reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-65.17. Airport property and income exempt from taxation.

Any property in this state acquired by municipality for airport purposes pursuant to the provisions of this act, and any income derived by such municipality from the ownership, operation or control thereof, shall be exempt from taxation to the same extent as other property used for public purposes. Any municipality is authorized to exempt from municipal taxation any property, acquired within its boundaries by a public agency of another state for airport purposes, and any income derived from such property, to the extent that such other state authorizes similar exemptions from taxation to municipalities of this state.
Laws 1947, p. 22, § 17.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-81. Short title — Oklahoma Department of Aerospace and Aeronautics Act.

This act shall be known and may be cited as the “Oklahoma Department of Aerospace and Aeronautics Act.”
Added by Laws 1963, c. 354, § 1, emerg. eff. June 22, 1963. Amended by Laws 2023, c. 126, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-83. Purpose of act.

It is hereby declared that the purpose of this act is to further the public interest in aeronautical progress:
(a) by granting to a state agency such powers and imposing upon it such duties that the state may properly perform its functions relative to aeronautics; effectively assist in the development of a statewide system of airports, cooperate with and assist the municipalities of this state and others engaged in aeronautics, and encourage and develop aeronautics in all its phases in this state;
(b) by providing for the protection of persons and property through the promotion of safety in aeronautics; and
(c) by providing for cooperation with federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this state by assisting in accomplishing the purposes of federal legislation and eliminating costly and unnecessary duplication of functions in the province of federal agencies.
Laws 1963, c. 354, § 3, emerg. eff. June 22, 1963.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-85.1. Department authority for real and personal property.

The Oklahoma Department of Aerospace and Aeronautics is hereby authorized on behalf of and in the name of the state, to accept title to property, real or personal, or any interest therein including easements from any authority, county, municipality or political subdivision thereof. The Department is further authorized to construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police such property, including the construction, installation, equipping, maintenance, and operation of airports, buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers. Any property accepted pursuant to this section shall be in accordance with and subject to Section 81 et seq. of this title.
Added by Laws 2002, c. 157, § 1, eff. Nov. 1, 2002. Amended by Laws 2023, c. 126, § 6, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-86. Public and governmental functions.

The acquisition of any lands or interest therein pursuant to this act, the planning, acquisition, establishment, construction, improvement, maintenance, equipment, and operation of airports and air navigation facilities, whether by the state separately or jointly with any municipality or municipalities, and the exercise of any other powers herein granted to the Commission are hereby declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. All lands and other property and privileges acquired and used by or on behalf of the state in the manner and for the purposes enumerated in this act shall and are hereby declared to be acquired and used for public and governmental purposes and as a matter of public necessity.
Laws 1963, c. 354, § 6, emerg. eff. June 22, 1963.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-87. Use of facilities, services and resources of other agencies - Cooperation.

In carrying out the provisions of Section 81 et seq. of this title the Oklahoma Department of Aerospace and Aeronautics may use the facilities, services, and resources of other agencies of the state and of the municipalities of the state, and all other such agencies of the state and municipalities are hereby specifically authorized to cooperate with the Department by use of their respective equipment, facilities, services, and resources in the furtherance of the purposes of Section 81 et seq. of this title and in the furtherance of the plans and programs of the Department.
Added by Laws 1963, c. 354, § 7, emerg. eff. June 22, 1963. Amended by Laws 2023, c. 126, § 7, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-88. Provisions not mandatory.

No provision of this act is mandatory upon any city or town in Oklahoma, or the governing body thereof, in the acquisition, improvement, construction, operation, or maintenance of any municipally owned airport or air navigation facility; nor shall any provision of this act prevent or take away from any city or town governing board the authority to deal directly with any agency of the federal government in the matching of any funds made available by the federal government for acquisition, improvement, construction, operation, or maintenance of any such municipally owned airport or air navigation facility.
Laws 1963, c. 354, § 8, emerg. eff. June 22, 1963.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-89. Transfer of powers and duties.

The powers and duties of the Oklahoma Planning and Resources Board relating to aviation as prescribed by 3 O.S. 1961, Section 25, are hereby transferred to and vested in the Oklahoma Aeronautics Commission.
Laws 1963, c. 354, § 9, emerg. eff. June 22, 1963.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-90. Construction and repair of airports in various counties - Minimum runways - Federal funds.

