justicedao/ipfs_state_laws huggingface dataset:
738-015-0070 Non-Commercial Aeronautical Lease Applicant's Financial Responsibility (1) All persons applying for a lease for non-commercial aeronautical activity at a State-owned airport who will be constructing improvements to the lease property shall provide the Department evidence, in a form acceptable to ODA, of the applicant's financial capability and responsibility to complete the project, in one of the following forms: (a) A performance bond in the amount equal to the cost for constructing the proposed improvements, which may be supplied by a contractor; (b) An irrevocable letter of credit guaranteeing funds to complete the project; (c) An escrow agreement administered by a title and escrow company; or (d) A trust administered by a commercial bank. (2) At its option, the Department may require the prospective Lessee to obtain one or more of the above documents as proof of financial responsibility to complete the project. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 935.035, 935.040, 835.112 & 836.055 History: AVIA 1-2002, f. & cert. ef. 9-3-02
738-015-0085 Non-Commercial Aeronautical Lease Renewal Options (1) In accordance with OAR 738-015-0080, Non-Commercial Aeronautical Lease Provisions, Lessee shall have the option to renew its lease with the Department beyond the base term, subject to the satisfaction of all of the following conditions: (a) The existing lease is not in default; (b) Any improvements to the lease property are structurally sound and capable of safe and legal occupancy for the remaining term of the renewal period; and (c) Lessee files a notice with ODA, in the form specified by ODA, stating that Lessee has complied with (a) and (b) above and intends to exercise its renewal option. The notice must be filed not later than 120 days prior to the expiration of the base term lease. (2) The Department shall inspect Lessee's improvements for condition and appearance in accordance with ODA's standards for maintaining clean, safe and attractive facilities at the airport. (a) Items considered will include, but not be limited to: (A) Siding and exterior finish; (B) Roofing; (C) Doors; and (D) Structural framing. (b) If the Department determines from its inspection that the improvements may not be structurally sound, the Department may require Lessee to obtain an inspection by a certified inspector, at Lessee's expense, to verify the condition of the structure. (c) The Department may require Lessee to correct any deficiencies noted by ODA's inspection or further structural inspection as a condition of Lessee's renewal. (d) If corrections cannot be completed prior to the expiration of the current lease term, Lessee may request in writing that the Department approve additional time to make the corrections; the Department shall not unreasonably withhold approval of the request. The Department and Lessee may enter into the lease renewal or new lease, subject to the written commitment of Lessee to complete the repairs within a specified period. Failure to make the repairs within the period agreed upon may be cause for immediate termination of the renewal term. (3) The length of the term of a new lease following a base term lease and any renewal shall be at the Department's discretion. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 935.035, 935.040, 835.112 & 836.055 History: AVIA 1-2002, f. & cert. ef. 9-3-02
738-015-0090 Termination of Non-Commercial Aeronautical Lease for Default or Airport Development (1) In the event of termination of a non-commercial lease for default by Lessee, Lessee has two options, either of which must be completed within 120 days of the date of written notice of lease termination: (a) Lessee may sell the lease improvements to a qualified buyer who is able to enter into a lease with the Department under OAR 738-015-0055 through 738-015-0075; or (b) Within that same period, Lessee may remove the improvements, at Lessee's expense, and restore the lease property to their original condition. (2) In the event of termination by the Department for default by Lessee, Lessee shall pay basic rent for any post-termination occupancy, until another Lessee has entered into a lease with the Department or until the lease property are restored to their original condition. (3) If the Department makes a determination, in accordance with the Airport Master Plan and FAA-approved Airport Layout Plan, that the lease property are required for airport development, it shall offer to Lessee an alternative site, if such other suitable space is available on airport property. (4) If no suitable alternative site is available, or Lessee chooses not to relocate, the lease may be terminated by either party. (5) Upon termination, Lessee shall vacate the lease property upon 120 days written notice by the Department to buy out the remaining base term of the lease. (6) If Lessee's lease is not a base term lease, the Department shall not pay compensation for lease termination. If Lessee's lease was a base term lease, then the Department shall offer to buy out the remaining base term of the lease. (7) The base term buy-out will be determined by amortizing the construction cost of the hangar (or other improvements) over the base term of the lease, factoring in straight-line depreciation and adjusting for inflation based on ODA'S periodic rental increases. The Department shall purchase each remaining year of the base term according to the amortization/depreciation schedule. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 935.035, 935.040, 835.112 & 836.055 History: AVIA 1-2002, f. & cert. ef. 9-3-02
