2023 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.