In order to assure a safe and adequate system of airports within this state:
1. In every county wherein there is no active airport, the Oklahoma Department of Aerospace and Aeronautics is authorized to construct within such county or a municipality located therein or upon land owned by the federal government but under the active control of the state, county or a municipality located within such county a runway of not less than two thousand six hundred (2,600) feet in length and to repair, maintain and hardsurface such runway.
2. In each county wherein there already exists an active airport owned by such county or a municipality located therein or upon land owned by the federal government but under the active control of the state, county or a municipality located within such county, but there does not exist within such county a hardsurfaced runway of at least two thousand six hundred (2,600) feet in length, the Oklahoma Department of Aerospace and Aeronautics may construct upon such lands as those described in paragraph 1 of this section a runway of not less than two thousand six hundred (2,600) feet and may repair, maintain and hardsurface such runway, or may, where sufficient land is available for such purpose, expand such existing airport to a length of two thousand six hundred (2,600) feet and may thereupon repair, maintain and hardsurface the entire runway.
3. During the fiscal year in which federal funds are available under the Federal Airport Program for development or improvement of a state, county or city owned or controlled airport, the Oklahoma Department of Aerospace and Aeronautics shall be prohibited from performing any construction or major repair work upon such airstrip unless and until such federal funds have been available for such purpose.
4. The Oklahoma Department of Aerospace and Aeronautics, in any county where no airport containing two thousand six hundred (2,600) feet or more runway exists, is authorized to accept gifts of land to be used for a county airport and of money to be used to acquire an airport.
5. The Oklahoma Department of Aerospace and Aeronautics is further authorized to accept federal grants for construction, repair, maintenance and other purposes not inconsistent with the provisions of this section and to utilize machinery and material for the purpose of matching available federal funds and grants.
Added by Laws 1963, c. 354, § 10, emerg. eff. June 22, 1963. Amended by Laws 1979, c. 40, § 1, emerg. eff. April 9, 1979; Laws 1981, c. 140, § 1, emerg. eff. May 5, 1981; Laws 1995, c. 181, § 5, eff. July 1, 1995; Laws 2023, c. 126, § 8, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-91. Oklahoma Department of Aerospace and Aeronautics Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Aerospace and Aeronautics to be designated as the Oklahoma Department of Aerospace and Aeronautics Revolving Fund. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of a monthly allocation by the Oklahoma Tax Commission of Three Thousand Dollars ($3,000.00) from the motor fuel excise tax levied and collected pursuant to the provisions of Title 68 of the Oklahoma Statutes, such amount being a part of the estimated amount of tax paid on gasoline consumed by engines to propel aircraft in this state, sale of surplus property, fees and receipts collected pursuant to the Oklahoma Open Records Act, donations, gifts, bequests, contribution, devices, interagency reimbursements, federal funds unless otherwise provided by federal law or regulation, sale of leases and aircraft registration fees and taxes, fees authorized by Section 1135.5 of Title 47 of the Oklahoma Statutes or any other source. All monies accruing to the fund are hereby appropriated and may be budgeted and expended by the Oklahoma Department of Aerospace and Aeronautics for airport construction and rehabilitation programs, general operations of the agency, for promoting the awareness of aviation and aerospace, and providing financial support for aviation education programs to address the need for a skilled and competent aviation workforce. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 1963, c. 354, § 11, emerg. eff. June 22, 1963. Amended by Laws 1979, c. 47, § 3, emerg. eff. April 9, 1979; Laws 1987, c. 205, § 82, operative July 1, 1987; Laws 2012, c. 304, § 21; Laws 2017, c. 331, § 4, eff. Nov. 1, 2017; Laws 2023, c. 126, § 9, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-92. Lease of state-owned lands for oil, gas, mining and agricultural purposes.