738-015-0095 Sale of Improvements, Assignment of Non-Commercial Leases, Subleases (1) The Department shall not allow assignment or sublease of any non-commercial lease. (2) If Lessee desires to sell the improvements, the Department shall consider entering into a new lease with the buyer of the improvements, provided said prospective new Lessee is qualified under criteria set forth in OAR 738-015-0060, Leasing Application for Non-Commercial Aeronautical Activities, 738-015-0065, Hangar Occupancy Under Leases for Non-Commercial Aeronautical Activity, 738-015-0070, Non-Commercial Aeronautical Lease Applicant's Financial Responsibility, and 738-015-0075, ODA Review of Application for Non-Commercial Aeronautical Activities. (a) The prospective Lessee (the buyer of the improvements) must meet all requirements imposed on any Lessee with a non-commercial aeronautical lease. (b) If the prospective Lessee (the buyer of the improvements) qualifies to obtain a lease, the Department shall offer a lease with the terms, conditions and rates then in effect. The term of the new lease shall be determined by the Department, consistent with OAR 738-015-0080. (3) The original Lessee's lease shall remain in full force and effect until the Department and the buyer of the improvements have entered into a new lease. The original Lessee must comply with all terms and conditions of the original lease until the new lease is executed and in effect. (4) Upon execution of the new lease, the original lease is automatically terminated by mutual agreement of the parties. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 935.035, 935.040, 835.112 & 836.055 History: AVIA 1-2002, f. & cert. ef. 9-3-02
738-015-0100 Non-Commercial Lease Insurance Requirements Each Lessee shall meet all State of Oregon insurance requirements and shall maintain the types of insurance specified in the lease, in the amounts specified. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 935.035, 935.040, 835.112 & 836.055 History: AVIA 1-2002, f. & cert. ef. 9-3-02
738-020-0010 Purpose and Statutory Authority To prescribe minimum dimensional and layout standards for airports, including heliports; to prescribe procedures for site approval, licensing, or registering pursuant to the following: (1) ORS 835.035 pertaining to the general public interest, safety, and the development and promotion of aeronautics. (2) ORS 836.025(1) pertaining to the regulations, protection, and policing of airports by the Oregon Department of Aviation (the Department). (3) ORS 836.080 to 836.120 pertaining to site approval and licensing of airports. Statutory/Other Authority: ORS 835 & 836 Statutes/Other Implemented: ORS 836.080 - 836.120 History: AERO 2-1989, f. & cert. ef. 9-20-89 1OTC 81, f. & ef. 5-3-77 1OTC 46, f. 11-29-74, ef. 12-25-74
738-020-0020 Designation of Minimum Standards (1) Airports other than heliports: (a) An airport that is open to the public shall conform as a minimum to the design and dimensions of General Aviation Airports shown on the drawing "Minimum Standards for General Aviation Airports,” attached as Exhibit 1 hereto. Airports for personal, recreational or emergency use, if not so conforming, may be approved if runway and approaches are adequate for the published operating characteristics and limitations of the aircraft to be accommodated; (b) Sponsors of public-use airports shall have control of approach-departure zones with dimensions appropriate to the purpose and usage of the airport, but in no case extending less than 1,100 feet from end of the runway. Public-use airports which are exempted under ORS 836.080, or which held a license prior to December 25, 1974, are exempt from this requirement; (c) If an airport having dimensions which meet state minimum standards but is deemed by the Director to be inadequate based on the amount and nature of air traffic, the type of aircraft to be accommodated, and the size and operational category of the airport, the design and dimensions of such airport shall conform as nearly as practicable to the applicable standards prescribed by the Federal Aviation Administration (FAA). (2) Heliports: (a) The landing and take-off area of a rectangular heliport at elevations not over 1,000 feet above sea level shall be not less in length and width than 1-1/2 times the overall length of the helicopter to be accommodated; (b) A circular heliport shall have a minimum diameter equal to 1-1/2 times the overall length of the largest helicopter to be accommodated; (c) For elevations over 1,000 feet above sea level, the above dimensions shall be increased by 15 percent for each 1,000 feet of elevation above the first 1,000 feet; (d) The obstruction-free approach surface shall extend upward and outward from the edge of the landing and take-off area to the enroute altitude at the ratio of eight feet horizontally to one foot vertically (8:1) for a horizontal distance of 4,000 feet where the approach surface is 500 feet wide. The obstruction-free transitional surface or side slope shall extend upward and outward from the edge of the landing and take-off area at the ratio of two feet horizontally to one foot vertically (2:1) for a distance of 250' measured horizontally from the centerline of the landing and take-off area. (3) The Department may waive any requirements contained in this rule as to any particular airport or heliport if it finds, following a documented review, such action to be consistent with safety and public interest. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 835 & 836 Statutes/Other Implemented: ORS 836.090 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 AERO 2-1989, f. & cert. ef. 9-20-89 1OTC 81, f. & ef. 5-3-77 1OTC 46, f. 11-29-74, ef. 12-25-74
