When used in the laws of this state relating
to aviation, unless the context otherwise provides:
(1) “Air navigation facility” means any facility other than one
owned or operated by the United States used in, available for use in, or
designed for use in, aid of air navigation, including airports and any
structures, mechanisms, lights, beacons, markers, communicating system 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 such
facilities.
(2) “Aircraft” means any contrivance used or designed for
navigation of or flight in the air, but does not mean a one-person
motorless glider that is launched from the earth’s surface solely by the
operator’s power.
(3) “Airport” means any area of land or water, within or without
this state, 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 all airport buildings and 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 or taking off at an airport, or is otherwise
hazardous to such landing or taking off.
(5) “Aviation” means the science and art of flight and includes but
is not limited to:
(a) Transportation by aircraft;
(b) The operation, construction, repair or maintenance of aircraft,
aircraft power plants and accessories, including the repair, packing and
maintenance of parachutes;
(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, district or 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 or piloting of aircraft in the airspace over this state or
upon any airport within this state.
(10) “Person” means any individual, firm, partnership, corporation,
company, association, joint stock association, or body politic; and
includes any trustee, receiver, assignee, or other similar representative
thereof.
(11) “Pilot” means any individual certificated by the federal
government to operate an aircraft or an individual in training for such
certification who possesses a valid student pilot certificate issued by
the appropriate federal agency.
(12) “Public aircraft” means any aircraft used exclusively in the
service of any government or of any political subdivision thereof,
including the government of any state, territory or possession of the
United States, or the District of Columbia, but not including any
government-owned aircraft engaged in carrying persons or property for
commercial purposes.
(13) “State” or “this state” means the State of Oregon and
territory over which any municipality of the State of Oregon has
jurisdiction. [Formerly 492.010; 1989 c.102 §1; 1993 c.741 §93; 1999
c.935 §36; 2003 c.14 §506]STATE ASSISTANCE The Director of the
Oregon Department of Aviation may, insofar as is reasonably possible,
make available the Oregon Department of Aviation’s engineering and other
technical services with or without charge, to any person requesting such
services in connection with the planning, acquisition, construction,
improvement, maintenance or operation of airports or air navigation
facilities. [Formerly 492.020] The Director of the
Oregon Department of Aviation as authorized by the State Aviation Board
may render financial assistance by grant or loan, or both, to any
municipality or municipalities acting jointly in the planning,
acquisition, construction, improvement, maintenance or operation of an
airport owned or controlled, or to be owned or controlled by such
municipality or municipalities, out of appropriation made by the
legislature for such purposes. The financial assistance may be furnished
in connection with federal or other financial aid for the same purposes.
[Formerly 492.030] The Oregon Department of
Aviation shall, upon request, act as agent of any municipality or
municipalities acting jointly, in accepting, receiving, receipting for
and disbursing federal moneys and other moneys, public or private, made
available to finance in whole, or in part, the planning, acquisition,
construction, improvement, maintenance or operation of a municipal
airport or air navigation facility. The department shall upon request,
act as its or their agents in contracting for and supervising such
planning, acquisition, construction, improvement, maintenance or
operation. All municipalities are authorized to designate the department
as their agent for such purposes. [Formerly 492.040](1) The Oregon Department of Aviation may, on behalf of and
in the name of the state, out of moneys made available for such purposes,
plan, establish, construct, enlarge, improve, maintain, equip, operate,
regulate, protect and police airports and air navigation facilities,
either within or without the state, including the construction,
installation, equipment, maintenance and operation at such airports of
buildings and other facilities for the servicing of aircraft or for the
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 interest therein, including easements in airport hazards
or land outside the boundaries of an airport or airport site, as are
necessary to permit safe and efficient operation of the airports or to
permit the removal, elimination, obstruction-marking or
obstruction-lighting of airport hazards, or to prevent the establishment
of airport hazards. In like manner the department may acquire existing
airports and air navigation facilities; provided it shall not acquire or
take over any airport or air navigation facility owned or controlled by a
municipality of this or any other state without the consent of the
municipality. [Formerly 492.050] The Oregon Department of Aviation as
authorized by the State Aviation Board may by 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 laws of this
state governing the disposition of other property of the state, except
that in the case of disposals to any municipality or state government or
the United States for aviation purposes incident thereto, the sale,
lease, or other disposal may be effected in such manner and upon such
terms as the department may deem in the best interest of the state.
[Formerly 492.060]ORS 836.005 to
836.120, 836.200, 836.205, 836.215, 836.220 and 836.240 do not limit any
right, power or authority of the state or a municipality to regulate
airport hazards by zoning. [Formerly 492.070] The Oregon Department of Aviation
may exercise any powers granted by ORS 836.025 to 836.050 jointly with
any municipalities or agencies of the state government, with other states
or their municipalities, or with the United States. [Formerly 492.080] In the condemnation of property
authorized by ORS 836.025, the Oregon Department of Aviation as
authorized by the State Aviation Board shall proceed in the name of the
state in the manner provided by ORS chapter 35. For the purpose of making
surveys and examinations relative to any condemnation proceedings, it
shall be lawful to enter upon any land in the manner provided by ORS
35.220, doing no unnecessary damage. Notwithstanding the provisions of
any other statute, or the charter of any municipality, the department may
take possession of any property to be condemned at any time after the
commencement of the condemnation proceedings. The department shall not be
precluded from abandoning the condemnation of any such property in any
case where possession thereof has not been taken. [Formerly 492.090; 2003
c.477 §13] (1) No
operating property of any public utility, as defined in ORS 757.005, or
any telecommunications carrier as defined in ORS 133.721, shall be
condemned pursuant to ORS 836.025 and 836.045 unless the Public Utility
Commission, after notice and hearing in accordance with the rules of
procedure of the commission, has found that public convenience and
necessity require such condemnation. All administrative expenses incurred
in any such hearing shall be paid by the party not prevailing therein.
