justicedao/ipfs_state_laws huggingface dataset:
738-070-0100 Obstruction Standards (1) This rule establishes standards for determining obstructions to air navigation. It applies to existing and proposed manmade objects, objects of natural growth and terrain. The standards apply to the use of navigable airspace by aircraft and to existing air navigation facilities, such as an air navigation aid, airport, federal airway, instrument approach or departure procedure, or approved off-airway route. Additionally, they apply to a planned facility or use, or a change in an existing facility or use, if a proposal therefor is on file with the Federal Aviation Administration or the Oregon Department of Aviation. (2) At those airports having defined runways with specially prepared hard surfaces, the primary surface for each such runway extends 200 feet beyond each end of the runway. At those airports having defined strips or pathways that are used regularly for the taking-off and landing of aircraft and have been designated by appropriate authority as runways, but do not have specially prepared hard surfaces, each end of the primary surface for each such runway shall coincide with the corresponding end of the runway. At those airports, excluding seaplane bases, having a defined landing and take-off area with no defined pathways for the landing and taking-off of aircraft, a determination shall be made as to which portions of the landing and take-off area are regularly used as landing and takeoff pathways. Those pathways so determined shall be considered runways and an appropriate primary surface as defined in OAR 738-070-0120 will be considered as being longitudinally centered on each runway so determined, and each end of that primary surface shall coincide with the corresponding end of that runway. (3) The standards in this rule apply to the effect of construction or alteration proposals upon an airport if, at the time of filing of the notice required by OAR 738-070-0060, that airport is: (a) Available for public use and is listed in the current Federal Airport Directory or included in the State System as shown in the Oregon Aviation System Plan; or (b) A planned or proposed airport or an airport under construction that is the subject of a notice or proposal on file with the Federal Aviation Administration, and it is clearly indicated that that airport will be available for public use. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 1AD 2-1983, f. & ef. 2-14-83
738-070-0110 Standards for Determining Obstructions (1) An existing object, including a mobile object, is, and a future object would be, an obstruction to air navigation if it is of greater height than any of the following heights or surfaces: (a) A height of 500 feet above ground level at the site of the object; (b) A height that is 200 feet above ground level or above the established airport elevation, whichever is higher, within three nautical miles of the established reference point of an airport, excluding heliports, with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile of distance from the airport up to a maximum of 500 feet; (c) A height within a terminal obstacle clearance area, including an initial approach segment, a departure area, and a circling approach area, which would result in the vertical distance between any point on the object and an established minimum instrument flight altitude within that area or segment to be less than the required obstacle clearance; (d) A height within an enroute obstacle clearance area, including turn and termination areas, of a federal airway or approved off-airway route, that would increase the minimum obstacle clearance altitude; (e) The surface of a take-off and landing area of an airport or any imaginary surface established under OAR 738-070-0120 or 738-070-0130. However, no part of the take-off or landing area itself will be considered an obstruction. (2) Except for traverse ways on or near an airport with an operative ground traffic control service, furnished by an air traffic control tower or by the airport management and coordinated with the Federal Aviation Administration’s air traffic control service, the standards of section (1) of this rule apply to traverse ways used or to be used for the passage of mobile objects only after the heights of these traverse ways are increased by: (a) 17 feet for an interstate highway that is part of the National System of Military and Interstate Highways, where overcrossings are designed for a minimum of 17 feet vertical distance; (b) 15 feet for any other public roadway; (c) 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road; (d) 23 feet for a railroad; (e) For a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: 1AD 2-1983, f. & ef. 2-14-83
738-070-0130 Airport Imaginary Surfaces for Heliports (1) Heliport primary surface: The area of the primary surface coincides in size and shape with the designated take-off and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation. (2) Heliport approach surface: The approach surface begins at each end of the heliport primary surface with the same width as the primary surface, and extends outward and upward for a horizontal distance of 4,000 feet where its width is 500 feet. The slope of the approach surface is 8 to 1 for civil heliports and 10 to 1 for military heliports. (3) Heliport transitional surfaces: These surfaces extend outward and upward from the lateral boundaries of the heliport primary surface and from the approach surfaces at a slope of 2 to 1 for a distance of 250 feet measured horizontally from the centerline of the primary and approach surfaces. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: 1AD 2-1983, f. & ef. 2-14-83
