Mont. Code Ann. § 67-7-302 — MT Code / Title 67 / Chapter 7 / Part 3 / Section 67-7-302
67-7-302 Appeals
Status: in_force

67-7-302 . Appeals. (1) The governing body that designated the airport affected area shall act as an airport appeals board or appoint an airport appeals board that functions in the same manner as a board of adjustment provided for in Title 76, chapter 2. If the governing body appoints an airport appeals board, the board must have at least three members.

(2) The provisions of 76-2-223 and 76-2-225 through 76-2-228 apply to the governing body of a county or an airport appeals board appointed by that governing body and the provisions of 76-2-323 and 76-2-325 through 76-2-328 apply to the governing body of a municipality or an airport appeals board appointed by that governing body when considering grievances relating to regulations, variances, or permits.

(3) If a governing body has appointed a board of adjustment under the provisions of 76-2-221 through 76-2-228 or 76-2-321 through 76-2-328 , the governing body may designate the members of that board as the airport appeals board, in which case the terms of the members for the purposes of this chapter are concurrent with their terms as members of the board of adjustment.
Mont. Code Ann. § 67-3-105 — MT Code / Title 67 / Chapter 3 / Part 1 / Section 67-3-105
67-3-105 Inspection powers
Status: in_force

67-3-105 . Inspection powers. A person charged with the duty of enforcing this title may inspect and examine at reasonable hours any premises, buildings, or other structures where airports, restricted landing areas, air schools, flying clubs, or other air navigation facilities or aeronautical activities are operated or carried on.
Mont. Code Ann. § 67-10-206 — MT Code / Title 67 / Chapter 10 / Part 2 / Section 67-10-206
67-10-206 Joint fund
Status: in_force

67-10-206 . Joint fund. For the purpose of providing a joint board with moneys for the necessary expenditures in carrying out the provisions of 67-10-204 and 67-10-205 , a joint fund shall be created and maintained into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. Each of the constituent public agencies shall provide its share of the fund from sources available to each. Any federal, state, or other contributions or loans and the revenues obtained from the joint ownership, control, and operation of any airport or air navigation facility under the jurisdiction of the joint board shall be paid into the joint fund. Disbursements from such fund shall be made by order of the board, subject to the limitations prescribed in 67-10-205 (2).
Mont. Code Ann. § 67-11-222 — MT Code / Title 67 / Chapter 11 / Part 2 / Section 67-11-222
67-11-222 Department control of airport operation and income
Status: in_force

67-11-222 . Department control of airport operation and income. The department may control the operation of airports constructed under the provisions of 67-11-221 and may provide for the imposition of landing fees, granting of fuel and service concessions, or the lease of portions of the premises for other related airport services or for purposes not inconsistent with the use of the premises for airport purposes. All income from the operation of such airports shall be deposited in the state treasury in the airport operating account within the enterprise fund. All expenditures from the account shall be within the limits of legislative appropriations and shall be made upon vouchers signed and approved by the director of the department.
Mont. Code Ann. § 67-7-211 — MT Code / Title 67 / Chapter 7 / Part 2 / Section 67-7-211
67-7-211 Regulations relative to zoning ordinances
Status: in_force

67-7-211 . Regulations relative to zoning ordinances. (1) Subject to the provisions of subsections (2) and (3), if a governing body has adopted a zoning ordinance or resolution, any regulations adopted under this chapter may be made a part of the zoning ordinance or resolution and may be administered and enforced in connection with it.

(2) The zoning ordinance or resolution may not limit the effectiveness or scope of the regulations adopted pursuant to this chapter.

(3) When a conflict exists between the regulations adopted pursuant to this chapter and any zoning ordinances or resolutions applicable to the same area that the regulations are intended to govern, the more stringent limitation or requirement prevails.
Mont. Code Ann. § 67-10-221 — MT Code / Title 67 / Chapter 10 / Part 2 / Section 67-10-221
67-10-221 Airport property -- acquisition by eminent domain
Status: in_force

67-10-221 . Airport property -- acquisition by eminent domain. In the acquisition of property by eminent domain proceedings authorized by this chapter, the municipality shall proceed as provided in Title 70, chapter 30. The municipality is not precluded from abandoning the proceedings in any case in which possession of the property has not been taken.
Mont. Code Ann. § 67-1-211 — MT Code / Title 67 / Chapter 1 / Part 2 / Section 67-1-211
67-1-211 Alcohol concentration standards -- evidence admissible -- administration of tests
Status: in_force

67-1-211 . Alcohol concentration standards -- evidence admissible -- administration of tests. (1) If a person acting or attempting to act as a crewmember of an aircraft has an alcohol concentration, as defined in 61-8-1001 , of 0.04% by weight or more, it may be inferred that the person is under the influence of alcohol and is in violation of 67-1-204 .

(2) Evidence of any measured amount or detected presence of alcohol in the person at the time of the act alleged under subsection (1) and any other competent evidence bearing on the question of whether the person was under the influence of alcohol, drugs, or a combination of the two at the time of the act alleged is admissible in any criminal action or proceeding arising out of acts alleged to have been committed in violation of 67-1-204 .

(3) In any criminal action or proceeding arising out of acts alleged to have been committed in violation of 67-1-204 , the court or jury may consider federal regulations governing aeronautics.

(4) A person who operates an aircraft over the lands and waters of this state is considered to have given consent to a test of the person's blood, breath, oral fluid, or urine for the purpose of determining any measured amount or detected presence of alcohol or drugs in the person's body if arrested by a peace officer for operating, attempting to operate, or being in actual physical control of an aircraft while under the influence of alcohol, drugs, or a combination of the two. The test must be administered at the direction of a peace officer who has reasonable grounds to believe the person was operating, attempting to operate, or in actual physical control of an aircraft while under the influence of alcohol, drugs, or a combination of the two. The arresting officer may designate which of the tests must be administered. A person who is unconscious or who is otherwise in a condition rendering the person incapable of refusal is considered not to have withdrawn the consent provided by this subsection.

(5) If a person charged with a violation of 67-1-204 refuses to submit to a test of the person's blood, breath, oral fluid, or urine for the purpose of determining any measured amount or detected presence of alcohol in the person's body, a test will not be given, but proof of refusal is admissible in any criminal action or proceeding arising out of acts alleged to have been committed in violation of 67-1-204 .

(6) The provisions relating to administration of tests provided in 61-8-1019 and the definition of alcohol concentration provided in 61-8-1001 apply to any testing done to determine any measured amount or detected presence of alcohol in a person and the alcohol concentration of a person charged with violation of 67-1-204 .
Mont. Code Ann. § 67-11-204 — MT Code / Title 67 / Chapter 11 / Part 2 / Section 67-11-204
67-11-204 Joint board
Status: in_force

67-11-204 . Joint board. (1) Public agencies acting jointly pursuant to 67-11-203 through 67-11-205 shall create a joint board that must consist of members appointed by the governing body of each participating public agency. The number of members to be appointed and their terms and compensation, if any, must be provided for in the joint agreement. A joint board shall organize, select officers for terms that are fixed by the agreement, and adopt and amend from time to time rules for its own procedure. The joint board, as agent of the participating public agencies, may plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police any airport or air navigation facility or airport hazard to be jointly acquired, controlled, and operated. Subject to subsection (2), the board may be authorized by the participating public agencies to exercise on behalf of its constituent public agencies all the powers of each public agency with respect to the airport, air navigation facility, or airport hazard.

(2) (a) The total expenditures to be made by the joint board for any purpose in a calendar year must be as determined by a budget approved by the constituent public agencies on or before the preceding June 10 or as otherwise specifically authorized by the constituent public agencies.

(b) An airport, air navigation facility, airport hazard, or real or personal property, the cost of which is in excess of sums fixed by the joint agreement or allotted in the annual budget, may not be acquired, established, or developed by the joint board without the approval of the governing bodies of its constituent public agencies.

(c) Eminent domain proceedings under 67-11-203 through 67-11-205 and Title 70, chapter 30, may be instituted by the joint board only by authority of the governing bodies of the constituent public agencies of the joint board. If authorized, the proceedings must be instituted in the names of the constituent public agencies jointly, and the property acquired must be held by the public agencies as tenants in common.

(d) The joint board may not dispose of any airport, air navigation facility, or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies. However, the joint board may, without consent, enter into contracts, leases, or other arrangements contemplated by 67-11-211 .

(e) Resolutions, rules, or orders of the joint board that deal with subjects authorized by 67-11-211 become effective only upon approval of the governing bodies of the constituent public agencies. However, upon approval, the resolutions, rules, or orders of the joint board have the same force in the territories or jurisdictions involved that the ordinances, resolutions, rules, or orders of each public agency would have in its own territory or jurisdiction.
Mont. Code Ann. § 67-10-231 — MT Code / Title 67 / Chapter 10 / Part 2 / Section 67-10-231
67-10-231 No limitation on airport hazard zoning
Status: in_force

67-10-231 . No limitation on airport hazard zoning. Nothing contained in this chapter limits any right, power, or authority of a municipality to regulate airport hazards by zoning or by establishing airport affected area regulations as provided in Title 67, chapter 7.
Mont. Code Ann. § 67-7-102 — MT Code / Title 67 / Chapter 7 / Part 1 / Section 67-7-102
67-7-102 Legislative finding and purpose
Status: in_force

67-7-102 . Legislative finding and purpose. The legislature finds that tall trees and structures and certain types of development located in the vicinity of airports endanger the lives and property of users of the airport and of occupants of land in its vicinity. The legislature also finds that the location of tall trees and structures and certain types of development near airports reduces the area available for landing, taking off, and maneuvering aircraft and increases the likelihood of legal action against a local government for noise nuisance, thus destroying the utility of the airports and the public investment in them. It is the purpose of this chapter to promote the public health, safety, and general welfare by the delineation of an airport affected area and by the development of compatible noise, height, and land use regulations to control airport hazards. The prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and in which political subdivisions may acquire land or property interests.
Mont. Code Ann. § 67-1-101 — MT Code / Title 67 / Chapter 1 / Part 1 / Section 67-1-101
67-1-101 Definitions
Status: in_force

67-1-101 . Definitions. Unless the context requires otherwise, in this title, the following definitions apply:

(1) "Aeronautics" means transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities; and air instruction.

(2) (a) "Aeronautics instructor" means an individual engaged in giving instruction or offering to give instruction in aeronautics, either in flying or ground subjects, or both, for hire or reward, without advertising that occupation, without calling the facilities an "air school" or anything equivalent to an "air school", and without employing or using other instructors.

(b) The term does not include an instructor in a public school or university of this state or an institution of higher learning accredited and approved for carrying on collegiate work while engaged in duties as an instructor.

(3) "Air carrier" means a person or corporation owning, controlling, operating, or managing aircraft as a scheduled common carrier of passengers or freight for compensation within this state.

(4) "Aircraft" means a contrivance used or designed for navigation of or flight in the air.

(5) "Aircrew" includes:

(a) an individual who engages, as the person in command or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way;

(b) an individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances except for an individual employed outside the United States, an individual employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection with them, and an individual performing inspection or mechanical duties in connection with aircraft owned or operated by the individual; and

(c) an individual who serves in the capacity of aircraft dispatcher or air traffic control tower operator.

(6) "Air instruction" means the imparting of aeronautical information by an aeronautics instructor or in or by an air school or flying club.

(7) "Air navigation" means the operation or navigation of aircraft in the air space over this state or upon an airport or restricted landing area within this state.

(8) "Air navigation facility" means a facility used in, available for use in, or designed for use in aid of air navigation, including airports, restricted landing areas, and structures, mechanisms, lights, beacons, marks, communicating systems, 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 or restricted area and any combination of these facilities.

(9) "Airport" means an area of land or water that is intended or designed for the landing and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities and all appurtenant rights-of-way.

(10) "Airport authority" or "authority" means a regional airport authority or municipal airport authority created under chapter 11 and the governing body of a municipality that has determined to exercise the powers of a municipal airport authority under 67-11-102 .

(11) "Airport hazard" means a structure, object of natural growth, or use of land that obstructs the air space required for the flight of aircraft in landing or taking off at an airport or restricted landing area or is otherwise hazardous to landing or taking off.

(12) "Airport protection privileges" means easements through or other interests in air space over land or water, interests in airport hazards outside the boundaries of airports or restricted landing areas, and other protection privileges, the acquisition or control of which is necessary to ensure safe approaches to the landing areas of airports and restricted landing areas and the safe and efficient operation of airports or restricted landing areas.

(13) (a) "Air school" means a person engaged in giving or offering to give instruction in aeronautics, either in flying or ground subjects, or both, for or without hire or reward, and advertising or representing to the public that the person gives or offers to give that instruction.

(b) The term does not include a public school or university of this state or an institution of higher learning accredited and approved for carrying on collegiate work.

(14) "Board" means the board of aeronautics provided for in 2-15-2506 .

(15) "Bonds" means bonds, notes, interim certificates, debentures, or similar obligations issued by an authority under chapter 11.

(16) "Building or structure" means any edifice, structure, or construction of any kind, character, or description and any object of natural growth erected, constructed, grown, located or proposed to be erected, constructed, grown, or located within the airport affected area designated pursuant to 67-7-201 , including any edifice, structure, or construction or object within the restricted zones erected, constructed, placed, or located on or over land or water, or both.

(17) "Civil aircraft" means an aircraft other than a public aircraft.

(18) "Commercial air operator" means any person owning, controlling, operating, or managing aircraft for any commercial purpose for compensation.

(19) "Department" means the department of transportation provided for in Title 2, chapter 15, part 25.

(20) "Flying club" means a person other than an individual that, neither for profit nor reward, owns, leases, or uses one or more aircraft for the purpose of instruction or pleasure, or both.

(21) "Governing body" means, except as provided in 67-7-103 , a city commission, town council, or county commission and the boards, departments, and divisions of those entities, by whatever name they are known, that have charge of finances and management of a municipality or a county.

(22) "Height of buildings and structures" means, for the purposes of Title 67, chapter 7, the vertical distance measured from the ground or surface level of the airport on the side adjacent to the building or structure to the level of the highest point of the building or structure.

(23) "Municipal airport authority" or "municipal authority" means a municipal airport authority created under 67-11-102 .

(24) "Municipality" means a county, city, village, or town of this state and any other political subdivision, public corporation, authority, or district in this state authorized by law to acquire, establish, construct, maintain, improve, and operate airports and other air navigation facilities.

(25) "Navigable air space" means air space above the minimum altitudes of flight prescribed by the laws of this state or by regulations of the department.

(26) "NPIAS airport" means an airport that is included in the federal aviation administration's national plan of integrated airport systems.

(27) "Operation of aircraft" or "operate aircraft" means the use of aircraft for the purpose of air navigation and includes the navigation or piloting of aircraft. A person who causes or authorizes the operation of aircraft, whether with or without the right of legal control, in the capacity of owner, lessee, or otherwise, of the aircraft, operates the aircraft.

(28) "Person" means an individual, firm, partnership, private, municipal, or public corporation, company, association, joint-stock association, or body politic and includes a trustee, receiver, assignee, or other similar representative.

(29) "Political subdivision" has the same meaning as municipality.

(30) "Public aircraft" means an aircraft used exclusively in the service of any government or of a political subdivision of a government, including the government of a state, territory, or possession of the United States, or the District of Columbia, but not including a government-owned aircraft engaged in carrying persons or property for commercial purposes.