738-020-0030 Application for License (1) Except as provided in ORS 836.080, a person, municipality, or officer or employee thereof may not operate a public-use airport without a license issued by the Oregon Department of Aviation. The license fee is determined by statute and shall be paid in full for the initial calendar year or portion thereof, and for each annual renewal. Application for license and renewal shall be in writing on a form provided by the Department and shall be accompanied by the prescribed fee. Application for initial license shall be accompanied by a drawing or sketch depicting the airport “as built.” Sketches depicting any changes to the “as built” sketch submitted when the airport was first licensed, or as subsequently revised, shall accompany any application for renewal of license. (2) Personal-use airports are exempt from licensing, but sponsors are required to register the airport prior to February 1 of each year on a form furnished by the Department. There is no fee for registration. New airports must be registered within thirty days of completion of the airport in accordance with plans submitted for site approval, and be approved by the Department. These airports may be approved for use by aircraft whose published manufacturer specifications state they can be operated from an airport of a size less than the state minimum standards. (3) Agstrips need not be licensed, registered, or have site approval if the use of that strip is to be of an occasional nature only. However, the use of an agstrip shall be the sole responsibility of the person operating it. The operator is responsible not only for his or her own safety, but for the safety of persons and property on the ground. Conflict with traffic patterns of an existing airport must be avoided or coordinated and resolved. Such strip shall not be used by aircraft not under the agstrip operator’s control. Statutory/Other Authority: ORS 825 & 826 Statutes/Other Implemented: ORS 836.105 History: AVIA 3-2016, f. & cert. ef. 10-31-16 AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 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
738-020-0035 Approval of Site: Issuance of License (1) Within a reasonable time after receipt of application, the Department shall grant approval of the site under the provisions of OAR 738-020-0025 or shall issue a license, as the case may be, if it is satisfied that: (a) The airport meets, or will meet, the minimum standards prescribed by OAR 738-020-0020; (b) Safe air traffic patterns can be worked out for such airport and all existing or approved airports in its vicinity; (c) Due notice has been given the FAA, by the applicant on an appropriate FAA form and an FAA determination has been made in any case where such notice is required, regarding any proposed construction; (d) The airport has been constructed in accordance with plans as submitted to the Department with either the application for site approval or for a license; and (e) The airport substantially meets land use and zoning requirements of the local governmental entity having jurisdiction. (2) The Department, in approving a site or in issuing a license, may impose such conditions as it may deem reasonably necessary or appropriate to accomplish the intent of ORS 836.085 to 836.120. (3) In certain cases, the Department may issue a temporary airport license for a specific reason and for a specific date or limited period of time, not to exceed thirty days. (4) The Department at its discretion may hold a hearing prior to approving a site or issuing a license. Due notice shall be given and opportunity for hearing shall be provided prior to the denial of any such site approval or license. Statutory/Other Authority: ORS 184.616, 184.619, 835.035, 836.095 & 836.105 Statutes/Other Implemented: ORS 836.095 & 836.105 History: 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
738-020-0040 Revocation of Site Approval or License (1) The Department may, after notice and opportunity for hearing, revoke a site approval upon determining (ORS 836.100): (a) That there has been an abandonment of the site as an airport site; or (b) That there has been a failure within the time prescribed, or if no time was prescribed, within two years' time, to develop the site as an airport or to comply with the conditions of the approval; or (c) That control of necessary approach and departure zones has not been obtained within a specified time or obstructions exist at the end of the runway so as to create a hazard to aircraft. (2) The Department may, after notice and opportunity for hearing, revoke a license or refuse renewal thereof upon determining (ORS 836.110): (a) That there has been an abandonment of the airport as such; or (b) That there has been a failure to comply with the conditions of the license or renewal thereof; or (c) That because of change of physical or legal conditions or circumstances the airport has become either unsafe or unusable for the aeronautical purposes for which the license or renewal was issued; (d) When an airport is no longer used as an airport, it shall be appropriately marked as a closed airport for a period of at least six months following closure. Statutory/Other Authority: ORS 835 & 836 Statutes/Other Implemented: ORS 836.100 & 836.110 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 AERO 2-1989, f. & cert. ef. 9-20-89 1OTC 81, f. & ef. 5-3-77 1OTC 46, f. 11-29-74, ef. 12-25-74