738-070-0140 Effect of Proposed Construction on Navigable Airspace Scope: (1) This rule applies to the conduct of aeronautical studies of the effect of proposed construction or alteration on the use of air navigation facilities or navigable airspace by aircraft. In the aeronautical studies, present and future IFR and VFR aeronautical operations and procedures are reviewed and any possible changes in those operations and procedures and in the construction proposal that would eliminate or alleviate the conflicting demands are ascertained. (2) The conclusion of a study made under this rule is normally a determination as to whether the specific proposal studied would be a hazard to air navigation. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: 1AD 2-1983, f. & ef. 2-14-83
738-070-0150 Initiation of Studies An aeronautical study is conducted by the Department: (1) Upon the request of the sponsor or representative of any construction or alteration, unless that construction or alteration would be located within an antenna farm area as discussed in OAR 738-070-0190 and 738-070-0200; or (2) Whenever the Department determines it appropriate. Statutory/Other Authority: ORS 835 & 836 Statutes/Other Implemented: ORS 836.530 History: AVIA 5-2022, amend filed 08/29/2022, effective 08/29/2022 1AD 2-1983, f. & ef. 2-14-83
738-070-0160 Aeronautical Studies (1) The Department may conduct an aeronautical study of the effect of the proposal upon the operation of air navigation facilities and the safe and efficient utilization of the navigable airspace. This study may include the physical and electromagnetic radiation effect the proposal may have on the operation of an air navigation facility. (2) To the extent considered necessary, the Department may take any or all of the following actions: (a) Solicit comments from all interested persons; (b) Explore objections to the proposal and attempt to develop recommendations for adjustment of aviation requirements that would accommodate the proposed construction or alteration; (c) Examine possible revisions of the proposal that would eliminate the exceeding of the standards in OAR 738-070-0100; and (d) Convene a meeting with all interested persons for the purpose of gathering all facts relevant to the effect of the proposed construction or alteration on the safe and efficient utilization of the navigable airspace. (3) The Department may require a fee be paid to the Department to perform an aeronautical study or studies. The fee shall be paid by the sponsor or the representative of the construction or alteration if the construction or alteration requires notice to the ODAV per OAR 738-080-0060. As needed, the Department may adjust, reduce or waive the amount of the fee as the Department sees fit to support the operation costs of performing the aeronautical study or studies. The non-refundable fee for the aeronautical study or studies shall be administered as follows: (a) The sponsor or representative of the construction or alteration shall notify the Department of the construction or alteration in conformance with OAR 738-080-0080 to initiate the aeronautical study or studies. (b) The fee for the aeronautical study or studies may be required to be paid prior to delivery of the aeronautical determination or determinations by the Department to the sponsor or representative. (c) Fees are calculated for each separate instance for each sponsor or representative and are based on actual cost of services provided. Each individual aeronautical study shall have a minimum associated fee of $100. (4) The Department issues a determination as to whether the proposed construction or alteration would be a hazard to air navigation and sends copies to all known interested persons. This determination is final unless a petition for review is granted under OAR 738-070-0170. (5) If the sponsor revises his proposal to eliminate exceeding of obstruction standards, or withdraws it, the Department terminates the study and notifies all known interested persons. (6) The FAA Handbook, Procedures for Handling Airspace Matters, may be used in arriving at the determination. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 835 & 836 Statutes/Other Implemented: ORS 836.530 History: AVIA 5-2022, amend filed 08/29/2022, effective 08/29/2022 AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 1AD 2-1983, f. & ef. 2-14-83