(31) "Real property" means lands, structures, buildings, and interests in land, including lands under water and riparian rights, and all things and rights usually included within the term real property, including not only fee simple absolute but also all lesser interests, such as easements, rights-of-way, uses, leases, licenses, and all other incorporeal hereditaments and every estate, interest, or right, legal or equitable, pertaining to real property.

(32) "Regional airport authority" or "regional authority" means a regional airport authority created under 67-11-103 .

(33) "Restricted landing area" means an area of land or water, or both, that is used or is made available for the landing and takeoff of aircraft, the use of which must, except in case of emergency, be only as provided by the department.

(34) "State airway" means a route in the navigable air space over and above the lands or waters of this state, designated by the department as a route suitable for air navigation.

(35) "Structure" means any object constructed or installed by a person, including but not limited to buildings, towers, smokestacks, and overhead transmission lines.

(36) "Tree" means any object of natural growth.

(37) "YDNL" means the 365-day average, in decibels, day-night average sound level as provided in 14 CFR 150.7.
Mont. Code Ann. § 67-11-231 — MT Code / Title 67 / Chapter 11 / Part 2 / Section 67-11-231
67-11-231 Airport property -- acquisition by eminent domain
Status: in_force

67-11-231 . Airport property -- acquisition by eminent domain. In the acquisition of property by eminent domain proceedings authorized by this chapter, an airport authority shall proceed as provided in Title 70, chapter 30. The municipality is not precluded from abandoning the proceedings in any case in which possession of the property has not been taken.
Mont. Code Ann. § 67-3-104 — MT Code / Title 67 / Chapter 3 / Part 1 / Section 67-3-104
67-3-104 Department orders
Status: in_force

67-3-104 . Department orders. (1) The department shall set forth its reasons for its action and shall state the requirements to be met before approval will be given, registration permitted, license granted, or order modified or changed before it:

(a) refuses to permit the registration of a license, certificate, or permit;

(b) refuses to grant a license to an air school or to an aeronautics instructor in ground subjects; or

(c) issues an order requiring certain things to be done or revoking a license or certificate.

(2) An order made by the department under this title shall be served upon the interested persons by registered or certified mail or in person.

(3) (a) A person aggrieved by an order of the department or by the granting or denial of a license, certificate, or registration may, within 10 days after receiving notice of the department's order or action, appeal from the order or action to the district court of the county in which the person resides or the county in which any property affected by the order or action is located.

(b) The appellant shall file with the clerk of the district court to which the appeal is taken a notice of appeal which shall state the substance of the order or action appealed from, the date of the order or action, and that the person appeals to the court from it.

(c) The appellant shall serve a copy of the notice of appeal upon the department. The order of filing and service is immaterial.

(d) The appeal shall be heard not less than 10 days or more than 30 days after the filing of the notice of appeal unless the judge, for sufficient cause resulting from press of business or other reason, is unable to hear the appeal within that time. In that event, the hearing may be deferred until it can be heard by the court. The appeal may be heard without formal pleadings.
Mont. Code Ann. § 67-3-204 — MT Code / Title 67 / Chapter 3 / Part 2 / Section 67-3-204
67-3-204 Fee in lieu of tax on registered aircraft -- decal
Status: in_force

67-3-204 . Fee in lieu of tax on registered aircraft -- decal. (1) Except as provided in subsection (3), aircraft required to be registered in Montana are subject to a fee. The registration fee is in lieu of property tax.

(2) The department shall issue a decal to the owner of the aircraft required to be registered at the time of payment of the registration fee in lieu of tax, as provided in 67-3-201 . No aircraft subject to a fee in lieu of tax may be operated in this state unless there is displayed on the aircraft a decal as visual proof that the fee in lieu of tax has been paid for the aircraft and that the aircraft is registered for the current year.

(3) Aircraft that meet the description of property described in 15-6-145 are exempt from the fee imposed by subsection (1). Aircraft subject to the fee in lieu of tax are exempt from all other taxation.
Mont. Code Ann. § 67-11-241 — MT Code / Title 67 / Chapter 11 / Part 2 / Section 67-11-241
67-11-241 No limitation on airport hazard zoning
Status: in_force

67-11-241 . No limitation on airport hazard zoning. Nothing contained in this chapter limits any right, power, or authority of a municipality to regulate airport hazards by zoning or by establishing airport affected area regulations as provided in Title 67, chapter 7.
Mont. Code Ann. § 67-2-105 — MT Code / Title 67 / Chapter 2 / Part 1 / Section 67-2-105
67-2-105 Air search and rescue volunteers -- expenses -- workers' compensation coverage
Status: in_force

67-2-105 . Air search and rescue volunteers -- expenses -- workers' compensation coverage. (1) The department may temporarily employ an aircrew member or other person who volunteers to aid in the aerial search for a missing aircraft being conducted by the department.

(2) The department and volunteer stand in the relationship of employer and employee for purposes of and as those terms are defined in Title 39, chapter 71. The department must have each volunteer covered by the Workers' Compensation Act in Title 39, chapter 71, during the course of the volunteer's assistance.

(3) Volunteers are not salaried employees and are not entitled to wages and benefits. The department may in its discretion reimburse volunteers for their otherwise uncompensated out-of-pocket expenses, including but not limited to their expenditures for fuel, oil, food, and lodging.
Mont. Code Ann. § 67-7-209 — MT Code / Title 67 / Chapter 7 / Part 2 / Section 67-7-209
67-7-209 Prior nonconforming uses
Status: in_force

67-7-209 . Prior nonconforming uses. (1) All regulations adopted under this chapter must be reasonable and may not require the removal or alteration of any structure or tree or require cessation or alteration of a use that is lawfully in existence when the regulations become effective. Those structures, trees, or uses must be treated as prior nonconforming structures, trees, or uses that may remain or continue, but regulations may prohibit their expansion or their reconstruction or replacement following destruction or substantial damage. For the purposes of this section, "substantial damage" has occurred when 80% or more of a structure or tree is deteriorated or decayed or has been torn down or destroyed.

(2) The regulations may require that trees in place at the time that the regulations take effect be maintained by the political subdivision, at its expense, at heights attained at that time.

(3) The regulations may require the owner of structures or trees to permit the political subdivision, at its expense, to install, operate, and maintain the lights and markers necessary to warn pilots of the presence of an airport hazard.

(4) Land in existing residential subdivisions or platted for residential subdivision at the time that regulations are adopted may continue to be used for residential purposes, subject to notification provided to property owners that the lots are within an adopted airport affected area.
Mont. Code Ann. § 67-10-204 — MT Code / Title 67 / Chapter 10 / Part 2 / Section 67-10-204
67-10-204 Joint exercise of powers
Status: in_force

67-10-204 . Joint exercise of powers. (1) For the purposes of 67-10-204 through 67-10-206 , unless otherwise qualified, the term "public agency" includes municipality, as defined in this title; any agency of the state government and of the United States; and any municipality, political subdivision, and agency of another state; and the term "governing body" means the governing body of a county or municipality and the head of the agency if the public agency is other than a county or municipality.

(2) All powers, privileges, and authority granted to any municipality by this chapter may be exercised and enjoyed jointly with any public agency of this state and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise or enjoyment. If not otherwise authorized by law, any agency of the state government when acting jointly with any municipality may exercise and enjoy all of the powers, privileges, and authority conferred by this chapter upon a municipality.

(3) Any two or more public agencies may enter into agreements with each other for joint action pursuant to the provisions of 67-10-204 through 67-10-206 . Concurrent action by ordinance, resolution, or otherwise of the governing bodies of the participating public agencies constitutes joint action. Each such agreement shall specify its duration; the proportionate interest which each public agency has in the property, facilities, and privileges involved; the proportion to be borne by each public agency of preliminary costs and costs of acquisition, establishment, construction, enlargement, improvement, and equipment of the airport or air navigation facility; the proportion of the expenses of maintenance, operation, regulation, and protection thereof to be borne by each; and such other terms as are required by the provisions of 67-10-204 through 67-10-206 . The agreement may also provide for amendments thereof and conditions and methods of termination of the agreement; the disposal of all or any of the property, facilities, and privileges jointly owned, prior to or upon said property, facilities, and privileges, or any part thereof, ceasing to be used for the purposes provided in this chapter or upon termination of the agreement; the distribution of the proceeds received upon any such disposal and of any funds or other property jointly owned and undisposed of; the assumption or payment of any indebtedness arising from the joint venture which remains unpaid upon the disposal of all assets or upon a termination of the agreement; and such other provisions as may be necessary or convenient.
Mont. Code Ann. § 67-10-401 — MT Code / Title 67 / Chapter 10 / Part 4 / Section 67-10-401
67-10-401 Appropriations -- taxation
Status: in_force

67-10-401 . Appropriations -- taxation. The governing body of any municipality having power to appropriate and raise money is authorized to appropriate, and to raise by taxation or otherwise, sufficient money to carry out the provisions and purposes of this chapter, within the limitations prescribed by law.
Mont. Code Ann. § 67-7-301 — MT Code / Title 67 / Chapter 7 / Part 3 / Section 67-7-301
67-7-301 Enforcement
Status: in_force

67-7-301 . Enforcement. The governing body or its designated agent or agency is responsible for enforcing the regulations adopted pursuant to this chapter. The regulations must provide for an enforcement officer and an appeal process from the decision of the enforcement officer, who may be an existing employee of the local government.
Mont. Code Ann. § 67-2-502 — MT Code / Title 67 / Chapter 2 / Part 5 / Section 67-2-502
67-2-502 Investigations and hearings
Status: in_force

67-2-502 . Investigations and hearings. The department may hold investigations, inquiries, and hearings concerning matters covered by this title, by its orders and rules, and concerning accidents in aeronautics within this state. An officer or employee of the department designated to hold an investigation or hearing may administer oaths and affirmations; certify official acts; issue subpoenas; and compel the attendance and testimony of witnesses and the production of papers, books, and documents. In case of failure to comply with a subpoena or order issued under this title, the department may invoke the aid of a state court of general jurisdiction. The court may then order the witness to comply with the requirements of the subpoena or order or to give evidence pertaining to the matter in question. A failure to obey the order of the court may be punished as a contempt.
Mont. Code Ann. § 67-11-102 — MT Code / Title 67 / Chapter 11 / Part 1 / Section 67-11-102
67-11-102 Municipal airport authority
Status: in_force

67-11-102 . Municipal airport authority. Any municipality may, by resolution of its governing body, create a public body, corporate and politic, to be known as a municipal airport authority which shall be authorized to exercise its functions upon the appointment and qualification of the first commissioners thereof; or the governing body may by resolution determine to exercise any or all powers granted to such authorities in this chapter until or unless such powers are or have been conferred upon a municipal or regional airport authority. Upon the adoption of a resolution creating a municipal airport authority, the governing body of the municipality shall, pursuant to the resolution, appoint not less than five persons as commissioners of the authority. The commissioners who are first appointed shall be designated to serve for terms of 1, 2, 3, 4, and 5 years, respectively, but thereafter each commissioner shall be appointed for a term of 5 years, except that vacancies occurring otherwise than by expiration of the term shall be filled for the unexpired term by the governing body.
Mont. Code Ann. § 67-2-501 — MT Code / Title 67 / Chapter 2 / Part 5 / Section 67-2-501
67-2-501 Enforcement
Status: in_force

67-2-501 . Enforcement. The department and every state, county, and municipal officer charged with the enforcement of state or municipal laws shall enforce and assist in the enforcement of this title and of all rules adopted under it and of all other laws of this state relating to aeronautics. In the aid of that enforcement, the department possesses general police powers. The department may also, in the name of the state, enforce this title and the rules adopted under it by injunction in the courts of this state.
Mont. Code Ann. § 67-11-211 — MT Code / Title 67 / Chapter 11 / Part 2 / Section 67-11-211
67-11-211 Granting of operation and use privileges
Status: in_force

67-11-211 . Granting of operation and use privileges. (1) In connection with the operation of an airport or air navigation facility owned or controlled by an authority, the authority may enter into contracts, leases, and other arrangements for terms not to exceed 50 years with any persons:

(a) granting the privilege of using or improving the airport or air navigation facility or any portion or facility of or space in the airport or air navigation facility for commercial purposes;

(b) conferring the privilege of supplying goods, commodities, things, services, or facilities at the airport or air navigation facility; and

(c) making available services to be furnished by the authority or its agents at the airport or air navigation facility.

(2) In each case, the authority may establish the terms and conditions and fix the charges, rentals, or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service; provided that the public may not be deprived of its rightful, equal, and uniform use of the airport, air navigation facility, or portion or facility of the airport or air navigation facility.

(3) Except as may be limited by the terms and conditions of any grant, loan, or agreement authorized by 67-11-305 , an authority may by contract, lease, or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed 50 years the privilege of operating, as agent of the authority or otherwise, any airport owned or controlled by the authority; provided that a person may not be granted any authority to operate an 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 authority might not have undertaken under subsections (1) and (2).
Mont. Code Ann. § 67-10-207 — MT Code / Title 67 / Chapter 10 / Part 2 / Section 67-10-207
67-10-207 Supplementary powers
Status: in_force

67-10-207 . Supplementary powers. In addition to the general and special powers conferred by this chapter, every municipality is authorized to exercise powers necessarily incidental to the exercise of such general and special powers.
Mont. Code Ann. § 67-10-404 — MT Code / Title 67 / Chapter 10 / Part 4 / Section 67-10-404
67-10-404 Airport revenues and sale proceeds
Status: in_force

67-10-404 . Airport revenues and sale proceeds. The revenues obtained by a municipality from the ownership, control, or operation of any airport or air navigation facility, including proceeds from the sale of any airport or portion thereof or air navigation facility property, must be deposited in a special fund to be designated the "_______ airport fund", which revenues must be appropriated solely to, and used by the municipality for the purposes authorized by this chapter.
Mont. Code Ann. § 67-10-102 — MT Code / Title 67 / Chapter 10 / Part 1 / Section 67-10-102
67-10-102 Acquisition and establishment of airports
Status: in_force

67-10-102 . Acquisition and establishment of airports. (1) Counties, cities, and towns may, either individually or by the joint action of a county and one or more of the cities and towns within the county, acquire by gift, deed, purchase, or condemnation pursuant to Title 70, chapter 30, land for airport purposes. The local governments may use the land to establish, construct, own, control, lease, equip, improve, operate, and regulate airports for the use of airplanes and other aircraft.

(2) In addition, a county, city, or town may exercise the authority granted by this section by acting jointly with one or more counties, with one or more cities, with one or more towns, or with any combination of counties, cities, or towns. A multijurisdictional airport is not required to be located, in whole or in part, within the limits of each subdivision participating in the joint venture.
Mont. Code Ann. § 67-2-402 — MT Code / Title 67 / Chapter 2 / Part 4 / Section 67-2-402
67-2-402 Cooperation -- municipalities
Status: in_force

67-2-402 . Cooperation -- municipalities. (1) The department may offer its engineering or other technical services, without charge, to a municipality desiring them in connection with the construction, maintenance, or operation or proposed construction, maintenance, or operation of an airport or restricted landing area.

(2) The department may render assistance in the acquisition, development, operation, or maintenance of airports owned, controlled, or operated by municipalities in this state out of appropriations made by the legislature for that purpose.