The Oklahoma Department of Aerospace and Aeronautics is hereby authorized and empowered to offer for sale, sell and execute oil and gas leases, and other mineral and mining leases, and agricultural leases on any of the lands of this state under the control and supervision of the Department, provided, the development of land for the purpose leased will not unduly interfere with the aeronautical purpose for which said land is being used by the state. The Department is hereby given authority to adopt and promulgate such additional rules and regulations, not inconsistent herewith, as it may deem necessary and for the best interest of the state in facilitating the sale of said leases. It shall be the duty of the Director of the Oklahoma Department of Aerospace and Aeronautics to execute such leases for and in behalf of the Department, and the Director shall be liable on his official bond for failure to faithfully discharge his duties hereunder. The sales of all oil, gas and mineral leases shall be made upon the basis of a retained royalty of not less than one-eighth (1/8) of all oil, gas, casinghead gas, and other minerals produced from the lands covered by such leases and such additional cash bonus as may be procured. Provided, however, if the state owns less than one hundred percent (100%) of the oil, gas, casinghead gas and other minerals covered by any such lease, the royalty retained shall not be less than one-eighth (1/8) of the mineral interest so owned. All oil, gas, mineral and agricultural leases shall be sold only after advertisement for a period of three (3) weeks in a legal newspaper published and of general circulation in the county in which said lands are located. The sale shall be made to the highest and best bidder and all bids shall be in sealed envelopes and opened and considered at the same time.
Added by Laws 1967, c. 150, § 1. Amended by Laws 2023, c. 126, § 10, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-93. Disposition of funds received.

All money derived from the sale of such leases, and from any royalties subsequently accruing, shall be deposited in the State Treasury and credited to the Oklahoma Department of Aerospace and Aeronautics Revolving Fund, and such money may be expended in the same manner and for the purposes as other money in the fund is authorized to be expended.
Added by Laws 1967, c. 150, § 2. Amended by Laws 1987, c. 205, § 83, operative July 1, 1987; Laws 2023, c. 126, § 11, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-101. Definitions.

As used in this act, unless the context otherwise requires:
(1) "Airport" means an area of land or water that is used or intended to be used for the landing and taking off of aircraft including its buildings and facilities, if any.
(2) "Airport hazard" means any structure, object of natural growth or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.
(3) "Airport hazard area" means any area of land or water upon which an airport hazard might be established if not prevented as provided in this act.
(4) "Political subdivision" means any municipality, city, town, village, or county.
(5) "Person" means any individual, firm, copartnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.
(6) "Structure" means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines.
(7) "Tree" means any object of natural growth.
Added by Laws 1945, p. 9, § 1. Amended by Laws 1995, c. 181, § 6, eff. July 1, 1995.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-102. Airport hazards contrary to public interest.

It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein.
Accordingly, it is hereby declared: (a) that the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; (b) that it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented. It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions and the Commission may raise and expend public funds and acquire land or property interests therein.
Laws 1945, p. 9, § 2; Amended by Laws 1986, c. 20, § 1, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-102.2. Zoning regulations to permit certain variances.

Airport zoning regulations adopted by any political subdivision pursuant to this act, as a minimum, shall require a permit or variance for the erection, alteration, or modification of any structure which would result in the structure exceeding the federal obstruction standards pursuant to 14 CFR, Part 77.
Added by Laws 1986, c. 20, § 3, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-104. Relation to comprehensive zoning regulations.

(1) Incorporation. In the event that a political subdivision has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion thereof, may be incorporated in and made a part of such comprehensive zoning regulations, and be administered and enforced in connection therewith.
(2) Conflict. In the event of conflict between any airport zoning regulations adopted under this act and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whether such other regulations were adopted by the political subdivision which adopted the airport zoning regulations or by some other political subdivision or the Commission, the more stringent limitation or requirement shall govern and prevail.
Laws 1945, p. 10, § 4; Amended by Laws 1986, c. 20, § 5, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-105. Procedure for adoption of zoning regulations.

(1) Notice and Hearing. No airport zoning regulations shall be adopted, amended, or changed under this act except by action of the governing body of the political subdivision in question, or the Joint Board provided for in subsection (2) of Section 103 of this title, after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the hearing shall be published in an official paper, or a paper of general circulation, in the political subdivision or subdivisions in which is located the airport hazard area to be zoned.
(2) Airport Zoning Commission. Prior to the initial zoning of any airport hazard area under this act, the political subdivision or Joint Airport Zoning Board which is to adopt the regulations shall appoint a Commission, to be known as the Airport Zoning Commission, to recommend the boundaries of the various zones to be established and the regulations to be adopted therefor. The Commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the governing body of the political subdivision or the Joint Airport Zoning Board shall not hold its public hearings or take other action until it has received the final report of the Commission. Where a city planning commission or comprehensive zoning commission already exists, it may be appointed as the Airport Zoning Commission.
Added by Laws 1945, p. 10, § 5. Amended by Laws 1986, c. 20, § 6, eff. Nov. 1, 1986; Laws 1995, c. 181, § 9, eff. July 1, 1995.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-106. Airport zoning requirements.

