justicedao/ipfs_state_laws huggingface dataset:
738-080-0015 Definitions (1) “Aircraft” means any contrivance used or designed for navigation of flight in the air. Examples include, but are not limited to, airplane or rotorcraft (helicopter, gyrocopter or autogyro). Aircraft specifically does not mean a one-person motorless glider that is launched from the earth’s surface solely by the operator’s power. (2) “Commercial Use” means the conduct of aeronautical activity by means of business, concession, operation, or agency in order to provide goods or services to any person for compensation or hire. An activity for compensation or hire is considered a commercial activity regardless of whether the business is for-profit, nonprofit, charitable, or tax-exempt. (3) “Department” means the Oregon Department of Aviation (ODA). (4) “Educational Institution” has the same meaning given that term in ORS 837.360(1). (5) “Manned Aircraft” means an aircraft or spacecraft transporting or operated by direct physical contact from a human or humans. (6) “Model Aircraft” means an aircraft that is operated purely for recreational or hobby purposes without the possibility of direct human intervention from within or on the aircraft. (7) “Private Use Aircraft” means aircraft operated by citizens, not operated for profit, and not owned or operated by a public body. (8) “Public Body” has the same meaning given that term in ORS 837.300(3). (9) “Public Use Aircraft” means aircraft under control of and in operation by a public body, excluding military or federal government aircraft. (10) “Recreational Aircraft” means aircraft that is operated purely for recreational or hobby purposes, not operated for profit, and not by a public body. (11) “Unmanned Aircraft System” (UAS) has the same meaning given that term in ORS 837.300(4). Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.112 & 837.360 History: AVIA 2-2020, amend filed 02/18/2020, effective 02/18/2020 AVIA 2-2019, amend filed 01/22/2019, effective 01/22/2019 AVIA 5-2015, f. & cert. ef. 12-15-15
738-080-0020 Federal Aircraft and UAS All Civil Air Patrol aircraft and UAS controlled by the Oregon Wing, and used primarily for search and rescue training exercises or missions, shall be registered in accordance with applicable state statutes with the exception that the annual Oregon aircraft or UAS registration fee will not be required. All aircraft and UAS owned and controlled by the United States Federal Government are exempt from Oregon aircraft registration. Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.112 & 837.005 History: AVIA 2-2020, amend filed 02/18/2020, effective 02/18/2020 AVIA 2-2019, amend filed 01/22/2019, effective 01/22/2019 AVIA 5-2015, f. & cert. ef. 12-15-15 1AD 2-1984, f. & ef. 7-31-84
738-080-0030 Temporary Exemption from Registration of Manned Aircraft (1) Aircraft not physically capable of operation or flight may be temporarily exempt from the requirement of annual registration by the Department. “Not physically capable of operation or flight” means an aircraft is not capable of being operated in forward motion on the ground or in flight and the incapability does not arise from the need for preventive maintenance or repairs to the aircraft such as flat tires, broken windows or other short term maintenance items that are normally required or from the aircraft being grounded because it has not had inspections required by the Federal Aviation Administration. (2) An aircraft that is under construction, or one that is disassembled waiting reassembly, may be exempt from registration until it is physically capable of operation or flight. (3) An aircraft owner who believes an aircraft is not physically capable of operation or flight must submit a signed “Request for Temporary Exemption” statement giving the reasons why it should be temporarily exempt from registration. The statement must be received by the Department 30 days before the aircraft registration expiration deadline to allow time for the Director or designee to determine the eligibility for exemption from registration. (4) The Director or designee shall make the final determination as to which aircraft may be temporarily exempt from registration. (a) If the exemption is denied, the aircraft owner will be notified. The owner must then submit the appropriate aircraft registration fee to the Department within 30 days of notification that the exemption is denied. (b) An aircraft owner may request an informal review of the Director or