(2) No operating property of any railroad, as defined in ORS
824.200, shall be condemned pursuant to ORS 836.025 and 836.045 unless
the Oregon Department of Aviation, after notice and hearing, has found
that public convenience and necessity require such condemnation. All
administrative expenses incurred in any such hearing shall be paid by the
party not prevailing therein. [Formerly 492.100; 1995 c.733 §50; 1999
c.1093 §20] (1) In operating
an airport or air navigation facility owned or controlled by the state
the Oregon Department of Aviation as authorized by the State Aviation
Board may enter into contracts, leases and other arrangements for a term
not exceeding 30 years with any persons:
(a) Granting the privilege of using or improving such airport or
air navigation facility or any portion or facility thereof or space
therein for commercial purposes;
(b) Conferring the privilege of supplying goods, commodities,
things, services or facilities at such airport or air navigation
facility; or
(c) Making available services to be furnished by the department or
its agents at such airport or air navigation facility.
(2) In each such case the department may establish the terms and
conditions and fix the charges, rentals or fees for the privileges or
services, which shall be reasonable and uniform for the same class of
privilege or service and shall be established with due regard to the
property and improvements used and the expenses of operation to the
state; provided, that in no case shall the public be deprived of its
rightful, equal and uniform use of the airport, air navigation facility,
or portion or facility thereof. [Formerly 492.110] (1) The
Oregon Department of Aviation as authorized by the State Aviation Board
may by contract, lease or other arrangement, upon a consideration fixed
by it, grant to any qualified person for a term not to exceed 30 years
the privilege of operating, as agent of the state or otherwise, any
airport owned or controlled by the state; provided, that no such person
shall be granted any authority to operate the airport other than as a
public airport, or to enter into any contracts, leases, or other
arrangements in connection with the operation of the airport which the
department might not have undertaken under ORS 836.055.
(2) The department shall grant no exclusive right for the use of
any airway, airport, or air navigation facility under its jurisdiction.
This subsection shall not prevent the making of contracts, leases, and
other arrangements pursuant to this section or ORS 836.055. [Formerly
492.120]To enforce the payment of any charges for repairs to,
or improvements, or storage or care of any personal property made or
furnished by the Oregon Department of Aviation or its agents in
connection with the operation of an airport or air navigation facility
owned or operated by the state, the state shall have liens on such
property, which shall be enforceable by the department as provided by
law. [Formerly 492.130] The Oregon Department of
Aviation as authorized by the State Aviation Board may accept, receive,
receipt for, disburse and expend federal moneys, and other moneys, public
or private, made available to accomplish, in whole or in part, any of the
purposes of this chapter and ORS chapters 835 and 837. In accepting
federal moneys under this section, the department shall have the same
authority to enter into contracts on behalf of the state as is granted to
the department with respect to federal moneys accepted on behalf of
municipalities. [Formerly 492.140] (1) Moneys from the
increases in taxes by the amendments to ORS 319.020 by sections 1 and 3,
chapter 1037, Oregon Laws 1999, shall be used by the Oregon Department of
Aviation to establish and fund a program to maintain and preserve the
pavements used for runways, taxiways and aircraft parking areas at public
use airports in this state.
(2) Projects for maintenance and preservation of pavements at
public use airports that are identified in the plan developed under ORS
835.015 are eligible for funding under this section. The following
expenses of projects selected may be funded under this section:
(a) Construction expenses;
(b) Engineering expenses; and
(c) Administrative expenses.
(3) The Director of the Oregon Department of Aviation shall prepare
a list of recommended projects. Factors to be used by the director
include, but are not limited to:
(a) The age and condition of pavements;
(b) An airport’s role in the state’s aviation system, as described
by the plan developed under ORS 835.015; and
(c) Local financial participation in projects.
(4) The director shall forward the list of recommended projects to
the State Aviation Board for approval.
(5) The department may adopt such rules as it deems necessary for
implementation of the airport pavement preservation program. [1999 c.1037
§5; 2001 c.104 §318; 2001 c.378 §2]Note: 836.072 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 836 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. The Oregon Department of Aviation as
authorized by the State Aviation Board may designate, design and
establish, expand or modify a state airway system which will serve the
interest of the state. It may chart such airways system and arrange for
publication and distribution of such maps, charts, notices and bulletins
relating to such airways as may be required in the public interest. The
system shall be supplementary to and coordinated in design and operation
with the federal airways system. It may include all types of air
navigation facilities, whether publicly or privately owned, provided that
such facilities conform to federal safety standards. [Formerly 492.150] (1) The provisions
of ORS 836.085 to 836.120 do not apply to airports owned or operated by
the United States.
