reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.520 - Action on petition; order setting aside area for landing field; user permits; revocation of order or permit.

The State Aviation Board shall give due consideration to each petition submitted under ORS 836.515, and may in its discretion order a public hearing in the vicinity in which it is proposed to establish the landing field, at which hearing all persons interested may appear and be heard. If after due consideration the board is of the opinion that the best interests of the general public will be served by granting the petition, an order may be made which shall be entered in the minutes of the board. The order shall provide that the described area shall be set aside as a landing field for aircraft and the order may authorize the issuance of a permit to the applicant to use the field for said purpose. The permit shall contain such conditions and safeguards with respect to policing and other matters incident to the public welfare as the board deems proper for the safety of the general public. The board may, for a violation of any of the terms or conditions of the permit, recall and cancel the same. The board may in its discretion vacate the order setting aside the area for a landing field whenever in the judgment of the board the interests of the general public warrant such action. [Formerly 492.800]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.525 - Enforcement of ORS 836.510 and 836.520.

The law enforcing agencies authorized to enforce the laws of the state with respect to the rules of the road and the regulation of motor vehicles using the public highways of the state are likewise authorized to enforce ORS 836.510 and 836.520. [Formerly 492.810]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.530 - Rules and standards; orders; appeals; fees.

(1) In addition to any other rulemaking authority, the Director of the Oregon Department of Aviation may adopt rules:
(a) To define physical hazards to air navigation and determine whether specific types or classes of objects or structures constitute hazards. Rules defining physical hazards and determining whether specific types or classes of objects or structures constitute hazards may be adopted only after a fact-finding process and must be supported by substantial evidence.
(b) Establishing standards for lighting or marking objects and structures that constitute hazards to air navigation.
(c) Establishing standards for mitigating physical hazards to air navigation by altering the height or location of objects and structures.
(d) Establishing standards for mitigating hazards to air navigation by altering approach surface standards or installing navigational aids.
(e) Establishing a fee to cover the costs of tall structure evaluations.
(2) In accordance with the rules adopted under this section, the director shall do the following:
(a) Determine whether specific objects or structures constitute a hazard to air navigation.
(b) Determine responsibility for installation and maintenance of lighting or marking and for alteration of the height or location of specific objects or structures that constitute hazards to air navigation.
(c) Issue orders to require that specific objects or structures determined to be hazards to air navigation be marked or lighted in accordance with rules adopted under this section.
(d) Make recommendations to the Federal Aviation Administration to require that airports alter approach surface standards or install navigational aids for the purpose of mitigating hazards to air navigation.
(3) Rules and standards adopted under this section are limited to and may not be more restrictive than current federal norms, including but not limited to, regulations and circulars, pertaining to objects affecting navigable airspace.
(4) Any person or entity required to comply with an order issued under this section may contest the order as provided under ORS chapter 183. [Formerly 492.820; 1999 c.935 §37; 2009 c.399 §3; 2021 c.566 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.535 - Hazards to air navigation prohibited; exceptions.

(1) A person may not construct an object or structure that constitutes a physical hazard to air navigation, as determined by the Oregon Department of Aviation in coordination with the governing body with land use jurisdiction over the property.
(2) Subsection (1) of this section does not apply:
(a) To construction of an object or structure that is utilized by a commercial mobile radio service provider; or
(b) If a person received approval or submitted an application for approval from the Federal Aviation Administration or the Energy Facility Siting Council established under ORS 469.450 to construct an object or structure that constitutes a physical hazard to air navigation. [2009 c.399 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.600 - Policy.

In recognition of the importance of the network of airports to the economy of the state and the safety and recreation of its citizens, the policy of the State of Oregon is to encourage and support the continued operation and vitality of Oregon’s airports. Such encouragement and support extends to all commercial and recreational uses and activities described in ORS 836.616 (2). [1995 c.285 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.605 - Definitions for ORS 836.600 to 836.630.

As used in ORS 836.600 to 836.630:
(1) "Aircraft" means helicopters and airplanes but not hot air balloons or ultralights.
(2) "Airports" means the strip of land used for taking off and landing aircraft, together with all adjacent land used in 1994 in connection with the aircraft landing or taking off from the strip of land, including but not limited to land used for the existing commercial and recreational airport uses and activities as of December 31, 1994. [1995 c.285 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.610 - Local government land use plans and regulations to accommodate airport zones and uses; funding; rules.

