738-020-0025 Application for Site Approval (1) Except as provided in ORS 836.080, OAR 738-020-0030 or as approved by the FAA after a site selection study, no municipality or officer or employee thereof, nor any person, shall construct or establish an airport or heliport without first having obtained an approval from the Department for the proposed site. (2) The provisions of this rule apply equally to establishment of new airports or heliports or substantial modification of existing facilities. Substantial modification is construed to mean any significant change of physical dimensions, as determined by the Director, or any change of physical conditions which causes the airport or heliport to become either unsafe or unusable for the aeronautical purposes for which the original license was issued. Substantial modification of existing facilities may be exempt from the provisions of this section if those modifications are constructed as a result of an FAA airport improvement project. To keep the Department informed as to the modifications made to an airport, a copy of the FAA approved Airport Layout Plan and the final "as constructed" plans shall be furnished to the Department. (3) Written application for site approval shall set forth, on a form provided by the Department, the proposed use of the airport or heliport, a map, plan, or sketch depicting location, layout, dimensions, topographic features, obstructions, and relationship to all other aeronautical facilities within five miles. Payment of a nonrefundable fee of $75, together with $300 for the cost of inspecting an airport site for potential approval, as established by ORS 836.085(1), shall accompany the application. (4) Within a reasonable time after receiving such application, the Director will render a finding as to whether the proposed airport is compatible with the State Aviation System Plan. If found to be compatible, an the Department inspector will then make a physical site investigation to evaluate certain aspects of the proposed site, including, but not limited to: (a) All real property devoted to or to be used in connection with any aeronautical activity at the proposed airport; (b) The location of the airport in relation to any surrounding topography, trees or structures that could affect the safety of the airport; (c) The location and configuration of the proposed airport's runways and operation areas in relation to those of existing and approved airports or airport sites in the vicinity that could affect the safety of aircraft operating from the proposed airport, or from other airports. (5) If satisfied that the site will meet aeronautical safety standards for the proposed use of the airport or heliport, as well as safety of adjoining property, the Department will issue a provisional site approval. If not satisfied, the Department will deny site approval or may make suggestions as to how the site can meet the standards. (6) The Department shall forward provisional site approval to the proponent of the airport or heliport and also provide a copy of the approval to the appropriate local planning/zoning bodies for review and comment. If no significant adverse comment is received within thirty days, and upon receipt of evidence that the proponent has notified the FAA, on the appropriate form, of this intent to establish an airport or heliport, the Department shall issue final site approval. (7) If the proposed airport site is found not to be compatible with the State Aviation System Plan as provided in section (4) of this rule, or is for any other reason not inspected, the refundable inspection fee shall be returned to the applicant. Statutory/Other Authority: ORS 184.616, 184.619, 835.035 & 836.085 Statutes/Other Implemented: ORS 836.085 & 836.095 History: AVIA 1-2005, f. & cert. ef. 5-23-05 AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 AERO 1-1998, f. & cert. ef. 2-25-98 AERO 2-1989, f. & cert. ef. 9-20-89 1AD 3-1984, f. & ef. 7-31-84 1OTC 81, f. & ef. 5-3-77 1OTC 46, f. 11-29-74, ef. 12-25-74