reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 835 - Aviation Administration › Section 835.060 - State Aviation Account; appropriation; use.

(1) All fees and other moneys received by the Oregon Department of Aviation under ORS chapter 835, 836 or 837, except moneys received under the provisions of ORS 835.025 and 836.070, shall be paid into the State Treasury monthly. The State Treasurer shall credit such payments to the State Aviation Account in the General Fund. Moneys in the account are continuously appropriated to the department for the purpose of carrying out the provisions of this chapter. None of the funds in this section appropriated or hereafter made available for aviation purposes shall be expended upon any aviation project that is not carried out under the supervision and direction of the State Aviation Board. Fees paid into the account pursuant to ORS 837.045 shall be expended only for airport maintenance and capital construction and for payment of expenses of air search and rescue.
(2) The fiscal officer of the department shall keep a true and accurate account of all sums received and all vouchers issued by the department under this section. [Formerly 491.150; 1991 c.186 §6; 1993 c.741 §92; 1995 c.733 §77; 1997 c.263 §4; 1999 c.935 §35; 2005 c.755 §58; 2017 c.226 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 835 - Aviation Administration › Section 835.065 - Audit and payment of expenses.

All expenses of the Oregon Department of Aviation incurred in carrying out the provisions of this chapter are open to inspection and audit by the Secretary of State and must be paid from the State Aviation Account in the same manner as other claims against the state are paid, after approval of the expenses by the Director of the Oregon Department of Aviation, or as provided by law. [Formerly 491.160; 2011 c.222 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 835 - Aviation Administration › Section 835.100 - Oregon Department of Aviation; director.

(1) The Oregon Department of Aviation is established.
(2) The department is under the supervision and control of a director, who is responsible for the performance of the duties, functions and powers of the department, subject to ORS 835.017.
(3) For purposes of administration, subject to the approval of the State Aviation Board, the director may organize and reorganize the department as the director considers necessary to conduct properly the work of the department. [1999 c.935 §2; 2011 c.630 §32]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 835 - Aviation Administration › Section 835.102 - State Aviation Board; members.

(1) There is established the State Aviation Board consisting of seven members appointed by the Governor, subject to confirmation by the Senate pursuant to ORS 171.562 and 171.565. The Governor shall appoint members of the board in compliance with all of the following:
(a) Members shall be appointed with consideration of the different geographic regions of the state, with one member being a resident of the area east of the Cascade Range.
(b) Not more than four members shall belong to the same political party. Party affiliation shall be determined by the appropriate entry on official election registration cards.
(2) The board membership shall represent diverse aviation interests from both the private and public sectors.
(3) The term of office of each member is four years. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. In case of a vacancy for any cause, the Governor shall appoint a person to fill the office for the unexpired term.
(4) A member of the board is entitled to compensation and expenses as provided by ORS 292.495. [1999 c.935 §2a; 2001 c.4 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 835 - Aviation Administration › Section 835.104 - Board officers; quorum; meetings.

(1) The Governor shall appoint one member of the State Aviation Board as chairperson and another member as vice chairperson. The chairperson and vice chairperson shall have such terms, duties and powers as the board determines are necessary for the performance of such offices.
(2) A majority of the members of the board constitutes a quorum for the transaction of business.
(3) The board shall meet at least once a quarter, at a time and place determined by the members of the board. The board shall also meet at such other times and places as are specified by the call of the chairperson or of a majority of the board.
(4) No vacancy shall impair the right of the remaining board members to exercise all the powers of the board, except that four members of the board shall constitute a quorum for the conduct of business of the board, and, in case the board members are unable to agree, the Governor shall have the right to vote as a member of the board.
(5) The board may provide an official seal. [1999 c.935 §2b; 2001 c.4 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 835 - Aviation Administration › Section 835.106 - Director of Oregon Department of Aviation; appointment; duties and powers.

