Oregon Chapter 836
Chapter 836 — Airports and Landing FieldsDownload Full 2005 Oregon Revised Statutes (coming soon!)
Download Full 2007 Oregon Revised Statutes (coming soon!)
View 2005 version of these codes
Code Resources
Oregon Resources
Oregon Website
Oregon Governor
Oregon Legislature
Oregon Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
Chapter 836 —
Airports and Landing Fields
2007 EDITION
AIRPORTS AND LANDING FIELDS
AVIATION
GENERAL PROVISIONS
836.005 Definitions
STATE ASSISTANCE
836.010 Availability
of services of department
836.015 Financial
assistance by director
836.020 Department
as municipal agent
836.025 Establishment
of airports and air navigation facilities by department
836.030 Disposal
of property
836.035 Effect
of statute on airport zoning
836.040 Joint
exercise of power
836.045 Condemnation
by department
836.050 Condemnation
of railroad or public utility property
836.055 Commercial
concessions at state airports
836.060 Operation
of state airports by private persons
836.065 Liens
of state for repairs, improvements or services to personal property
836.070 Use
of federal and other moneys
836.072 Use
of moneys from increase in taxes; rules
836.075 State
airway system
836.080 Exemptions
from ORS 836.085 to 836.120
836.085 Approval
of airport sites; fee
836.090 Application
for site approval; rules
836.095 Approval
criteria and conditions
836.100 Revocation
of approval
836.105 Licensing
of airports; fees; rules
836.110 Revocation
of license; refusal of renewal
836.115 Public
hearing regarding site or license; transcripts
836.120 Unlicensed
airport operation prohibited
MUNICIPAL AIRPORTS
836.200 Authority
to establish airports
836.205 Acquisition
of lands declared to be for public purpose
836.210 Delegation
of authority to develop and maintain airports; regulations for charges, fees
and tolls
836.215 Municipal
acquisition of property for airports
836.220 Source
of airport funds
836.230 Use
of funds from operation
836.240 Authorization
to budget and levy taxes
836.245 Authority
as supplemental
836.250 Acquisition
by municipality of real property contiguous to airport; subsequent use or
disposition; financing acquisition or use
MISCELLANEOUS
836.340 Procedure
for relocation of public utility property
836.410 Permanent
closure of public use airport; rules
836.500 Marks
and lights on structures or obstructions; acquisition of right or easement
836.505 Designation
of landing places on public lands; rules governing user
836.510 Use
of certain ocean beaches as landing fields
836.515 Petition
to set aside shore as landing field
836.520 Action
on petition; order setting aside area for landing field; user permits;
revocation of order or permit
836.525 Enforcement
of ORS 836.510 and 836.520
836.530 Rules
and standards; orders; appeals
LOCAL GOVERNMENT AIRPORT REGULATION
836.600 Policy
836.605 Definitions
for ORS 836.600 to 836.630
836.608 Airport
operation as matter of state concern; local planning documents to recognize
airport location; limitations on use; expansion of facility
836.610 Local
government land use plans and regulations to accommodate airport zones and
uses; funding; rules
836.612 Approval
or expansion of land use activities subject to prior court decisions
836.616 Rules
for airport uses and activities
836.619 State
compatibility and safety standards for land uses near airports; rules
836.623 Local
compatibility and safety requirements more stringent than state requirements;
criteria; water impoundments; report to federal agency; application to certain
activities
836.625 Application
to airport uses of land use limitations in farm use zones; effect on tax
assessment
836.630 Siting
of new airports to comply with land use laws; limitation on rules
THROUGH THE FENCE OPERATIONS
836.640 Definitions
for ORS 836.640 and 836.642
836.642 Program
for through the fence operations; rules
GENERAL PROVISIONS
836.005
Definitions. 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
STATE
ASSISTANCE
836.010
Availability of services of department. 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]
836.015
Financial assistance by director. 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]
836.020
Department as municipal agent.
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]
836.025
Establishment of airports and air navigation facilities by department. (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]
836.030
Disposal of property. 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]
836.035
Effect 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 or authority of the state or a municipality to
regulate airport hazards by zoning. [Formerly 492.070]
836.040
Joint exercise of power. 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
836.045
Condemnation by department.