designee’s decision after payment of the appropriate registration fee has been submitted. Such review consists of an informal discussion with the Director or designee about the aircraft’s status. (c) A temporary exemption from registration under this rule will be effective for one year from the registration deadline. A new exemption statement must be submitted each year within the time frame specified in paragraph (3) of this rule. Statutory/Other Authority: ORS 835.035, 835.112 & 837.005 Statutes/Other Implemented: ORS 835.035 & 835.112 History: AVIA 2-2020, amend filed 02/18/2020, effective 02/18/2020 AVIA 2-2017, f. 4-26-17, cert. ef. 4-28-17 AVIA 5-2015, f. & cert. ef. 12-15-15 AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 AERO 1-1991, f. & cert. ef. 5-21-91 1AD 1-1985, f. & ef. 12-20-85
738-080-0045 Public Body Registration of Unmanned Aircraft System (UAS) (1) Before flying any UAS, a public body, other than an educational institution shall register the UAS with the Department. (a) Prior to registration with the Department, the public body shall register each UAS with the Federal Aviation Administration. (b) At registration, the public body shall provide: (A) The name of the public body; (B) The name and contact information of the individual(s) who operate the UAS on behalf of the public body; and (C) Year, make, model, serial number, weight class (under 55 pounds/55 pounds or greater), and color of the UAS; and FAA registration number. (c) The registration fee for each UAS weighing less than 55 pounds is $25. The registration fee for each UAS weighing 55 pounds or more is $50. (2) Before flying any UAS, an educational institution shall register as a user of UAS with the Department. (a) The registration requirement in this rule does not supersede or modify any registration requirement that may be imposed by the Federal Aviation Administration. (b) At registration, the educational institution shall provide: (A) the name of the educational institution; (B) the name, title and contact information of the department head(s), program manager(s), or other person(s) who supervise or direct the operation of UAS on behalf of the educational institution; and (C) the name, title and contact information of the department head(s), program manager(s), or other person(s) responsible for the maintenance of records as described in OAR 738-080-0050(2). (c) There is no registration fee for an educational institution to register as a user of UAS. Statutory/Other Authority: ORS 835.035, 835.112 & 837.360 Statutes/Other Implemented: ORS 835.035, 835.112 & 837.360 History: AVIA 2-2020, amend filed 02/18/2020, effective 02/18/2020 AVIA 2-2019, amend filed 01/22/2019, effective 01/22/2019 AVIA 2-2018, amend filed 10/22/2018, effective 10/22/2018 AVIA 1-2018, temporary amend filed 05/18/2018, effective 05/18/2018 through 11/13/2018 AVIA 4-2017, f. & cert. ef. 7-12-17 AVIA 4-2015, f. & cert. ef. 12-15-15
738-080-0050 Public Body Reporting on Use of Unmanned Aircraft System (UAS) (1) A public body (other than an educational institution) which has registered UAS as described in OAR 738-080-0045(1) shall provide an annual written report to the Department which provides the information described in ORS 837.360(7)(a). The report must be submitted by January 31 for the preceding calendar year. (2) An educational institution which has registered as a user of UAS as described in OAR 738-080-0045(2) shall maintain written records of the educational institution’s use of UAS. Such records shall be retained consistent with the educational institution’s public records retention schedule and made available for inspection consistent with Oregon Public Records Law. The records must be prepared annually and include the following information: (a) The designation of the department(s), division(s), program(s) or unit(s) within the education institution which use(s) UAS; (b) A summary of the purposes of UAS use in each department, division, program or unit within the education institution which uses UAS; (c) A summary of the frequency of use of the UAS by each department, division, program or unit within the education institution which uses UAS; and (d) A brief statement of whether the educational institution uses UAS in coordination with or on behalf of a law enforcement agency. Statutory/Other Authority: ORS 835.035, 835.112 & 837.360 Statutes/Other Implemented: ORS 835.035, 835.112 & 837.360 History: AVIA 2-2020, adopt filed 02/18/2020, effective 02/18/2020
