§261-16  Licensing of airports.  (a) Site approvals.  Except as provided in subsection (d) of this section, thedepartment of transportation may provide for the approval of airport sites andthe issuance of certificates of the approvals.  No charge shall be made for anyapproval.  Upon the promulgation of a rule or regulation providing for suchapprovals, any person desiring or planning to construct or establish an airportmay, before the acquisition of the site or before the construction orestablishment of the proposed airport, make application to the department forapproval of the site.  The department shall with reasonable dispatch issue acertificate granting approval of a site if it is satisfied (1) that the site isadequate for the proposed airport; (2) that the proposed airport, ifconstructed or established, will conform to minimum standards of safety; and(3) that safe air traffic patterns can be worked out for the proposed airportand for all existing airports and approved airport sites in its vicinity.  Anapproval of a site may be granted subject to any reasonable conditions whichthe department may deem necessary to effectuate the purposes of this section,and shall remain in effect, unless sooner revoked by the department, until alicense for an airport located on the approved site has been issued pursuant tosubsection (b) of this section.  The department may, after notice andopportunity for hearing to a holder of a certificate of approval, revoke theapproval when it shall reasonably determine (1) that there has been anabandonment of the site as an airport site, or (2) that there has been afailure within the time prescribed, or if no time was prescribed, within areasonable time, to develop the site as an airport or to comply with the conditionsof the approval, or (3) that because of change of physical or legal conditionsor circumstances the site is no longer usable for the aeronautical purposes forwhich the approval was granted.

(b)  Licenses.  Except as provided insubsection (d), the department may provide for the licensing of airports andthe annual renewal of such licenses.  It may charge license fees not exceeding$100 for each original license, and not exceeding $10 for each renewalthereof.  Upon the promulgation of a rule or regulation providing for thelicensing, the department shall with reasonable dispatch, upon receipt of anapplication for an original license and the payment of the duly required feetherefor, issue an appropriate license if it is satisfied that the airport conformsto minimum standards of safety and that safe air traffic patterns can be workedout for the airport and for all existing airports and approved airport sites inits vicinity.  All licenses shall be renewable annually upon payment of thefees prescribed.  Licenses and renewals thereof may be issued subject to anyreasonable conditions that the department may deem necessary to effectuate thepurposes of this section.  The department may, after notice and opportunity forhearing to the licensee, revoke any license or renewal thereof, or refuse toissue a renewal, when it shall reasonably determine (1) that there has been anabandonment of the airport as such, or (2) that there has been a failure tocomply with the conditions of the license or renewal thereof, or (3) thatbecause of change of physical or legal conditions or circumstances, the airporthas become either unsafe or unusable for the aeronautical purposes for whichthe license or renewal was issued.  It shall be unlawful for any person tooperate an airport without an appropriate license for such, as may be dulyrequired by rule or regulation issued pursuant to this subsection.

(c)  Public hearings.  In connection with thegrant of approval of a proposed airport site or the issuance of an airportlicense under subsections (a) and (b) of this section, the department may, onits own motion or upon the request of an affected or interested person, hold ahearing open to the public, and shall hold a hearing when and as required bysection 261-13.

(d)  Exemptions.  The requirements of thissection as to site approvals and licenses shall not apply to airports owned oroperated by the United States.  The department may, from time to time, to theextent necessary, exempt any other class of airports, pursuant to a reasonableclassification or grouping, from any rule or regulation promulgated under thissection or from any requirement of such a rule or regulation, if it finds thatthe application of the rule, regulation, or requirement would be an undue burdenon such class and is not required in the interest of public safety. [L 1947, c32, pt of §1; RL 1955, §15-22; am L Sp 1959 2d, c 1, §26; HRS §261-16]

 

Case Notes

 

  Cited:  47 H. 495, 497, 393 P.2d 87.