(1) The Governor shall appoint the Director of the Oregon Department of Aviation, subject to confirmation by the Senate pursuant to ORS 171.562 and 171.565, who holds office at the pleasure of the Governor.
(2) Subject to ORS 835.017 and the policy direction by the State Aviation Board, the director shall:
(a) Be the administrative head of the department;
(b) Have power, within applicable budgetary limitations, and in accordance with ORS chapter 240, to hire, assign, reassign and coordinate personnel of the department and prescribe their duties and fix their compensation, subject to the State Personnel Relations Law;
(c) Administer the laws of the state concerning aviation; and
(d) Intervene, as authorized by the board, pursuant to the rules of practice and procedure, in the proceedings of state and federal agencies that may substantially affect the interests of the consumers and providers of aviation services within Oregon.
(3) Subject to ORS 835.017, in addition to duties otherwise required by law, the director shall prescribe regulations for the government of the department, the conduct of its employees, the assignment and performance of its business and the custody, use and preservation of its records, papers and property in a manner consistent with applicable law.
(4) The director may delegate to any of the employees of the department the exercise or discharge in the director’s name of any duty, function or power of whatever character, vested in or imposed by law upon the director, including duties, functions or powers delegated to the director by the board. The official act of any person acting in the director’s name and by the authority of the director shall be considered to be an official act of the director.
(5) The director shall have authority to require a fidelity bond of any officer or employee of the department who has charge of, handles or has access to any state money or property, and who is not otherwise required by law to give a bond. The amounts of the bonds shall be fixed by the director, except as otherwise provided by law, and the sureties shall be approved by the director. The department shall pay the premiums on the bonds.
(6) The director shall prepare and submit to the board on or about December 31 of each year an annual report for the 12 months ending the prior June 30. The annual report shall set forth all that the department has done during the year. The report shall contain a statement of the parts of the state aviation system that were constructed, reconstructed or improved during the period, together with a statement showing in a general way the status of the state aviation system. [1999 c.935 §3; 2007 c.768 §62; 2011 c.630 §33]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 835 - Aviation Administration › Section 835.108 - Director’s salary; expense reimbursement.

The Director of the Oregon Department of Aviation shall receive such salary as may be provided by law or as fixed by the State Aviation Board. In addition to salaries, the director, or any deputy directors or assistant directors, subject to the limitations otherwise provided by law, shall be reimbursed for all reasonable expenses necessarily incurred in the performance of official duties. [1999 c.935 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 835 - Aviation Administration › Section 835.110 - Oaths, depositions and subpoenas.

The Director of the Oregon Department of Aviation and specially authorized representatives of the director may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of documents or other written information necessary to carry out the functions of the department. If any person fails to comply with a subpoena issued under this section or refuses to testify on matters on which the person lawfully may be interrogated, the procedure set out in ORS 183.440 shall be followed to compel obedience. [1999 c.935 §6]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 835 - Aviation Administration › Section 835.114 - Exception to rulemaking authority.

Except as required under ORS 197.180, the Oregon Department of Aviation may not adopt any rules intended primarily to implement ORS chapter 197, 197A, 215 or 227. The department shall comply with the land use planning goals and guidelines adopted under ORS 197.225 and rules adopted under ORS 197.040. The department may make recommendations to the Department of Land Conservation and Development regarding land use issues. [1999 c.935 §38a]
Note:
835.114 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 835 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 835 - Aviation Administration › Section 835.200 - Rules for operation and safety.

(1) The State Aviation Board, pursuant to ORS 835.035 and utilizing the definitions contained in ORS 830.005:
(a) Shall adopt rules governing seaplane safety and operations on state waters, as defined in ORS 830.005, that shall be applicable to all seaplanes except when inconsistent with any applicable laws or regulations of an agency of the United States.
(b) May adopt rules governing seaplane safety and operations on waters of this state, as defined in ORS 830.005, that shall be applicable to all seaplanes except when inconsistent with any applicable laws or regulations of an agency of the United States.
(2) The State Aviation Board shall adopt the rules in subsection (1) of this section in consultation with the State Marine Board and the State Parks and Recreation Department.
(3) The rules in subsection (1) of this section shall include identification of zones and bodies of water on which seaplanes may not land, take off or operate.
(4) As used in this section and ORS 835.210, "seaplane" means an aircraft equipped to land on water. [Formerly 835.080; 2005 c.22 §519]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 835 - Aviation Administration › Section 835.205 - Seaplane regulation.