(1) Reasonableness. All airport zoning regulations adopted under this act shall be reasonable and none shall impose any requirement or restriction which is not reasonably necessary to effectuate the purposes of this act. In determining what regulations it may adopt, each political subdivision and Joint Airport Zoning Board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood, and the uses to which the property to be zoned is put and adaptable.
(2) Nonconforming Uses. No airport zoning regulations adopted under this act shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in Section 7(3).
Laws 1945, p. 11, § 6.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-107. Permits and variances.

(1) Permits. Any airport zoning regulations adopted under this act may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed or substantially altered or repaired. In any event, however, all such regulations shall provide that before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the administrative agency authorized to administer and enforce the regulations, authorizing such replacement, change or repair. No permit shall be required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of such existing structures. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made. Except as provided herein, all applications for permits shall be granted.
(2) Variances. Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use property in violation of airport zoning regulations adopted under this act, may apply to the Board of Adjustment for a variance from the zoning regulations in question. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations and this act. However, any variance may be allowed subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purpose of this act.
(3) Hazard Marking and Lighting. In granting any permit or variance under this section, the administrative agency or Board of Adjustment may, if it deems such action advisable to effectuate the purpose of this act and reasonable in the circumstances, so condition the permit or variance as to require the owner of the structure or tree in question, at the owner's expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.
(4) Copies of any request for a permit or variance shall be forwarded by the political subdivision or Joint Airport Zoning Board to the Commission within five (5) days of filing.
Added by Laws 1945, p. 11, § 7. Amended by Laws 1986, c. 20, § 7, eff. Nov. 1, 1986; Laws 1995, c. 181, § 10, eff. July 1, 1995.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-108. Appeals.

(1) Any person aggrieved, or taxpayer affected, by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this act, or any governing body of a political subdivision, or any Joint Airport Zoning Board, who is of the opinion that a decision of such an administrative agency is an improper application of airport zoning regulations of such governing body or board, may appeal to the Board of Adjustment authorized to hear and decide appeals from the decisions of such administrative agency.
(2) All appeals taken under this section must be taken within a reasonable time, as provided by the rules of the Board of Adjustment, by filing with the agency from which the appeal is taken and with the Board, a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(3) An appeal shall stay all proceedings in furtherance of the action appealed, unless the agency from which the appeal is taken certifies to the Board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases proceedings shall not be stayed otherwise than by order of the Board on notice to the agency from which the appeal is taken and on due cause shown.
(4) The Board shall fix a reasonable time for the hearing of appeals, give public notice and due notice to the parties in interest including the Commission, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
(5) The Board may, in conformity with the provisions of this act, reverse or affirm wholly or partly, or modify, the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the administrative agency from which the appeal is taken.
Laws 1945, p. 12, § 8; Amended by Laws 1986, c. 20, § 8, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-109. Administration of airport zoning regulations.

All airport zoning regulations adopted by the political subdivision or the Joint Airport Zoning Board shall provide for the administration and enforcement of such regulations by an administrative agency which may be an agency created by such regulations or any official, board, or other existing agency of the political subdivision adopting the regulations or of one of the political subdivisions which participated in the creation of the Joint Airport Zoning Board adopting the regulations, if satisfactory to that political subdivision, but in no case shall such administrative agency be or include any member of the Board of Adjustment. The duties of any administrative agency designated pursuant to this act shall include that of hearing and deciding all permits under Section 7(1), but such agency shall not have or exercise any of the powers herein delegated to the Board of Adjustment.
Laws 1945, p. 12, § 9; Amended by Laws 1986, c. 20, § 9, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-110. Board of Adjustment.