(2) The Oregon Department of Aviation as authorized by the State
Aviation Board may, from time to time, to the extent necessary, exempt
any class of airports, pursuant to a reasonable classification or
grouping, from any rule or regulation promulgated under ORS 836.085 to
836.120, or from any requirement of such a rule or regulation, if it
finds that the application of such rule, regulation or requirement would
be an undue burden on such class and is not required in the interest of
public safety. [Formerly 492.160] Except as provided in ORS
836.080, the Oregon Department of Aviation as authorized by the State
Aviation Board shall provide for the approval of proposed airport sites
and the issuance of certificates of such approval. The following apply to
this section:
(1) A nonrefundable fee of $75, together with an amount not to
exceed $300 established by the department for the cost of inspecting and
approving an airport site for potential approval, shall accompany the
application for site approval.
(2) The department shall determine approval of airport sites under
this section based on the conditions under ORS 836.095. [Formerly
492.170; 1997 c.585 §1] Subject to the rules
of procedure adopted by the State Aviation Board providing for such
approvals, any municipality or person desiring or planning to construct
or establish an airport must, prior to the construction or establishment
of the proposed airport, submit to the Oregon Department of Aviation an
application for approval of the site which shall include an outline plan
and written description of the project, showing particularly the airport
location in respect to surrounding topography that could affect the
airport location. [Formerly 492.180] (1) The Oregon Department
of Aviation shall with reasonable dispatch grant approval of a proposed
airport site if it is satisfied that the site is adequate for the
proposed airport, that such proposed airport, if constructed or
established, will conform to minimum standards of safety and that safe
air traffic patterns could be worked out for such proposed airport and
for all existing airport and approved airport sites in its vicinity. In
determining whether an airport site is adequate for a proposed airport,
the department shall evaluate all of the following aspects of the site:
(a) All real property devoted to or to be used in connection with
any aviation activity at the proposed airport.
(b) The location of the airport in relation to any surrounding
topography, trees or structures that could affect the safety of the
airport.
(c) The location and configuration of the proposed airport’s
runways and operation areas in relation to those of existing and approved
airports or airport sites in the vicinity that could affect the safety of
aircraft operating from the proposed airport, or from other airports.
(2) An approval of a proposed airport site may be granted under
this section subject to any reasonable conditions which the department
may deem necessary to effectuate the purposes of ORS 836.085 to 836.120,
and shall remain in effect, unless sooner revoked by the department,
until a license for an airport located on the approved site has been
issued pursuant to ORS 836.105. [Formerly 492.190] The Oregon Department of Aviation
may, after notice and opportunity for hearing to holders of certificates
of airport site approval under ORS 836.095, revoke such approval when it
reasonably determines:
(1) That there has been an abandonment of the site as an airport
site;
(2) That there has been a failure within two years, to develop the
site as an airport or to comply with the conditions of the approval; or
(3) That prior to commencement of construction and because of
change of physical or legal conditions or circumstances the site is no
longer usable for the aviation purposes for which the approval was
granted. [Formerly 492.200] Except as provided in
ORS 836.080, the Oregon Department of Aviation is authorized to provide
for the licensing of airports and the annual renewal of such licenses.
The following apply to this section:
(1) The department may charge license fees not exceeding $30 for
each original license, and not exceeding $30 for each renewal thereof.
(2) Upon the adoption of a rule providing for such licensing, the
department shall with reasonable dispatch, upon receipt of an application
for an original license and the payment of the duly required fee
therefor, issue an appropriate license if it is satisfied that the
airport conforms to minimum standards of safety and that safe air traffic
patterns can be worked out for such airport and for all existing airports
and approved airport sites in its vicinity.
(3) All licenses shall be renewable annually upon payment of the
fees prescribed.
(4) Licenses and renewals thereof may be issued subject to any
reasonable conditions that the department may deem necessary to
effectuate the purposes of ORS 836.085 to 836.120. [Formerly 492.210;
1997 c.585 §2] The Oregon
Department of Aviation may, after notice and opportunity for hearing to
the licensee, revoke any airport license or renewal thereof, or refuse to
issue a renewal, when it shall reasonably determine:
(1) That there has been an abandonment of the airport as such;
(2) That there has been a failure to comply with the conditions of
the license or renewal thereof; or
(3) That because of change of physical or legal conditions or
circumstances the airport has become either unsafe or unusable for the
aviation purposes for which the license or renewal was issued. [Formerly
492.220] In
connection with the grant of approval of a proposed airport site or the
issuance of an airport license under ORS 836.085 to 836.110, the Oregon
Department of Aviation may, on its own motion or upon the request of an
affected or interested person, hold a hearing open to the public on any
issue. Hearing transcripts shall be provided to requesting parties, at
cost. [Formerly 492.230] Except as provided
in ORS 836.080, no person, municipality or officer or employee thereof,
shall operate an airport without an appropriate license for such, as is
duly required by rule or regulation issued pursuant to ORS 836.105.