(1) Local governments shall amend their comprehensive plan and land use regulations consistent with the rules for airports adopted by the Land Conservation and Development Commission under ORS 836.616 and 836.619. Airports subject to the rules shall include:
(a) Publicly owned airports registered, licensed or otherwise recognized by the Department of Transportation on or before December 31, 1994, that in 1994 were the base for three or more aircraft; and
(b) Privately owned public-use airports specifically identified in administrative rules of the Oregon Department of Aviation that:
(A) Provide important links in air traffic in this state;
(B) Provide essential safety or emergency services; or
(C) Are of economic importance to the county where the airport is located.
(2)(a) Local governments shall amend their comprehensive plan and land use regulations as required under subsection (1) of this section not later than the first periodic review, as described in ORS 197.628 to 197.651, conducted after the date of the adoption of a list of airports by the Oregon Department of Aviation under subsection (3) of this section.
(b) A state agency or other person may provide funding to a local government to accomplish the planning requirements of this section earlier than otherwise required under this subsection.
(3) The Oregon Department of Aviation by rule shall adopt a list of airports described in subsection (1) of this section. The rules shall be reviewed and updated periodically to add or remove airports from the list. An airport may be removed from the list only upon request of the airport owner or upon closure of the airport for a period of more than three years. [1995 c.285 §4; 1997 c.859 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.612 - Approval or expansion of land use activities subject to prior court decisions.

Nothing in ORS 836.608 or 836.616 is intended to allow the approval or expansion of a land use activity inside the boundaries of an airport if the activity has been limited or prohibited by the decision of a court of competent jurisdiction rendered prior to August 13, 1997. [1997 c.859 §6]
Note:
See note under 836.608.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.616 - Rules for airport uses and activities.

(1) Following consultation with the Oregon Department of Aviation, the Land Conservation and Development Commission shall adopt rules for uses and activities allowed within the boundaries of airports identified in ORS 836.610 (1) and airports described in ORS 836.608 (2).
(2) Within airport boundaries established pursuant to commission rules, local government land use regulations shall authorize the following uses and activities:
(a) Customary and usual aviation-related activities including but not limited to takeoffs, landings, aircraft hangars, tie-downs, construction and maintenance of airport facilities, fixed-base operator facilities and other activities incidental to the normal operation of an airport;
(b) Emergency medical flight services;
(c) Law enforcement and firefighting activities;
(d) Flight instruction;
(e) Aircraft service, maintenance and training;
(f) Crop dusting and other agricultural activities;
(g) Air passenger and air freight services at levels consistent with the classification and needs identified in the State Aviation System Plan;
(h) Aircraft rental;
(i) Aircraft sales and sale of aviation equipment and supplies; and
(j) Aviation recreational and sporting activities.
(3) All land uses and activities permitted within airport boundaries, other than the uses and activities established under subsection (2) of this section, shall comply with applicable land use laws and regulations. A local government may authorize commercial, industrial and other uses in addition to those listed in subsection (2) of this section within an airport boundary where such uses are consistent with applicable provisions of the acknowledged comprehensive plan, statewide land use planning goals and commission rules and where the uses do not create a safety hazard or limit approved airport uses.
(4) The provisions of this section do not apply to airports with an existing or approved control tower on June 5, 1995. [1997 c.859 §5 (enacted in lieu of 836.615)]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.619 - State compatibility and safety standards for land uses near airports; rules.

Following consultation with the Oregon Department of Aviation, the Land Conservation and Development Commission shall adopt rules establishing compatibility and safety standards for uses of land near airports identified in ORS 836.610 (1). [1997 c.859 §8 (enacted in lieu of 836.620)]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.625 - Application to airport uses of land use limitations in farm use zones; effect on tax assessment.

(1) The limitations on uses made of land in exclusive farm use zones described in ORS 215.213 and 215.283 do not apply to the provisions of ORS 836.600 to 836.630 regarding airport uses.
(2) The provisions of this section do not affect the eligibility of a zone for special assessment under ORS 308A.050 to 308A.128. [1995 c.285 §7; 1997 c.859 §11; 1999 c.314 §77]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.630 - Siting of new airports to comply with land use laws; limitation on rules.

