reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.13 - Commercial air service retention and expansion committee.

328.13 Commercial air service retention and expansion committee.
A commercial air service retention and expansion committee is established within the aviation office of the department. The membership of the committee shall consist of the director or the director’s designee; the managers of each airport in Iowa with commercial air service; two members of the senate, one appointed by the majority leader of the senate and one appointed by the minority leader of the senate; and two members of the house of representatives, one appointed by the speaker of the house and one appointed by the minority leader of the house. Legislative members are eligible for per diem and expenses as provided in section 2.10, for each day of service. The committee shall, on or before December 31, 2014, develop a plan for the retention and expansion of passenger air service in Iowa. The committee shall meet as the committee deems necessary to assess progress in implementing the plan and, if necessary, to update the plan.
2014 Acts, ch 1123, §19
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.14 - Authority to receive federal moneys for the state and governmental subdivisions.

328.14 Authority to receive federal moneys for the state and governmental subdivisions.
1. The department shall act as agent for the state and shall upon request act as agent for a governmental subdivision which owns a general aviation or air carrier airport in accepting, receiving and receipting for all federal moneys provided that the request is submitted to the department by March 1 of each year. The department when acting as agent shall contract for all airport projects in which planning, construction, acquisition or improvements include federal or state funds, and the political subdivision owning the airport shall select all consultants. The department shall not have jurisdiction over the operation or maintenance of the airport after completion of the project, except for those contractual stipulations agreed to by all parties prior to receipt of state funds.
2. The department shall include in the annual report made by the department to the governor a report of all federal moneys it accepts, receives and receipts for under the provisions of this section.
3. The department is the authorized agency of the state to receive and disburse federal funds for general aviation airports owned by political subdivisions of the state.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.14]
Referred to in §328.16
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.15 - Contracts — law governing.

328.15 Contracts — law governing.
All contracts for the planning, acquisition, construction, improvement, maintenance, and operation of airports, or other air navigation facilities made by the department, either as the agent of this state or of any governmental subdivision, shall be made pursuant to the laws of this state governing the making of like contracts; provided, however, that where such undertaking is financed wholly or partially with federal moneys, the department, as such agent, or the governmental subdivision acting for itself, may let contracts in the manner prescribed by the federal authorities, acting under the laws of the United States, and any rules or regulations made thereunder, notwithstanding any other state law to the contrary.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.15]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.16 - Disposition of federal funds.

328.16 Disposition of federal funds.
All moneys accepted for disbursement by the department pursuant to section 328.14 shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which the money is received, kept in separate funds, designated according to the purposes for which the moneys were made available, and held by the state in trust for such purposes. All such moneys are hereby appropriated for the purposes for which the same were made available, to be expended in accordance with federal laws and regulations and with this chapter. The department is authorized, whether acting for this state or as the agent of any of its governmental subdivisions, or when requested by the United States government or any agency or department thereof, to disburse such moneys for the designated purposes, but this shall not preclude any other authorized method of disbursement.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.16]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.19 - Registration of airports.

328.19 Registration of airports.
The department shall promulgate rules pursuant to chapter 17A governing the issuance by the department of certificates of registration to all airports in this state which are open for use by the public and governing the annual renewal of those certificates. These rules shall require that an airport applying for a certificate of registration or for a renewal shall comply with minimum standards of safety as promulgated by the department before the certificate of registration or certificate of renewal may be issued. Certificates of registration or renewal may be issued subject to any conditions the department deems necessary to carry out the purposes of this section. The department may, after notice and opportunity for hearing as provided in chapter 17A, revoke any certificate of registration or renewal, or may refuse to issue a renewal, when the department determines that any of the following have occurred:
1. The airport has been abandoned.
2. The airport is no longer in compliance with the conditions of the registration or renewal.
3. A change in physical or legal conditions or circumstances has made the airport either unsafe or unusable for the aeronautical purposes for which the registration or renewal was issued.
[C31, 35, §8338-c2; C39, §8338.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.19]
2022 Acts, ch 1025, §1, 2
Referred to in §328.26, 328.35
Section amended
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.20 - Registration of aircraft.

