738-010-0025 Types of Rates, Charges and Fees Each user of an Oregon State-owned airport shall be charged one or more of the following types of rates, charges and fees for the use of the premises and the rights granted by the Department: (1) All leases of improved or unimproved state-owned land at state-owned airports shall include rent assessed at an annual rate per square foot. All rents and other charges for a lease of Department property shall reflect fair market rent as determined by first considering the fair market value established by the most recent appraisal of the property, if available, adjusted, if necessary, to reflect current lease market conditions as reflected in a market rent analysis conducted by a licensed real estate broker or a similar analysis conducted by Department staff experienced in such analysis. The market rent or similar analysis shall consider relevant circumstances including but not limited to whether the land is buildable and the restrictions, if any, that apply to the land. Lessees shall also pay all real property taxes and other taxes, if any, imposed on the leased property. (a) Rent shall be paid to the Department as follows: (A) Annually in full, with the first annual payment on or before the date the lease begins and subsequent payments on the anniversary date; (B) Monthly in equal installments, payable at the beginning of each month; or (C) By the terms of a payment-in-kind agreement that may constitute partial payment or full payment. The Department will determine and assign a value to payments in kind based upon a determination of the value of the goods, improvements or services actually received or to be provided. In kind payments are subject to rent escalation clauses. The determination of value will be based on an objective process which compares estimates obtained by the Department, the lessee or the proposed lessee from service providers for like services, goods or improvements. A payment-in-kind agreement and all documents used to determine payment-in-kind value must be retained in the lease file. Acceptance of an in kind payment offering requires documentation of an affirmative finding by the Department that the value of the in kind offering primarily benefits the airport generally rather than the individual lessee or the business of the individual lessee. Any payment-in-kind provision contained in an agreement executed before the effective date of this rule will be deemed valid. The Director must approve all payment-in-kind agreements prior to implementation. (b) In new or renewed leases where all or part of the capital improvements are constructed at the Department’s expense, the Department reserves the right to amortize all or part of the construction costs of the capital improvements, plus a reasonable rate of return as part of the rent, during the term of the lease. (2) A fuel flowage fee, not to exceed $0.12 per gallon, shall be assessed to each FBO for all types of fuel received from a commercial distributor. Fuel flowage fees shall be calculated from the FBO’s fuel flowage delivery report and shall be paid in full not later than two working days after the conclusion of the reporting period. (3) Each user with an agreement to access the State-owned airport property shall pay an access fee according to a published fee schedule. To ensure equity among all users, the schedule shall be based on the quantity and individual weight of user’s aircraft that will access the airport. (a) Each commercial operator shall pay a fee to the Department, either annually on the agreement anniversary date or monthly on or before the 25th, for the month then in process. (A) The fee shall be the greater of: (i) A fee for each aircraft based on the adjacent property, based on aircraft maximum gross landing weight as shown below; or (ii) A minimum guaranteed amount determined by Airport Category, as follows: $275.00 — Per month per Category II Airport. $175.00 — Per month per Category III and IV Airports. $75.00 — Per month per Category V Airport. (B) For multiple aircraft, payment shall be accompanied by a report listing each based aircraft showing aircraft class, N-number, aircraft type and the hangar or tiedown number where the aircraft is stored. (b) Each non-commercial operator shall pay a fee for each aircraft based on the adjacent property, based on aircraft’s maximum gross landing weight as set forth in Table 1 below. Payment is due either: (A) Annually on the anniversary date of the agreement; or (B) Monthly on or before the 25th, for the month then in process. (c) At residential airparks, access fees as set forth below shall be assessed for each developed lot with airport access, whether or not the access is being utilized. PER AIRCRAFT WEIGHT-BASED FEE FOR ALL STATE-OWNED AIRPORTS Aircraft Weight Class — Weight Range — Monthly Fee Per Aircraft. Class 1 — Up to 5,000 lbs — $15 per month. Class 2 — 5,001 to 10,000 lbs — $24 per month. Class 3 — 10,001 to 20,000 lbs — $44 per month. Class 4 — 20,001 to 30,000 lbs — $66 per month. Class 5 — 30,001 to 40,000 lbs — $88 per month. Class 6 — 40,001 lbs. and over — $120 per month. (4) The Department shall offer tiedown facilities to based and transient aircraft at specific State-owned airports. Based aircraft operators leasing an available tiedown shall pay rent for an entire year in full beginning at lease commencement and subsequently on each anniversary date of the lease, according to rates set forth below. To lease a tiedown please call the Department at (503) 378-4880, or email aviation.mail@state.or.us. (a) NON-COMMERCIAL TIEDOWN FEES: Category II Airports — $20 per month. Category III and IV Airports — $17.50 per month. Category V Airports — $15 per month. (b) COMMERCIAL TIEDOWN FEES: ODA shall rent tiedown facilities to FBOs wherever possible. ODA shall collect $10.00 per tiedown per month. The number of tiedowns rented by an FBO shall be stated in FBO’s lease contract with ODA. The tiedown fees shall be paid to ODA at the same interval as the lease payments as stated in the lease contract. For example: If an FBO leases 8 tiedowns, than the FBO would pay $80 per month, or $960 for the year. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 4-2015, f. & cert. ef. 12-15-15 Reverted to AVIA 2-2010, f. 6-9-10, cert. ef. 7-7-10 AVIA 1-2012(Temp), f. & cert. ef. 2-28-12 thru 8-26-12 AVIA 2-2010, f. 6-9-10, cert. ef. 7-7-10 AVIA 1-2010(Temp), f. & cert. ef. 1-7-10 thru 7-6-10 AVIA 2-2003, f. & cert. ef. 4-3-03 AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 AVIA 3-2002, f. 10-30-02 cert. ef. 11-1-02 1AD 2-1981, f. & ef. 4-20-81