NY Gen Bus L § 249 (2021)
2021 New York Laws GBS - General Business Article 14 - Aircraft 249 - Location of Privately-Owned Airports.

§  249.  Location of privately-owned airports. 1. Legislative findings   and purpose. The continuing development and  the  rapid  growth  of  air   transportation  and  the  use  of  aircraft  for  various purposes, both   commercial and private, during the last twenty years, has  substantially   contributed  to  the  economic  betterment,  well-being and recreational   enjoyment of the people of the state. The  increased  number,  size  and   growth  of airports resulting from operational requirements of newer and   larger aircraft operating more frequently has brought about  a  conflict   of  land use. This is of particular concern to the state in major public   works construction such as highways, public  buildings  and  facilities.   There  is  authority  for municipalities to control the establishment or   improvement of publicly-owned airports and landing areas so as to assure   coordination  between  developments  in  the  field  of  public   works.   Uncontrolled establishment of privately-owned airports and landing areas   could  seriously  impair  the  existing  federal-state  highway program.   Federal-aid  highway  funds  may  not  be  used  for  reconstruction  or   relocation  of  any  highway, the usefulness of which may be impaired by   the location or extension of an airport.  This  activity  also  presents   major  problems  for  municipalities  particularly  where the airport or   operations therefrom span more than one municipality.The legislature, therefore, finds that in order to meet  the  problems   of local government in the establishment of privately-owned airports and   landing  areas  and  to  insure coordination between developments in the   field of public works that certain criteria be met in the location of or   extension of a privately-owned airport or landing area.2. Definitions. When used in this section:a. Airport means both an  airport  and  landing  area  as  defined  in   section two hundred forty of this article.b. Airport improvement means the extension, alteration, addition to or   realignment of the runways of an existing privately-owned airport or the   modification in any way of the landing and take-off directions at such a   privately-owned airport.3.  Approval  of  privately-owned  airports. No person shall hereafter   establish a privately-owned airport or make an airport improvement to an   existing  privately-owned  airport  except  by  authorization   of   the   governing body of the city, village or town in which such airport or any   part  thereof  is  proposed to be established or improved. The governing   body of a city, village or town shall not authorize the establishment of   such an airport or an airport improvement at a requested location unless   in accordance with the  standards  prescribed  by  the  commissioner  of   transportation.  The  local  governing  body  of a city, village or town   shall, prior to granting such authorization, request the commissioner of   transportation to determine whether or not the establishment of  such  a   privately-owned  airport  improvement  complies  with  his standards. In   order to make such a determination of compliance,  the  commissioner  of   transportation  must  first make findings of fact (1) that operations of   such airport will not conflict with  or  affect  the  safety  of  public   buildings  or facilities, or operations on public highways or waterways;   and (2) that the volume, character and  direction  of  traffic  at  such   airport  will  not  constitute  a  menace to the safety of operations at   other airports in the vicinity. Approval for the establishment  of  such   an  airport  or  airport  improvement  may  be subject to any reasonable   conditions which the commissioner of transportation may  deem  necessary   to effectuate the purposes of this section.4.  Hearings.  In  connection with his determination as to whether the   establishment of a privately-owned airport or an airport improvement  as   defined  in this section complies with his standards the commissioner of   transportation may on his own motion or upon the request of an  affected    or  interested  person  or of the governing body of the city, village or   town requesting such determination of  compliance,  hold  a  hearing  as   provided in subdivision five below.5. Investigations, hearings. The commissioner of transportation or any   officer  or  employee  of the department of transportation designated by   the commissioner of transporation,  shall  have  the  power  to  conduct   investigations  and  inquiries  and  to hold hearings concerning matters   covered by this act  and  the  rules,  regulations  and  orders  of  the   commissioner of transportation. Hearings shall be held upon such call or   notice  as  the  commissioner  of  transportation or his duly designated   representative shall deem advisable. The commissioner of  transportation   and  each  person  designated  by  him  to  conduct any investigation or   inquiry, or to hold any hearing shall have the power to administer oaths   and affirmations, certify to all official  acts,  issue  subpoenas,  and   order  the  attendance  and testimony of witnesses and the production of   books, papers and documents. In the case of the failure of any person to   comply with any subpoena or order issued under  the  authority  of  this   section,   the   commissioner   of   transportation  or  his  authorized   representative may invoke the aid of any court of  general  jurisdiction   of  this state. The court may thereupon order such person to comply with   the requirements of the subpoena or order to give evidence touching  the   matter  in  question.  Failure  to  obey  the  order of the court may be   punished by the court as a contempt thereof.6. Rules  and  regulations.  The  commissioner  of  transportation  is   authorized  to  adopt such rules and regulations as may be necessary for   the proper administration and enforcement  of  the  provisions  of  this   section,  but  not inconsistent therewith, and to amend or repeal any of   such rules and regulations.7. Delegation of  powers.  The  commissioner  of  transportation  may,   except as to rule-making powers, by a writing filed in the office of the   department  designate  any  officer  or  employee  of  the department of   transportation to carry out his duties under this section.8. Nothing in this section shall be construed to  deny  the  governing   body  of  any  city,  village  or  town  the right to perform any lawful   regulatory activity relating to privately-owned airports, which  is  not   within the purposes or scope of this section.