For purposes of ORS 830.175, 830.180, 830.185, 830.187 and 830.195, the Oregon Department of Aviation, in cooperation with the State Marine Board, shall regulate boats that are seaplanes as provided in ORS 830.605 and 835.200. [Formerly 835.045; 2003 c.14 §505; 2013 c.186 §6]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 835 - Aviation Administration › Section 835.210 - Application by political subdivision for special regulation.

(1) The governing body of a political subdivision of this state may apply to the State Aviation Board for special regulations relating to the operations of seaplanes on waters within the territorial limits of the political subdivision. These regulations may include, but need not be limited to, the establishment of limits on the areas of operations, hours and time of operations, and the prohibition of seaplane landings and takeoffs. Within a reasonable time, the board shall act upon the application in accordance with ORS chapter 183.
(2) For purposes of regulation, no political subdivision of this state may enact or enforce any law or other regulation for purposes of subsection (1) of this section. [Formerly 835.085]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.010 - Availability of services of department.

The Director of the Oregon Department of Aviation may, insofar as is reasonably possible, make available the Oregon Department of Aviation’s engineering and other technical services with or without charge, to any person requesting such services in connection with the planning, acquisition, construction, improvement, maintenance or operation of airports or air navigation facilities. [Formerly 492.020]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.015 - Financial assistance by director.

The Director of the Oregon Department of Aviation as authorized by the State Aviation Board may render financial assistance by grant or loan, or both, to any municipality or municipalities acting jointly in the planning, acquisition, construction, improvement, maintenance or operation of an airport owned or controlled, or to be owned or controlled by such municipality or municipalities, out of appropriation made by the legislature for such purposes. The financial assistance may be furnished in connection with federal or other financial aid for the same purposes. [Formerly 492.030]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.020 - Department as municipal agent.

The Oregon Department of Aviation shall, upon request, act as agent of any municipality or municipalities acting jointly, in accepting, receiving, receipting for and disbursing federal moneys and other moneys, public or private, made available to finance in whole, or in part, the planning, acquisition, construction, improvement, maintenance or operation of a municipal airport or air navigation facility. The department shall upon request, act as its or their agents in contracting for and supervising such planning, acquisition, construction, improvement, maintenance or operation. All municipalities are authorized to designate the department as their agent for such purposes. [Formerly 492.040]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.025 - Establishment of airports and air navigation facilities by department.

(1) The Oregon Department of Aviation may, on behalf of and in the name of the state, out of moneys made available for such purposes, plan, establish, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports and air navigation facilities, either within or without the state, including the construction, installation, equipment, maintenance and operation at such airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers.
(2) For such purposes the department may, by purchase, gift, devise, lease, condemnation or otherwise, acquire property, real or personal, or any interest therein, including easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airports or to permit the removal, elimination, obstruction-marking or obstruction-lighting of airport hazards, or to prevent the establishment of airport hazards. In like manner the department may acquire existing airports and air navigation facilities; provided it shall not acquire or take over any airport or air navigation facility owned or controlled by a municipality of this or any other state without the consent of the municipality. [Formerly 492.050]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.030 - Disposal of property.

The Oregon Department of Aviation as authorized by the State Aviation Board may by sale, lease, or otherwise, dispose of any property mentioned in ORS 836.025, any airport, air navigation facility, or portion thereof or interest therein. The disposal by sale, lease or otherwise shall be in accordance with the laws of this state governing the disposition of other property of the state, except that in the case of disposals to any municipality or state government or the United States for aviation purposes incident thereto, the sale, lease, or other disposal may be effected in such manner and upon such terms as the department may deem in the best interest of the state. [Formerly 492.060]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.035 - Effect of statute on airport zoning.