(3) Municipalities may cooperate with the department in the development of aeronautics and aeronautic facilities in this state.
Mont. Code Ann. § 67-10-402 — MT Code / Title 67 / Chapter 10 / Part 4 / Section 67-10-402
67-10-402 Tax levy
Status: in_force

67-10-402 . Tax levy. (1) Subject to 15-10-420 and for the purpose of establishing, constructing, equipping, maintaining, and operating airports and ports under the provisions of this chapter and as provided in Title 7, chapter 14, part 11, the county commissioners or the city or town council may each year assess and levy a tax on the taxable value of all taxable property in the county, city, or town for airports and ports.

(2) In the event of a jointly established airport or port, the county commissioners and the city or town council or councils involved shall determine in advance the levy necessary for those purposes and the proportion that each political subdivision joining in the venture is required to pay.

(3) If the levy is insufficient for the purposes enumerated in subsection (1), the commissioners and councils are authorized and empowered to contract an indebtedness on behalf of the county, city, or town by borrowing money or issuing bonds for those purposes. However, bonds may not be issued until the proposition has been submitted to the qualified electors and approved by a majority vote, except as provided in subsection (4).

(4) For the purpose of establishing a reserve fund to resurface, overlay, or improve existing runways, taxiways, and ramps, the governing bodies may set up annual reserve funds in their annual budget if:

(a) the reserve is approved by the governing bodies during the normal budgeting procedure;

(b) the necessity to resurface or improve runways by overlays or similar methods periodically is based upon competent engineering estimates; and

(c) the funds are expended at least within each 10-year period.

(5) The reserve fund may not exceed at any time a competent engineering estimate of the cost of resurfacing or overlaying the existing runways, taxiways, and ramps of any one airport for each fund. The governing body of the airport or port, if in its judgment it considers it advantageous, may invest the fund in any interest-bearing deposits in a state or national bank insured by the FDIC or obligations of the United States of America, either short-term or long-term. Interest earned from the investments must be credited to the operations and maintenance budget of the airport or port governing body.
Mont. Code Ann. § 67-10-901 — MT Code / Title 67 / Chapter 10 / Part 9 / Section 67-10-901
67-10-901 Purpose
Status: in_force

67-10-901 . Purpose. (1) The purpose of this part is to provide grants to municipalities and third parties for courtesy cars at certain Montana airports where rental cars or taxicabs are not available for service at all times.

(2) The purpose of the program is to provide the airport users with ground transportation for short-term use between the airport and the local trading or recreation area.
Mont. Code Ann. § 67-11-203 — MT Code / Title 67 / Chapter 11 / Part 2 / Section 67-11-203
67-11-203 Joint exercise of powers
Status: in_force

67-11-203 . Joint exercise of powers. (1) For the purposes of 67-11-203 through 67-11-205 , unless otherwise qualified, the term "public agency" includes municipality and authority, each as defined in this title; any agency of the state government and of the United States; and any municipality, political subdivision, or agency of an adjoining state. The term "governing body" includes commissioners of an authority, the governing body of a municipality, and the head of an agency of a state or the United States if the public agency is other than an authority or municipality.

(2) All powers, privileges, and authority granted by this chapter may be exercised and enjoyed by an authority jointly with any public agency of this state and jointly with any public agency of any adjoining state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise or enjoyment. Any agency of the state government, when acting jointly with any authority, may exercise and enjoy all the powers, privileges, and authority conferred by this chapter upon an authority.

(3) Any two or more public agencies may enter into agreements with each other for joint action pursuant to the provisions of 67-11-203 through 67-11-205 . Each agreement shall specify its duration; the proportionate interest which each public agency will have in the property, facilities, and privileges involved in the joint undertaking; the proportion of costs of operation, capital outlay, and maintenance to be borne by each public agency; and such other terms as are considered necessary or required by law. The agreement may also provide for amendments and termination; disposal of all or any of the property, facilities, and privileges jointly owned prior to or at such times as the property, facilities, and privileges or any part thereof cease to be used for the purposes provided in this chapter or upon termination of the agreement; the distribution of the proceeds received upon any disposal and of any funds or other property jointly owned and undisposed of; the assumption of payment of any indebtedness arising from the joint undertaking which remains unpaid upon the disposal of all assets or upon a termination of the agreement; and such other provisions as may be necessary or convenient.
Mont. Code Ann. § 67-10-403 — MT Code / Title 67 / Chapter 10 / Part 4 / Section 67-10-403
67-10-403 Liens
Status: in_force

67-10-403 . Liens. To enforce the payment of charges for repairs or improvements to or storage, service, or care of any aircraft or other personal property made or furnished by an airport, person, or entity or an agent of an airport, person, or entity in connection with the operation of an aircraft, airport, or air navigation facility, the airport, person, entity, or agent has a lien on the property, which is enforceable as provided by law.
Mont. Code Ann. § 67-10-202 — MT Code / Title 67 / Chapter 10 / Part 2 / Section 67-10-202
67-10-202 Creation of board -- funding -- rules
Status: in_force

67-10-202 . Creation of board -- funding -- rules. (1) The county, city, or town, acting individually or acting jointly as authorized by 67-10-102 , having established an airport and acquired property for that purpose, may construct, improve, equip, maintain, and operate the airport. The county, city, or town may create a board or body from the residents of the county, city, town, or joint subdivision of the state and may confer upon the board or body the jurisdiction for the improvement, equipment, maintenance, and operation of the airport. The board of county commissioners, the city or town council, or the board of county commissioners and the council or councils under a joint venture may adopt rules and establish fees or charges for the use of the airport or may authorize the board or body to do so, subject to the approval of the appointing power before the fees or charges may take effect. All expenses of the construction, improvement, equipment, maintenance, and operation are a charge against the county, city, or town. When a county, city, or town acts jointly under the authority provided in this section, the charges are against the joint subdivision of the state and must be apportioned according to benefits to accrue, the proportion to be paid by each to be fixed in advance by joint resolution of the governing bodies.

(2) For the purpose of complying with subsection (1), when the airport is a joint venture, a joint fund must be created and maintained into which each of the political subdivisions in the joint venture shall deposit its proportionate share in accordance with the predetermination of the board of county commissioners and council or councils affected.

(3) All disbursements from the fund must be made by order of the joint board or body, if one is created as authorized, otherwise under the rules that the joint control by the commissioners and council or councils may adopt.
Mont. Code Ann. § 67-3-102 — MT Code / Title 67 / Chapter 3 / Part 1 / Section 67-3-102
67-3-102 Exceptions
Status: in_force

67-3-102 . Exceptions. The provisions of 67-3-101 (2) and (3) do not apply to:

(1) an aircraft that has been licensed by a foreign country with which the United States has a reciprocal agreement covering the operations of that licensed aircraft;

(2) an aircraft that is owned by a nonresident of this state who is lawfully entitled to operate the aircraft in the state of residence;

(3) an aircraft engaged principally in commercial flying constituting an act of interstate or foreign commerce;

(4) an aircrew operating military or public aircraft or an aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of that licensed aircraft;

(5) a person operating model aircraft or a person piloting an aircraft that is equipped with fully functioning dual controls when a licensed instructor is in full charge of one set of the controls and the flight is solely for instruction or for the demonstration of the aircraft to a prospective purchaser;

(6) a nonresident operating aircraft in this state who is lawfully entitled to operate aircraft in the state of residence;

(7) an aircrew while operating or taking part in the operation of an aircraft engaged principally in commercial flying constituting an act of interstate or foreign commerce.
Mont. Code Ann. § 67-1-214 — MT Code / Title 67 / Chapter 1 / Part 2 / Section 67-1-214
67-1-214 Standards for meteorological evaluation towers -- report -- notification -- penalty
Status: in_force

67-1-214 . Standards for meteorological evaluation towers -- report -- notification -- penalty. (1) The requirements of subsection (2) apply to a meteorological evaluation tower:

(a) that is 50 feet or more in height;

(b) that is located outside the boundaries of an incorporated city or town;

(c) that is on land that is primarily rural or undeveloped or used for agricultural purposes; and

(d) the appearance of which is not otherwise governed by state or federal law, rule, or regulation.

(2) A meteorological evaluation tower that meets the description provided in subsection (1) must:

(a) be painted in seven equal-width and alternating bands of aviation orange and white beginning with orange at the top of the tower and ending with orange at the base;

(b) have two marker balls attached to and evenly spaced on each of the tower's outside guy wires; and

(c) have a yellow safety sleeve on each guy wire that extends 7 feet up from the anchor point of the guy wire.

(3) Not less than 10 working days prior to erecting a meteorological evaluation tower subject to this section, the owner of the tower shall provide a report to the department that identifies the owner and specifies the tower's location, height, and other information that the department finds necessary for aviation safety.

(4) The owner of a meteorological evaluation tower subject to this section who is removing the tower shall report its removal to the department within 10 working days of its removal.

(5) A person who violates subsection (3) or (4) is guilty of a misdemeanor.

(6) Within 5 working days of receiving information pursuant to subsection (3) or (4), the department shall make the information, excluding the ownership of the tower, available to the public.

(7) For the purposes of this section, the following definitions apply:

(a) "Height" means the distance from the original grade at the base of the tower to the highest point of the tower.

(b) "Meteorological evaluation tower" means a structure erected and standing for any period of time whatsoever, whether self-standing or supported by guy wires and ground anchors and including all guy wires and accessory facilities, on which a meteorological instrument is mounted for the purpose of documenting whether a site has sufficient wind resources for the operation of a wind turbine generator.
Mont. Code Ann. § 67-10-903 — MT Code / Title 67 / Chapter 10 / Part 9 / Section 67-10-903
67-10-903 Use of courtesy cars at airports -- department responsibilities
Status: in_force

67-10-903 . Use of courtesy cars at airports -- department responsibilities. (1) Upon the request of a municipality or third party, the department may provide grant money from the department's special revenue account for courtesy cars for use at qualified airports, as provided in this part.

(2) A courtesy car grant may not be awarded if commercial rental cars or taxicabs that provide service to local airports are available for service at all times.

(3) The department shall provide preference for the purchase of vehicles that are accessible to persons with disabilities when awarding grants from the courtesy car program.

(4) The department may adopt necessary rules, pursuant to its authority in 67-2-102 , to provide courtesy car grants, including rules regarding the receipt and review of grant applications.
Mont. Code Ann. § 67-1-201 — MT Code / Title 67 / Chapter 1 / Part 2 / Section 67-1-201
67-1-201 Short title
Status: in_force

67-1-201 . Short title. This part may be cited as the "Uniform State Law for Aeronautics".
Mont. Code Ann. § 67-2-503 — MT Code / Title 67 / Chapter 2 / Part 5 / Section 67-2-503
67-2-503 Use of reports
Status: in_force

67-2-503 . Use of reports. The reports of investigations or hearings may not be admitted in evidence or used for any purpose in any suit, action, or proceedings growing out of a matter referred to in the investigation, hearing, or report, except in case of criminal or other proceedings instituted in behalf of the department or this state under this title and other laws of this state relating to aeronautics. An officer or employee of the department may not be required to testify to any facts ascertained in or information gained by reason of the officer's or employee's official capacity or be required to testify as an expert witness in a suit, action, or proceeding involving an aircraft. The department may, in its discretion, make available to appropriate federal and state agencies information and material developed in the course of its hearings and investigations.
Mont. Code Ann. § 67-11-401 — MT Code / Title 67 / Chapter 11 / Part 4 / Section 67-11-401
67-11-401 Out-of-state airport jurisdiction -- reciprocity
Status: in_force

67-11-401 . Out-of-state airport jurisdiction -- reciprocity. (1) For the purpose of this section, "governmental agency" means any municipality, city, town, county, public corporation, or other public agency.

(2) The state or any governmental agency of this state having any powers with respect to planning, establishing, acquiring, developing, constructing, enlarging, improving, maintaining, equipping, operating, regulating, or protecting airports or air navigation facilities within this state may exercise those powers within any state or jurisdiction adjoining this state, subject to the laws of that state or jurisdiction.

(3) (a) A state adjoining this state or any governmental agency of an adjoining state may plan, establish, acquire, develop, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports and air navigation facilities within this state, subject to the laws of this state applicable to airports and air navigation facilities. Subject to subsection (3)(b), the adjoining state or governmental agency has the power of eminent domain in this state, which must be exercised as provided in Title 70, chapter 30.

(b) The power of eminent domain may not be exercised unless the adjoining state authorizes the exercise of that power in the adjoining state by this state or any governmental agency of this state having any of the powers mentioned in this section.

(4) The powers granted in this section may be exercised jointly by two or more states or governmental agencies, including this state and its governmental agencies, in a combination that may be agreed upon by the states or governmental agencies.
Mont. Code Ann. § 67-10-303 — MT Code / Title 67 / Chapter 10 / Part 3 / Section 67-10-303
67-10-303 Delegation of authority
Status: in_force

67-10-303 . Delegation of authority. Any authority vested by this chapter in a municipality or in the governing body thereof for the planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection, and policing of airports or other air navigation facilities established, owned, or controlled or to be established, owned, or controlled by the municipality may be vested by resolution of the governing body of the municipality in an officer or board or other municipal agency whose powers and duties must be prescribed in the resolution. However, the expense of such planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection, and policing is a responsibility of the municipality.
Mont. Code Ann. § 67-10-101 — MT Code / Title 67 / Chapter 10 / Part 1 / Section 67-10-101
67-10-101 Short title
Status: in_force

67-10-101 . Short title. This chapter may be cited as the "Municipal Airports Act".
Mont. Code Ann. § 67-1-104 — MT Code / Title 67 / Chapter 1 / Part 1 / Section 67-1-104
67-1-104 Governmental nature of aeronautical functions
Status: in_force

67-1-104 . Governmental nature of aeronautical functions. The acquisition of lands for establishing airports or other air navigation facilities; the acquisition of airport protection privileges; the acquisition, establishment, construction, enlargement, improvement, maintenance, equipment, and operation of airports and other air navigation facilities, whether by the state separately or jointly with a municipality; the assistance of this state in that acquisition, establishment, construction, enlargement, improvement, maintenance, equipment, and operation; and the exercise of any other powers granted to the department are public and governmental functions exercised for a public purpose and as a matter of public necessity; and such lands and other property and privileges acquired and used by the state in the manner and for the purposes enumerated in this title are acquired and used for public and governmental purposes and as a matter of public necessity.
Mont. Code Ann. § 67-3-205 — MT Code / Title 67 / Chapter 3 / Part 2 / Section 67-3-205
67-3-205 Aircraft registration account -- source of funds -- allocation
Status: in_force

67-3-205 . Aircraft registration account -- source of funds -- allocation. (1) There is an account in the state special revenue fund to which must be credited all money received from fees paid in lieu of tax on aircraft, as required in 15-24-304 and this part, and all penalties collected for registration violations, as provided in 67-3-202 .

(2) Money in the account is allocated to the aeronautics operations account provided for in 67-1-308 .