(1) Nothing in ORS 836.600 to 836.625 shall be interpreted to allow the siting of a new airport except as provided in ORS chapters 197, 197A and 215 and in conformance with all applicable land use regulations and ordinances.
(2) The Oregon Department of Aviation shall propose and the Land Conservation and Development Commission shall adopt rules under ORS 836.616 and 836.619 that are no more restrictive than the commission determines necessary to effect the policy established in ORS 836.600.
(3) The provisions of ORS 836.600 to 836.630 and any rules established hereunder shall be liberally construed to further the policy established in ORS 836.600. [1995 c.285 §8; 1997 c.859 §12]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.636 - Vertiports.

(1) As used in this section:
(a) "Local government" has the meaning given that term in ORS 174.116.
(b) "Vertiport" means an area of land or a structure used, or intended to be used, for vertical takeoff and landing aircraft.
(2) The governing body of a local government may not grant an exclusive right to one operator to develop vertiports or control vertiport operations within the local government’s jurisdiction. [2023 c.516 §1]
Note:
836.636 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 836 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.640 - Definitions for ORS 836.640 and 836.642.

As used in this section and ORS 836.642:
(1) "Airport boundary" includes the combined public and private properties that are permitted to have direct access to the airport runway by aircraft.
(2) "Customary and usual aviation-related activity" includes activities described in ORS 836.616 (2) and includes activities that a local government may authorize pursuant to ORS 836.616 (3).
(3) "Pilot site" means a rural airport identified to participate in the pilot program pursuant to ORS 836.642.
(4) "Rural airport" means an airport described in ORS 836.610 (1) that principally serves a city or metropolitan statistical area with a population of 500,000 or fewer.
(5) "Through the fence operation" means a customary and usual aviation-related activity that:
(a) Is conducted by a commercial or industrial user of property within an airport boundary; and
(b) Relies, for business purposes, on the ability to taxi aircraft directly from the property employed for the commercial or industrial use to an airport runway. [2005 c.820 §2; 2009 c.11 §100; 2009 c.398 §1; 2016 c.35 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.990 - Civil penalties.

(1) In addition to any other penalty provided by law, the Director of the Oregon Department of Aviation may impose a civil penalty not to exceed $2,500 for each violation of ORS 836.505 or any rule adopted or order issued under ORS 836.505.
(2) The director shall impose civil penalties under this section in the manner provided in ORS 183.745.
(3) All penalties recovered by the Oregon Department of Aviation under this section shall be paid into the State Treasury and deposited to the credit of the State Aviation Account. Such moneys shall be used by the department for the purpose of carrying out ORS 836.505. [2019 c.226 §1]
Note:
836.990 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 836 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.005 - Exemptions of certain aircraft from requirements of registration; rules.

ORS 837.015 and 837.040 to 837.070 do not apply to:
(1) Aircraft owned by any person, firm or corporation and certificated by the appropriate federal agency for domestic or foreign scheduled air commerce;
(2) Military aircraft of the United States of America;
(3) Aircraft licensed by a foreign country with which the United States has reciprocal relations exempting aircraft registered by the United States, or any political subdivision thereof, from registration within such foreign country; or
(4) Classes of aircraft designated as exempt by rules adopted by the State Aviation Board. [Formerly 493.010; 2005 c.22 §520; 2005 c.75 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.030 - Exhibition of certificate on demand.

Every pilot operating within this state shall present a federal certificate of competency on demand. The certificate shall be kept in the personal possession of the licensee when operating aircraft within this state and must be presented for inspection upon demand of any passenger, peace officer, official manager in charge of any airport, other aircraft operator or federal or state agent. [Formerly 493.060; 2017 c.226 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.040 - Persons required to register aircraft; application; timing; late fees; rules.