ORS 836.005 to 836.120, 836.200, 836.205, 836.215, 836.220 and 836.240 do not limit any right, power or authority of the state or a municipality to regulate airport hazards by zoning. [Formerly 492.070]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.040 - Joint exercise of power.

The Oregon Department of Aviation may exercise any powers granted by ORS 836.025 to 836.050 jointly with any municipalities or agencies of the state government, with other states or their municipalities, or with the United States. [Formerly 492.080]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.045 - Condemnation by department.

In the condemnation of property authorized by ORS 836.025, the Oregon Department of Aviation as authorized by the State Aviation Board shall proceed in the name of the state in the manner provided by ORS chapter 35. For the purpose of making surveys and examinations relative to any condemnation proceedings, it shall be lawful to enter upon any land in the manner provided by ORS 35.220, doing no unnecessary damage. Notwithstanding the provisions of any other statute, or the charter of any municipality, the department may take possession of any property to be condemned at any time after the commencement of the condemnation proceedings. The department shall not be precluded from abandoning the condemnation of any such property in any case where possession thereof has not been taken. [Formerly 492.090; 2003 c.477 §13]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.050 - Condemnation of railroad or public utility property.

(1) No operating property of any public utility, as defined in ORS 757.005, or any telecommunications carrier as defined in ORS 133.721, shall be condemned pursuant to ORS 836.025 and 836.045 unless the Public Utility Commission, after notice and hearing in accordance with the rules of procedure of the commission, has found that public convenience and necessity require such condemnation. All administrative expenses incurred in any such hearing shall be paid by the party not prevailing therein.
(2) No operating property of any railroad, as defined in ORS 824.200, shall be condemned pursuant to ORS 836.025 and 836.045 unless the Oregon Department of Aviation, after notice and hearing, has found that public convenience and necessity require such condemnation. All administrative expenses incurred in any such hearing shall be paid by the party not prevailing therein. [Formerly 492.100; 1995 c.733 §50; 1999 c.1093 §20]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.055 - Commercial concessions at state airports and air navigation facilities.

(1) In operating an airport or air navigation facility owned or controlled by the state, the Oregon Department of Aviation, as authorized by the State Aviation Board, may enter into contracts, leases and other arrangements, for a term not exceeding 30 years for noncommercial arrangements or 50 years for commercial arrangements:
(a) Granting the privilege of using or improving the airport or air navigation facility, or any portion or facility of, or space in, the airport or air navigation facility, for commercial purposes;
(b) Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility; or
(c) Making available services to be furnished by the department or its agents at the airport or air navigation facility.
(2) In each case the department may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which shall be reasonable and uniform for the same class of privilege or service and shall be established with due regard to the property and improvements used and the expenses of operation to the state; provided, that in no case shall the public be deprived of its rightful, equal and uniform use of the airport, air navigation facility, or portion or facility of the airport or air navigation facility. [Formerly 492.110; 2021 c.526 §7; 2021 c.630 §41a]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.060 - Operation of state airports by private persons.

(1) The Oregon Department of Aviation as authorized by the State Aviation Board may by contract, lease or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed 30 years the privilege of operating, as agent of the state or otherwise, any airport owned or controlled by the state; provided, that no such person shall be granted any authority to operate the airport other than as a public airport, or to enter into any contracts, leases, or other arrangements in connection with the operation of the airport which the department might not have undertaken under ORS 836.055.
(2) The department shall grant no exclusive right for the use of any airway, airport, or air navigation facility under its jurisdiction. This subsection shall not prevent the making of contracts, leases, and other arrangements pursuant to this section or ORS 836.055. [Formerly 492.120]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.065 - Liens of state for repairs, improvements or services to personal property.