[Formerly 492.240]MUNICIPAL AIRPORTS All municipalities of this
state, separately or jointly or in cooperation with the federal
government or state, may acquire, establish, construct, expand or lease,
control, equip, improve, maintain, operate, police and regulate airports
for the use of aircraft, either within this state or within any adjoining
state, and may use for such purposes any available property owned or
controlled by such municipalities or political subdivisions. All
municipalities shall notify the Oregon Department of Aviation of, and
allow the department to participate in an advisory capacity in, all
municipal airport or aviation system planning. [Formerly 492.310] All
lands heretofore or hereafter acquired, owned, leased, controlled or
occupied by municipalities, for the purposes specified in ORS 836.200 are
declared to be acquired, owned, leased, controlled or occupied for public
and governmental and municipal purposes. [Formerly 492.320]Municipalities of this state
which establish airports, or which acquire, lease or set apart real
property for such purposes, may:
(1) Delegate the authority for the planning, construction,
equipment, improvement, maintenance and operation thereof in any offices,
board or body of such municipality.
(2) Provide by regulation for charges, fees and tolls for the use
of such airport and civil penalties for the violation of such
regulations. [Formerly 492.330] Private
property, or any interest therein of whatever kind, and an easement for
the operation of aircraft and all operations incidental thereto, to and
from the property for the purposes specified in ORS 836.200, may be
acquired by any municipality, by gift, grant, purchase, lease or
contract, if the municipality is able to agree with the property owners
on the terms of acquisition. If the municipality and the property owners
are unable to agree upon terms, private property may be acquired by
condemnation in the manner provided in ORS chapter 35. As an alternative,
the municipality, if a port, may condemn the private property, or any
interest therein, for the operation of aircraft and all operations
incidental thereto, in the same manner and procedure as is provided by
statute for condemnation of property by corporations organized for
construction and operation of railroads. [Formerly 492.340; 2001 c.104
§319] The purchase price or compensation
for real or other property acquired in accordance with ORS 836.215 and
the cost and expenses for the development, improvement, maintenance and
operation of airports, may be paid for by appropriation of moneys
available; or entirely or in part from the proceeds of the sale of bonds
of the municipality, as the governing body of the municipality may
determine, subject, however, to the authorization therefor at a regular
or special election, if such authorization is a prerequisite to the
issuance of bonds of the municipality for public purposes generally.
[Formerly 492.350] The officials of any
municipality acquiring, establishing, developing, operating, maintaining
or controlling an airport under authority of ORS 836.200 may use for such
purposes funds derived from operation of the airport. [Formerly 492.360] Any municipality
acting under authority of ORS 836.200 may provide in its annual budget
and tax levy an amount of money necessary for the maintenance and
operation of such airports. [Formerly 492.370] The authority conferred by ORS
836.200, 836.205, 836.215, 836.220 and 836.240 is in addition and
supplemental to the authority conferred by any other law. [Formerly
492.380](1)
In addition to the authority conferred upon them by any other law, any
municipality of this state acquiring, establishing, developing,
operating, maintaining or controlling an airport under ORS 836.200 to
836.245, may acquire real property, or any interest therein of whatever
kind, contiguous to the airport by gift, grant, purchase, lease or
contract for future development and expansion of the airport or its
facilities. Until needed for such future development and expansion, the
municipality may use the real property or interest therein so acquired by
renting, leasing, controlling or occupying it.
(2)(a) If any real property owned by any municipality referred to
in subsection (1) of this section and held for the use of an airport or
its facilities is determined not to be needed for such purposes by the
governing body of a municipality controlling the airport, such governing
body may lease, occupy, use, sell, convey or dispose of such real
property.
(b) Except as provided in subsection (3) of this section, any sale
of real property under paragraph (a) of this subsection shall be made in
accordance with the provisions of ORS 275.110 and 275.120. The proceeds
of any sales made by the municipality shall apply against any
indebtedness acquired under ORS 836.220. If no indebtedness exists, such
funds shall be deposited to the general fund of such municipality.
(3) Sales of real property by the Port of Portland shall be
governed by applicable federal laws and regulations and by the provisions
of ORS chapters 777 and 778.
(4) All funds needed by any municipality to carry out any provision
of this section may be provided in the same manner as funds may be
provided under ORS 836.220 or 836.240, or both. [Formerly 492.390; 2003
c.139 §1]MISCELLANEOUS (1) No
airport zoning regulations adopted under authority of ORS 836.600 to
836.630 shall require the alteration or relocation of the operating
property of any public utility, as defined in ORS 757.005, without the
consent of such utility or unless the Public Utility Commission, after
notice and hearing in accordance with the rules of procedure of the
commission, determines that such alteration or relocation is justified by
the public interest.
(2) All administrative expenses incurred in any such hearing shall
be paid by the party not prevailing therein. All actual and necessary
expenses incurred in making such alteration or change, if any, shall be
borne by the municipality. [Formerly 492.600; 1995 c.733 §51; 1997 c.859
§1]Every municipality which develops or operates an
airport may acquire the right or easement for a term of years or
perpetually, to place and maintain suitable marks for the daytime, and to
place, operate and maintain suitable lights for the nighttime marking of
buildings or other structures or obstructions, to enhance the safety of
aircraft utilizing such airport. Such rights or easements may be acquired
by grant, purchase, lease or condemnation in the same manner as is
provided in ORS chapter 35. [Formerly 492.760](1) Landing places for aircraft may from time to time be
designated, set apart and marked by the Oregon Department of Aviation or
other public officials who are in charge of any land owned or controlled
by the state or by any municipality, or park commission.