(3) The allocations required in subsection (2) must be made when received by the department.
Mont. Code Ann. § 67-7-101 — MT Code / Title 67 / Chapter 7 / Part 1 / Section 67-7-101
67-7-101 Short title
Status: in_force

67-7-101 . Short title. This chapter may be cited as the "Airport Compatibility Act".
Mont. Code Ann. § 67-11-205 — MT Code / Title 67 / Chapter 11 / Part 2 / Section 67-11-205
67-11-205 Joint fund
Status: in_force

67-11-205 . Joint fund. For the purpose of providing the joint board with moneys for the necessary expenditures in carrying out the provisions of 67-11-203 through 67-11-205 , a joint fund shall be created and maintained, into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. Any federal, state, or other grants, contributions, or loans and the revenues obtained from the joint ownership, control, and operation of any airport or air navigation facility under the jurisdiction of the joint board shall be paid into the joint fund. Disbursements from such fund shall be made by order of the board, subject to the limitations prescribed in 67-11-204 (2).
Mont. Code Ann. § 67-11-206 — MT Code / Title 67 / Chapter 11 / Part 2 / Section 67-11-206
67-11-206 Supplementary powers
Status: in_force

67-11-206 . Supplementary powers. In addition to the general and special powers conferred by this chapter, every authority is authorized to exercise such powers as are necessary incidental to the exercise of such general and special powers.
Mont. Code Ann. § 67-10-904 — MT Code / Title 67 / Chapter 10 / Part 9 / Section 67-10-904
67-10-904 Responsibilities and obligations of municipality and third party
Status: in_force

67-10-904 . Responsibilities and obligations of municipality and third party. (1) A municipality may apply to the department for a grant to provide courtesy car services at a qualified airport. The municipality may procure a third party and assign the third party to a qualified airport to manage the courtesy car program. A third party may be a fixed base operator, an airport manager, a nonprofit organization exempt from taxation under 26 U.S.C. 501(c)(3), or other responsible party. The municipality shall ensure that the third party is familiar with and complies with all conditions of the courtesy car program.

(2) A municipality or third party may not provide a courtesy car for use by local residents or airport personnel except to facilitate incidental maintenance of the courtesy car.

(3) A courtesy car may be used only between the awarded airport and the local trading or recreation area. Travel in a courtesy car across the state line or beyond the local trading or recreation area is prohibited.

(4) A courtesy car must be kept at the awarded airport when not in use and must be available for users who fly into the airport.

(5) The recipient of the courtesy car grant shall procure liability insurance as required by 61-6-301 .

(6) A courtesy car may not be used unless the municipality or the third party has obtained certification that the user has personal motor vehicle liability insurance coverage as required in 61-6-301 .

(7) For airports owned, maintained, or operated by the state, the department may distribute grant money to a third party to purchase a courtesy car for use to and from the state airport as long as the department ensures the third party is familiar with and complies with all conditions of the courtesy car program.

(8) In accordance with federal and state nondiscrimination laws and requirements, all vehicles purchased with grant funds from the courtesy car program or vehicles donated to the courtesy car program must be accessible to persons with disabilities or the grantee must provide a vehicle accessible to persons with disabilities on request.
Mont. Code Ann. § 67-10-902 — MT Code / Title 67 / Chapter 10 / Part 9 / Section 67-10-902
67-10-902 Definitions
Status: in_force

67-10-902 . Definitions. As used in this part, the following definitions apply:

(1) "Airport" means an airport, as defined in 67-1-101 , that does not have commercial automobile rental services available. The term includes a regional airport authority or municipal airport authority as defined in 67-1-101 .

(2) "Courtesy car" means a motor vehicle provided by, and titled in the name of, a municipality or third party for the purposes of and pursuant to the conditions set out in this part.

(3) (a) "User" means an airplane pilot or an airplane passenger who flies into an airport.

(b) The term does not include local residents or airport personnel.
Mont. Code Ann. § 67-7-202 — MT Code / Title 67 / Chapter 7 / Part 2 / Section 67-7-202
67-7-202 Joint airport affected area regulation board authorized -- may adopt regulations
Status: in_force

67-7-202 . Joint airport affected area regulation board authorized -- may adopt regulations. (1) If an airport affected area is located outside of the jurisdictional area of the governing body of the political subdivision that owns or controls the airport, the governing body of the political subdivision that owns or controls the airport and the governing body of the political subdivision within which the airport affected area is located may by ordinance or resolution create a joint airport affected area regulation board.

(2) The joint board may adopt, administer, and enforce airport affected area regulations, as provided in 67-7-201 , subject to the provisions of 67-7-203 .

(3) The joint board must have two members appointed by the governing body of each political subdivision participating in its creation, and a presiding officer must be elected by a majority of the members appointed. The members of the joint board who are appointed shall select an additional at-large member who resides in the county in which the airport is located.

(4) If, in the judgment of the governing body of the political subdivision that owns or controls an airport, the governing body of the political subdivision that contains the airport affected area has failed to adopt or enforce reasonably adequate airport affected area regulations for the airport affected area and if the governing body of the political subdivision that contains the airport affected area has refused to join in creating a joint board under this section, the governing body of the political subdivision that owns or controls the airport may adopt, administer, and enforce airport affected area regulations for the airport affected area. The regulations adopted by the governing body of the political subdivision that owns or controls the airport prevail if a conflict arises between regulations adopted by that governing body and the governing body of the political subdivision that contains the airport affected area.
Mont. Code Ann. § 67-1-106 — MT Code / Title 67 / Chapter 1 / Part 1 / Section 67-1-106
67-1-106 Automatic dependent surveillance-broadcasts
Status: in_force

67-1-106 . Automatic dependent surveillance-broadcasts. (1) For aircraft as defined in subsection (2)(a), no entity, whether a division of government or a private company or corporation, may use information broadcast or collected by automatic dependent surveillance-broadcast systems, whether that data originates from ADS-B in or ADS-B out, as a means for calculating, generating, and collecting fees from aircraft owners or operators who operate aircraft within the geographic boundaries of the state.

(2) For the purposes of this section, the following definitions apply:

(a) "Aircraft" has the same meaning as provided in 67-1-101 , except the aircraft must have a gross weight of 9,000 pounds or less and operate under Title 14, part 91, Code of Federal Regulations.

(b) "Automatic dependent surveillance-broadcast" means an advanced aviation surveillance technology that combines an aircraft's positioning source, aircraft avionics, and a ground infrastructure to create an accurate surveillance interface between an aircraft and air traffic control. The term consists of two different services, ADS-B in and ADS-B out, that can provide information, such as an aircraft's global positioning system location, altitude, ground speed, and other data, to ground stations and other aircraft, as well as weather and traffic information to aircraft operators.
Mont. Code Ann. § 67-3-201 — MT Code / Title 67 / Chapter 3 / Part 2 / Section 67-3-201
67-3-201 Aircraft registration and licensing required
Status: in_force

67-3-201 . Aircraft registration and licensing required. (1) Except as provided in 67-3-102 and in subsection (6) of this section, a person may not operate or cause or authorize to be operated a civil aircraft within this state unless the aircraft has an appropriate effective registration, license, certificate, or permit issued or approved by the United States government that has been registered with the department and the registration with the department is in force.

(2) Aircraft customarily kept in this state must be registered on or before March 1 of each year with the department, which shall charge a fee for registration according to the fee schedule in 67-3-206 . The registration must be renewed annually on or before March 1 of each year.

(3) Section 67-3-202 and subsections (2) and (4) through (6) of this section do not apply to:

(a) aircraft owned and operated by the federal government, the state, or any political subdivision of the state;

(b) aircraft owned and held by an aircraft dealer solely for the purpose of resale;

(c) aircraft operated by an airline company and regularly scheduled for the primary purpose of carrying persons or property for hire in interstate or international transportation; or

(d) dismantled or otherwise nonflyable aircraft.

(4) An aircraft must be registered in a particular county of the state. This county must be the county of the owner's principal residence if the owner is a natural person or the owner's principal place of doing business in the state if the owner is not a natural person. However, if the owner declares by affidavit that the aircraft is customarily kept at a landing facility in another county within the state, the owner may register the aircraft as property within the other county.

(5) Aircraft not registered in the state but entering the state to engage in commercial operations must be registered prior to commencing operation.

(6) Owners of ultralight aircraft for which no appropriate effective license, certificate, or permit is issued by the United States government shall pay the fee required in 67-3-206 and file with the department an appropriate registration recognized and approved by the United States government.
Mont. Code Ann. § 67-10-103 — MT Code / Title 67 / Chapter 10 / Part 1 / Section 67-10-103
67-10-103 Public purpose
Status: in_force

67-10-103 . Public purpose. (1) Land acquired, owned, controlled, or occupied by a county, city, or town, individually or pursuant to joint action for the purposes enumerated in 67-10-102 , is acquired, owned, controlled, and occupied for a public use and as a matter of public necessity. Counties, cities, and towns, whether acting individually or jointly, have the right to acquire property for the enumerated purposes under the power of eminent domain as provided in Title 70, chapter 30.

(2) The following are public and governmental functions, exercised for a public purpose and as matters of public necessity:

(a) the acquisition of land or an interest in land pursuant to this chapter;

(b) the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, protection, and policing of airports and air navigation facilities, including the acquisition or elimination of airport hazards; and

(c) the exercise of any other powers granted in this chapter to municipalities and other public agencies, to be severally or jointly exercised.

(3) All land and other property and privileges acquired and used by or on behalf of any municipality or other public agency in the manner and for the purposes enumerated in this chapter are acquired and used for public and governmental purposes and as a matter of public necessity and, in the case of a county or municipality, for county or municipal purposes, respectively.
Mont. Code Ann. § 67-3-103 — MT Code / Title 67 / Chapter 3 / Part 1 / Section 67-3-103
67-3-103 Licenses and certificates -- exhibition
Status: in_force

67-3-103 . Licenses and certificates -- exhibition. (1) The federal license, certificate, or permit and the evidence of registration in this or another state, if any, required for an aircrew member shall be kept in the personal possession of the aircrew member when operating within this state and must be presented for inspection upon the demand of a passenger, a peace officer of this state, an authorized official or employee of the department, or an official, manager, or person in charge of an airport in this state upon which the aircrew member lands or upon the reasonable request of any other person.

(2) The federal aircraft license, certificate, or permit and the evidence of registration in this or another state, if any, required for aircraft must be carried in every aircraft operating in this state at all times and must be conspicuously posted in the aircraft where they may readily be seen by passengers or inspectors and must be presented for inspection upon demand of a passenger, a peace officer of this state, an authorized official or employee of the department, or an official, manager, or person in charge of an airport in this state upon which it lands or upon the reasonable request of any person.
Mont. Code Ann. § 67-10-205 — MT Code / Title 67 / Chapter 10 / Part 2 / Section 67-10-205
67-10-205 Joint airport board
Status: in_force

67-10-205 . Joint airport board. (1) Public agencies acting jointly pursuant to 67-10-204 through 67-10-206 shall create a joint board that must consist of members appointed by the governing body of each participating public agency. Per diem and mileage of the joint board may be set by resolution of the board of county commissioners. The number of members to be appointed and their terms must be provided for in the joint agreement. A joint board shall organize, select officers for terms to be fixed by the agreement, and from time to time adopt and amend rules for its own procedure. The joint board may plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police any airport or air navigation facility or airport hazard to be jointly acquired, controlled, and operated. Subject to subsection (2), the board may exercise on behalf of its constituent public agencies all the powers of each public agency with respect to the airport, air navigation facility, or airport hazard.

(2) (a) The total expenditures to be made by the joint board for any purpose in any calendar year must be determined by a budget approved by the governing bodies of its constituent public agencies.

(b) An airport, air navigation facility, airport hazard, or real or personal property, the cost of which is in excess of sums fixed by the joint agreement or allotted in the annual budget, may not be acquired by the joint board without the approval of the governing bodies of its constituent public agencies.

(c) Eminent domain proceedings authorized under 67-10-204 through 67-10-206 and conducted as provided in Title 70, chapter 30, may be instituted only by authority of the governing bodies of the constituent public agencies of the joint board. If authorized, eminent domain proceedings must be instituted in the names of the constituent public agencies jointly, and the property acquired must be held by the public agencies as tenants in common until conveyed by them to the joint board.

(d) The joint board may not dispose of any airport, air navigation facility, or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies. However, the joint board may, without consent, enter into the contract, lease, or other arrangements contemplated by 67-10-302 .

(e) Any resolutions, rules, or orders of the joint board that deal with subjects authorized by 67-10-301 are effective only upon approval of the governing bodies of the constituent public agencies. Upon approval, the resolutions, rules, or orders of the joint board have the same force and effect in the territories or jurisdictions involved that the ordinance, resolutions, rules, or orders of each public agency would have in its own territory or jurisdiction.
Mont. Code Ann. § 67-11-105 — MT Code / Title 67 / Chapter 11 / Part 1 / Section 67-11-105
67-11-105 Functions -- public and governmental
Status: in_force

67-11-105 . Functions -- public and governmental. The acquisition of any land or interest therein, pursuant to this chapter; the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, and protection of airports and air navigation facilities, including the acquisition or elimination of airport hazards, and the exercise of any powers herein granted to authorities and other public agencies to be severally or jointly exercised are hereby declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. All land and other property and privileges acquired and used by or on behalf of any authority or other public agency in the manner and for the purposes enumerated in this chapter shall and are hereby declared to be acquired and used for public and governmental purposes and as a matter of public necessity.
Mont. Code Ann. § 67-3-206 — MT Code / Title 67 / Chapter 3 / Part 2 / Section 67-3-206
67-3-206 Schedule of fees in lieu of tax for aircraft
Status: in_force

67-3-206 . Schedule of fees in lieu of tax for aircraft. (1) The appropriate fee in lieu of tax imposed on aircraft is based on the age and type of aircraft and must be determined from the following schedule:

YEARS

0 - 5 6 - 10 11 - 20 21 - 30 31 - 40 Single engine, fixed gear, 200 horsepower and under $ 450 $ 262.50 $ 150 $ 75 $ 37.50 Single engine, fixed gear, over 200 horsepower 750 375 225 112.50 75 Single engine, retractable gear, 200 horsepower and under 900 450 262.50 150 112.50 Single engine, retractable gear, over 200 horsepower 1,050 600 300 187.50 150 Multi-engine, piston engine 1,200 750 375 262.50 225 Helicopter, piston engine 1,050 675 337.50 225 187.50 Single engine jet helicopter, prop jet 2,250 1,050 675 450 262.50 Multi-engine jet helicopter, prop jet 3,000 1,500 900 600 300 Jet engine, no propeller 4,500 2,250 1,200 750 375

(2) (a) Except as provided in subsection (2)(b), the age of an aircraft is determined by subtracting the manufacturer's designated model year from the current calendar year.

(b) If the purchase year of an aircraft precedes the designated model year of the aircraft and the aircraft is originally titled in Montana, then the purchase year is considered the model year for the purposes of calculating the fee in lieu of tax.

(3) The fee in lieu of tax imposed on any glider, ultralight, gyrocopter, balloon, homebuilt aircraft, antiques, or any aircraft over 40 years old is $30.
Mont. Code Ann. § 67-2-101 — MT Code / Title 67 / Chapter 2 / Part 1 / Section 67-2-101
67-2-101 Aeronautical powers and duties of department
Status: in_force

67-2-101 . Aeronautical powers and duties of department. (1) The department shall supervise aeronautics within this state. It shall encourage, foster, and assist in the development of aeronautics and encourage the establishment of airports and other air navigation facilities.