To enforce the payment of any charges for repairs to, or improvements, or storage or care of any personal property made or furnished by the Oregon Department of Aviation or its agents in connection with the operation of an airport or air navigation facility owned or operated by the state, the state shall have liens on such property, which shall be enforceable by the department as provided by law. [Formerly 492.130]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.070 - Use of federal and other moneys.

The Oregon Department of Aviation as authorized by the State Aviation Board may accept, receive, receipt for, disburse and expend federal moneys, and other moneys, public or private, made available to accomplish, in whole or in part, any of the purposes of this chapter and ORS chapters 835 and 837. In accepting federal moneys under this section, the department shall have the same authority to enter into contracts on behalf of the state as is granted to the department with respect to federal moneys accepted on behalf of municipalities. [Formerly 492.140]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.072 - Use of moneys from increase in taxes; rules.

(1) Moneys from the increases in taxes by the amendments to ORS 319.020 by sections 1 and 3, chapter 1037, Oregon Laws 1999, shall be used by the Oregon Department of Aviation to establish and fund a program to maintain and preserve the pavements used for runways, taxiways and aircraft parking areas at public use airports in this state.
(2) Projects for maintenance and preservation of pavements at public use airports that are identified in the plan developed under ORS 835.015 are eligible for funding under this section. The following expenses of projects selected may be funded under this section:
(a) Construction expenses;
(b) Engineering expenses; and
(c) Administrative expenses.
(3) The Director of the Oregon Department of Aviation shall prepare a list of recommended projects. Factors to be used by the director include, but are not limited to:
(a) The age and condition of pavements;
(b) An airport’s role in the state’s aviation system, as described by the plan developed under ORS 835.015; and
(c) Local financial participation in projects.
(4) The director shall forward the list of recommended projects to the State Aviation Board for approval.
(5) The department may adopt such rules as it deems necessary for implementation of the airport pavement preservation program.
(6) No more than 55 percent of the combined tax revenue from aircraft fuel used or distributed by a dealer and aircraft fuel usable in aircraft operated by turbine engines may be used for operating expenses of the department.
(7) For purposes of this section, "operating expenses of the department" includes, but is not limited to, expenses for personal services, central business operating services described in ORS 835.017 (1), supplies and capital outlay. [1999 c.1037 §5; 2001 c.104 §318; 2001 c.378 §2; 2010 c.107 §§7,8; 2011 c.630 §35]
Note:
836.072 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 836.075 - State airway system.

The Oregon Department of Aviation as authorized by the State Aviation Board may designate, design and establish, expand or modify a state airway system which will serve the interest of the state. It may chart such airways system and arrange for publication and distribution of such maps, charts, notices and bulletins relating to such airways as may be required in the public interest. The system shall be supplementary to and coordinated in design and operation with the federal airways system. It may include all types of air navigation facilities, whether publicly or privately owned, provided that such facilities conform to federal safety standards. [Formerly 492.150]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.080 - Exemptions from ORS 836.085 to 836.120.

(1) The provisions of ORS 836.085 to 836.120 do not apply to airports owned or operated by the United States.
(2) The Oregon Department of Aviation as authorized by the State Aviation Board may, from time to time, to the extent necessary, exempt any class of airports, pursuant to a reasonable classification or grouping, from any rule or regulation promulgated under ORS 836.085 to 836.120, or from any requirement of such a rule or regulation, if it finds that the application of such rule, regulation or requirement would be an undue burden on such class and is not required in the interest of public safety. [Formerly 492.160]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.085 - Approval of airport sites; fee.

Except as provided in ORS 836.080, the Oregon Department of Aviation as authorized by the State Aviation Board shall provide for the approval of proposed airport sites and the issuance of certificates of such approval. The following apply to this section:
(1) A nonrefundable fee of $75, together with an amount not to exceed $300 established by the department for the cost of inspecting and approving an airport site for potential approval, shall accompany the application for site approval.
(2) The department shall determine approval of airport sites under this section based on the conditions under ORS 836.095. [Formerly 492.170; 1997 c.585 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.090 - Application for site approval; rules.