738-070-0170 Administrative Appeal (1) The proponent of a construction or alteration or any person who stated a substantial aeronautical objection to it in an aeronautical study, or any person who has a substantial aeronautical objection to it but was not given an opportunity to state it, may petition the Director, within 30 days after issuance of the determination under OAR 738-070-0090 or 738-070-0160 or revision or extension of the determination under 738-070-0180, for a review of the determination, revision, or extension. This section does not apply to any acknowledgment issued under 738-070-0090(3)(a) that does not exceed standards and does not constitute a hazard. (2) The petition must be in triplicate and contain a full statement of the basis upon which it is made. (3) Except under section (4) of this rule the Director will examine each petition and decide whether a review will be made and, if so, whether it will be: (a) A review on the basis of written materials, including a study of a report by the Department of the aeronautical study, briefs, and related submissions by any interested party, and other relevant facts. Following such review, the Director may affirm, revise, or reverse the determination issued under the provisions of this rule; (b) A review on the basis of a hearing, conducted in accordance with the procedures prescribed in the Administrative Procedures Act for contested cases. (4) If petitioner qualifies under section (1) of this rule and requests a contested case hearing, the review will be conducted as a contested case under the Administrative Procedures Act. (ORS Chapter 183). Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 1AD 2-1983, f. & ef. 2-14-83
738-070-0180 Effective Period of Determination of No Hazard (1) Unless it is otherwise extended, revised, or terminated, each final determination of no hazard made under OAR 738-070-0060, 738-070-0140 or 738-070-0170 expires 18 months after its effective date, regardless of whether the proposed construction or alteration has been started, or on the date the proposed construction or alteration is abandoned, whichever is earlier. (2) In any case, including a determination to which section (4) of this rule applies, where the proposed construction or alteration has not been started during the applicable period by actual structural work, such as the laying of a foundation, but not including excavation, any interested person may, at least 15 days before the date the final determination expires, petition the Director to: (a) Revise the determination based on new facts that change the basis on which it was made; or (b) Extend its effective period. (3) The Director will review each petition presented under section (2) of this rule and revise, extend, or affirm the determination as indicated by his findings. (4) In any case in which a final determination made under OAR 738-070-0060 or 738-070-0140 relates to proposed construction or alteration that may not be started unless the Federal Communications Commission (FCC) issues an appropriate construction permit, the effective period of each final determination includes: (a) The time required to apply to the FCC for a construction permit, but not more than six months after the effective date of the determination; and (b) The time necessary for the FCC to process the application except in a case where the Director determines a shorter effective period is required by the circumstances. (5) If the FCC issues a construction permit, the final determination is effective until the date prescribed for completion of the construction. If the FCC refuses to issue a construction permit, the final determination expires on the date of its refusal. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 1AD 2-1983, f. & ef. 2-14-83
738-070-0190 Establishment of Antenna Farm Areas Scope: (1) This section establishes antenna farm areas in which antenna structures may be grouped to localize their effect on the use of navigable airspace. (2) It is the policy of the FAA and the Department to encourage the use of antenna farms and the single structure-multiple antenna concept for radio and television towers whenever possible. In considering proposals for establishing antenna farm areas, both agencies consider, as far as possible, the revision of aeronautical procedures and operations to accommodate antenna structures that will fulfill broadcasting requirements. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: 1AD 2-1983, f. & ef. 2-14-83
738-070-0200 General Provisions of Antenna Farm Area (1) An antenna farm area consists of a specified geographical location with established dimensions of area and height, where antenna towers with a common impact on aviation may be grouped. (2) Each proposal for an antenna farm area is evaluated on the basis of its effect on the use of navigable airspace. The views of the Federal Communications Commission are requested on the effect that each establishment of an antenna farm area would have on its statutory responsibilities. Any views submitted by it are fully considered before the antenna farm concerned is established. If the Commission advises that the establishment of any proposed antenna farm area would interfere with its statutory responsibility, the proposed area is not established. (3) The establishment of an antenna farm area is considered whenever it is proposed by: (a) The FAA and/or the Department; (b) The Federal Communications Commission; (c) The sponsor of a proposed antenna tower; or (d) Any other person having a substantial interest in a proposed antenna tower. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: 1AD 2-1983, f. & ef. 2-14-83