328.20 Registration of aircraft.
1. A civil aircraft owned either wholly or in part by persons residing in this state, or operated, or otherwise controlled within the boundaries of the state for a period of more than thirty days, unless specifically excepted under this chapter, shall be registered annually with the department, by the owner thereof.
2. The registration year begins on the first day of the calendar month in which the civil aircraft is registered for the first time in the state and ends on the last day of the twelfth month of the registration year.
3. For aircraft registered in this state before July 1, 1988, the registration year begins on the first day of the calendar month assigned by the department and ends on the last day of the twelfth month of the registration year.
[C31, 35, §8338-c2; C39, §8338.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.20]
88 Acts, ch 1063, §2; 2017 Acts, ch 54, §76
Referred to in §328.26, 328.35, 423.3, 423.5, 423.6
Implementation of staggered registration; §328.56A
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.21 - Aircraft registration fees.

328.21 Aircraft registration fees.
An annual registration fee for each aircraft shall be paid to the department at the time of registration, to be computed as follows:
1. Unless otherwise provided in this section, for the first registration, a sum equal to one percent of the manufacturer’s list price of the aircraft, not to exceed five thousand dollars.
2. The second year’s registration fee is seventy-five hundredths of one percent of the manufacturer’s list price of the aircraft; the third year’s fee is fifty hundredths of one percent; and the fourth and subsequent year’s fee is twenty-five hundredths of one percent. When an aircraft other than a new aircraft is registered in Iowa, the registration fee shall be based upon the number of years the aircraft was previously registered. However, an aircraft shall not be registered for a fee of less than thirty-five dollars or more than five thousand dollars.
3. The registration fee for an aircraft operated in scheduled interstate airline operation, owned by an Iowa person and operated part-time within this state shall be a fee of one hundred dollars. The application for registration shall be supported by such records as the department shall prescribe.
4. Should the department find and determine that no established manufacturer’s list price exists for any such aircraft, the department is hereby authorized and empowered to determine and fix the fair value of such aircraft which fair value shall be used in lieu of a manufacturers’ list price in computing the registration fee for each such aircraft as otherwise provided by this section. When the fee as so computed results in a fractional part of a dollar, it shall be computed to the nearest dollar.
5. An aircraft thirty years old or older, which is used exclusively for noncommercial purposes, shall be registered as an antique aircraft for a fee of thirty-five dollars.
6. An aircraft, unless exempt under section 328.35, which is not airworthy and is not in flying condition is not subject to registration fees if the owner of the aircraft submits information required by the department. Upon receipt of that information, the department shall issue a certificate that states that the registration fee has not been paid and that the aircraft shall not use the airports or the air space overlying the state until the fee has been paid.
7. The registration fee for a helicopter used exclusively as an air ambulance is one thousand dollars.
8. An aircraft owned and operated by an aviation business located at a publicly owned, public use airport and providing, under agreement with the governing body of the airport, a specified minimum level of aviation services to the general public, shall be registered for a fee of one hundred dollars.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.21]
88 Acts, ch 1063, §3 – 5; 90 Acts, ch 1063, §1 – 4; 98 Acts, ch 1182, §1 – 3; 2002 Acts, ch 1112, §6; 2010 Acts, ch 1069, §114
Referred to in §328.36
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.24 - Refunds of fees.

328.24 Refunds of fees.
1. If, during the year for which an aircraft, except aircraft used for the application of herbicides and pesticides, was registered and the required fee paid, the aircraft is destroyed by fire or accident or junked, and the aircraft’s identity as an aircraft entirely eliminated, or the aircraft is removed and continuously used beyond the boundaries of the state, then the owner in whose name the aircraft was registered at the time of destruction, dismantling, or removal from the state shall provide notice to the department within thirty days and make affidavit of the destruction, dismantling, or removal and make claim for the refund. The refund shall be paid from the general fund of the state.
2. The registration fee for the unexpired portion of the year shall be refunded pro rata to the nearest full calendar month, except that a refund shall not be allowed if the unused portion of the fee is less than thirty-five dollars per aircraft.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.24]
88 Acts, ch 1063, §6; 94 Acts, ch 1107, §66; 2014 Acts, ch 1123, §20; 2016 Acts, ch 1098, §36; 2019 Acts, ch 28, §1
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.25 - Fees in lieu of taxes.

