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]