(1) Except as provided in subsection (2) of this section, the following are required to register civil aircraft with the Oregon Department of Aviation:
(a) The owner of a civil aircraft that is capable of flight and that is based in this state.
(b) The owner of a civil aircraft that is used for commercial operations in this state.
(2) An owner need not register a civil aircraft that is:
(a) Exempted by the provisions of ORS 837.005; or
(b) Subject to assessment and taxation under ORS 308.558.
(3) An owner who is otherwise required to comply with subsection (1) of this section is not exempt from compliance because the aircraft has an appropriate, effective permit or license issued by the United States.
(4) An owner applying for registration of an aircraft under this section shall file an application form supplied by the department. The State Aviation Board may adopt rules specifying the information that may be required on the application form.
(5)(a) The owner of a civil aircraft that is based in Oregon shall register the aircraft within 60 days of the date the aircraft becomes subject to registration. The owner of a civil aircraft that is not based in Oregon but that is used in Oregon for commercial operations shall register the aircraft prior to the first time the aircraft is used in Oregon for commercial operations.
(b) The department may impose a late fee on a person who fails to register an aircraft within the time required by this subsection. The board may determine by rule the amount of late fees that may be imposed under this paragraph. The board may adopt a graduated schedule of late fees, but the maximum amount of a late fee may not be more than the amount of the registration fee.
(6) An application for registration must be accompanied by the registration fee specified in ORS 837.045 and, if a late fee is imposed under subsection (5) of this section, by the late fee.
(7) Registration under this section is not complete until the owner receives a notice of registration from the department. [Formerly 493.080; 1993 c.741 §95; 2005 c.75 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.045 - Fee schedule.

(1) The registration fee to be paid under ORS 837.040, and the fee to be paid upon renewal of registration under ORS 837.060, is as follows:
______________________________________________________________________________
AIRCRAFT CLASSIFICATION
AND FEE SCHEDULE
Single engine fixed wing, piston $ 65
Single engine fixed wing, turboprop 250
Multiengine fixed wing, piston 150
Multiengine fixed wing, turboprop 300
Turbojet fixed wing 700
Helicopter piston engine 65
Helicopter turbine engine 175
Lighter than air, home built,
sailplane, experimental or gyrocopter 55
Ultralight aircraft 55
Ex-military multiengine or turbojet/
ex-air carrier 300
______________________________________________________________________________
(2) Any registration fees and penalties due in a previous year but not paid remain due and payable and may be collected by the Oregon Department of Aviation prior to renewal of registration of the aircraft in the current year. [Formerly 493.090; 1991 c.186 §2; 1997 c.585 §8; 2005 c.75 §3; 2009 c.693 §1; 2015 c.450 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.050 - Transfer of aircraft registration moneys to State Aviation Account.

Notwithstanding ORS 293.445, the Oregon Department of Aviation may transfer to the State Aviation Account any and all moneys paid for aircraft registration under ORS 837.040 and 837.045 if the registration is not completed due to the failure of the aircraft owner to pay the appropriate registration fee or penalty due. This section applies to all moneys paid, but not yet refunded and to future payments. [Formerly 493.095]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.055 - Assignment of number; delivery of certificate of registration; duplicate certificates; applications as public records.

(1) Upon receipt of an application for registration of any aircraft and payment of the required license fee, the Director of the Oregon Department of Aviation shall assign to the application and the aircraft to be registered a distinctive number and register the facts stated in the application and the number in an index to be kept for that purpose.
(2) A certificate of registration, bearing the same number assigned to the application, and in a form and design to be determined by the Oregon Department of Aviation, shall be delivered to the owner of the aircraft without further expense to such applicant.
(3) The following apply to the use and display of certificates of registration and other signs denoting registration for aircraft:
(a) The certificate of registration shall be carried in the aircraft at all times.
(b) No sign to denote registration of aircraft by the State of Oregon, other than those furnished by the director, shall be used.
(4) Duplicate certificates of registration may be obtained, upon proof of loss or destruction of the original, by application therefor to the department and the payment of $15 for each additional certificate. The facts stated in any application for registration shall be a public record and open to inspection by the public during reasonable office hours.
(5) Registration of an aircraft does not require, nor does it constitute, evidence of legal ownership of the aircraft. [Formerly 493.100; 1993 c.161 §1; 1993 c.741 §96; 1997 c.585 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.060 - Expiration and renewal of registrations; late fees.

