2005 Idaho Code - 21-115 — STATE DESIGNATION OF AIRPORTS

                                  TITLE  21
                                 AERONAUTICS
                                  CHAPTER 1
                          AERONAUTICS ADMINISTRATION
    21-115.  STATE DESIGNATION OF AIRPORTS. (a) Site Approvals and
Designations--Regulations--Issuance of
Certificates--Fees--Standards--Effective Period--Revocation--Existing
Airports. Except as provided in subsection (d)[c] of this section, the
department is authorized to provide for the approval and designation of
airport sites and the issuance of certificates of such approval and
designation. No charge shall be made for any such approval and designation,
and certificates of such an approval and designation shall be issued without
charge to all persons requesting them. Upon the promulgation of a rule or
regulation providing for such approval and designation, any municipality or
person desiring or planning to construct or establish an airport may, prior to
the acquisition of the site or prior to the construction or establishment of
the proposed airport, make application to the department for the approval and
designation of the site. The department shall with reasonable dispatch grant
approval of and designate a site if it is satisfied:
    (1)  That such proposed airport will be open to public use;
    (2)  That site is adequate for the proposed airport;
    (3)  That such proposed airport, if constructed or established, will
conform to minimum standards of safety; and
    (4)  That safe air traffic patterns could be worked out for such proposed
airport and for all existing airports and approved and designated airport
sites in its vicinity.
    An approval and designation of a site may be granted subject to any
reasonable conditions which the department may deem necessary to effectuate
the purposes of this section, and shall remain in effect, unless sooner
revoked by the department and when such airport site is approved and
designated by the department such airport shall be deemed a public use.
    The department may, after notice and opportunity for hearing to holders of
certificates of an approval and designation, revoke such approval and
designation when it shall reasonably determine (1) that there has been an
abandonment of the airport site, or (2) that there has been a failure within
the time prescribed, or if no time was prescribed, within a reasonable time,
to develop the site as an airport or to comply with the conditions of the
approval and designation, or (3) that because of a change of physical or legal
conditions or circumstances the site is no longer usable for the aeronautical
purposes for which the approval and designation was granted, or (4) that such
airport has been closed to public use. No approval shall be required for the
site of any existing airport. It shall be unlawful for any municipality or
person to operate an airport for public use without first obtaining the
approval and designation of such airport as required by this section.
    (b)  Optional Public Hearings. In connection with the grant of approval of
a proposed airport site or the issuance of an airport license under
subsections (a) and (b) of this section, the department may, on its own motion
or upon the request of an affected or interested person, hold a hearing open
to the public as provided in section 21-118.
    (c)  Exemptions. The provisions of this section shall not apply to
airports owned or operated by the United States. The department may, from time
to time, to the extent necessary, exempt any other class of airports, pursuant
to a reasonable classification or grouping, from any rule or regulation,
promulgated under this act 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.