(2) Such officials may make reasonable rules and regulations
subject to the approval of the State Aviation Board governing the use of
the landing places by aviators and other persons, and may change the
rules and regulations from time to time. The rules and regulations shall
be such as will promote the safe and orderly use of the airports
affected. All aviators and other persons using such landing places shall
at all times comply with all such rules and regulations. [Formerly
492.770] Except as
permitted under ORS 836.520, no person shall use for a landing field for
aircraft any part of the Oregon shore of the Pacific Ocean between high
and low tide, commonly known as the “beach,” and which by law has been
made a state recreation area, except for an emergency. [Formerly 492.780] Any person,
municipality or municipal corporation desiring to use for a landing field
for aircraft any part of the Oregon shore of the Pacific Ocean described
in ORS 836.510 shall petition the State Aviation Board to set aside and
designate a particular area of the shore for a landing field for
aircraft. The petition shall clearly describe the area sought for such
purpose and shall contain information giving the type and number of
aircraft which will use such field, the extent to which and the purpose
for which such field shall be so used, together with such other
information as the board may require. Before the petition is filed with
the board it shall be approved in writing by the Oregon Department of
Aviation. [Formerly 492.790]The State Aviation
Board shall give due consideration to each petition submitted under ORS
836.515, and may in its discretion order a public hearing in the vicinity
in which it is proposed to establish the landing field, at which hearing
all persons interested may appear and be heard. If after due
consideration the board is of the opinion that the best interests of the
general public will be served by granting the petition, an order may be
made which shall be entered in the minutes of the board. The order shall
provide that the described area shall be set aside as a landing field for
aircraft and the order may authorize the issuance of a permit to the
applicant to use the field for said purpose. The permit shall contain
such conditions and safeguards with respect to policing and other matters
incident to the public welfare as the board deems proper for the safety
of the general public. The board may, for a violation of any of the terms
or conditions of the permit, recall and cancel the same. The board may in
its discretion vacate the order setting aside the area for a landing
field whenever in the judgment of the board the interests of the general
public warrant such action. [Formerly 492.800] The law enforcing
agencies authorized to enforce the laws of the state with respect to the
rules of the road and the regulation of motor vehicles using the public
highways of the state are likewise authorized to enforce ORS 836.510 and
836.520. [Formerly 492.810] (1) In addition to
any other rulemaking authority, the Director of the Oregon Department of
Aviation may adopt rules:
(a) To define physical hazards to air navigation and determine
whether specific types or classes of objects or structures constitute
hazards. Rules defining physical hazards and determining whether specific
types or classes of objects or structures constitute hazards may be
adopted only after a fact-finding process and must be supported by
substantial evidence.
(b) Establishing standards for lighting or marking objects and
structures that constitute hazards to air navigation.
(2) In accordance with the rules adopted under this section, the
director shall do the following:
(a) Determine whether specific objects or structures constitute a
hazard to air navigation.
(b) Determine responsibility for installation and maintenance of
lighting or marking specific objects or structures that constitute
hazards to air navigation.
(c) Issue orders to require that specific objects or structures
determined to be hazards to air navigation be marked or lighted in
accordance with rules adopted under this section.
(3) Rules and standards adopted under this section are limited to
and shall not be more restrictive than current federal norms, including
but not limited to, regulations and circulars, pertaining to objects
affecting navigable airspace.
(4) Any person or entity required to comply with an order issued
under this section may contest the order as provided under ORS chapter
183. [Formerly 492.820; 1999 c.935 §37]LOCAL GOVERNMENT AIRPORT REGULATION In recognition of the importance of the network of
airports to the economy of the state and the safety and recreation of its
citizens, the policy of the State of Oregon is to encourage and support
the continued operation and vitality of Oregon’s airports. Such
encouragement and support extends to all commercial and recreational uses
and activities described in ORS 836.616 (2). [1995 c.285 §2] As used in ORS
836.600 to 836.630:
(1) “Aircraft” means helicopters and airplanes but not hot air
balloons or ultralights.
(2) “Airports” means the strip of land used for taking off and
landing aircraft, together with all adjacent land used in 1994 in
connection with the aircraft landing or taking off from the strip of
land, including but not limited to land used for the existing commercial
and recreational airport uses and activities as of December 31, 1994.
[1995 c.285 §3](1) The continued operation and vitality of
airports registered, licensed or otherwise recognized by the Department
of Transportation on December 31, 1994, is a matter of state concern.
(2) A local government shall recognize in its planning documents
the location of private-use airports and privately owned public-use
airports not listed under ORS 836.610 (3) if the airport was the base for
three or more aircraft, as shown in the records of the Department of
Transportation, on December 31, 1994. Local planning documents shall
establish a boundary showing areas in airport ownership, or subject to
long-term lease, that are developed or committed to airport uses
described in ORS 836.616 (2). Areas committed to airport uses shall
include those areas identified by the airport owner that the local
government determines can be reasonably expected to be devoted to airport
uses allowed under ORS 836.616 (2).
(3)(a) A local government shall not impose limitations on the
continued operation of uses described in ORS 836.616 (2) that existed at
any time during 1996 at an airport described in subsection (2) of this
section. A local government shall allow for the growth of uses described
in ORS 836.616 (2) that existed at any time during 1996 at an airport
described in subsection (2) of this section. A local government shall not
impose additional limitations on a use approved by the local government
prior to January 1, 1997, for an airport described in subsection (2) of
this section. Notwithstanding subsection (4) of this section, the
construction of additional hangars or tie-downs by the owner of an
airport described in subsection (2) of this section, basing additional
aircraft and increases in flight activity shall be permitted at an
airport described in subsection (2) of this section.