(2) The department shall cooperate with and assist the federal government, the political subdivisions of this state, and others engaged in aeronautics or the promotion of aeronautics and shall coordinate the aeronautical activities of these bodies.

(3) The department may designate, design, and establish, expand, or modify a state airways system which will best serve the interests of the state. It may chart that airways system and arrange for publication and distribution of maps, charts, notices, and bulletins relating to the airways which 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, but the facilities must conform to federal safety standards.

(4) The department may draft and recommend necessary legislation to advance the interests of the state in aeronautics and represent the state in aeronautical matters before federal agencies and other state agencies.

(5) The department may participate as party plaintiff or defendant or as intervenor on behalf of the state or a municipality or citizen in a controversy involving any claimed encroachment by the federal government or any foreign state upon state or individual rights pertaining to aeronautics.

(6) The department may use the facilities and services of other agencies of the state when reasonably available.

(7) The department may enter into any contracts necessary to the execution of the powers granted the department by this title.

(8) The department shall grant no exclusive right for the use of an airway, airport, restricted landing area, or other air navigation facility under its jurisdiction. This subsection does not prevent the making of leases in accordance with other provisions of this title.
Mont. Code Ann. § 67-7-203 — MT Code / Title 67 / Chapter 7 / Part 2 / Section 67-7-203
67-7-203 Airport affected area regulations -- contents
Status: in_force

67-7-203 . Airport affected area regulations -- contents. (1) Subject to the provisions of 67-7-209 , regulations adopted for the airport affected area must be reasonable, be designed to promote the public health, safety, and general welfare, and, for an NPIAS airport, at a minimum, give consideration to:

(a) the safety of airport users and persons and property in the vicinity of the airport;

(b) the character of the flying operations conducted or expected to be conducted at the airport;

(c) the nature of the terrain;

(d) the future development of the airport; and

(e) federal aviation administration recommendations for the aeronautical surfaces necessary for safe flying operations.

(2) Airport affected area regulations may:

(a) designate the airport or airports that are subject to the regulations, with a description of existing and future runways and approaches;

(b) define the terms used in the regulations based on the definitions provided in Title 67 and 14 CFR, part 77;

(c) describe the airport affected area by referencing maps and describing existing airport hazards and natural terrain that intrude into the airport affected area;

(d) designate and describe zones within the airport affected area, along with the height limitations for structures and trees within each zone, considering local conditions and needs, as well as the notice requirements and obstructions standards provided in 14 CFR, part 77;

(e) show the contours for decibel levels of 65 YDNL or greater on the maps that designate an airport affected area, if a study has been conducted pursuant to 14 CFR, part 150, and require that information to be considered by anyone who builds within the airport affected area;

(f) specify permitted and conditional uses within each zone of the airport affected area by addressing:

(i) incompatible land uses, such as uses for residences, schools, hospitals, day-care centers, or other concentrations of people indoors or outdoors;

(ii) the land uses that are considered incompatible with certain noise levels, as provided in 14 CFR, part 150;

(iii) bird attractants such as solid waste disposal sites and lagoons;

(iv) sources of electromagnetic radiation that may interfere with electronic navigational aids;

(v) lights other than navigational aids that glare upward or shine on or in the direction of the airport; and

(vi) the national transportation safety board's accident investigation data in the vicinity of airports and specific accident data for a particular airport, if that information is available;

(g) define nonconforming uses, measures to be taken to mitigate the nonconforming uses, and the expiration of the uses in accordance with this chapter;

(h) provide for an inventory of existing land uses, structures, and trees within the airport affected area;

(i) expand on the permit system provided pursuant to 67-7-212 for changes to existing land uses, including changes that affect structures or trees, and for new land uses, structures, or trees;

(j) subject to the provisions of 67-7-303 , provide a variance procedure from the literal application of the regulations, including the conditions for granting a variance; and

(k) establish or designate local boards, commissions, or agents to administer and adjudicate interpretations of the regulations.
Mont. Code Ann. § 67-7-208 — MT Code / Title 67 / Chapter 7 / Part 2 / Section 67-7-208
67-7-208 Procedure for developing or amending regulations -- assistance from existing boards or zoning commissions
Status: in_force

67-7-208 . Procedure for developing or amending regulations -- assistance from existing boards or zoning commissions. (1) In adopting, amending, and repealing airport affected area regulations under this chapter, a governing body or a joint airport affected area regulation board may request the assistance of existing planning boards or zoning commissions.

(2) If a political subdivision does not have an existing planning board or zoning commission to assist with recommendations for airport affected area regulations, the governing body may:

(a) request that an existing airport board recommend the boundaries of the airport affected area and the various zones to be established and the regulations that will govern the airport affected area; or

(b) act without assistance of an airport board, planning board, or zoning commission.

(3) If a governing body or joint airport affected area regulation board uses a separate airport board, planning board, or zoning commission to assist the governing body or joint board in designating the airport affected area and establishing regulations to govern the airport affected area, the airport board, planning board, or zoning commission shall make a preliminary report and hold public hearings on the report before submitting its final report to the governing body or joint board. The governing body or joint board may not hold a public hearing or take action on the regulations until it has received the final report from the airport board, planning board, or zoning commission.
Mont. Code Ann. § 67-11-304 — MT Code / Title 67 / Chapter 11 / Part 3 / Section 67-11-304
67-11-304 Reserve fund
Status: in_force

67-11-304 . Reserve fund. An airport authority may create a reserve fund for the use, repairs, maintenance, and capital outlays of an airport.
Mont. Code Ann. § 67-11-306 — MT Code / Title 67 / Chapter 11 / Part 3 / Section 67-11-306
67-11-306 Tax exemption
Status: in_force

67-11-306 . Tax exemption. Any property in this state acquired by an authority for airport purposes, pursuant to the provisions of this chapter, and any income derived by the authority from the ownership, operation, or control of the property is exempt from taxation and any other charges to the same extent as other property used for public purpose.
Mont. Code Ann. § 67-1-202 — MT Code / Title 67 / Chapter 1 / Part 2 / Section 67-1-202
67-1-202 State sovereignty in space
Status: in_force

67-1-202 . State sovereignty in space. Sovereignty in the space above the lands and waters of this state is declared to rest in the state, except where assumed by the United States law.
Mont. Code Ann. § 67-11-302 — MT Code / Title 67 / Chapter 11 / Part 3 / Section 67-11-302
67-11-302 County tax levy
Status: in_force

67-11-302 . County tax levy. Subject to 15-10-420 , in counties supporting airports or airport authorities, a levy as provided for in 67-10-402 may be made for airport authority purposes.
Mont. Code Ann. § 67-11-305 — MT Code / Title 67 / Chapter 11 / Part 3 / Section 67-11-305
67-11-305 Federal and state money
Status: in_force

67-11-305 . Federal and state money. (1) An authority may accept, receive, receipt for, and spend federal and state moneys and other moneys, public or private, made available by grant or loan, to accomplish any of the purposes of this chapter. All federal moneys accepted under this section shall be accepted and spent by the authority upon terms and conditions prescribed by the United States and consistent with state law. All state moneys accepted under this section shall be accepted and spent by the authority upon terms and conditions prescribed by the state.

(2) An authority may designate the department as its agent to accept, receive, receipt for, and disburse federal and state moneys and other moneys, public or private, made available by grant or loan, to accomplish in whole or in part any of the purposes of this chapter and may designate the department as its agent in contracting for and supervising the planning, acquisition, development, construction, improvement, maintenance, equipment, or operation of any airport or other air navigation facility. An authority may enter into an agreement with the department prescribing the terms and conditions of the agency in accordance with terms and conditions prescribed by the United States, if federal money is involved, and in accordance with the applicable laws of this state. All federal moneys accepted under this section by the department shall be accepted and transferred or spent by the department upon terms and conditions prescribed by the United States. All moneys received by the department under this subsection shall be deposited in the state treasury and, unless otherwise prescribed by the agency from which the moneys were received, shall be kept in separate funds designated according to the purposes for which the moneys were made available and held by the state in trust for those purposes.
Mont. Code Ann. § 67-2-401 — MT Code / Title 67 / Chapter 2 / Part 4 / Section 67-2-401
67-2-401 Cooperation -- federal government
Status: in_force

67-2-401 . Cooperation -- federal government. (1) The department may confer with or hold joint hearings with any federal aeronautical agency in connection with any matter arising under this title or relating to the sound development of aeronautics and may avail itself of the cooperation, services, records, and facilities of federal agencies, as fully as practicable, in the administration and enforcement of this title. It shall reciprocate by furnishing to the federal agencies its cooperation, services, records, and facilities to the extent practicable.

(2) It shall report to the appropriate federal agency all accidents in aeronautics in this state of which it is informed and preserve, protect, and prevent the removal of the component parts of any aircraft involved in an accident being investigated by it until a federal agency begins an investigation. It shall report to the appropriate federal agency all refusals by it to register federal licenses, certificates, or permits; all revocations of certificates of registration; the reasons for its action; and all penalties of which it has knowledge imposed upon aircrews for violations of the laws of this state relating to aeronautics or for violations of the rules or orders of the department.
Mont. Code Ann. § 67-10-302 — MT Code / Title 67 / Chapter 10 / Part 3 / Section 67-10-302
67-10-302 Granting of operation and use privileges
Status: in_force

67-10-302 . Granting of operation and use privileges. (1) In operating an airport or air navigation facility owned, leased, or controlled by a municipality, the municipality may, except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to 67-10-405 , enter into contracts, leases, and other arrangements for a term not exceeding 40 years with any persons:

(a) granting the privilege of using or improving the airport or air navigation facility or any portion or facility of or space in the airport or air navigation facility for commercial purposes;

(b) conferring the privilege of supplying goods, commodities, things, services, or facilities at the airport or air navigation facility; or

(c) making available services to be furnished by the municipality or its agents at the airport or air navigation facility.

(2) In each case, the municipality may establish the terms and conditions and fix the charges, rentals, or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service.

(3) Except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to 67-10-405 , a municipality may by contract, lease, or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed 40 years the privilege of operating, as agent of the municipality or otherwise, any airport owned or controlled by the municipality; provided that the person may not 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 municipality might not have undertaken under subsections (1) and (2).
Mont. Code Ann. § 67-3-211 — MT Code / Title 67 / Chapter 3 / Part 2 / Section 67-3-211
67-3-211 Aircrew licensing
Status: in_force

67-3-211 . Aircrew licensing. Except as provided in 67-3-102 , a person may not engage in aeronautics as an aircrew member in this state unless the person has from the department an effective certificate of registration of an appropriate effective aircrew member's license, certificate, or permit issued or approved by the United States government authorizing the aircrew member to engage in the particular class of aeronautics in which the aircrew member is engaged.
Mont. Code Ann. § 67-3-212 — MT Code / Title 67 / Chapter 3 / Part 2 / Section 67-3-212
67-3-212 Flight plan required
Status: in_force

67-3-212 . Flight plan required. (1) The pilot of each flight carrying passengers and originating at a Montana public airport and to be flown under visual flight rules over a distance greater than 250 nautical miles is required to file a flight plan with the federal aviation administration.

(2) The department may adopt rules necessary to implement the provisions of this section.
Mont. Code Ann. § 67-10-222 — MT Code / Title 67 / Chapter 10 / Part 2 / Section 67-10-222
67-10-222 Airport property -- disposal
Status: in_force

67-10-222 . Airport property -- disposal. Except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to 67-10-405 , every municipality may by sale, lease, or otherwise dispose of any airport, air navigation facility, or other property or portion thereof or interest therein acquired pursuant to this chapter. Such disposal by sale, lease, or otherwise shall be in accordance with the laws of this state or provisions of the charter of the municipality governing the disposition of other property of the municipality or agency of the state or federal government for aeronautical purposes incident thereto. The sale, lease, or other disposal may be effected in such manner and upon such terms as the governing body of the municipality may consider in the best interest of the municipality.
Mont. Code Ann. § 67-1-304 — MT Code / Title 67 / Chapter 1 / Part 3 / Section 67-1-304
67-1-304 Airport grants and loans
Status: in_force

67-1-304 . Airport grants and loans. Any airport grant or loan that the department may be authorized to issue may be issued only after review and approval of the grant or loan request by the board.
Mont. Code Ann. § 67-10-406 — MT Code / Title 67 / Chapter 10 / Part 4 / Section 67-10-406
67-10-406 Tax exemption
Status: in_force

67-10-406 . Tax exemption. Any property in this state acquired by a municipality for airport purposes pursuant to the provisions of this chapter and any income derived by such municipality from the ownership, operation, or control thereof is exempt from taxation to the same extent as other property used for public purposes. Any municipality is authorized to exempt from municipal taxation any property acquired within its boundaries by a public agency of another state for airport purposes and any income derived from such property to the extent that such other states authorize similar exemptions from taxation to municipalities of this state.
Mont. Code Ann. § 67-3-101 — MT Code / Title 67 / Chapter 3 / Part 1 / Section 67-3-101
67-3-101 Regulation and licensing -- general provisions
Status: in_force

67-3-101 . Regulation and licensing -- general provisions. In order to promote the general public interest and safety and to carry out the purposes of this title, the department may:

(1) require the annual registration of federal licenses, permits, or certificates of civil aircraft engaged in air navigation within this state, of aircrews engaged in aeronautics within this state, and of aeronautics instructors giving instruction in flying subjects and may issue certificates of registration. The certificates of registration constitute licenses of the aircraft, aircrews, and instructors for operations within this state to the extent permitted by the federal licenses, certificates, or permits so registered. The department may charge a fee for the registration of each federal license, certificate, or permit not exceeding $10. It may accept as evidence of the holding of a federal license, certificate, or permit the verified application of the owner of the aircraft, a member of the aircrew, or the instructor. The application shall contain information which the department may by rule or order prescribe.

(2) register aircraft repair shops, aircraft, aircraft parts and sales dealers, and other persons operating in aviation and license aircraft repair shops, aircraft, aircraft parts and sales dealers, and other persons operating in aviation, air schools, and aeronautics instructors giving instruction in ground subjects, in accordance with rules to be adopted by the department, and may annually renew these licenses. It may charge for the original licensing of aircraft repair shops, aircraft, aircraft parts and sales dealers, and other persons operating in aviation, air schools, and aeronautics instructors not more than $10 and for the renewal of a license not more than $10.

(3) upon notification by the federal aviation administration that it has revoked the license or certificate of an aircraft, aircrew member, air school, or aeronautics instructor, temporarily or permanently revoke the license or certificate of registration issued for that aircraft, aircrew member, air school, or aeronautics instructor, giving reasons for the action.
Mont. Code Ann. § 67-1-203 — MT Code / Title 67 / Chapter 1 / Part 2 / Section 67-1-203
67-1-203 Spatial ownership
Status: in_force

67-1-203 . Spatial ownership. The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in 67-1-204 .
Mont. Code Ann. § 67-1-306 — MT Code / Title 67 / Chapter 1 / Part 3 / Section 67-1-306
67-1-306 Special aeronautical loan account
Status: in_force

67-1-306 . Special aeronautical loan account. There is a special aeronautical loan account in the state special revenue fund. Principal and interest payments deposited in the account may be used only for providing loans specified in 67-1-307 .
Mont. Code Ann. § 67-10-201 — MT Code / Title 67 / Chapter 10 / Part 2 / Section 67-10-201
67-10-201 General municipal powers
Status: in_force

67-10-201 . General municipal powers. (1) A municipality may, out of any appropriations or other money made available for airport purposes, plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police airports and air navigation facilities, either within or outside of the territorial limits of the municipality and within or outside of the territorial boundaries of this state. The airport purposes include the construction, installation, equipping, maintenance, and operation at airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers and the purchase and sale of supplies, goods, and commodities as an incident to the operation of its airport properties. A municipality may use any available property that it owns or controls for airport purposes. A municipality may acquire real or personal property or any interest in property by purchase, gift, devise, lease, eminent domain proceedings pursuant to Title 70, chapter 30, or otherwise. A municipality may also acquire property interests, including easements, in airport hazards or land outside the boundaries of an airport or airport site that are necessary to:

(a) permit safe and efficient operation of the airport;

(b) permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards; or

(c) prevent the establishment of airport hazards.