738-020-0045 Hearings The procedure for hearings and appeals in connection with the grant, denial, or revocation of a site approval or license shall be as provided in The Attorney General's Model Rules of Practice and Procedure under the Administrative Procedure Act, and 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 184.616, 184.619, 835.035, 836.100, 836.110 & 836.115 Statutes/Other Implemented: ORS 183.430, 183.435, 836.100, 836.110 & 836.115 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 AERO 1-1998, f. & cert. ef. 2-25-98 AERO 1-1992, f. & cert. ef. 5-12-92 AERO 4-1990, f. & cert. ef. 8-14-90 AERO 2-1989, f. & cert. ef. 9-20-89 AERO 1-1988, f. & cert. ef. 8-22-88 1AD 1-1986, f. & ef. 4-28-86 1AD 1-1984, f. & ef. 1-5-84 1OTC 81, f. & ef. 5-3-77 1OTC 46, f. 11-29-74, ef. 12-25-74
738-025-0001 Purpose of Rule The purpose of this rule is to establish a procedure for permitting nonretail facilities that dispense aviation fuels at airports. Statutory/Other Authority: ORS 835.112 & 480.390 Statutes/Other Implemented: ORS 480.390 History: AVIA 1-2004, f. & cert. ef. 2-17-04 AVIA 2-2001, f. & cert. ef. 10-24-01 AVIA 1-2001(Temp), f. & cert. ef. 6-5-01 thru 11-30-01
738-025-0010 Permit Process (1) Before starting construction or installation of a nonretail (cardlock) facility to dispense aviation fuels at an airport the owner or operator of the proposed facility shall submit to the Department an application for a facility permit. (a) The Department shall specify the form of the application. (b) The airport owner shall sign the application. (c) The Department shall consider the airport owner's signature on the application as proof that the airport owner has permitted the construction or installation of the facility. (2) Following receipt of the signed application the Department shall issue a permit to the owner or operator of the proposed facility: (a) The permit shall state that the airport owner has given permission for the construction or installation of the facility; (b) The Director of the Department shall sign the permit; and (c) The signed permit shall be returned to the applicant. (3) The application and permit specified in (1) and (2) of this rule are in addition to any other applications, permits or other requirements of additional federal, state or local authorities with jurisdiction over such facilities. Statutory/Other Authority: ORS 835.112 Statutes/Other Implemented: SB 106 & eff. 06-04-01 History: AVIA 1-2004, f. & cert. ef. 2-17-04 AVIA 2-2001, f. & cert. ef. 10-24-01 AVIA 1-2001(Temp), f. & cert. ef. 6-5-01 thru 11-30-01
738-035-0005 Purpose and Overview (1) Minimum operating standards are established at Oregon’s State-owned airports so that: (a) Any person or entity proposing to use or access State-airport property or facilities for commercial aeronautical activity compensates the Department for use of State property at fair market rent for such use and privilege. (b) The Department consistently applies uniform requirements to all commercial operators at State-owned airports; (c) Application of fair market rental rates creates parity between State-owned facilities and other public airports, ensuring that no person or entity receives a competitive advantage by using State facilities; (d) State-owned airport public areas, roads, taxiways, runways and aprons remain available and open for public aeronautical use; (e) Development of airport facilities and commercial aeronautical services at all State-owned airports is orderly and efficient; (f) The environment at State-owned airports fosters high quality commercial aeronautical services for the airport users and tenants; and (g) The Department, as airport sponsor for all State-owned airports, complies fully with federal grant assurances. (2) The Department shall require all activities of commercial operators at State-owned airports to comply with the Operating Minimum Standards set forth in OAR 738-035, whether the commercial activity occurs: (a) On the State-owned portion of the airport; (b) On portions of the airport held in private ownership; or (c) Where a private property owner accesses the State-owned land for landing and takeoff of aircraft through an access agreement with the Department. (3) The specific minimum standards for each State-owned airport are based upon the airport category as set forth in the Oregon Aviation Plan, as well as unique conditions at the individual State-owned airport, including: (a) Existing and planned facilities at the airport; and (b) The current and anticipated future role of the airport in the State aviation system. (4) Operating minimum standards provide threshold entry requirements for any person or entity proposing to enter into an agreement with the Department to provide public commercial aeronautical services to the public at a State-owned airport to ensure that services and facilities of service providers meet the needs of airport users. (5) Operators are encouraged to exceed these minimum operating standards whenever possible. (6) Each commercial operator shall agree to offer the specified minimum level of services to obtain an agreement with the Department granting permission to operate at the State-owned airport. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 1-2003, f. 2-24-03, cert. ef. 3-1-03