328.25 Fees in lieu of taxes.
The registration fees imposed by this chapter upon aircraft shall be in lieu of all taxes, general or local, except state sales or use tax, to which aircraft might otherwise be subject.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.25]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.26 - Application for registration.

328.26 Application for registration.
1. Every application for registration pursuant to sections 328.19 and 328.20 shall be made upon such forms, and shall contain such information, as the department may prescribe, and every application shall be accompanied by the full amount of the registration fee.
2. When an aircraft is registered to a person for the first time, the fee submitted to the department shall include the tax imposed by section 423.2 or section 423.5 or evidence of the exemption of the aircraft from the tax imposed under section 423.2 or 423.5.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.26]
88 Acts, ch 1205, §18; 96 Acts, ch 1152, §23; 98 Acts, ch 1182, §4;
2003 Acts, 1st Ex, ch 2, §174, 205
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.27 - Issuance of certificates.

328.27 Issuance of certificates.
The department shall issue, upon receipt of proper application and fee for registration, a certificate of registration which shall be numbered and recorded by the department, shall state the name and address of the person to whom it is issued, shall be titled with the designation of the class of registrant covered, and shall contain other information as the department may prescribe including, in the case of aircraft, a description of the aircraft. A certificate of registration expires at midnight on the last day of the twelfth month of the registration year.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.27]
88 Acts, ch 1063, §7; 2002 Acts, ch 1112, §7
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.28 - Operation under special certificate.

328.28 Operation under special certificate.
1. A manufacturer or dealer owning an aircraft otherwise required to be registered under this chapter may operate the aircraft for up to three years for purposes of transporting, testing, demonstrating, or selling the aircraft without registering the aircraft, upon condition that a special certificate be obtained by the owner for each year the owner operates the aircraft as provided in this section and sections 328.29 through 328.33.
2. A transporter may operate an aircraft described in subsection 1 solely for the purpose of delivery upon obtaining a special certificate issued to the transporter as provided in this section and sections 328.29 through 328.33.
3. The provisions of this section and sections 328.29 through 328.33 shall not apply to aircraft owned by a manufacturer, transporter, or dealer which are used for hire or principally for transportation of persons and property, aside from the transporting of the aircraft itself, or testing or demonstrating thereof.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.28]
2002 Acts, ch 1112, §8; 2022 Acts, ch 1125, §1, 6, 7
Referred to in §328.34
[ ()]2022 amendment to subsection 1 applies to special certificates issued by the department of transportation that are valid for a period beginning after midnight on June 30, 2022; 2022 Acts, ch 1125, §7
[ ()]Provisions for special certificates issued between June 30, 2022, and October 31, 2022, see
2022 Acts, ch 1125, §7
[ ()]Subsection 1 amended
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.29 - Application for special certificate — fee.

328.29 Application for special certificate — fee.
A manufacturer, transporter, or dealer may, upon payment of a four hundred dollar fee, make application to the department upon such forms as the department may prescribe for a special certificate. The applicant shall also submit such reasonable proof of the applicant’s status as a bona fide manufacturer, transporter, or dealer as the department may require. Dealers in new aircraft shall furnish satisfactory evidence of a valid franchise with the manufacturer or distributor of such aircraft authorizing such dealership.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.29]
90 Acts, ch 1063, §5; 2002 Acts, ch 1112, §9; 2022 Acts, ch 1125, §2, 6, 7
Referred to in §328.28, 328.32, 328.36
[ ()]2022 amendment applies to special certificates issued by the department of transportation that are valid for a period beginning after midnight on June 30, 2022; 2022 Acts, ch 1125, §7
[ ()]Section amended
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.30 - Issuance of special certificate.

328.30 Issuance of special certificate.
The department upon granting an application shall issue to the applicant a special certificate containing the applicant’s name, address, and other information as the department may prescribe.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.30]
90 Acts, ch 1063, §6; 2002 Acts, ch 1112, §10
Referred to in §328.28
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.32 - Expiration of special certificate.