(2) The municipality may, by purchase, gift, devise, lease, eminent domain proceedings pursuant to Title 70, chapter 30, or otherwise, acquire existing airports and air navigation facilities. However, a municipality may not acquire any airport or air navigation facility owned or controlled by another municipality or public agency of this or any other state without the consent of the municipality or public agency.

(3) For the purposes of this chapter, a municipality may establish or acquire and maintain, within or bordering upon the territorial limits of the municipality, airports in, over, and upon any public waters of this state, any submerged lands under public waters, and any artificial or reclaimed lands that before the artificial making or reclamation constituted a portion of the submerged lands under the public waters. A municipality may construct and maintain terminal buildings, landing floats, causeways, roadways, and bridges for approaches to or connecting with any airport and may construct and maintain landing floats and breakwaters for the protection of the other improvements.

(4) All air navigation facilities established or operated by municipalities must be supplementary to and coordinated in design and operation with air navigation facilities established and operated by the federal and state governments.

(5) A municipality may enter into any contracts necessary for the purposes provided by this chapter.
Mont. Code Ann. § 67-10-211 — MT Code / Title 67 / Chapter 10 / Part 2 / Section 67-10-211
67-10-211 Assistance in airport road construction -- department of transportation
Status: in_force

67-10-211 . Assistance in airport road construction -- department of transportation. The department of transportation may, upon written application of the governing body of a municipality, assist the municipality in the location, establishment, construction, reconstruction, maintenance, and improvement of highways and roads to and from municipal airports and field development of them. The department of transportation shall lend its equipment, machinery, technical services, and supervision to the municipality, under agreements made with each municipality.
Mont. Code Ann. § 67-1-102 — MT Code / Title 67 / Chapter 1 / Part 1 / Section 67-1-102
67-1-102 Policy
Status: in_force

67-1-102 . Policy. It is hereby declared that the purpose of this title is to further the public interest and aeronautical progress by:

(1) providing for the protection and promotion of safety in aeronautics;

(2) cooperating in effecting a uniformity of the laws relating to the development and regulation of aeronautics in the several states;

(3) revising existing statutes relative to the development and regulation of aeronautics so as to grant to a state agency such powers and impose upon it such duties that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within such jurisdiction, may assist in the promotion of a statewide system of airports, may cooperate with and assist the political subdivisions of this state and others engaged in aeronautics, and may encourage and develop aeronautics;

(4) establishing uniform regulations, consistent with federal regulations and those of other states, in order that those engaged in aeronautics of every character may so engage with the least possible restriction, consistent with the safety and the rights of others; and

(5) providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this state by assisting in accomplishing the purposes of federal legislation and eliminating costly and unnecessary duplication of functions.
Mont. Code Ann. § 67-11-221 — MT Code / Title 67 / Chapter 11 / Part 2 / Section 67-11-221
67-11-221 Exercise of airport authority powers by department -- exceptions
Status: in_force

67-11-221 . Exercise of airport authority powers by department -- exceptions. The department shall have all powers of an airport authority, except powers to certify or levy taxes or issue bonds, for constructing and operating public airports or landing fields near international border ports of entry and near state or national parks or near or in recreational areas as the department may determine to be in the public interest.
Mont. Code Ann. § 67-2-302 — MT Code / Title 67 / Chapter 2 / Part 3 / Section 67-2-302
67-2-302 State airports -- operation
Status: in_force

67-2-302 . State airports -- operation. (1) The department may:

(a) lease, for a term not exceeding 40 years, airports or other air navigation facilities or real property acquired or set apart for airport purposes to private parties, a municipal or state government or the national government, or a department of either for operation;

(b) lease or assign, for a term not exceeding 40 years, space, area, improvements, or equipment on those airports to private parties, a municipal or state government or the national government, or a department of either for operation or use consistent with the purposes of this title;

(c) sell any part of those airports, other air navigation facilities, or real property to a municipal or state government or to the United States or a department or instrumentality of the United States for purposes incidental to or for aeronautical purposes; and

(d) confer the privilege of concessions for supplying goods, commodities, things, services, and facilities upon the premises of those airports. However, in conferring the concessions, the public may not be deprived of its rightful, equal, and uniform use of the subject of the concessions.

(2) The department may determine the charges or rental for the use of state airports, the charges for service or accommodations under its control, and the terms and conditions under which the property may be used. However, the public may not be deprived of its rightful, equal, and uniform use of the property. Charges must be reasonable and uniform for the same class of service and established with due regard to the property and improvements used and the expenses of operation to the state.

(3) The state has, and the department may enforce, agisters' liens as provided by law for repair, improvement, storage, or care of any personal property.

(4) The department may employ persons or contract with persons or firms to provide law enforcement in and around state airports whenever required by federal aviation regulations.
Mont. Code Ann. § 67-2-301 — MT Code / Title 67 / Chapter 2 / Part 3 / Section 67-2-301
67-2-301 State airports -- acquisition
Status: in_force

67-2-301 . State airports -- acquisition. (1) The department may, on behalf of and in the name of this state:

(a) acquire real or personal property by purchase, gift, devise, lease, condemnation proceedings pursuant to Title 70, chapter 30, or otherwise for the purpose of establishing and constructing airports, restricted landing areas, and other air navigation facilities;

(b) acquire in like manner, own, control, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and police airports, restricted landing areas, and other air navigation facilities either within or outside of this state;

(c) prior to acquisition, make investigations, surveys, and plans;

(d) erect, install, construct, and maintain facilities at those airports for the servicing of aircraft and for the comfort and accommodation of air travelers; and

(e) dispose of any property, airport, restricted landing area, or other air navigation facility by sale, lease, or otherwise in accordance with the laws of this state governing the disposition of other similar property of the state.

(2) The department may not acquire or take over an airport, restricted landing area, or other air navigation facility owned or controlled by a municipality of this state without the consent of the municipality. The department may erect, equip, operate, and maintain at an airport all buildings and equipment necessary and proper to establish, maintain, and conduct the airport and air navigation facilities connected with the airport.

(3) When necessary, in order to provide unobstructed air space for the landing and taking off of aircraft utilizing airports and restricted landing areas acquired or operated under the provisions of this title, the department may acquire, in the manner provided for the acquisition of property for airport purposes, easements through or other interests in air space over land or water, interests in airport hazards outside the boundaries of the airports or restricted landing areas, and other airport protection privileges that are necessary to ensure safe approaches to the landing areas of airports and restricted landing areas and the safe and efficient operation of them. The department may also acquire in the same manner the right or easement, for a term of years or perpetually, to place or maintain suitable marks for the daytime marking and suitable lights for the nighttime marking of airport hazards, including the right of ingress and egress to or from the airport hazards for the purpose of maintaining and repairing the lights and marks. This authority does not limit the right, power, or authority of the state or a municipality to zone property adjacent to an airport or restricted landing area pursuant to a law of this state.

(4) The department may engage in the activities listed in subsections (1) through (3) jointly with the United States, with other states, and with municipalities or other agencies of this state.

(5) For the purpose of acquiring any property that it is authorized to acquire, the department may exercise the right of eminent domain, in the name of the state, in the manner provided in Title 70, chapter 30. The acquisition of property for any of the purposes listed in this section is a public use.
Mont. Code Ann. § 67-10-203 — MT Code / Title 67 / Chapter 10 / Part 2 / Section 67-10-203
67-10-203 Mutual assistance
Status: in_force

67-10-203 . Mutual assistance. If any municipality determines that the public interest and the interests of the municipality will be served by assisting any other municipality or municipalities in exercising the powers and authority granted by this chapter, such municipality may furnish assistance by gift of real or personal property or lease or loan thereof with or without charge or interest. In appropriating such property or money and providing for such assistance by taxation, the issuance of bonds, or other means, the municipality may exercise all of its powers as though used for its own direct purposes as provided in this chapter.
Mont. Code Ann. § 67-10-301 — MT Code / Title 67 / Chapter 10 / Part 3 / Section 67-10-301
67-10-301 Municipal regulation
Status: in_force

67-10-301 . Municipal regulation. (1) A municipality which has established or acquired or which may establish or acquire an airport or air navigation facility is authorized to adopt, amend, and repeal such reasonable ordinances, resolutions, rules, and orders as it shall deem necessary for the management, government, and use of such airport or air navigation facility under its control, whether situated within or without the territorial limits of the municipality. For the enforcement thereof, the municipality may, by ordinance or resolution, as may by law be appropriate, appoint airport guards or police with full police powers and fix penalties within the limits prescribed by law for the violation of the ordinances, resolutions, rules, and orders. Said penalties shall be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced. To the extent that an airport or other air navigation facility controlled and operated by a municipality is located outside the territorial limits of the municipality, it shall, subject to federal and state laws and rules, be under the jurisdiction and control of the municipality controlling or operating it, and no other municipality shall have any authority to charge or exact a license fee or occupation tax for operations thereon.

(2) All ordinances, resolutions, rules, or orders which are issued by the municipality shall be kept in substantial conformity with the laws of this state or any regulations promulgated or standards established pursuant thereto and, as nearly as may be, with the federal laws governing aeronautics and the rules and standards duly issued thereunder.
Mont. Code Ann. § 67-11-104 — MT Code / Title 67 / Chapter 11 / Part 1 / Section 67-11-104
67-11-104 Commissioners
Status: in_force

67-11-104 . Commissioners. (1) The powers of each authority are vested in the commissioners of the authority. A majority of the commissioners of an authority constitutes a quorum for the purpose of conducting business of the authority and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of not less than a majority of the commissioners present.

(2) There must be elected a presiding officer and vice presiding officer from among the commissioners. An authority may employ an executive director, secretary, technical experts, and other officers, agents, and employees, permanent and temporary, that it may require and shall determine their qualifications, duties, and compensation. An authority may delegate to one or more of its agents or employees powers or duties that it considers proper.

(3) A commissioner of an authority is entitled to the necessary expenses, including travel expenses, as provided for in 2-18-501 through 2-18-503 , incurred in the discharge of the commissioner's duties. Each commissioner shall hold office until a successor has been appointed and has qualified by law to serve. The certificates of the appointment and reappointment of commissioners must be filed with the authority.
Mont. Code Ann. § 67-1-309 — MT Code / Title 67 / Chapter 1 / Part 3 / Section 67-1-309
67-1-309 Airport grant account
Status: in_force

67-1-309 . Airport grant account. (1) There is an airport grant account in the state special revenue fund. Revenue from the aviation fuel tax must be deposited in the account to the credit of the department pursuant to 67-1-301 (3)(b).

(2) Money in the account is statutorily appropriated, as provided in 17-7-502 , and with the approval of the board may be used to provide grants to local governments for airport development or improvement programs and to provide navigational aids, safety improvements, weather reporting services, and other aeronautical services for airports and landing fields and for the state's airways.

(3) The board shall establish procedures for the awarding of grants. The grant procedures must include a provision allowing a grant for the entire local match required for a project funded with federal funds.
Mont. Code Ann. § 67-1-205 — MT Code / Title 67 / Chapter 1 / Part 2 / Section 67-1-205
67-1-205 Penalties
Status: in_force

67-1-205 . Penalties. A person who violates any provision of this part, except 67-1-204 (8), shall be guilty of a misdemeanor and punishable by a fine of not more than $500 or by imprisonment for not more than 6 months, or both.
Mont. Code Ann. § 67-11-202 — MT Code / Title 67 / Chapter 11 / Part 2 / Section 67-11-202
67-11-202 Rules
Status: in_force

67-11-202 . Rules. An authority is authorized to adopt, amend, and repeal such reasonable resolutions, rules, and orders as it shall deem necessary for the management, government, and use of any airport or air navigation facility owned by it or under its control. No rule, order, or standard prescribed by the commission shall be inconsistent with or contrary to any act of the congress of the United States or any regulation promulgated or standard established pursuant thereto. The authority shall keep on file at the principal office of the authority for public inspection a copy of all its rules.
Mont. Code Ann. § 67-3-202 — MT Code / Title 67 / Chapter 3 / Part 2 / Section 67-3-202
67-3-202 Penalty for registration violations
Status: in_force

67-3-202 . Penalty for registration violations. (1) When an aircraft required to be registered under the provisions of subsections (2) and (4) through (6) of 67-3-201 is not registered on or before March 1 of the current calendar year, a penalty of five times the annual registration fee provided in 67-3-206 must be added to the registration fee and collected. Registration of an aircraft in the name of the applicant for the year immediately preceding the year for which application for registration is made shall be prima facie evidence that the aircraft has been based in this state during the year for which application for registration is made.

(2) A person who owns or causes or authorizes an aircraft to be operated or who operates an aircraft required to be registered in the state without having displayed upon such aircraft a certificate of registration issued by the department for that aircraft commits a misdemeanor.
Mont. Code Ann. § 67-2-403 — MT Code / Title 67 / Chapter 2 / Part 4 / Section 67-2-403
67-2-403 Federal aid
Status: in_force

67-2-403 . Federal aid. (1) The department may cooperate with the government of the United States and any agency or department of the United States in the acquisition, construction, improvement, maintenance, and operation of airports and other air navigation facilities in this state and may comply with the laws of the United States and any regulations made under those laws for the expenditure of federal money upon airports and other navigation facilities.

(2) The department may accept, receive, and receipt for federal money and other money, either public or private, for and in behalf of this state or a municipality of this state, for the acquisition, construction, improvement, maintenance, and operation of airports and other air navigation facilities, whether the work is to be done by the state or by the municipalities or jointly, aided by grants of aid from the United States upon terms and conditions prescribed by the laws of the United States and any rules made under them. The department may act as agent of a municipality of this state upon the request of the municipality in accepting, receiving, and receipting for money in its behalf for airports or other air navigation facility purposes and in contracting for the acquisition, construction, improvement, maintenance, or operation of airports or other air navigation facilities financed either in whole or in part by federal money. The governing body of a municipality may designate the department as its agent for those purposes and enter into an agreement with it prescribing the terms and conditions of the agency in accordance with federal laws and rules. Money paid by the United States government must be retained by the state or paid to the municipalities under terms and conditions imposed by the United States government in making the grants.

(3) All contracts for the acquisition, construction, improvement, maintenance, and operation of airports or other air navigation facilities made by the department, either as the agent of this state or as the agent of a municipality, must be made under the laws of this state governing the making of similar contracts by the state or by municipalities. However, when the acquisition, construction, improvement, maintenance, and operation of an airport, landing strip, or other air navigation facility is financed wholly or partially with federal money, the department, as agent of the state or of a municipality of the state, may let contracts in the manner prescribed by the federal authorities, acting under the laws of the United States and any rules made under them.