(b) A local government may authorize the establishment of a new use
described in ORS 836.616 (2) at an airport described in subsection (2) of
this section following a public hearing on the use. The hearing shall be
for the purpose of establishing compliance with adopted clear and
objective standards relating to the compatibility and adequacy of public
facilities and services as provided under subsection (5) of this section.
Standards and requirements as adopted by the local government shall
further the policy of ORS 836.600 to the maximum extent practicable.
(4) Growth of an existing use on an airport as described in
subsection (3)(a) of this section that requires a building permit shall
be allowed as an administrative decision without public hearing unless
the growth:
(a) Cannot be supported by existing public facilities and services
and transportation systems authorized by applicable statewide land use
planning goals;
(b) Forces a significant change or significantly increases the
costs of conducting existing uses on surrounding lands; or
(c) Exceeds the standards of ORS 215.296 (1) if the airport is
adjacent to land zoned for exclusive farm use.
(5) A local government shall authorize a new use described in
subsection (3)(b) of this section provided the use:
(a) Is or will be supported by adequate types and levels of public
facilities and services and transportation systems authorized by
applicable statewide land use planning goals;
(b) Does not seriously interfere with existing land uses in areas
surrounding the airport; and
(c) The local government reviews the use under the standards
described in ORS 215.296 if the airport is adjacent to land zoned for
exclusive farm use.
(6) An applicant for a new use under subsection (5) of this section
may demonstrate that the standards for approval will be satisfied through
the imposition of conditions. Any conditions imposed shall be clear and
objective.
(7) A local government may adopt standards and requirements for the
establishment of new airports, the expansion of existing airports and the
regulation of uses and activities at airports serving as the base for two
or fewer aircraft on December 31, 1994, as shown in the records of the
Department of Transportation. The standards and requirements shall comply
with applicable statewide land use planning laws.
(8) The Land Conservation and Development Commission shall adopt
rules regulating the height of structures to protect approach corridors
at airports described in subsection (2) of this section and at publicly
owned airports that are the base for two or fewer aircraft. [1997 c.859
§3]Note: 836.608, 836.612 and 836.623 were added to and made a part of
836.600 to 836.630 by legislative action but were not added to any
smaller series therein. See Preface to Oregon Revised Statutes for
further explanation.(1) Local governments
shall amend their comprehensive plan and land use regulations consistent
with the rules for airports adopted by the Land Conservation and
Development Commission under ORS 836.616 and 836.619. Airports subject to
the rules shall include:
(a) Publicly owned airports registered, licensed or otherwise
recognized by the Department of Transportation on or before December 31,
1994, that in 1994 were the base for three or more aircraft; and
(b) Privately owned public-use airports specifically identified in
administrative rules of the Oregon Department of Aviation that:
(A) Provide important links in air traffic in this state;
(B) Provide essential safety or emergency services; or
(C) Are of economic importance to the county where the airport is
located.
(2)(a) Local governments shall amend their comprehensive plan and
land use regulations as required under subsection (1) of this section not
later than the first periodic review, as described in ORS 197.628 to
197.650, conducted after the date of the adoption of a list of airports
by the Oregon Department of Aviation under subsection (3) of this section.
(b) A state agency or other person may provide funding to a local
government to accomplish the planning requirements of this section
earlier than otherwise required under this subsection.
(3) The Oregon Department of Aviation by rule shall adopt a list of
airports described in subsection (1) of this section. The rules shall be
reviewed and updated periodically to add or remove airports from the
list. An airport may be removed from the list only upon request of the
airport owner or upon closure of the airport for a period of more than
three years. [1995 c.285 §4; 1997 c.859 §2]Nothing in ORS 836.608 or 836.616 is intended to
allow the approval or expansion of a land use activity inside the
boundaries of an airport if the activity has been limited or prohibited
by the decision of a court of competent jurisdiction rendered prior to
August 13, 1997. [1997 c.859 §6]Note: See note under 836.608. (1) Following
consultation with the Oregon Department of Aviation, the Land
Conservation and Development Commission shall adopt rules for uses and
activities allowed within the boundaries of airports identified in ORS
836.610 (1) and airports described in ORS 836.608 (2).
(2) Within airport boundaries established pursuant to commission
rules, local government land use regulations shall authorize the
following uses and activities:
(a) Customary and usual aviation-related activities including but
not limited to takeoffs, landings, aircraft hangars, tie-downs,
construction and maintenance of airport facilities, fixed-base operator
facilities and other activities incidental to the normal operation of an
airport;
(b) Emergency medical flight services;
(c) Law enforcement and firefighting activities;
(d) Flight instruction;
(e) Aircraft service, maintenance and training;
(f) Crop dusting and other agricultural activities;
(g) Air passenger and air freight services at levels consistent
with the classification and needs identified in the State Aviation System
Plan;
(h) Aircraft rental;
(i) Aircraft sales and sale of aviation equipment and supplies; and
(j) Aviation recreational and sporting activities.
(3) All land uses and activities permitted within airport
boundaries, other than the uses and activities established under
subsection (2) of this section, shall comply with applicable land use
laws and regulations. A local government may authorize commercial,
industrial and other uses in addition to those listed in subsection (2)
of this section within an airport boundary where such uses are consistent
with applicable provisions of the acknowledged comprehensive plan,
statewide land use planning goals and commission rules and where the uses
do not create a safety hazard or limit approved airport uses.