328.32 Expiration of special certificate.
A special certificate expires at midnight on October 31, and a new special certificate for the ensuing year may be obtained by the person to whom the expired special certificate was issued, upon application to the department and payment of the fee provided in section 328.29.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.32]
88 Acts, ch 1063, §8; 2002 Acts, ch 1112, §11; 2022 Acts, ch 1125, §3, 6, 7
Referred to in §328.28
[ ()]2022 amendment applies to special certificates issued by the department of transportation that are valid for a period beginning after midnight on June 30, 2022; 2022 Acts, ch 1125, §7
[ ()]Provisions for special certificates issued between June 30, 2022, and October 31, 2022, see
2022 Acts, ch 1125, §7
[ ()]Section amended
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.33 - Records required.

328.33 Records required.
A manufacturer, transporter, or dealer shall keep a written record of the aircraft in the manufacturer’s, transporter’s, or dealer’s inventory, which records shall be open to inspection of any peace officer, or any officer or employee of the department.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.33]
2002 Acts, ch 1112, §12
Referred to in §328.28
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.34 - Grounds for refusing, revoking, or suspending certificates.

328.34 Grounds for refusing, revoking, or suspending certificates.
The department may refuse to issue, or may revoke or suspend a certificate of registration or special certificate for any one, or any combination, of the following reasons:
1. That the application contains any false or fraudulent material statement, or that the applicant has failed to furnish required information or reasonable additional information requested, or that the applicant is not entitled to registration of the aircraft under this chapter.
2. That the department has reasonable ground to believe that the aircraft is a stolen or embezzled aircraft, or that granting of registration would constitute a fraud against the rightful owner.
3. That the required fee has not been paid.
4. That the department has reasonable ground to believe that fraudulent use, against the state or any municipality or citizen thereof, is being made of such certificate of registration or special certificate.
5. That the person making application for, or holding, the certificate is not certificated or licensed by the government of the United States or any authorized agency thereof, pursuant to the laws of the United States or any rules or regulations promulgated thereunder, to do the acts for which the person has been, or seeks to be, registered as performing, or to perform, pursuant to the provisions of this chapter.
6. That the aircraft registered, or for which application for registration is made, is not certificated or licensed for operation by the government of the United States or any authorized agency thereof, pursuant to the laws of the United States or any rules or regulations promulgated thereunder.
7. That the person making application for, or holding, a special certificate operated an aircraft for purposes of transporting, testing, demonstrating, or selling the aircraft, without registering the aircraft, after three years of holding a special certificate for the aircraft in violation of section 328.28.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.34]
2022 Acts, ch 1125, §4, 6, 7
Subsection 7 applies to special certificates issued by the department of transportation that are valid for a period beginning after midnight on June 30, 2022; 2022 Acts, ch 1125, §7
NEW subsection 7
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.35 - Exceptions to registration requirements.

328.35 Exceptions to registration requirements.
1. The provisions of sections 328.19 and 328.20 shall not apply to:
a. An aircraft which has been registered by a foreign country with which the United States has a reciprocal agreement covering the operations of registered aircraft.
b. An aircraft which is owned by a resident of this state but which is continuously located and operated beyond the boundaries of the state.
c. Any airport, landing area, or other air navigation facility owned or operated by the federal government within this state.
d. A lighter than air aircraft that is not engine driven.
e. An aircraft which is displayed in a museum.
f. An aircraft in the inventory of a manufacturer, transporter, or dealer who has a special certificate issued by the department and the special certificate is in effect.
2. No registration is required for an airport maintained for private use.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.35]
90 Acts, ch 1063, §8; 93 Acts, ch 87, §10, 11; 2000 Acts, ch 1168, §3; 2002 Acts, ch 1112, §13
Referred to in §328.21, 328.37
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.36 - Deposit and use of revenues.

328.36 Deposit and use of revenues.
1. All moneys received by the department pursuant to sections 328.21 and 328.29 shall be deposited into the state aviation fund created in section 328.56.
2. Notwithstanding subsection 1, for the fiscal year beginning July 1, 2007, and ending June 30, 2008, fifty percent of the moneys collected under section 328.21 shall be deposited in the state aviation fund in section 328.56 and fifty percent shall be deposited in the general fund of the state.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.36]
88 Acts, ch 1205, §19; 91 Acts, ch 260, §1229; 93 Acts, ch 131, §16; 94 Acts, ch 1107, §67; 2006 Acts, ch 1179, §56, 66; 2022 Acts, ch 1125, §5 – 7
Referred to in §328.56
2022 amendment to subsection 1 applies to special certificates issued by the department of transportation that are valid for a period beginning after midnight on June 30, 2022; 2022 Acts, ch 1125, §7
Subsection 1 amended
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.37 - Operations unlawful without certificate.