(1) All registrations under ORS 837.040 expire annually on the anniversary of the date the aircraft is originally registered with the Oregon Department of Aviation.
(2) The owner of an aircraft subject to renewal of registration shall renew the registration on or before the date of expiration by filing a form provided by the department and paying the fee for renewal of registration established in ORS 837.045. The department may impose a late fee on a person who fails to renew registration within the time required in the same manner and in the same amounts as late fees imposed under ORS 837.040. [Formerly 493.110; 1991 c.186 §3; 1997 c.585 §9; 2005 c.75 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.065 - Effect of paying aircraft registration fee with worthless check.

If any person pays the aircraft registration fee to the Oregon Department of Aviation with a bank check and the check is returned to the department as uncollectible, the Director of the Oregon Department of Aviation shall charge the person the fee for dishonored checks under ORS 30.701 (5). If the person does not pay the fee charged under this section, the director may do all of the following:
(1) Suspend the registration in payment of which the check was presented; and
(2) Authorize any department employee or police officer to seize and recover the registration certificate and any other evidence of the suspended registration certificate. [Formerly 493.120; 1997 c.585 §5; 2017 c.226 §5]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.070 - Notice of sale of aircraft; transfer of registration; fee.

(1) Upon the purchase of any aircraft registered in accordance with ORS 837.040, title to the certificate of registration assigned thereto shall vest in the purchaser. Within 10 days after the date of:
(a) Purchase, the purchaser shall file with the Oregon Department of Aviation an application to transfer the registration, stating the name and business address of the purchaser, the name of the seller, the registration number assigned to the aircraft, and a brief description of the aircraft as required for an original registration.
(b) Sale, the seller shall notify the Director of the Oregon Department of Aviation of the sale with the name and address of the purchaser, registration number assigned to the aircraft and a brief description of the aircraft as required for an original registration.
(2) Upon the receipt of the application and the payment of a fee of $15, the director shall transfer the license and registration number to the purchaser, and shall record the transfer. No sale or transfer of any aircraft registered under ORS 837.040 shall be valid without compliance with the provisions of this section. If an aircraft is not registered at the time of purchase, even though the aircraft may have been purchased within the state, new or used, the purchaser shall register it in accordance with ORS 837.040 and 837.045. [Formerly 493.130; 1993 c.741 §97; 1997 c.585 §6]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.075 - Aircraft dealer’s license; fee.

(1) Any dealer in new or used aircraft, or both, shall apply to the Oregon Department of Aviation for a dealer’s license. Upon such application, the department shall issue an aircraft dealer’s license to the applicant for an annual fee of $250. The dealer’s license shall be in lieu of all other licenses or registration required by ORS 837.040 upon the dealer’s aircraft within this state, so long as they are kept for resale and are not used in commercial operations within this state.
(2) This section does not prohibit the registering of a dealer’s aircraft under ORS 837.040.
(3) Upon the sale by a dealer of an aircraft which is not registered under ORS 837.040, the dealer shall advise the purchaser of the registration requirements under ORS 837.040 to 837.070 and furnish the purchaser with the proper application forms. [Formerly 493.140; 1997 c.585 §7]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.080 - Prohibited operation of aircraft.

(1) A person commits the offense of prohibited operation of an aircraft if the person operates an aircraft in the air, or on the ground or water:
(a) While the person is under the influence of intoxicating liquor, drugs or controlled substances.
(b) In a careless or reckless manner so as to endanger the life or property of another.
(2) The offense described in this section, prohibited operation of an aircraft, is punishable as provided under ORS 837.990. [Formerly 493.160]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.085 - Dropping articles without permit prohibited; exceptions.

(1) Unless a permit is granted by the Director of the Oregon Department of Aviation or except in an emergency, no person shall throw or drop any missile or other article or substance from any aircraft in flight, except over ground temporarily or permanently devoted to flying, or over open water.
(2) This section does not prohibit, or require a permit for, the use of an airplane for crop dusting or any other agricultural purposes or for seeding any agricultural or horticultural crop or for dusting or spraying in furtherance of insect and pest control. Any such use of an airplane shall be made with due regard for the safety of others. [Formerly 493.170]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.095 - Flying over military and naval establishments; photographs from airplanes.

No person shall fly over a government fort or tract of land set aside for military or naval purpose, nor shall any person make any photograph or map of such fort or land from any aircraft without written permission having been obtained from the person in command of the fort or land. [Formerly 493.190]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.100 - Issuance of citations for violations.