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]
836.050
Condemnation of railroad or public utility property. (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]
836.055
Commercial concessions at state airports. (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]
836.060
Operation of state airports by private persons. (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]
836.065
Liens of state for repairs, improvements or services to personal property. 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]
836.070
Use of federal and other moneys. 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]
836.072
Use of moneys from increase in taxes; rules. (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.
836.075
State airway system. 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]
836.080
Exemptions from ORS 836.085 to 836.120. (1) The provisions of ORS 836.085 to 836.120 do not apply to airports
owned or operated by the
(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]
836.085
Approval of airport sites; fee.
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]
836.090
Application for site approval; rules. 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]
836.095
Approval criteria and conditions. (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]
836.100
Revocation of approval. 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]
836.105
Licensing of airports; fees; rules. 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]
836.110
Revocation of license; refusal of renewal. 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]
836.115
Public hearing regarding site or license; transcripts. 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]
836.120
Unlicensed airport operation prohibited. 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
836.200
Authority to establish 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]
836.205
Acquisition of lands declared to be for public purpose. 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]
836.210
Delegation of authority to develop and maintain airports; regulations for
charges, fees and tolls.
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]
836.215
Municipal acquisition of property for airports. 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]
836.220
Source of airport funds. 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]
836.230
Use of funds from operation.
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]
836.240
Authorization to budget and levy taxes. 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]
836.245
Authority as supplemental.
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]
836.250
Acquisition by municipality of real property contiguous to airport; subsequent
use or disposition; financing acquisition or use. (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
(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]
836.300 [Formerly 492.520; 1995 c.285 §10; repealed
by 1997 c.859 §14]
836.305 [Formerly 492.530; 1995 c.285 §11; repealed
by 1997 c.859 §14]
836.310 [Formerly 492.540; repealed by 1997 c.859 §14]
836.315 [Formerly 492.550; repealed by 1997 c.859 §14]
836.320 [Formerly 492.560; repealed by 1997 c.859 §14]
836.325 [Formerly 492.570; repealed by 1997 c.859 §14]
836.330 [Formerly 492.580; repealed by 1997 c.859 §14]
836.335 [Formerly 492.590; repealed by 1997 c.859 §14]
MISCELLANEOUS
836.340
Procedure for relocation of public utility property. (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]
836.345 [Formerly 492.610; repealed by 1997 c.859 §14]
836.350 [Formerly 492.629; repealed by 1997 c.859 §14]
836.355 [Formerly 492.630; repealed by 1997 c.859 §14]
836.360 [Formerly 492.640; repealed by 1997 c.859 §14]
836.365 [Formerly 492.650; repealed by 1997 c.859 §14]
836.370 [Formerly 492.660; repealed by 1997 c.859 §14]
836.375 [Formerly 492.670; repealed by 1997 c.859 §14]
836.380 [Formerly 492.680; repealed by 1997 c.859 §14]
836.385 [Formerly 492.690; repealed by 1997 c.859 §14]
836.390 [Formerly 492.700; repealed by 1997 c.859 §14]
836.395 [Formerly 492.710; repealed by 1997 c.859 §14]
836.400 [Formerly 492.510; repealed by 1997 c.859 §14]
836.410
Permanent closure of public use airport; rules. At least 180 days before permanent
closure of a public use airport, as defined by the Oregon Department of
Aviation by rule, a person responsible for the operation of the airport shall
notify the department of the planned closure. [2007 c.317 §1]
Note: 836.410 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.
836.500
Marks and lights on structures or obstructions; acquisition of right or
easement. 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]
836.505
Designation of landing places on public lands; rules governing user. (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]
836.510
Use of certain ocean beaches as landing fields. 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]
836.515
Petition to set aside shore as landing field. Any person, municipality or municipal corporation desiring to use for
a landing field for aircraft any part of the
836.520
Action on petition; order setting aside area for landing field; user permits;
revocation of order or permit.
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]
836.525
Enforcement of ORS 836.510 and 836.520. 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]
836.530
Rules and standards; orders; appeals. (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
836.600
Policy. 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