738-090-0010 Purpose The purpose of this division is to carry out the requirements of ORS 836.610. This division: (1) Defines terminology used in the division; (2) Identifies publicly owned airports registered, licensed or otherwise recognized by the Oregon Department of Aviation on or before December 31, 1994, that in 1994, were the base for three or more aircraft; (3) Identifies privately owned public-use airports that: (a) Provide important links in air traffic in this state; (b) Provide essential safety or emergency services; or (c) Are of economic importance to the county where the airport is located; and (4) Establishes a process for adding an airport to or deleting an airport from the listings of airports established in OAR 738-090-0030. Statutory/Other Authority: ORS 184.616, 184.619 & 836.610 Statutes/Other Implemented: ORS 836.610 History: AERO 1-1999, f. & cert. ef. 3-25-99
738-090-0030 Airport Listings (1) The list of airports required by ORS 836.610(1) is as follows: (a) Publicly owned airports registered, licensed or otherwise recognized by the Department on or before December 31, 1994, that in 1994 were the base for three or more aircraft, are as follows: [Exhibit 1. See ED. NOTE.] (b) Privately owned, public use airports that provide important links in air traffic in this state; provide essential safety or emergency services; or are of economic importance to the county where the airport is located, are as follows: [Exhibit 2. See ED. NOTE.] (2) Information to be considered in determining whether the criteria listed in subsection (1)(b) of this rule have been met are in OAR 738-090-0050. (3) The Department will, at least every five years, review and update the listings of airports in this rule to add or remove airports from the listings as required by ORS 836.610(3). The Board will consider applications by airport sponsors for inclusion on the list, outside of the five-year review and update, as provided in OAR 738-090-0040. [ED. NOTE: Exhibits referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 835.035, 835.112 & 836.610 Statutes/Other Implemented: ORS 836.610 History: AVIA 5-2017, f. & cert. ef. 7-12-17 AVIA 1-2004, f. & cert. ef. 2-17-04 AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 AERO 1-1999, f. & cert. ef. 3-25-99
738-090-0060 Removing an Airport from Listings Airports shall be removed from the listing of airports established in OAR 738-090-0030 only upon: (1) Request of the airport owner; or (2) Closure of the airport for a period of more than three years. Statutory/Other Authority: ORS 184.616, 184.619 & 836.610 Statutes/Other Implemented: ORS 836.610 History: AERO 1-1999, f. & cert. ef. 3-25-99
738-100-0010 Purpose (1) Except as provided in section (2) of this rule, notice of a public hearing on a land-use permit or a zone change and notice of a decision on a land-use permit pursuant to ORS 215.223, 215.416 and 227.175 shall be provided to owners of public-use airports by the respective city and county planning authorities if: (a) The name and address of the airport owner has been provided by the Oregon Department of Aviation (Department) to the appropriate city or county planning authority; (b) The property subject to the land-use permit or zone change is: (A) Within 5,000 feet of the sides or ends of a runway determined by the Department to be a "visual airport"; or (B) Within 10,000 feet of the sides or ends of the runway of an airport determined by the Department to be an "instrument airport.” (2) Notice of a public hearing on a land-use permit or zone change or notice of a decision on a land-use permit need not be provided as set forth in section (1) of this rule if that land-use permit or zone change would only allow a structure of less than 35 feet in height and the property is located outside the runway "approach surface,” as defined in OAR 738-070-0120, or on property controlled by the airport. (3) The failure of an airport owner to receive notice, which was mailed, shall not invalidate any land-use permit or zone change. (4) This rule shall define terms used in Chapter 106, Oregon Laws 1987 and specify the dimensions of the approach surfaces for the various classifications of airports. (5) In addition to the owner of a public-use airport, a copy of any notice of a land-use action for any affected airport shall, at the same time, be sent to the Oregon Department of Aviation, 3040 25th Street S.E., Salem, OR 97302-1125. Statutory/Other Authority: ORS 184 Statutes/Other Implemented: ORS 836.325 History: AVIA 1-2004, f. & cert. ef. 2-17-04 AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 AERO 4-1987, f. & ef. 12-15-87