In addition to any other persons permitted to enforce violations, the Director of the Oregon Department of Aviation and any employee specifically designated by the director may issue citations for violations established under ORS 837.990 in the manner provided by ORS chapter 153. [Formerly 493.225; 1991 c.460 §11; 1999 c.1051 §114; 2011 c.597 §148]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.300 - Definitions.

As used in ORS 837.300 to 837.390 and 837.995:
(1) "Aircraft" has the meaning given that term in ORS 836.005.
(2) "Law enforcement agency" means an agency that employs peace officers, as defined in ORS 133.005, or that prosecutes offenses.
(3) "Public body" has the meaning given that term in ORS 174.109.
(4) "Unmanned aircraft system" means an unmanned flying machine, commonly known as a drone, and its associated elements, including communication links and the components that control the machine.
(5) "Warrant" means a warrant issued under ORS 133.525 to 133.703. [2013 c.686 §1; 2015 c.315 §1; 2016 c.72 §1]
Note:
837.300 to 837.390 and 837.995 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 837 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.310 - Restrictions; exceptions.

(1) Except as otherwise provided in ORS 837.310 to 837.345, a law enforcement agency may not operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system or disclose information acquired through the operation of an unmanned aircraft system.
(2) Any image or other information that is acquired through the use of an unmanned aircraft system by a law enforcement agency in violation of ORS 837.310 to 837.345, and any evidence derived from that image or information:
(a) Is not admissible in, and may not be disclosed in, a judicial proceeding, administrative proceeding, arbitration proceeding or other adjudicatory proceeding; and
(b) May not be used to establish reasonable suspicion or probable cause to believe that an offense has been committed. [2013 c.686 §2; 2015 c.315 §2]
Note:
See note under 837.300.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.320 - Authorized use upon issuance of warrant; exigent circumstances.

(1) A law enforcement agency may operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system, or disclose information acquired through the operation of an unmanned aircraft system, if:
(a) A warrant is issued authorizing use of an unmanned aircraft system; or
(b) The law enforcement agency has probable cause to believe that a person has committed a crime, is committing a crime or is about to commit a crime, and exigent circumstances exist that make it unreasonable for the law enforcement agency to obtain a warrant authorizing use of an unmanned aircraft system.
(2) A warrant authorizing the use of an unmanned aircraft system must specify the period for which operation of the unmanned aircraft system is authorized. In no event may a warrant provide for the operation of an unmanned aircraft system for a period of more than 30 days. Upon motion and good cause shown, a court may renew a warrant after the expiration of the 30-day period. [2013 c.686 §3; 2015 c.315 §3]
Note:
See note under 837.300.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.330 - Written consent.

A law enforcement agency may operate an unmanned aircraft system for the purpose of acquiring information about an individual, or about the individual’s property, if the individual has given written consent to the use of an unmanned aircraft system for those purposes. [2013 c.686 §4; 2015 c.315 §4]
Note:
See note under 837.300.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.335 - Search and rescue; use in emergencies.

(1) A law enforcement agency may operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system, or disclose information acquired through the operation of an unmanned aircraft system, for the purpose of search and rescue activities, as defined in ORS 404.200.
(2) A law enforcement agency may operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system, or disclose information acquired through the operation of an unmanned aircraft system, for the purpose of assisting an individual in an emergency if:
(a) The law enforcement agency reasonably believes that there is an imminent threat to the life or safety of the individual, and documents the factual basis for that belief; and
(b) Not more than 48 hours after the emergency operation begins, an official of the law enforcement agency files a sworn statement with the circuit court that describes the nature of the emergency and the need for use of an unmanned aircraft system.
(3) A law enforcement agency may operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system, or disclose information acquired through the operation of an unmanned aircraft system, during a state of emergency that is declared by the Governor under ORS chapter 401 if:
(a) The unmanned aircraft system is used only for the purposes of preserving public safety, protecting property or conducting surveillance for the assessment and evaluation of environmental or weather related damage, erosion or contamination; and
(b) The unmanned aircraft system is operated only in the geographical area specified in a proclamation pursuant to ORS 401.165 (5). [2013 c.686 §5; 2015 c.315 §5]
Note:
See note under 837.300.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.340 - Investigations of crimes and accidents.