Subject to the rules of procedure adopted by the State Aviation Board providing for such approvals, any municipality or person desiring or planning to construct or establish an airport must, prior to the construction or establishment of the proposed airport, submit to the Oregon Department of Aviation an application for approval of the site which shall include an outline plan and written description of the project, showing particularly the airport location in respect to surrounding topography that could affect the airport location. [Formerly 492.180]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.095 - Approval criteria and conditions.

(1) The Oregon Department of Aviation shall with reasonable dispatch grant approval of a proposed airport site if it is satisfied that the site is adequate for the proposed airport, that such proposed airport, if constructed or established, will conform to minimum standards of safety and that safe air traffic patterns could be worked out for such proposed airport and for all existing airport and approved airport sites in its vicinity. In determining whether an airport site is adequate for a proposed airport, the department shall evaluate all of the following aspects of the site:
(a) All real property devoted to or to be used in connection with any aviation activity at the proposed airport.
(b) The location of the airport in relation to any surrounding topography, trees or structures that could affect the safety of the airport.
(c) The location and configuration of the proposed airport’s runways and operation areas in relation to those of existing and approved airports or airport sites in the vicinity that could affect the safety of aircraft operating from the proposed airport, or from other airports.
(2) An approval of a proposed airport site may be granted under this section subject to any reasonable conditions which the department may deem necessary to effectuate the purposes of ORS 836.085 to 836.120, and shall remain in effect, unless sooner revoked by the department, until a license for an airport located on the approved site has been issued pursuant to ORS 836.105. [Formerly 492.190]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.100 - Revocation of approval.

The Oregon Department of Aviation may, after notice and opportunity for hearing to holders of certificates of airport site approval under ORS 836.095, revoke such approval when it reasonably determines:
(1) That there has been an abandonment of the site as an airport site;
(2) That there has been a failure within two years, to develop the site as an airport or to comply with the conditions of the approval; or
(3) That prior to commencement of construction and because of change of physical or legal conditions or circumstances the site is no longer usable for the aviation purposes for which the approval was granted. [Formerly 492.200]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.105 - Licensing of airports; fees; rules.

Except as provided in ORS 836.080, the Oregon Department of Aviation is authorized to provide for the licensing of airports and the annual renewal of such licenses. The following apply to this section:
(1) The department may charge license fees for each original license and for each renewal. The fee to be paid for each original license and each renewal is as follows:
______________________________________________________________________________
AIRPORT CLASSIFICATION
AND FEE SCHEDULE
Category I Airport
- Commercial Service $ 150
Category II Airport
- Urban General Aviation $ 100
Category III Airport
- Regional General Aviation $ 75
Category IV Airport
- Local General Aviation $ 50
Category V Airport
- Remote Access $ 30
______________________________________________________________________________
(2) Upon the adoption of a rule providing for such licensing, the department shall with reasonable dispatch, upon receipt of an application for an original license and the payment of the required fee, issue an appropriate license if it is satisfied that the airport conforms to minimum standards of safety and that safe air traffic patterns can be worked out for such airport and for all existing airports and approved airport sites in its vicinity.
(3) All licenses shall be renewable annually upon payment of the required fees.
(4) Licenses and renewals may be issued subject to any reasonable conditions that the department may deem necessary to effectuate the purposes of ORS 836.085 to 836.120. [Formerly 492.210; 1997 c.585 §2; 2015 c.450 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.110 - Revocation of license; refusal of renewal.

The Oregon Department of Aviation may, after notice and opportunity for hearing to the licensee, revoke any airport license or renewal thereof, or refuse to issue a renewal, when it shall reasonably determine:
(1) That there has been an abandonment of the airport as such;
(2) That there has been a failure to comply with the conditions of the license or renewal thereof; or
(3) That because of change of physical or legal conditions or circumstances the airport has become either unsafe or unusable for the aviation purposes for which the license or renewal was issued. [Formerly 492.220]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.115 - Public hearing regarding site or license; transcripts.