328.37 Operations unlawful without certificate.
Except as provided in section 328.35, it is unlawful for a person to operate, or cause or authorize to be operated, a civil aircraft, airport, or landing area in this state, unless there has been issued for the aircraft or to the airport or landing area an appropriate certificate of registration by the department and the certificate is in effect.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.37]
88 Acts, ch 1063, §9; 2002 Acts, ch 1112, §14
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.39 - Order of department — review.

328.39 Order of department — review.
1. In any case where the department refuses to issue a certificate of registration or special certificate, or in any case where it shall issue any order requiring certain things to be done, or revoking or suspending any certificate, it shall set forth its reasons and shall state the requirements to be met before such certificate will be issued or such order will be modified or changed. Any order made by the department pursuant to the provisions of this chapter shall be served upon the interested persons by certified mail or in person.
2. Any order of the department or any refusal to issue, revocation or suspension of any certificate shall be subject to judicial review in accordance with chapter 17A.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.39]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.40 - Penalties.

328.40 Penalties.
Any person who violates any of the provisions of this chapter, or who makes any material false statement or representation in any application or statement filed with the department as required by this chapter or any of the rules and regulations issued pursuant thereto shall be guilty of a fraudulent practice.
[C31, 35, §8338-c8; C39, §8338.21; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.40]
Fraudulent practices, see §714.8 – 714.14
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.41 - Operating recklessly or while intoxicated.

328.41 Operating recklessly or while intoxicated.
It shall be unlawful for any person to operate an aircraft in the air space above this state or on the ground or water within this state, while under the influence of intoxicating liquor, narcotics, or other habit-forming drug, or to operate an aircraft in the air space above this state or on the ground or water within this state in a careless or reckless manner so as to endanger the life or property of another.
1. Any person who operates an aircraft in a careless or reckless manner in violation of the provisions of this section shall be guilty of a simple misdemeanor.
2. Any person who operates any aircraft, while in an intoxicated condition or under the influence of narcotic drugs in violation of this section, shall, upon conviction or a plea of guilty, be guilty of:
a. A serious misdemeanor for the first offense.
b. An aggravated misdemeanor for the second offense.
c. A class “D” felony for a third offense.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.41]
2010 Acts, ch 1061, §123
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.42 - Nonresident registration.

328.42 Nonresident registration.
Nonresident owners of aircraft operated within this state for the intrastate transportation of persons or property for compensation or the furnishing of services for compensation or for the intrastate transportation of merchandise, shall register each such aircraft and pay the same fees therefor as is required with reference to like aircraft owned by residents of this state.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.42]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.43 - Transfer notice.

328.43 Transfer notice.
Upon the transfer of ownership of any registered aircraft, the owner shall immediately provide notice to the department stating the date of such transfer, the name and post office address with street number, if in a city, of the person to whom the aircraft was transferred, the number of the registration certificate, and such other information as the department may require.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.43]
2019 Acts, ch 28, §2
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.44 - Application by new owner.

328.44 Application by new owner.
The purchaser of the aircraft shall join in the notice of transfer to the department and shall, at the same time, make application for a new certificate of registration.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.44]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.45 - New registration upon transfer.

328.45 New registration upon transfer.
The department, if satisfied of the genuineness and regularity of such transfer, shall register said aircraft in the name of the transferee and issue a new certificate of registration as provided in this chapter.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.45]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.46 - Penalty for delay.

328.46 Penalty for delay.
If a transfer of ownership of an aircraft subject to registration is not completed within thirty days of the actual change of possession, a penalty of five dollars shall accrue against the aircraft and a certificate of registration shall not be issued until the penalty is paid.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.46]
96 Acts, ch 1152, §24
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.47 - Lien of fees.

328.47 Lien of fees.
All registration fees provided for in this chapter shall be and continue a lien against the aircraft for which said fees are payable until such time as they are paid as provided by law, with any accrued penalties.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.47]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.48 - Attachment of lien.