(1) A law enforcement agency may operate an unmanned aircraft system, acquire information through the operation of an unmanned aircraft system, or disclose information acquired through the operation of an unmanned aircraft system, for the purpose of reconstruction of a specific crime scene or accident scene, or similar physical assessment, related to a specific investigation.
(2) The period that a law enforcement agency may operate an unmanned aircraft system under this section may not exceed five days for the purpose of reconstruction of a specific crime scene or accident scene, or similar physical assessment, related to a specific investigation. [2013 c.686 §6; 2015 c.315 §6; 2017 c.502 §2]
Note:
See note under 837.300.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.345 - Training.

(1) A law enforcement agency may operate an unmanned aircraft system for the purpose of training in:
(a) The use of unmanned aircraft systems; and
(b) The acquisition of information through the operation of an unmanned aircraft system.
(2) Any image or other information that is acquired through the use of an unmanned aircraft system by a law enforcement agency under this section, and any evidence derived from that image or information:
(a) Is not admissible in, and may not be disclosed in, a judicial proceeding, administrative proceeding, arbitration proceeding or other adjudicatory proceeding; and
(b) May not be used to establish reasonable suspicion or probable cause to believe that an offense has been committed. [2013 c.686 §7; 2015 c.315 §7]
Note:
See note under 837.300.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.350 - Restrictions; authorized use; rules.

(1) The State Parks and Recreation Commission shall adopt rules managing the use of unmanned aircraft systems by people in state parks to protect natural, cultural, scenic and recreational resources in a park property or adjacent areas while providing for enjoyment of recreational use of unmanned aircraft systems.
(2) Subject to ORS 837.300 to 837.390, rules adopted under this section may allow:
(a) The State Parks and Recreation Department and the department’s agents and contractors to use unmanned aircraft systems in carrying out the duties of the department.
(b) The use of unmanned aircraft systems for the purpose of resource management, emergency operations or protection of property. [2021 c.172 §2]
Note:
See note under 837.300.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.362 - Policies and procedures for use of data.

(1) A public body that operates an unmanned aircraft system shall establish policies and procedures for the use, storage, accessing, sharing and retention of data, including but not limited to video and audio recordings, resulting from the operation of the unmanned aircraft system.
(2) The public body shall post the following information on the public body’s website or otherwise make the following information available to the public:
(a) The policies and procedures established under this section.
(b) The text of ORS 192.345.
(3) The policies and procedures established under this section must include:
(a) The length of time data will be retained by the public body.
(b) Specifications for third party storage of data, including handling, security and access to the data by the third party.
(c) A policy on disclosure of data through intergovernmental agreements. [2016 c.72 §7]
Note:
See note under 837.300.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.370 - Operation over privately owned premises; penalties.

(1) Except as provided in subsection (2) of this section, a person may not operate an unmanned aircraft system over the boundaries of privately owned premises in a manner so as to intentionally, knowingly or recklessly harass or annoy the owner or occupant of the privately owned premises.
(2) Subsection (1) of this section does not apply to the use of an unmanned aircraft system by a law enforcement agency under ORS 837.335.
(3)(a) Except as provided in paragraphs (b) and (c) of this subsection, violation of subsection (1) of this section is a Class B violation.
(b) If, at the time of the offense, the person has one prior conviction under this section, violation of subsection (1) of this section is a Class A violation.
(c) If, at the time of the offense, the person has two or more prior convictions under this section, violation of subsection (1) of this section is a Class B misdemeanor.
(d) If the court imposes a sentence of probation for a violation under paragraph (c) of this subsection, the court may order as a condition of probation that the person may not possess an unmanned aircraft system. [2017 c.502 §4]
Note:
See note under 837.300.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.372 - Operation over critical infrastructure facility; penalty.