738-070-0210 Marking and Lighting of Obstructions to Air Navigation (1) Certain objects and structures must be marked and/or lighted to make them more visible to pilots. ORS 836.530 states that the Director may adopt rules establishing standards for marking or lighting objects and structures that constitute hazards to air navigation. (2) In accordance with the rules adopted under ORS 836.530, the Director shall: (a) Issue orders to require that specific objects or structures determined to be hazards to air navigation be marked or lighted in accordance with the rules adopted; (b) Determine responsibility for installation and maintenance of lighting or marking specific objects or structures that constitute hazards to air navigation. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 1AD 2-1983, f. & ef. 2-14-83
738-070-0220 Standards for Marking and Lighting of Obstructions to Air Navigation Federal Aviation Administration Advisory Circular 70/7460-1F entitled, Obstruction Marking and Lighting, and dated September 27, 1978, shall be the standard for marking and lighting objects and structures that constitute hazards to air navigation. By reference that advisory circular is made a part of this rule. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: 1AD 2-1983, f. & ef. 2-14-83
738-070-0230 Objects and Structures to Be Marked and Lighted When the Director has determined that an object or structure is a hazard to air navigation, he shall also determine whether such hazard shall be marked and lighted and shall specify the appropriate marking and lighting in accordance with the standards included in this rule. After this determination has been made, the Director shall issue an order specifying who shall be responsible for the installation and maintenance of the marking and lighting of the object or structure and specifying the type and quantity of marking and lighting: (1) The Director may agree with the recommendations for marking and lighting contained in an FAA airspace determination for a specific object or structure or he may make a separate and different determination for marking and lighting of that object or structure based on his expertise and his knowledge of the situation. (2) The type and quantity of marking and lighting for an object or structure shall be determined by the following characteristics of the object: (a) Location; (b) Size or height; (c) Shape; (d) Type (i.e. chimney, pole, tower, bridge, transmission lines, etc.); (e) Permanence (temporary obstructions shall be marked and lighted when appropriate). (3) The Director may deviate from the established marking and lighting standards, except that any deviation must not be more restrictive than current federal norms. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 1AD 2-1983, f. & ef. 2-14-83
738-070-0240 Determination of Responsibility for Installation and Maintenance of Marking and Lighting Objects and Structures that Constitute Hazards to Air Navigation (1) The proponent of an object or structure that is determined to constitute a hazard to air navigation normally shall be responsible, including paying for all costs, for installation and maintenance of the prescribed marking and lighting. (2) Under certain conditions, parties other than the proponent may be determined to be responsible for the installation and maintenance of marking and lighting, such as: (a) After construction of an object or structure, conditions, beyond the control of the owner of the object or structure, change which in turn makes the object or structure a hazard to air navigation (i.e. approval of an airport site and subsequent construction of an airport and an object or structure becomes a hazard by virtue of its proximity to the new airport); (b) Marking and lighting of an object or structure is for the benefit of a few rather than for the benefit of the public (i.e., for benefit of a personal use airport rather than for benefit of the public at a public use airport). Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: 1AD 2-1983, f. & ef. 2-14-83
738-070-0250 Penalties Failure to comply with the provisions of these rules or failure to comply with an order issued under these rules is subject to the penalties under ORS 837.100 and 837.990. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: 1AD 2-1983, f. & ef. 2-14-83
738-070-0260 Rules of Practice for Hearings All reviews and appeals of the Department’s decisions under these rules will be in accordance with the Model Rules of Procedure applicable to contested cases under the Administrative Procedure Act as authorized by ORS Chapter 183. [ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or the Department of Aviation.] Statutory/Other Authority: ORS 183, 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: 1AD 2-1983, f. & ef. 2-14-83
738-080-0010 Purpose and Statutory Authority To regulate the registration of aircraft and UAS in Oregon: (1) ORS 835.035 and ORS 835.112 pertaining to rulemaking authority. (2) ORS 835.035 and ORS 837.005 pertaining to the general public interest, safety, and the development and promotion of aeronautics. Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.112 & 837.015 History: 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