, lease, or otherwise, dispose of any property mentioned in ORS 836.025,any airport, air navigation facility, or portion thereof or interest therein.The disposal by sale, lease or otherwise shall be in accordance with the lawsof this state governing the disposition of other property of the state, exceptthat in the case of disposals to any municipality or state government or theUnited States for aviation purposes incident thereto, the sale, lease, or otherdisposal may be effected in such manner and upon such terms as the departmentmay deem in the best interest of the state. [Formerly 492.060]

 

      836.035Effect of statute on airport zoning. ORS 836.005 to 836.120, 836.200,836.205, 836.215, 836.220 and 836.240 do not limit any right, power orauthority of the state or a municipality to regulate airport hazards by zoning.[Formerly 492.070]

 

      836.040Joint exercise of power. The Oregon Department of Aviation may exercise anypowers granted by ORS 836.025 to 836.050 jointly with any municipalities oragencies of the state government, with other states or their municipalities, orwith the United States. [Formerly 492.080]

 

      836.045Condemnation by department. In the condemnation of property authorized by ORS836.025, the Oregon Department of Aviation as authorized by the State AviationBoard shall proceed in the name of the state in the manner provided by ORSchapter 35. For the purpose of making surveys and examinations relative to anycondemnation proceedings, it shall be lawful to enter upon any land in themanner provided by ORS 35.220, doing no unnecessary damage. Notwithstanding theprovisions of any other statute, or the charter of any municipality, thedepartment may take possession of any property to be condemned at any timeafter the commencement of the condemnation proceedings. The department shallnot be precluded from abandoning the condemnation of any such property in anycase where possession thereof has not been taken. [Formerly 492.090; 2003 c.477§13]

 

      836.050Condemnation of railroad or public utility property. (1) Nooperating property of any public utility, as defined in ORS 757.005, or anytelecommunications carrier as defined in ORS 133.721, shall be condemnedpursuant to ORS 836.025 and 836.045 unless the Public Utility Commission, afternotice and hearing in accordance with the rules of procedure of the commission,has found that public convenience and necessity require such condemnation. Alladministrative expenses incurred in any such hearing shall be paid by the partynot prevailing therein.

      (2)No operating property of any railroad, as defined in ORS 824.200, shall becondemned pursuant to ORS 836.025 and 836.045 unless the Oregon Department ofAviation, after notice and hearing, has found that public convenience andnecessity require such condemnation. All administrative expenses incurred inany such hearing shall be paid by the party not prevailing therein. [Formerly492.100; 1995 c.733 §50; 1999 c.1093 §20]

 

      836.055Commercial concessions at state airports. (1) In operating an airport orair navigation facility owned or controlled by the state the Oregon Departmentof Aviation as authorized by the State Aviation Board may enter into contracts,leases and other arrangements for a term not exceeding 30 years with anypersons:

      (a)Granting the privilege of using or improving such airport or air navigationfacility or any portion or facility thereof or space therein for commercialpurposes;

      (b)Conferring the privilege of supplying goods, commodities, things, services orfacilities at such airport or air navigation facility; or

      (c)Making available services to be furnished by the department or its agents atsuch airport or air navigation facility.

      (2)In each such case the department may establish the terms and conditions and fixthe charges, rentals or fees for the privileges or services, which shall bereasonable and uniform for the same class of privilege or service and shall beestablished with due regard to the property and improvements used and theexpenses of operation to the state; provided, that in no case shall the publicbe deprived of its rightful, equal and uniform use of the airport, airnavigation facility, or portion or facility thereof. [Formerly 492.110]

 

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