In connection with the grant of approval of a proposed airport site or the issuance of an airport license under ORS 836.085 to 836.110, the Oregon Department of Aviation may, on its own motion or upon the request of an affected or interested person, hold a hearing open to the public on any issue. Hearing transcripts shall be provided to requesting parties, at cost. [Formerly 492.230]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.120 - Unlicensed airport operation prohibited.

Except as provided in ORS 836.080, no person, municipality or officer or employee thereof, shall operate an airport without an appropriate license for such, as is duly required by rule or regulation issued pursuant to ORS 836.105. [Formerly 492.240]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.200 - Authority to establish airports.

All municipalities of this state, separately or jointly or in cooperation with the federal government or state, may acquire, establish, construct, expand or lease, control, equip, improve, maintain, operate, police and regulate airports for the use of aircraft, either within this state or within any adjoining state, and may use for such purposes any available property owned or controlled by such municipalities or political subdivisions. All municipalities shall notify the Oregon Department of Aviation of, and allow the department to participate in an advisory capacity in, all municipal airport or aviation system planning. [Formerly 492.310]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.205 - Acquisition of lands declared to be for public purpose.

All lands heretofore or hereafter acquired, owned, leased, controlled or occupied by municipalities, for the purposes specified in ORS 836.200 are declared to be acquired, owned, leased, controlled or occupied for public and governmental and municipal purposes. [Formerly 492.320]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.210 - Delegation of authority to develop and maintain airports; regulations for charges, fees and tolls.

Municipalities of this state which establish airports, or which acquire, lease or set apart real property for such purposes, may:
(1) Delegate the authority for the planning, construction, equipment, improvement, maintenance and operation thereof in any offices, board or body of such municipality.
(2) Provide by regulation for charges, fees and tolls for the use of such airport and civil penalties for the violation of such regulations. [Formerly 492.330]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.215 - Municipal acquisition of property for airports.

Private property, or any interest therein of whatever kind, and an easement for the operation of aircraft and all operations incidental thereto, to and from the property for the purposes specified in ORS 836.200, may be acquired by any municipality, by gift, grant, purchase, lease or contract, if the municipality is able to agree with the property owners on the terms of acquisition. If the municipality and the property owners are unable to agree upon terms, private property may be acquired by condemnation in the manner provided in ORS chapter 35. As an alternative, the municipality, if a port, may condemn the private property, or any interest therein, for the operation of aircraft and all operations incidental thereto, in the same manner and procedure as is provided by statute for condemnation of property by corporations organized for construction and operation of railroads. [Formerly 492.340; 2001 c.104 §319]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.220 - Source of airport funds.

The purchase price or compensation for real or other property acquired in accordance with ORS 836.215 and the cost and expenses for the development, improvement, maintenance and operation of airports, may be paid for by appropriation of moneys available; or entirely or in part from the proceeds of the sale of bonds of the municipality, as the governing body of the municipality may determine, subject, however, to the authorization therefor at a regular or special election, if such authorization is a prerequisite to the issuance of bonds of the municipality for public purposes generally. [Formerly 492.350]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.230 - Use of funds from operation.

The officials of any municipality acquiring, establishing, developing, operating, maintaining or controlling an airport under authority of ORS 836.200 may use for such purposes funds derived from operation of the airport. [Formerly 492.360]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.245 - Authority as supplemental.

The authority conferred by ORS 836.200, 836.205, 836.215, 836.220 and 836.240 is in addition and supplemental to the authority conferred by any other law. [Formerly 492.380]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.250 - Acquisition by municipality of real property contiguous to airport; subsequent use or disposition; financing acquisition or use.