328.48 Attachment of lien.
The lien of the original registration fee attaches at the time it is payable as provided by law and the liens of all renewals of registration attach on the first day of each registration year.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.48]
88 Acts, ch 1063, §10
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.49 - Collection of fees.

328.49 Collection of fees.
The collection of all fees and penalties provided for in the chapter may be enforced against any aircraft or they may be collected by suit against the owner who shall remain personally liable therefor until such time as the transfer thereof shall be reported to the department or until such time as the identity of such aircraft as an aircraft has been entirely eliminated and all fees and penalties to such date shall be paid.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.49]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.50 - Penalty on delinquent registration.

328.50 Penalty on delinquent registration.
On the first day of the second month following the end of an aircraft registration period, a penalty of five percent of the annual registration fee shall be added to a fee not paid by that date, and five percent of the annual registration fee shall be added to the fee on the first day of each following month that the fee remains unpaid; however, the penalty shall not be less than one dollar.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.50]
88 Acts, ch 1063, §11
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.51 - Accrual of penalty.

328.51 Accrual of penalty.
Failure to register shall be considered delinquent and a penalty shall accrue the first day of the month following thirty days from the date of the purchase of a new aircraft or the date an aircraft is brought into the state.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.51]
90 Acts, ch 1063, §9; 96 Acts, ch 1152, §25
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.52 - Waiver.

328.52 Waiver.
The department, if it finds that a delinquency in registration was excusable and upon making a record of such finding and the reasons for such delinquency, shall have the power to waive or reduce any of the penalties provided for delinquent registrations.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.52]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.54 - Biennial report.

328.54 Biennial report.
The department shall publish biennially an airport directory which shall contain a listing of all airports in the state which are open to public use. The department may charge a reasonable fee based on the cost of publication and distribution to those persons receiving a copy of the directory.
[C77, 79, 81, §328.54]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.56 - State aviation fund.

328.56 State aviation fund.
1. A state aviation fund is created under the authority of the department. The fund shall consist of moneys deposited in the fund pursuant to sections 328.36 and 452A.82 and other moneys appropriated to the fund.
2. Moneys in the state aviation fund are appropriated to the department of transportation for use by the department for airport engineering studies, construction or improvements, and the windsock program for public airports and marketing at commercial service airports. In awarding moneys, the department shall give preference to projects that demonstrate a collaborative effort between airports.
2006 Acts, ch 1179, §57, 66; 2007 Acts, ch 22, §115; 2007 Acts, ch 219, §40
Referred to in §328.36, 452A.82
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.56A - Staggered registration for aircraft — implementation.

328.56A Staggered registration for aircraft — implementation.
To implement the change from fiscal year registration to the registration system provided for in this chapter, aircraft registered after July 1, 1988, shall be registered as follows:
1. Aircraft shall be registered for the registration year as defined in this chapter. If the registration period is for a period of less than twelve months, the registration fee shall be prorated for the remaining unexpired months, except as provided in subsection 2.
2. The owner of an aircraft for which the registration year begins on August 1 may elect to register the aircraft for a period of one month or thirteen months. The owner of an aircraft for which the registration year begins on September 1 may elect to register the aircraft for a period of two months or fourteen months. The owner of an aircraft for which the registration year begins on October 1 may elect to register the aircraft for a period of three months or fifteen months.
88 Acts, ch 1063, §12
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 328 - AERONAUTICS › Section 328.57 - Short title.

328.57 Short title.
This chapter may be cited as the “State Aeronautics Act”.
[C46, §328.41; C50, 54, 58, 62, 66, 71, 73, 75, §328.53; C77, 79, 81, §328.57]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 329 - AIRPORT ZONING › Section 329.1 - Definitions.