(4) All money accepted for disbursement by the department under subsection (2) must be deposited in the state treasury and, unless otherwise prescribed by the authority from which the money is received, kept in separate funds, designated according to the purposes for which the money was made available, and held by the state in trust for those purposes. All money appropriated for the purposes for which it was made available must be spent in accordance with federal laws and regulations and with this title. The department may, whether acting for this state or as the agent of any of its municipalities or when requested by the United States government or an agency or department of the United States, disburse the money appropriated for the designated purposes, but this does not preclude any other authorized method of disbursement.
Mont. Code Ann. § 67-2-102 — MT Code / Title 67 / Chapter 2 / Part 1 / Section 67-2-102
67-2-102 Rules, orders, and standards
Status: in_force

67-2-102 . Rules, orders, and standards. (1) The department may perform acts; issue and amend orders; adopt reasonable, general, or special rules; and establish minimum standards, consistent with this title, as it considers necessary to:

(a) carry out this title;

(b) perform its duties for the purpose of protecting and ensuring the general public interest and safety, the safety of persons receiving instruction concerning (or operating, using, or traveling in) aircraft, and of persons and property on land or water; and

(c) develop and promote aeronautics in this state.

(2) All rules prescribed by the department under this title shall be kept in conformity, as nearly as may be, with the then-current federal legislation governing aeronautics and the rules and standards adopted or issued under federal legislation.
Mont. Code Ann. § 67-11-201 — MT Code / Title 67 / Chapter 11 / Part 2 / Section 67-11-201
67-11-201 General powers of authority
Status: in_force

67-11-201 . General powers of authority. An authority has all the powers necessary or convenient to carry out the purposes of this chapter, including, subject to 15-10-420 , the power to certify annually to the governing bodies creating it the amount of tax to be levied by the governing bodies for airport purposes. Authority powers include but are not limited to the power to:

(1) sue and be sued, have a seal, and have perpetual succession;

(2) execute contracts, including alternative project delivery contracts as provided for in Title 18, chapter 2, part 5, and other instruments and take other action that may be necessary or convenient to carry out the purposes of this chapter;

(3) plan, establish, acquire, develop, construct, purchase, enlarge, improve, maintain, equip, operate, regulate, and protect airports and air navigation facilities, within this state and within any adjoining state, including the acquisition, construction, installation, equipment, maintenance, and operation at the airports or buildings and other facilities for the servicing of aircraft or for comfort and accommodation of air travelers and the purchase and sale of supplies, goods, and commodities that are incident to the operation of its airport properties. For the authorized purposes, an authority may, by purchase, gift, devise, lease, eminent domain proceedings pursuant to Title 70, chapter 30, or otherwise, acquire property, real or personal, or any interest in property, including easements in airport hazards or land outside the boundaries of an airport or airport site, that is necessary to permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards or to prevent the establishment of airport hazards.

(4) establish airport affected area regulations in accordance with this title;

(5) acquire, by purchase, gift, devise, lease, eminent domain proceedings, or otherwise, existing airports and air navigation facilities. However, an authority may not acquire or take over any airport or air navigation facility owned or controlled by another authority, a municipality, or a public agency of this or any other state without the consent of the authority, municipality, or public agency.

(6) establish or acquire and maintain airports in, over, and upon any public waters of this state or any submerged lands under public waters, provided that the authority has obtained the approval of the owner or agency that controls the water, and construct and maintain terminal buildings, landing floats, causeways, roadways, and bridges for approaches to or connecting with any airport and landing floats and breakwaters for the protection of the airport.
Mont. Code Ann. § 67-11-303 — MT Code / Title 67 / Chapter 11 / Part 3 / Section 67-11-303
67-11-303 Bonds and obligations
Status: in_force

67-11-303 . Bonds and obligations. (1) An authority may borrow money for any of its corporate purposes and issue its bonds for those purposes, including refunding bonds, in the form and upon the terms that it may determine, payable out of any revenue of the authority, including revenue derived from:

(a) an airport or air navigation facility or facilities;

(b) taxes levied pursuant to 67-11-301 or other law for airport purposes;

(c) grants or contributions from the federal government; or

(d) other sources.

(2) The bonds may be issued by resolution of the authority, without an election and without any limitation of amount, except that bonds may not be issued at any time if the total amount of principal and interest to become due in any year on the bonds and on any then-outstanding bonds for which revenue from the same source or sources is pledged exceeds the amount of revenue to be received in that year as estimated in the resolution authorizing the issuance of the bonds. The authority shall take all action necessary and possible to impose, maintain, and collect rates, charges, rentals, and taxes, if any is pledged, sufficient to make the revenue from the pledged source in the year at least equal to the amount of principal and interest due in that year.

(3) The bonds may be sold at public or private sale and may bear interest as provided in 17-5-102 . Except as otherwise provided in this section, any bonds issued pursuant to this chapter by an authority may be payable as to principal and interest solely from revenue of the authority and must state on their face the applicable limitations or restrictions regarding the source from which the principal and interest are payable.

(4) Bonds issued by an authority or municipality pursuant to the provisions of this chapter are declared to be issued for an essential public and governmental purpose by a political subdivision.

(5) For the security of bonds, the authority or municipality may by resolution make and enter into any covenant, agreement, or indenture and may exercise any additional powers authorized to be exercised by a municipality under Title 7, chapter 7, parts 44 and 45. The sums required from time to time to pay principal and interest and to create and maintain a reserve for the bonds may be paid from any revenue referred to in this chapter, prior to the payment of current costs of operation and maintenance of the facilities.

(6) Subject to the conditions stated in this subsection, the governing body of any municipality having a population in excess of 10,000, with respect to bonds issued pursuant to this chapter by the municipality or by an authority in which the municipality is included, may by resolution covenant that in the event that at any time all revenue, including taxes, appropriated and collected for the bonds is insufficient to pay principal or interest then due, it shall, subject to 15-10-420 , levy a general tax upon all of the taxable property in the municipality for the payment of the deficiency. The governing body may further covenant that at any time a deficiency is likely to occur within 1 year for the payment of principal and interest due on the bonds, it shall, subject to 15-10-420 , levy a general tax upon all the taxable property in the municipality for the payment of the deficiency, and the taxes are limited to a rate estimated to be sufficient to produce the amount of the deficiency. In the event that more than one municipality having a population in excess of 10,000 is included in an authority issuing bonds pursuant to this chapter, the municipalities may apportion the obligation to levy taxes for the payment of, or in anticipation of, a deficiency in the revenue appropriated for the bonds in a manner that the municipalities may determine. The resolution must state the principal amount and purpose of the bonds and the substance of the covenant respecting deficiencies. A resolution may not be effective until the question of its approval has been submitted to the qualified electors of the municipality at a special election called for that purpose by the governing body of the municipality and a majority of the electors voting on the question have voted in favor of the resolution. The special election must be held in conjunction with a regular or primary election. The notice and conduct of the election is governed, to the extent applicable, as provided for municipal general obligation bonds in Title 7, chapter 7, part 42, for an election called by cities and towns and as provided for county general obligation bonds in Title 7, chapter 7, part 22, for an election called by counties. If a majority of the electors voting on the issue vote against approval of the resolution, the municipality may not make the covenant or levy a tax for the payment of deficiencies pursuant to this section, but the municipality or authority may issue bonds under this chapter payable solely from the sources referred to in subsection (1).
Mont. Code Ann. § 67-7-210 — MT Code / Title 67 / Chapter 7 / Part 2 / Section 67-7-210
67-7-210 Acquisition of property rights when regulations not sufficient
Status: in_force

67-7-210 . Acquisition of property rights when regulations not sufficient. The political subdivision within which a property or nonconforming use is located or the political subdivision owning the airport or served by the airport may acquire, by purchase, grant, or condemnation pursuant to Title 70, chapter 30, an air right, aviation easement, or other estate or interest in the property or nonconforming structure or use that is necessary to effectuate the purposes of this chapter. The governing body of the political subdivision may acquire an interest when:

(1) it is desirable to remove, lower, or otherwise terminate a nonconforming structure or use;

(2) the necessary approach protection cannot, because of constitutional limitations, be provided by airport affected area regulations under this chapter; or

(3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport affected area regulations.
Mont. Code Ann. § 67-1-206 — MT Code / Title 67 / Chapter 1 / Part 2 / Section 67-1-206
67-1-206 Interpretation
Status: in_force

67-1-206 . Interpretation. This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronautics.
Mont. Code Ann. § 67-11-103 — MT Code / Title 67 / Chapter 11 / Part 1 / Section 67-11-103
67-11-103 Regional airport authority
Status: in_force

67-11-103 . Regional airport authority. (1) Two or more municipalities may by joint resolution create a public body, corporate and politic, to be known as a regional airport authority. The resolution creating a regional airport authority must create a board of not less than five commissioners; the number to be appointed, their term and compensation, if any, must be provided for in the resolution. Each regional airport authority shall organize, select officers for terms to be fixed by agreement, and adopt and amend from time to time rules for its own procedure consistent with 67-11-104 .

(2) A regional airport authority may be increased to serve one or more additional municipalities if each additional municipality and each of the municipalities then included in the regional authority and the commissioners of the regional authority, respectively, adopt a joint resolution consenting to the increase. If a municipal airport authority for any municipality seeking to be included in the regional authority is then in existence, the commissioners of the municipal authority shall consent to the inclusion of the municipality in the regional authority. Upon the inclusion of any municipality in the regional authority, all rights, contracts, obligations, and property, real and personal, of the municipal authority must be in the name of and vest in the regional authority.

(3) A regional airport authority may be decreased if each of the municipalities then included in the regional authority and the commissioners of the regional authority consent to the decrease and make provisions for the retention or disposition of its assets and liabilities.

(4) A municipality may not adopt any resolution authorized by this section without a public hearing on the resolution. Notice of the hearing must be given at least 10 days prior to the hearing in a newspaper published in the municipality or, if there is no newspaper published in the municipality, in a newspaper having general circulation in the municipality.

(5) For the purpose of this chapter, a regional airport authority has the same powers as all other political subdivisions in the adoption and enforcement of airport affected area regulations as provided for in this title.
Mont. Code Ann. § 67-1-303 — MT Code / Title 67 / Chapter 1 / Part 3 / Section 67-1-303
67-1-303 Airline property tax -- state airports
Status: in_force

67-1-303 . Airline property tax -- state airports. (1) Within 30 days of receipt, the county treasurer shall transmit to the department of revenue 90% of the property tax collected on property of airline companies by reason of a state airport being located in the county.

(2) The department of revenue shall place the money in the aeronautics operations account provided for in 67-1-308 for the purposes provided for in 67-1-301 (3)(a).
Mont. Code Ann. § 67-10-104 — MT Code / Title 67 / Chapter 10 / Part 1 / Section 67-10-104
67-10-104 Construction
Status: in_force

67-10-104 . Construction. This chapter shall be so interpreted and construed as to make uniform so far as possible the laws and regulations of this state and other states and of the government of the United States having to do with the subject of municipal airports.
Mont. Code Ann. § 67-7-212 — MT Code / Title 67 / Chapter 7 / Part 2 / Section 67-7-212
67-7-212 Permit system
Status: in_force

67-7-212 . Permit system. (1) The regulations adopted pursuant to this chapter must provide for a permit system for erecting new structures or trees, changing uses of land or structures, and substantially altering, repairing, or replacing existing structures or replacing existing trees within the airport affected area.

(2) A permit may not be granted that would allow the establishment of an airport hazard or that would allow a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of the designation of the airport affected area and the regulations adopted to protect the airport affected area.

(3) A permit granted pursuant to this chapter may require the owner of a structure or tree to allow the governing body, at the owner's expense, to install, operate, and maintain the lights and markers necessary to warn pilots of the presence of an airport hazard.
Mont. Code Ann. § 67-1-204 — MT Code / Title 67 / Chapter 1 / Part 2 / Section 67-1-204
67-1-204 Lawfulness of flight and landings
Status: in_force

67-1-204 . Lawfulness of flight and landings. (1) Flight in aircraft over the lands and waters of this state is lawful, unless it is at such a low altitude as to interfere with the then-existing use to which the land or water or the space over the land or water is put by the owner or unless conducted as to be imminently dangerous to persons or property lawfully on the land or water or in violation of the air commerce regulations that have been or may be promulgated by the department of transportation of the United States.

(2) Aircraft landings and takeoffs from the public waters of this state are lawful if proper safety precautions regarding public waters, as prescribed in 14 CFR, part 91, are taken prior to the landing or takeoff, except as otherwise provided by this section.

(3) Aircraft landings and takeoffs from public roads in this state are lawful if proper safety precautions, as approved by the governing jurisdiction of the roads, are taken prior to the landing or takeoff, except as otherwise provided in this section. However, the local governing jurisdiction may not incur liability as a result of an approval under this subsection.

(4) A person may not operate an aircraft, as pilot of the aircraft, either in the air, on the water, or on the ground, in a careless or reckless manner so as to endanger the life or property of others, including the aircraft being operated and passengers carried in the aircraft.

(5) The willful and malicious use of aircraft in stunting or diving over livestock in a manner calculated to frighten or stampede them is an unlawful use of aircraft, and actual and punitive damages, in addition to the penalties provided by this part, may be recovered in an action for damages caused by the willful and malicious use of the aircraft. As used in this subsection, "livestock" includes ostriches, rheas, and emus.

(6) The landing of an aircraft on the private lands or waters of another without consent is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the pilot is liable for actual damage caused by the forced landing.

(7) A person may not knowingly operate, attempt to operate, or be in actual physical control of an aircraft while under the influence of alcohol or drugs. "Under the influence" means that as a result of taking into the body alcohol, drugs, or any combination of alcohol and drugs, a person's ability to safely operate the aircraft has been diminished to the slightest degree.

(8) A person having information regarding a violation of subsection (7) shall report the information to the department.
Mont. Code Ann. § 67-1-105 — MT Code / Title 67 / Chapter 1 / Part 1 / Section 67-1-105
67-1-105 Penalties
Status: in_force

67-1-105 . Penalties. Unless otherwise provided, any person violating any of the provisions of chapters 1 through 3, except 67-3-212 , or any of the rules or orders issued pursuant thereto is guilty of a misdemeanor and punishable by a fine of not more than $500 or by imprisonment in a county jail for not more than 90 days, or both.
Mont. Code Ann. § 67-10-405 — MT Code / Title 67 / Chapter 10 / Part 4 / Section 67-10-405
67-10-405 Federal and state money
Status: in_force

67-10-405 . Federal and state money. (1) A municipality may accept, receive, receipt for, disburse, and spend federal and state money and other money, public or private, made available by grant or loan or both to accomplish any of the purposes of this chapter. All federal money accepted under this section must be accepted and spent by the municipality upon terms and conditions prescribed by the United States and consistent with state law. All state money accepted under this section must be accepted and spent by the municipality upon terms and conditions prescribed by the state. Unless otherwise prescribed by the agency from which the money is received, the chief financial officer of the municipality shall on its behalf deposit and keep all money received pursuant to this section in separate funds, designated according to the purposes for which the money is made available, in trust for those purposes.

(2) No application may be made by a municipality for federal aid, as provided in this section, unless the "project application", as defined in the Federal Airport Act of 1946 and regulations of the administrator of civil aeronautics, is first approved by the department.