(1) In addition to the authority conferred upon them by any other law, any municipality of this state acquiring, establishing, developing, operating, maintaining or controlling an airport under ORS 836.200 to 836.245, may acquire real property, or any interest therein of whatever kind, contiguous to the airport by gift, grant, purchase, lease or contract for future development and expansion of the airport or its facilities. Until needed for such future development and expansion, the municipality may use the real property or interest therein so acquired by renting, leasing, controlling or occupying it.
(2)(a) If any real property owned by any municipality referred to in subsection (1) of this section and held for the use of an airport or its facilities is determined not to be needed for such purposes by the governing body of a municipality controlling the airport, such governing body may lease, occupy, use, sell, convey or dispose of such real property.
(b) Except as provided in subsection (3) of this section, any sale of real property under paragraph (a) of this subsection shall be made in accordance with the provisions of ORS 275.110 and 275.120. The proceeds of any sales made by the municipality shall apply against any indebtedness acquired under ORS 836.220. If no indebtedness exists, such funds shall be deposited to the general fund of such municipality.
(3) Sales of real property by the Port of Portland shall be governed by applicable federal laws and regulations and by the provisions of ORS chapters 777 and 778.
(4) All funds needed by any municipality to carry out any provision of this section may be provided in the same manner as funds may be provided under ORS 836.220 or 836.240, or both. [Formerly 492.390; 2003 c.139 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.340 - Procedure for relocation of public utility property.

(1) No airport zoning regulations adopted under authority of ORS 836.600 to 836.630 shall require the alteration or relocation of the operating property of any public utility, as defined in ORS 757.005, without the consent of such utility or unless the Public Utility Commission, after notice and hearing in accordance with the rules of procedure of the commission, determines that such alteration or relocation is justified by the public interest.
(2) All administrative expenses incurred in any such hearing shall be paid by the party not prevailing therein. All actual and necessary expenses incurred in making such alteration or change, if any, shall be borne by the municipality. [Formerly 492.600; 1995 c.733 §51; 1997 c.859 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.410 - Permanent closure of public use airport; rules.

At least 180 days before permanent closure of a public use airport, as defined by the Oregon Department of Aviation by rule, a person responsible for the operation of the airport shall notify the department of the planned closure. [2007 c.317 §1]
Note:
836.410 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 836.500 - Marks and lights on structures or obstructions; acquisition of right or easement.

Every municipality which develops or operates an airport may acquire the right or easement for a term of years or perpetually, to place and maintain suitable marks for the daytime, and to place, operate and maintain suitable lights for the nighttime marking of buildings or other structures or obstructions, to enhance the safety of aircraft utilizing such airport. Such rights or easements may be acquired by grant, purchase, lease or condemnation in the same manner as is provided in ORS chapter 35. [Formerly 492.760]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.505 - Designation of landing places on public lands; rules governing user.

(1) Landing places for aircraft may from time to time be designated, set apart and marked by the Oregon Department of Aviation or other public officials who are in charge of any land owned or controlled by the state or by any municipality, or park commission.
(2) Such officials may make reasonable rules and regulations subject to the approval of the State Aviation Board governing the use of the landing places by aviators and other persons, and may change the rules and regulations from time to time. The rules and regulations shall be such as will promote the safe and orderly use of the airports affected. All aviators and other persons using such landing places shall at all times comply with all such rules and regulations. [Formerly 492.770]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.510 - Use of certain ocean beaches as landing fields.

Except as permitted under ORS 836.520, no person shall use for a landing field for aircraft any part of the Oregon shore of the Pacific Ocean between high and low tide, commonly known as the "beach," and which by law has been made a state recreation area, except for an emergency. [Formerly 492.780]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 836 - Airports and Landing Fields › Section 836.515 - Petition to set aside shore as landing field.

Any person, municipality or municipal corporation desiring to use for a landing field for aircraft any part of the Oregon shore of the Pacific Ocean described in ORS 836.510 shall petition the State Aviation Board to set aside and designate a particular area of the shore for a landing field for aircraft. The petition shall clearly describe the area sought for such purpose and shall contain information giving the type and number of aircraft which will use such field, the extent to which and the purpose for which such field shall be so used, together with such other information as the board may require. Before the petition is filed with the board it shall be approved in writing by the Oregon Department of Aviation. [Formerly 492.790]