329.1 Definitions.
The following words, terms, and phrases, when used in this chapter, shall, for the purposes of this chapter, have the meaning herein given, unless otherwise specifically defined, or unless another intention clearly appears, or the context otherwise requires:
1. “Airport” means any area of land or water designed and set aside for the landing and take-off of aircraft and utilized, or to be utilized, in the interest of the public for such purposes.
2. “Airport hazard” means any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 C.F.R. §77.21, 77.23 and 77.25 as revised March 4, 1972, and which obstruct the air space required for the flight of aircraft and landing or take-off at an airport or is otherwise hazardous to such landing or taking off of aircraft.
3. “Airport hazard area” means any area of land or water upon which an airport hazard might be established if not prevented as provided by this chapter.
4. “Department” means the state department of transportation.
5. “Municipality” means any county or city of this state.
6. “Obstruction” means any tangible, inanimate physical object, natural or artificial, protruding above the surface of the ground.
7. “Person” means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.
8. “Structure” means any object constructed or installed by humans, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines, including the poles or other structures supporting the same.
9. “Tree” means any object of natural growth.
10. The singular shall include the plural, and the plural the singular.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §329.1]
2008 Acts, ch 1032, §106
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 329 - AIRPORT ZONING › Section 329.2 - Airport hazards contrary to public interest.

329.2 Airport hazards contrary to public interest.
It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land and other persons in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is hereby declared:
1. That the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question.
2. That it is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of airport hazards be prevented.
3. That this should be accomplished, to the extent legally possible, by proper exercise of the police power.
4. That the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which municipalities may raise and expend public funds, as an incident to the operation of airports, to acquire land or property interests therein.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §329.2]
See §657.2(8)
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 329 - AIRPORT ZONING › Section 329.3 - Zoning regulations — powers granted.

329.3 Zoning regulations — powers granted.
Every municipality having an airport hazard area within its territorial limits may adopt, administer, and enforce in the manner and upon the conditions prescribed by this chapter, zoning regulations for such airport hazard area, which regulations may divide such area into zones and, within such zones, specify the land uses permitted, and regulate and restrict, for the purpose of preventing airport hazards, the height to which structures and trees may be erected or permitted to grow. Regulations adopted under this chapter shall be made with consideration of the smart planning principles under section 18B.1.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §329.3]
2010 Acts, ch 1184, §20
Referred to in §329.4, 329.6
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 329 - AIRPORT ZONING › Section 329.5 - Prevention of airport hazards.

329.5 Prevention of airport hazards.
Any municipality owning or controlling an airport may maintain actions in equity to restrain and abate as nuisances the creation or establishment of airport hazards appertaining to said airport, in violation of any zoning regulations adopted or established pursuant to the provisions of this chapter for any area whether within or without the territorial limits of said municipality.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §329.5]
See §657.2(8)
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 329 - AIRPORT ZONING › Section 329.6 - Zoning powers.

329.6 Zoning powers.
1. If any municipality owning or controlling an airport adjacent to which there is an airport hazard area fails or refuses, within sixty days after a demand is made by the department, to adopt reasonably adequate airport zoning regulations under section 329.3, or to proceed as provided in section 329.4, the department may petition the district court of the county in which the airport hazard area, or any part thereof, is located, in the name of the state, praying that zoning regulations be established for the airport hazard area in question. The provisions of section 329.4, subsections 3 through 9, shall apply to such actions provided, however, that the municipality shall be joined as a party defendant in the action.
2. The department may maintain actions in equity to restrain and abate as nuisances the creation or establishment of airport hazards appertaining to any airport within the state, in violation of any zoning regulations adopted or established pursuant to the provisions of this chapter.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §329.6]
2021 Acts, ch 80, §194; 2022 Acts, ch 1032, §53
Subsection 1 amended
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 329 - AIRPORT ZONING › Section 329.7 - Relation to comprehensive zoning regulations.

329.7 Relation to comprehensive zoning regulations.
Any municipality which adopts zoning ordinances under chapter 414 or chapter 335 may incorporate therein airport hazard area zoning regulations and administer and enforce them as provided in this chapter.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §329.7; 81 Acts, ch 117, §1051]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 329 - AIRPORT ZONING › Section 329.8 - Conflicting regulations.

329.8 Conflicting regulations.
In the event of any conflict between any airport zoning regulations adopted or established under this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §329.8]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 329 - AIRPORT ZONING › Section 329.9 - Procedure for adopting zoning regulations — zoning commission.