(4) The provisions of this section do not apply to airports with an
existing or approved control tower on June 5, 1995. [1997 c.859 §5
(enacted in lieu of 836.615)]Following consultation with the Oregon Department of Aviation,
the Land Conservation and Development Commission shall adopt rules
establishing compatibility and safety standards for uses of land near
airports identified in ORS 836.610 (1). [1997 c.859 §8 (enacted in lieu
of 836.620)](1) A local
government may adopt land use compatibility and safety requirements that
are more stringent than the minimum required by Land Conservation and
Development Commission rules for issues other than water impoundments
where such regulations are within its authority. Local government action
regarding new water impoundments shall comply with subsection (2) of this
section. If a local government receives information in a hearing on a
land use application alleging that public safety requires a higher level
of protection than the minimum established in commission rules and if the
information is supported by evidence, the governing body shall consider
the information and adopt findings explaining the bases for any decision
regarding the need for more stringent requirements. Land use requirements
regarding safety and compatibility shall consider the effects of
mitigation measures or conditions that could reduce safety risks and
incompatibility.
(2) The following requirements and conditions shall apply to safety
risks associated with potential bird strike hazards resulting from new
water impoundments proposed in close proximity to an airport identified
under ORS 836.610 (1):
(a) No new water impoundments of one-quarter acre or larger shall
be allowed:
(A) Within an approach corridor and within 5,000 feet from the end
of a runway; or
(B) On land owned by the airport or airport sponsor where the land
is necessary for airport operations;
(b) A local government may adopt regulations that limit the
establishment of new water impoundments of one-quarter acre or larger for
areas outside an approach corridor and within 5,000 feet of a runway only
where the local government adopts findings of fact, supported by
substantial evidence in the whole record, that the impoundments are
likely to result in a significant increase in hazardous movements of
birds feeding, watering or roosting in areas across the runways or
approach corridors. The local government shall consider the effects of
mitigation measures or conditions that could reduce safety risks and
incompatibility;
(c) A local government may adopt regulations that limit the
establishment of new water impoundments of one-quarter acre or larger
between 5,000 feet and 10,000 feet of a runway outside an approach
corridor and between 5,000 feet and 40,000 feet within an approach
corridor for an airport with an instrument approach only where the local
government adopts findings of fact, supported by substantial evidence in
the whole record, that the impoundments are likely to result in a
significant increase in hazardous movements of birds feeding, watering or
roosting in areas across the runways or approach corridors. The local
government shall consider the effects of mitigation measures or
conditions that could reduce safety risks and incompatibility;
(d) If a local government receives information and supporting
evidence in the hearing process that alleges a significant increase in
hazardous movements of birds feeding, watering or roosting in areas
across the runways or approach corridors, the local government shall
consider the information and evidence and adopt findings as required by
paragraphs (b) and (c) of this subsection explaining the bases for any
decision regarding the need to limit the establishment of new water
impoundments of one-quarter acre or larger; and
(e) Notwithstanding the requirements of paragraphs (a) to (c) of
this subsection, wetlands mitigation required for projects located within
the areas identified in paragraphs (a) to (c) of this subsection shall be
authorized where it is not practicable to provide off-site mitigation.
(3) A local government that receives information under subsection
(2)(d) of this section shall forward the information to the Federal
Aviation Administration for review and comment prior to any final action
by the local government to impose a compatibility or safety standard more
stringent than required by rule of the Land Conservation and Development
Commission.
(4) Subsection (2) of this section does not apply to a storm water
management basin established by an airport identified under ORS 836.610
(1) or agricultural water impoundments in which the water is used
directly for growing crops such as cranberries or rice.
(5) Subsection (2)(a) to (c) of this section does not apply to
seaplane landing areas.
(6) As used in this section, “significant” means a level of
increased flight activity by birds across approach corridors and runways
that is more than incidental or occasional, considering the existing
ambient levels of flight activity by birds in the vicinity. [1997 c.859
§9]Note: See note under 836.608.(1) The limitations on uses made of
land in exclusive farm use zones described in ORS 215.213 and 215.283 do
not apply to the provisions of ORS 836.600 to 836.630 regarding airport
uses.
(2) The provisions of this section do not affect the eligibility of
a zone for special assessment under ORS 308A.050 to 308A.128. [1995 c.285
§7; 1997 c.859 §11; 1999 c.314 §77](1) Nothing in ORS 836.600 to 836.625 shall be
interpreted to allow the siting of a new airport except as provided in
ORS chapters 197 and 215 and in conformance with all applicable land use
regulations and ordinances.
(2) The Oregon Department of Aviation shall propose and the Land
Conservation and Development Commission shall adopt rules under ORS
836.616 and 836.619 that are no more restrictive than the commission
determines necessary to effect the policy established in ORS 836.600.
(3) The provisions of ORS 836.600 to 836.630 and any rules
established hereunder shall be liberally construed to further the policy
established in ORS 836.600. [1995 c.285 §8; 1997 c.859 §12]THROUGH THE FENCE OPERATIONS As used in this
section and ORS 836.642:
(1) “Customary and usual aviation-related activity” includes
activities described in ORS 836.616 (2) and includes activities that a
local government may authorize pursuant to ORS 836.616 (3).