738-100-0020 Interagency Coordination (1) Oregon Department of Aviation shall: (a) Prepare and provide to the planning authority of each city and county a list of all public-use airports within that jurisdiction, along with the name and address of the owner of each airport. These airports shall be separated into classifications such as: (A) Visual; (B) Instrument. (b) The Department shall notify the affected cities or counties if there is any change in the information for any of the airports within the respective jurisdictions or if the dimensions or other data change for any of the airports; (c) The Department shall prepare and provide to each city and county with an airport, a drawing showing the dimensions and slope of the approach surface for each applicable classification of airport as indicated in OAR 738-100-0015(1). (2)(a) Each city and county planning authority shall provide, to the owner of a public-use airport, and to the Department, a notice of public hearing on a land-use permit or a zone change and a notice of a decision on a land-use permit within the notification area of any public-use airport within its jurisdiction. (b) Notice of a public hearing on a land-use permit or a zone change or notice of a decision on a land-use permit need not be provided as set forth in section (1) of this rule if that land-use permit or zone change would only allow a structure of less than 35 feet in height and the property is located outside the runway “approach surface,” as defined by this rule, or on property controlled by the airport. Statutory/Other Authority: ORS 184 Statutes/Other Implemented: ORS 836.325 History: AERO 4-1987, f. & ef. 12-15-87
738-100-0030 Notice (1) The notice to owners of affected public-use airports shall be in the same form as provided to any property owner affected by a land-use permit or zone change as described in ORS 215.223, 215.416 and 227.175. (2) The failure of an airport owner to receive notice, which was mailed, shall not invalidate any land-use permit or zone change. (3) Providing notice to owners of public-use airports is for the purpose of furnishing notice only and shall not be in any way interpreted as giving an airport owner any more standing than any other landowner receiving notice in similar circumstances. Statutory/Other Authority: ORS 184 Statutes/Other Implemented: ORS 836.325 History: AERO 4-1987, f. & ef. 12-15-87
738-100-0035 Advisory Even though notice of hearing or decision may not be required under OAR 738-100-0020(2), the proponent of any construction may still be required to submit Federal Aviation Administration Form 7460-1 to the Northwest Mountain Region, Federal Aviation Administration (FAA), Seattle, Washington, with a copy to the Oregon Department of Aviation. Form 7460-1 can be obtained from the Federal Aviation Administration or the Oregon Department of Aviation. While this does not require city and county planning authorities to advise proponents of construction of the Federal Aviation Administration requirement, it is hoped that the planning authorities can provide such information. Statutory/Other Authority: ORS 184 Statutes/Other Implemented: ORS 836.325 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 AERO 4-1987, f. & ef. 12-15-87
738-124-0010 Purpose (1) ORS 319.023 requires the Department of Aviation to establish and administer a program to distribute a portion of aircraft fuel taxes submitted to the State of Oregon under ORS 319.020(2) and ORS 319.330(1) for qualifying airport related projects. The Department therefore establishes the Aviation System Action Program (ASAP) fund to administer the funds in accordance with ORS 319.023(5) and (6). (2) In accordance with ORS 319.023(5), the Department establishes the Critical Oregon Airport Relief (COAR) program to distribute seventy-five percent of the ASAP funding for the following purposes: (a) To assist airports in Oregon with match requirements for Federal Aviation Administration grants. (b) To make grants for emergency preparedness and infrastructure projects, in accordance with the Oregon Resilience Plan or the Oregon Aviation Plan. (c) To make grants for: (A) Services critical or essential to aviation, including but not limited to, fuel, sewer, water, navigational aids and weather equipment; (B) Aviation-related business development, including but not limited to, hangars, parking for business