329.9 Procedure for adopting zoning regulations — zoning commission.
In adopting, amending, and repealing airport zoning regulations under this chapter the governing body of a city shall follow the procedure in sections 414.4 and 414.6 and the board of supervisors of a county shall follow the procedure in sections 335.6 and 335.8. The commission so appointed shall be known as the airport zoning commission. The airport zoning commission shall consist of two members from each municipality selected by the governing body and one additional member to act as chairperson and to be selected by a majority vote of the members selected by the municipality. The terms of the members of the airport zoning commission shall be for six years excepting that when the board is first created, one of the members appointed by each municipality shall be appointed for a term of two years and one for a term of four years. Members may be removed for cause by the appointing authority upon written charges after public hearing. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which the member was selected.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §329.9; 81 Acts, ch 117, §1052]
Referred to in §331.321
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 329 - AIRPORT ZONING › Section 329.10 - Airport zoning requirements.

329.10 Airport zoning requirements.
1. All airport zoning regulations adopted under this chapter shall be reasonable and none shall impose any requirement or restriction which is not necessary to effectuate the purposes of this chapter.
2. a. Airport zoning regulations adopted under this chapter may require, at the municipality’s expense, the removal, lowering, or other change or alteration of any structure or tree, or a change in use, not conforming to the regulations when adopted or amended.
b. Airport zoning regulations adopted under this chapter may require a property owner to permit the municipality at its own expense to install, operate, and maintain on the property markers and lights as necessary to indicate to operators of aircraft the presence of the airport hazard.
3. All such regulations may provide that a preexisting nonconforming structure, tree, or use, shall not be replaced, rebuilt, altered, allowed to grow higher, or replanted, so as to constitute a greater airport hazard than it was when the airport zoning regulations or amendments to the regulations were adopted.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §329.10]
90 Acts, ch 1022, §1
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 329 - AIRPORT ZONING › Section 329.11 - Variances.

329.11 Variances.
Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree, or otherwise use the person’s property in violation of airport zoning regulations adopted under this chapter, may apply to the board of adjustment for a variance from the zoning regulations. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest, but would do substantial justice and be in accordance with the spirit of the regulations and this chapter; provided, however, that any such variance may be allowed subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purposes of this chapter, including the reservation of the right of the municipality, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to operators of aircraft the presence of the airport hazard.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §329.11]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 329 - AIRPORT ZONING › Section 329.12 - Board of adjustment — creation — powers — duties.

329.12 Board of adjustment — creation — powers — duties.
1. The governing body of any municipality seeking to exercise powers under this chapter shall by ordinance provide for the appointment of a board of adjustment, as provided in section 414.7 for a city, or as provided in section 335.10 for a county. The board of adjustment has the same powers and duties, and its procedure and appeals are subject to the same provisions as established in sections 414.9 through 414.18 for a city, or sections 335.12 through 335.21 for a county.
2. a. The board of adjustment shall consist of two members from each municipality, selected by the governing body thereof, and one additional member to act as chairperson and to be selected by a majority vote of the members selected by the municipality.
b. The terms of the members of the board of adjustment shall be for five years, excepting that when the board shall first be created, one of the members appointed by each municipality shall be appointed for a term of two years and one for a term of four years.
c. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which that member was selected.
d. Members shall be removable for cause by the appointing authority upon written charges and after public hearing.
3. The concurring vote of a majority of the board shall be necessary to do any of the following:
a. Reverse any order, requirement, decision, or determination of any administrative official.
b. Decide in favor of the applicant on any matter upon which the board is required to pass under any regulations adopted pursuant to this chapter.
c. Effect any variance from any regulations adopted pursuant to this chapter.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §329.12; 81 Acts, ch 117, §1053]
2010 Acts, ch 1069, §116; 2019 Acts, ch 59, §102
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 329 - AIRPORT ZONING › Section 329.13 - Administration of airport zoning regulations.

329.13 Administration of airport zoning regulations.
All airport zoning regulations adopted under this chapter shall provide for the administration and enforcement of such regulations by an administrative agency, which may be an agency created by such regulations, or by any official, board, or other existing agency of the municipality adopting the regulations, or of one or both of the municipalities which participated therein, but in no case shall such administrative agency be or include any member of the board of adjustment. The duties of any administrative agency designated pursuant to this chapter shall not include any of the powers herein delegated to the board of adjustment.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §329.13]
2005 Acts, ch 3, §64