(2) “Pilot site” means a rural airport identified to participate in
the pilot program pursuant to ORS 836.642.
(3) “Rural airport” means an airport described in ORS 836.610 (1)
that principally serves a city or standard metropolitan statistical area
with a population of 75,000 or fewer.
(4) “Through the fence operation” means a customary and usual
aviation-related activity that:
(a) Is conducted by a commercial or industrial user of property
within an airport boundary; and
(b) Relies, for business purposes, on the ability to taxi aircraft
directly from the property employed for the commercial or industrial use
to an airport runway. [2005 c.820 §2] (1) The
Oregon Department of Aviation shall establish a pilot program at up to
three rural airports to encourage development of through the fence
operations designed to promote economic development by creating family
wage jobs, by increasing local tax bases and by increasing financial
support for rural airports. To the extent practicable, the airport
sponsor of a pilot site shall use public-private partnerships that
incorporate:
(a) Innovative and creative technologies for increasing airport
usability and safety;
(b) Innovative and creative performance of aviation services to
make the services more competitive and useful for the public;
(c) Development of the pilot site as a setting for customary and
usual aviation-related activities to develop and thrive, in concert with
the goals of the Economic and Community Development Department; and
(d) Shared responsibility for:
(A) Establishing and meeting the fiscal needs of the pilot site;
(B) Maintaining safety of operations; and
(C) Maintaining positive community relations and compatibility with
existing uses.
(2) The pilot program shall operate at:
(a) The Aurora State Airport; and
(b) Not more than two additional rural airports that volunteer to
participate and are selected by the Oregon Department of Aviation with
the concurrence of the county in which each rural airport is located.
(3) The Oregon Department of Aviation, by rule, shall provide
standards and guidelines for through the fence operations that:
(a) Ensure that the operations provide financial support to the
pilot sites in compliance with Federal Aviation Administration
regulations;
(b) Require submission, review, approval and, as appropriate,
revision of a facility site plan for each through the fence operation so
that the real property covered by the site plan can be incorporated into
the airport boundary and coordinated with the other aspects of the
airport master plan;
(c) Ensure that the operations are conducted according to a written
contract between the commercial or industrial user of property within the
airport boundary and the airport sponsor;
(d) Ensure that pilot sites continue to operate in a safe manner
and to fulfill their roles in Oregon’s emergency response system;
(e) Preserve investments in pilot sites and the level of service
provided by pilot sites;
(f) Facilitate orderly management of pilot sites;
(g) Provide equitable and uniform treatment of airport tenants and
users at pilot sites;
(h) Advance economic development through qualified customary and
usual aviation-related activities within the airport boundaries of pilot
sites;
(i) Encourage well-ordered economic development within the airport
boundaries of the pilot sites;
(j) Facilitate and foster good relations with the communities
surrounding the pilot sites;
(k) Enable conformity with approved airport master plans;
(L) Make pilot sites available for public use on reasonable terms;
and
(m) Assist pilot sites in developing financial self-sufficiency
through the use of innovative funding and economic development programs.
(4) The Department of Land Conservation and Development, the county
and a city, if any, within whose jurisdiction a pilot site is located
shall coordinate with the Oregon Department of Aviation to ensure that
the applicable comprehensive plans and land use regulations, including
airport zoning classifications pursuant to ORS 836.600 to 836.630,
facilitate through the fence operations and support the development or
expansion of the pilot site consistent with applicable statewide land use
planning requirements.
(5) The Economic and Community Development Department shall assist
the pilot sites to:
(a) Identify, qualify for and apply for funding from appropriate
grant and loan programs; and
(b) Develop innovative short-term and long-term funding
opportunities.
(6) To the extent practicable, the airport sponsors shall utilize
innovative airport infrastructure and operations funding to support the
pilot sites including, but not limited to:
(a) Airport districts as provided in ORS chapter 838;
(b) Economic development programs administered by the Economic and
Community Development Department;
(c) Tax increment financing to provide funding for airport-related
infrastructure;
(d) United States Department of Agriculture Rural Development
grants or low-interest loans; and
(e) Programs, including funding for short line railroads under ORS
367.067, designed to facilitate development of intermodal transportation
projects. [2005 c.820 §3]Note: Section 4, chapter 820, Oregon Laws 2005, provides:
Sec. 4. (1) The Oregon Department of Aviation shall adopt rules to
establish the pilot program required by section 3 of this 2005 Act
[836.642] within six months after the effective date of this 2005 Act
[January 1, 2006].
(2) The Department of Land Conservation and Development, the county
and a city, if any, within whose jurisdiction a pilot site is located
shall coordinate with the Oregon Department of Aviation to implement the
pilot program and to assist in the development of comprehensive plans and
land use regulations in accordance with ORS 836.610 (1) that ensure that
land use planning requirements facilitate implementation of the pilot
program required by section 3 of this 2005 Act.
(3) Notwithstanding ORS 836.610 (2)(a), a county, in cooperation
with a city within whose jurisdiction a pilot site is located, shall, if
a pilot site is located within the county, amend its comprehensive plan
and land use regulations as required in ORS 836.610 and sections 2 and 3
of this 2005 Act [836.640 and 836.642] within one year after the Oregon
Department of Aviation adopts the rules required by subsection (1) of
this section. [2005 c.820 §4]
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