(1) As used in this section, "critical infrastructure facility" means any of the following facilities, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if marked with a sign conspicuously posted on the property that indicates that entry is forbidden:
(a) A petroleum or alumina refinery;
(b) An electrical power generating facility, substation, switching station or electrical control center;
(c) A chemical, polymer or rubber manufacturing facility;
(d) A water intake structure, water treatment facility, wastewater treatment plant or pump station;
(e) A natural gas compressor station;
(f) A liquid natural gas terminal or storage facility;
(g) A telecommunications central switching office;
(h) A port, railroad switching yard, trucking terminal or other freight transportation facility;
(i) A gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas;
(j) A transmission facility used by a federally licensed radio or television station;
(k) A steelmaking facility that uses an electric arc furnace to make steel;
(L) A dam that is classified as a high hazard by the Water Resources Department;
(m) Any portion of an aboveground oil, gas or chemical pipeline that is enclosed by a fence or other physical barrier that is obviously designed to exclude intruders; or
(n) A correctional facility or law enforcement facility.
(2) Except as provided in subsection (3) of this section, a person commits a Class A violation if the person intentionally or knowingly:
(a) Operates an unmanned aircraft system over a critical infrastructure facility at an altitude not higher than 400 feet above ground level; or
(b) Allows an unmanned aircraft system to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility.
(3) This section does not apply to:
(a) The federal government.
(b) A public body.
(c) A law enforcement agency.
(d) A person under contract with or otherwise acting under the direction or on behalf of the federal government, a public body or a law enforcement agency.
(e) An owner or operator of the critical infrastructure facility.
(f) A person who has the prior written consent of the owner or operator of the critical infrastructure facility.
(g) The owner or occupant of the property on which the critical infrastructure facility is located.
(h) A person who has the prior written consent of the owner or occupant of the property on which the critical infrastructure facility is located.
(i) A person operating an unmanned aircraft system for commercial purposes in compliance with authorization granted by the Federal Aviation Administration. [2016 c.72 §13]
Note:
See note under 837.300.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.374 - Reckless interference with aircraft; penalties.

(1) Except as provided in subsection (3) of this section, a person commits a Class A violation if the person possesses or controls an unmanned aircraft system and recklessly causes the unmanned aircraft system to:
(a) Direct a laser at an aircraft while the aircraft is in the air;
(b) Crash into an aircraft while the aircraft is in the air;
(c) Prevent the takeoff or landing of an aircraft; or
(d) Interfere with a wildfire suppression, law enforcement or emergency response effort.
(2) Except as provided in subsection (3) of this section, a person commits a Class A misdemeanor if the person possesses or controls an unmanned aircraft system and knowingly or intentionally causes the unmanned aircraft system to:
(a) Direct a laser at an aircraft while the aircraft is in the air;
(b) Crash into an aircraft while the aircraft is in the air;
(c) Prevent the takeoff or landing of an aircraft; or
(d) Interfere with a wildfire suppression, law enforcement or emergency response effort.
(3) A person commits a Class A felony if the person possesses or controls an unmanned aircraft system and knowingly, intentionally or recklessly causes death or serious physical injury, as defined in ORS 161.015, to another person by causing the unmanned aircraft system to:
(a) Direct a laser at an aircraft while the aircraft is in the air;
(b) Crash into an aircraft while the aircraft is in the air; or
(c) Prevent the takeoff or landing of an aircraft.
(4) Notwithstanding subsection (1) of this section, a person commits a Class A misdemeanor if the person violates subsection (1) of this section and the person has one or more convictions under subsection (1) of this section at the time of the offense.
(5) In addition to and not in lieu of any other sentence the court may impose, upon a person’s second or subsequent conviction under this section, the court shall, at the time of sentencing, declare the unmanned aircraft system used in the offense to be contraband and order that the unmanned aircraft system be forfeited. [2016 c.72 §5; 2019 c.337 §1; 2023 c.114 §1; 2023 c.249 §1]
Note:
See note under 837.300.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 837 - Aircraft Operation › Section 837.375 - Interference with an unmanned aircraft system; unauthorized control.

In addition to any other remedies allowed by law, a person who intentionally interferes with, or gains unauthorized control over, an unmanned aircraft system licensed by the Federal Aviation Administration, or operated by the Armed Forces of the United States as defined in ORS 352.313, an agency of the United States or a federal, state or local law enforcement agency, is liable to the owner of the unmanned aircraft system in an amount of not less than $5,000. The court shall award reasonable attorney fees to a prevailing plaintiff in an action under this section. [2013 c.686 §14; 2015 c.315 §10]
Note:
See note under 837.300.