(3) A municipality may, with the approval and consent of the department, designate the department as its agent to accept, receive, receipt for, and disburse federal and state money and other money, public or private, made available by grant or loan or both to accomplish any of the purposes of this chapter. A municipality may, with the consent of the department, designate the department as its agent in contracting for and supervising the planning, acquisition, development, construction, improvement, or equipment of an airport or other air navigation facility. All contracts made, let, or awarded by the department acting as agent of a municipality under this section must be made, let, or awarded pursuant to the laws governing the making of contracts by or on behalf of the state. The municipality may enter into an agreement with the department providing for payment to the department for services rendered as agent and prescribing the terms and conditions of the agency, in accordance with terms and conditions prescribed by the United States, if federal money is involved and in accordance with applicable state law. All federal money accepted under this section by the department must be accepted and transferred or spent by the department upon terms and conditions prescribed by the United States. All money received by the department under this subsection must be deposited in the state treasury and, unless otherwise prescribed by the agency from which the money is received, must be kept in separate funds designated according to the purposes for which the money is made available and held by the state in trust for those purposes.
Mont. Code Ann. § 67-7-103 — MT Code / Title 67 / Chapter 7 / Part 1 / Section 67-7-103
67-7-103 Definitions
Status: in_force

67-7-103 . Definitions. (1) Except as provided in subsection (2)(b), the definitions in 67-1-101 apply to this chapter.

(2) In this chapter, the following definitions also apply:

(a) "Airport affected area" means the land and space above the ground surface of an airport in the proximity of the airport, the use of which may be affected by the airport's existence, including the areas described in 14 CFR, part 77.

(b) "Governing body" means a city commission, town council, county commission, or the commissioners of a municipal or regional airport authority.
Mont. Code Ann. § 67-11-101 — MT Code / Title 67 / Chapter 11 / Part 1 / Section 67-11-101
67-11-101 Short title
Status: in_force

67-11-101 . Short title. This chapter may be cited as the "Airport Authorities Act".
Mont. Code Ann. § 67-7-204 — MT Code / Title 67 / Chapter 7 / Part 2 / Section 67-7-204
67-7-204 State lands
Status: in_force

67-7-204 . State lands. When an airport affected area lies partially or entirely on state-owned lands, the department of natural resources and conservation shall administer the affected lands in conformance with the airport affected area regulations adopted by the local governing body.
Mont. Code Ann. § 67-3-203 — MT Code / Title 67 / Chapter 3 / Part 2 / Section 67-3-203
67-3-203 Registration application -- payment of fees -- deposit of fees
Status: in_force

67-3-203 . Registration application -- payment of fees -- deposit of fees. (1) The owner of an aircraft subject to the fee in lieu of property tax must submit an application for registration or registration renewal to the department on or before March 1 of each year. The application must be accompanied by the fee in lieu of tax prescribed in 67-3-206 .

(2) An aircraft subject to the fee in lieu of tax may not be registered until payment of the fee is made to the department.

(3) All fees paid to the department for registration must be deposited to the account established in 67-3-205 .
Mont. Code Ann. § 67-11-106 — MT Code / Title 67 / Chapter 11 / Part 1 / Section 67-11-106
67-11-106 Cooperation of municipality
Status: in_force

67-11-106 . Cooperation of municipality. For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of airports and air navigation facilities pursuant to the provisions of this chapter, any municipality for which an authority has been created upon such terms, with or without consideration, as it may determine, may:

(1) lend or donate money to the authority;

(2) provide that all or a portion of the taxes or funds available or to become available to or required by law to be used by the municipality for airport purposes be transferred or paid directly to the airport authority as such funds become available to the municipality;

(3) cause water, sewer, or drainage facilities or any other facilities which it is empowered to provide to be furnished adjacent to or in connection with such airports or air navigation facilities;

(4) dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses, or any other rights or privileges therein to the authority;

(5) furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, and walks from established streets or roads to such airports or air navigation facilities;

(6) do any and all things, whether or not specifically authorized in this section and not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with the authority in the planning, undertaking, construction, or operation of airports and air navigation facilities; and

(7) enter into agreements with the authority respecting action to be taken by the municipality pursuant to the provisions of this section.
Mont. Code Ann. § 67-1-305 — MT Code / Title 67 / Chapter 1 / Part 3 / Section 67-1-305
67-1-305 Terminated
Status: in_force

67-1-305 . Terminated. Sec. 17, Ch. 642, L. 1993.
Mont. Code Ann. § 67-7-303 — MT Code / Title 67 / Chapter 7 / Part 3 / Section 67-7-303
67-7-303 Variance
Status: in_force

67-7-303 . Variance. (1) A person intending to erect or increase the height of a structure, permit the growth of a tree, or use property in a manner that is not in accordance with the requirements of the regulations adopted pursuant to this chapter may apply to the governing body or an enforcement officer appointed for this purpose by the governing body for a variance from the regulations.

(2) If an enforcement officer has been appointed by the governing body, the decision of the officer is final unless it is appealed to either the governing body or the airport appeals board, if one exists.

(3) A variance must be granted when a literal application or enforcement of the regulations would result in substantial practical difficulty or unnecessary hardship and when the variance would not be contrary to the public interest.

(4) A variance must be granted for a nonconforming use when there is no immediate hazard to safe flying operations or to persons and property in the vicinity of the airport and when the noise or vibrations from normal and anticipated normal airport operations would not be likely to cause damage to structures.

(5) A variance granted under this section may require the owner of a structure or tree to allow the political subdivision, at the owner's expense, to install, operate, and maintain the lights and markers necessary to warn pilots of the presence of an airport hazard.

(6) A person who builds a structure pursuant to a variance from the airport affected area regulations or who takes or buys property in an airport affected area for which a variance has been granted is on notice that the airport existed before the variance was granted and that normal and anticipated normal operations of the airport will result in noise, vibrations, and fumes being projected over the property. A person using a structure built pursuant to a variance may not collect damages from a governing body or local government or from an airport authority, airport operator, or airport owner for interference with the enjoyment of that structure caused by noise, vibrations, and fumes from normal and anticipated normal airport operations.
Mont. Code Ann. § 67-1-103 — MT Code / Title 67 / Chapter 1 / Part 1 / Section 67-1-103
67-1-103 Board of aeronautics
Status: in_force

67-1-103 . Board of aeronautics. (1) The board shall act in an advisory capacity to the department in matters pertaining to aeronautics.

(2) Regular meetings shall be held at the board's offices at Helena, but whenever the convenience of the public or of the parties may be promoted or delay or expense may be prevented, it may hold hearings or proceedings at any other place designated by it.
Mont. Code Ann. § 67-7-201 — MT Code / Title 67 / Chapter 7 / Part 2 / Section 67-7-201
67-7-201 Designation of airport affected area -- regulations required -- maps and descriptions required -- public hearing required -- effect of designation
Status: in_force

67-7-201 . Designation of airport affected area -- regulations required -- maps and descriptions required -- public hearing required -- effect of designation. (1) Subject to the provisions of subsection (5), a governing body of a political subdivision that owns or controls an NPIAS airport or that has an airport affected area for an NPIAS airport within its territorial limits or a joint board established pursuant to 67-7-202 shall, by ordinance or resolution, exercising its police power:

(a) designate an airport affected area within 1 year of April 19, 2005;

(b) concurrently adopt regulations for the airport affected area that comply with 67-7-203 ; and

(c) administer and enforce the regulations that are adopted.

(2) A governing body of a political subdivision that owns or controls a non-NPIAS airport or that has an airport affected area for a non-NPIAS airport within its territorial limits or a joint board established pursuant to 67-7-202 may, by ordinance or resolution, exercising its police power, designate an airport affected area. If the governing body or joint board makes the designation, it shall concurrently adopt regulations for the airport affected area that may comply with 67-7-203 and shall administer and enforce the regulations.

(3) The airport affected area may not be less than 10,000 feet from the thresholds of each runway or less than 1 mile wide on each side of each runway unless evaluations for a specific runway show that the accident data justifies a lesser area. A greater area may be regulated as an airport affected area if:

(a) studies have been conducted in accordance with 14 CFR, part 150, maps of the area have been prepared, and a program has been approved by the federal aviation administration; or

(b) the governing body intends to protect imaginary surfaces as provided in 14 CFR, part 77.

(4) The designation must be accompanied by maps and legal descriptions of the airport affected area. The maps must be filed with the clerk and recorder of each affected county and with the clerk of each affected city or town.

(5) (a) Before a governing body designates an airport affected area and adopts or amends regulations governing the airport affected area, the governing body shall hold at least one public hearing.

(b) The notice of the public hearing must be published as provided in 7-1-2121 if the governing body is a county commission or the commissioners of a regional airport authority and as provided in 7-1-4127 if the governing body is a city commission, a town council, or the commissioners of a municipal airport authority.

(6) After the designation of an airport affected area, a person may not recover from a local government, an airport authority, an airport operator, or an airport owner damages caused by noise, fumes, vibrations, light, or any other effects from normal and anticipated normal airport operations.
Mont. Code Ann. § 67-1-308 — MT Code / Title 67 / Chapter 1 / Part 3 / Section 67-1-308
67-1-308 Aeronautics operations account
Status: in_force

67-1-308 . Aeronautics operations account. (1) There is an aeronautics operations account in the state special revenue fund. Revenue from the aviation fuel tax must be deposited in the account to the credit of the department pursuant to 67-1-301 (3)(a).

(2) Money in the account must be used for the purpose of administering department functions pertaining to aeronautical powers and duties as provided in 67-2-101 .
Mont. Code Ann. § 67-1-302 — MT Code / Title 67 / Chapter 1 / Part 3 / Section 67-1-302
67-1-302 Industrial revenue projects
Status: in_force

67-1-302 . Industrial revenue projects. The board of aeronautics may exercise the power and authority of a municipality under Title 90, chapter 5, part 1, with respect to projects suitable for use by commercial enterprises providing scheduled air transportation services primarily within the state if such projects are located within or based and used primarily within the state. For purposes of this section, the board of aeronautics shall be considered a municipality and a governing body thereof under Title 90, chapter 5, part 1, and shall give notice of the public hearing required by 90-5-104 in three newspapers published and circulating generally in the state and shall not issue any bonds unless it appears, after the public hearing, that the acquisition or improvements of the project is in the public interest of the state. For purposes of this section, projects suitable for commercial enterprises providing scheduled air transportation services shall include but are not limited to aircraft parts, aircraft, hangars, storage and aircraft maintenance facilities, fuel facilities, and other personal or real property suitable for use by a scheduled air transportation enterprise.
Mont. Code Ann. § 67-1-301 — MT Code / Title 67 / Chapter 1 / Part 3 / Section 67-1-301
67-1-301 Money -- receipt and disbursement
Status: in_force

67-1-301 . Money -- receipt and disbursement. (1) All costs and expenses of administering this title, including the salaries of employees of the department engaged in functions pertaining to aeronautics, the expenses of members of the board, and all other disbursements necessary to carry out the purposes of this title, must be paid out of the following revenue:

(a) all gifts and all legislative appropriations to the department for aeronautics; and

(b) all money received from any branch or department of the federal government or from other sources for the purposes of this title or for the furtherance of aeronautics generally in this state.

(2) All money collected under subsection (1) must be deposited in the state treasury to the credit of the department.

(3) The following amounts must be deposited from the proceeds of the tax imposed on aviation fuel by 15-70-403 (1)(c):

(a) in the aeronautics operations account provided for in 67-1-308 , an amount equal to the proceeds of 0.5 cents a gallon collected under 15-70-403 (1)(c) for the sole purpose of carrying out department functions pertaining to aeronautics;

(b) in the airport grant account provided for in 67-1-309 , an amount equal to the proceeds of 4.5 cents a gallon.

(4) Proceeds of all repayments of loans, including interest, made under 67-1-307 must be deposited in the account provided for in 67-1-306 .

(5) The gasoline tax imposed by the laws of this state on aviation fuel purchased and used for the operation of airplanes or aircraft may not be refunded.
Mont. Code Ann. § 67-7-305 — MT Code / Title 67 / Chapter 7 / Part 3 / Section 67-7-305
67-7-305 Injunction
Status: in_force

67-7-305 . Injunction. A local governing body may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of this chapter or the regulations adopted pursuant to this chapter.
Mont. Code Ann. § 67-1-307 — MT Code / Title 67 / Chapter 1 / Part 3 / Section 67-1-307
67-1-307 Aeronautical loans
Status: in_force

67-1-307 . Aeronautical loans. Money deposited in the account created in 67-1-306 may, with the approval of the board, be used only to provide loans to local governments and state agencies for aeronautical purposes, including airport improvement. The board shall establish procedures, including the interest rate charged, for providing loans. Proceeds of all repayments of loans, including interest, made under this section must be deposited in the account created in 67-1-306 .
Mont. Code Ann. § 67-11-301 — MT Code / Title 67 / Chapter 11 / Part 3 / Section 67-11-301
67-11-301 Municipal tax levy
Status: in_force

67-11-301 . Municipal tax levy. The airport authority may certify annually to the governing bodies the amount of tax requested to be levied by each municipality participating in the creation of the airport authority, and subject to 15-10-420 , the municipality shall levy the amount certified, pursuant to provisions of law authorizing cities and other political subdivisions of this state to levy taxes for airport purposes. The levy may not exceed the maximum levy that may have been established by the municipality or municipalities in the resolution creating the authority. The municipality shall collect the taxes certified by an airport authority in the same manner as other taxes are levied and collected and make payment to the airport authority. The proceeds of the taxes paid to the airport authority must be deposited in a special account or accounts in which other revenue of the authority is deposited and may be expended by the authority as provided for in this chapter. Prior to the issuance of bonds under 67-11-303 , the airport authority or the municipality may by resolution covenant that the total amount of the taxes authorized by law or the portion of the taxes specified by the resolution will, subject to 15-10-420 , be certified, levied, and deposited annually until the bonds and interest are fully paid.
Mont. Code Ann. § 67-7-304 — MT Code / Title 67 / Chapter 7 / Part 3 / Section 67-7-304
67-7-304 Penalty
Status: in_force

67-7-304 . Penalty. A person who violates the provisions of this chapter or the regulations adopted under 67-7-203 is subject to a civil penalty and a criminal penalty. The civil penalty is a fine of $100 for each day that the violation is not remedied after the governing body has given notification of the violation and held a hearing on the violation. The criminal penalty is a fine of $500, pursuant to 45-2-104 .
Mont. Code Ann. § 67-11-232 — MT Code / Title 67 / Chapter 11 / Part 2 / Section 67-11-232
67-11-232 Airport property -- disposal
Status: in_force

67-11-232 . Airport property -- disposal. Except as may be limited by the terms and conditions of any grant, loan, or agreement authorized by 67-11-305 , an authority may, by sale, lease, or otherwise, dispose of any airport, air navigation facility, or other property or portion of or interest in an airport or facility acquired pursuant to this chapter. The disposal by sale, lease, or otherwise must be in accordance with the adopted rules of the authority, which rules must be approved by the local governing body, for the disposal of county property, except that in the case of disposal to another authority, a municipality, or an agency of the state or federal government for use and operation as a public airport, the sale, lease, or other disposal may be effected in a manner and upon terms as the commissioners of the authority consider to be in the best interest of civil aviation.