aircraft and related facilities; or (C) Airport development for local economic benefit, including but not limited to signage and marketing. (D) To assist commercial air service to rural Oregon. (3) The Department also establishes the State-Owned Airports Reserve (SOAR) program to distribute twenty-five percent of the remaining ASAP funding in accordance with ORS 319.023(6) for the purposes of: (a) Safety improvements, including maintenance; and (b) Infrastructure projects on state-owned airports. Statutory/Other Authority: ORS 835.035, ORS 835.040, ORS 835.112 & ORS 319.023 Statutes/Other Implemented: ORS 835.025, ORS 835.035 & ORS 319.023 History: AVIA 2-2024, amend filed 06/25/2024, effective 07/01/2024 AVIA 4-2022, amend filed 08/29/2022, effective 08/29/2022 AVIA 1-2020, amend filed 02/13/2020, effective 02/13/2020 AVIA 4-2016, f. & cert. ef. 10-31-16 AVIA 1-2016(Temp), f. & cert. ef. 5-11-16 thru 11-4-16
738-124-0030 COAR Application Eligibility (1) The Department will submit an application to ARC for review pursuant to OAR 738-124-0020 only if, after Department review, the Department determines the application satisfies the eligibility criteria in this rule. (2) An application for a COAR grant is eligible for ARC review only if it satisfies all of the following: (a) The project for which the COAR grant will be used has not been completed prior to the application deadline set by the Department. (b) The project is for an airport that is open to flight operations by the public. (c) The Applicant is: (A) A publicly owned airport; (B) An Oregon public use airport; (C) A public use airport sponsor; or (D) A privately owned airport if the airport is available for public use. Applicant must provide proof of public use to the satisfaction of the Department. (3) An application is ineligible for COAR funding if: (a) The Applicant seeks COAR funding to fulfill a match requirement for a project or program that is funded with other Department funds ; or (b) The project to which the funds will be applied is prohibited by the Revenue Use Policy. (4) If the Department determines that an application is ineligible, it will not submit the application to ARC for review. Statutory/Other Authority: ORS 319.020, ORS 319.023(5), ORS 835.025 & ORS 835.035 Statutes/Other Implemented: ORS 835.025, ORS 835.035 & ORS 319.023 History: AVIA 2-2024, amend filed 06/25/2024, effective 07/01/2024 AVIA 4-2022, amend filed 08/29/2022, effective 08/29/2022 AVIA 1-2020, amend filed 02/13/2020, effective 02/13/2020 AVIA 4-2016, f. & cert. ef. 10-31-16 AVIA 1-2016(Temp), f. & cert. ef. 5-11-16 thru 11-4-16
738-124-0040 Maximum COAR Grant Award and Recipient Financial Matching Requirements (1) The aggregate maximum grant award that a Recipient may receive under the COAR program is $150,000 per project, regardless of the number of applications filed for the project. (2) COAR Financial matching requirements. (a) Minimum financial match requirements are based on the category of airport at which the project will be implemented, as listed in Department policy ODAV-033.. By category, the minimum financial match requirements are: (A) Category 1 (i) Commercial Primary: 50% of the total eligible project costs (ii) Other Commercial Non-Primary (less than 10,000 enplanements): 35% of the total eligible project costs (B) Category 2 – Business: 25% of the total eligible project costs (C) Category 3 – Regional: 10% of the total eligible project costs (D) Category 4 – Community: 10% of the total eligible project costs (E) Category 5 – Low Activity: 5% of the total eligible project costs (b) For applications filed for assistance with FAA or other state or federal grant match requirements, the eligible project cost equals (i) the FAA grant match amount less (ii) any non-FAA, non-Applicant project funding sources, for example, Connect Oregon funds. The resulting eligible project cost is subject to the minimum financial match requirements described above. Statutory/Other Authority: ORS 835.035, ORS 835.040, ORS 835.112 & ORS 319.023 Statutes/Other Implemented: ORS 835.025, ORS 835.040 & ORS 319.023 History: AVIA 1-2025, amend filed 12/09/2025, effective 01/01/2026 AVIA 2-2024, amend filed 06/25/2024, effective 07/01/2024 AVIA 4-2022, amend filed 08/29/2022, effective 08/29/2022 AVIA 3-2020, minor correction filed 03/24/2020, effective 03/24/2020 AVIA 1-2020, amend filed 02/13/2020, effective 02/13/2020 AVIA 4-2016, f. & cert. ef. 10-31-16 AVIA 1-2016(Temp), f. & cert. ef. 5-11-16 thru 11-4-16