(1) All airport zoning regulations adopted under this act shall provide for a Board of Adjustment to have and exercise the following powers:
(a) To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of the airport zoning regulations, as provided in Section 8.
(b) To hear and decide any special exceptions to the terms of the airport zoning regulations upon which such Board may be required to pass under such regulations.
(c) To hear and decide specific variances under Section 7(2).
(2) Where a Zoning Board of Appeals or Adjustment already exists, it may be appointed as the Board of Adjustments. Otherwise, the Board of Adjustment shall consist of five (5) members, each to be appointed for a term of three (3) years, by the authority adopting the regulations and to be removable by the appointing authority for cause, upon written charges and after public hearing.
(3) The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under the airport zoning regulations, or to effect any variation in such regulations.
(4) The Board shall adopt rules in accordance with the provisions of the ordinance or resolution by which it was created. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the Board shall be subject to the Open Meeting Act. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Board and shall be a public record.
Laws 1945, p. 12, § 10; Amended by Laws 1986, c. 20, § 10, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-111. Judicial review.

(1) Any person aggrieved, or taxpayer affected, by any decision of a Board of Adjustment, or any governing body of a political subdivision or any Joint Airport Zoning Board who is of the opinion that a decision of a Board of Adjustment is illegal, may present to the district court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the decision is filed in the office of the Board.
(2) Upon presentation of such petition, the court may review such decision of the Board. The allowance of an appeal shall not stay proceedings upon the decision appealed from, but the court may, on application, and with notice to the Board and on due cause shown, grant a restraining order.
(3) The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by the court. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(4) The court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review, in whole or in part, and if need be, to order further proceedings by the Board of Adjustment. The findings of fact of the Board, if supported by substantial evidence, shall be accepted by the court as conclusive, and no objection to a decision of the Board shall be considered by the court unless such objection shall have been urged before the Board, or, if it was not so urged, unless there were reasonable ground for failure to do so.
(5) Costs shall not be allowed against the Board of Adjustment unless it appears to the court that it acted with gross negligence, in bad faith, or with malice, in making the decision appealed from.
(6) In any case in which airport zoning regulations adopted under this act, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the Constitution of this state or the Constitution of the United States, such holding shall not affect the application of such regulations to other structures and parcels of land.
Laws 1945, p. 13, § 11; Amended by Laws 1986, c. 20, § 11, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-112. Enforcement and remedies.

Each violation of this act or of any regulations, orders, or rulings promulgated by the political subdivision, Joint Airport Zoning Board, or Commission pursuant to this act, shall constitute a misdemeanor and shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment for not more than one (1) year in the county jail, or by both such fine and imprisonment. In addition, the political subdivision or agency adopting zoning regulations under this act may institute in any court of competent jurisdiction, an action to prevent, restrain, correct or abate any violation of this act, or of airport zoning regulations adopted under this act, or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the plaintiff such relief, by way of injunction or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of this act and of the regulations adopted and orders and rulings made pursuant thereto.
Laws 1945, p. 14, § 12; Amended by Laws 1986, c. 20, § 12, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-113. Acquisition of air rights.

In any case in which:
(1) It is desired to remove, lower, or otherwise terminate a nonconforming structure or use; or (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this act; or (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the political subdivision within which the property or nonconforming use is located or the agency or political subdivision owning the airport or served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which the agency or political subdivisions are authorized to acquire real property for public purposes, such air right, aviation easement, or other estate or interest in the property of nonconforming structure or use in question as may be necessary to effectuate the purpose of this act.
Laws 1945, p. 14, § 13; Amended by Laws 1986, c. 20, § 13, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-116. Preparation of zoning codes.

The Oklahoma Department of Aerospace and Aeronautics may provide technical assistance to any political subdivision requesting assistance in the preparation of an airport zoning code. A copy of all local airport zoning codes, rules, and regulations, and amendments and proposed and granted variances thereto, shall be filed with the Oklahoma Department of Aerospace and Aeronautics.
Added by Laws 1986, c. 20, § 14, eff. Nov. 1, 1986. Amended by Laws 1995, c. 181, § 11, eff. July 1, 1995; Laws 2023, c. 126, § 13, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-120.1. Short title - Aircraft Pilot and Passenger Protection Act.

A. This act shall be known and may be cited as the "Aircraft Pilot and Passenger Protection Act".
B. It is the intent of this act to:
1. Regulate obstructions to air navigation that have the potential of endangering the lives and property of aircraft pilots and passengers and those that live or work in the vicinity of public-use airports; that may affect existing and future instrument approaches to a public-use airport; and that may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft thus impairing the utility of a public-use airport and the public investment therein;
2. Regulate the use of land in close proximity to a public-use airport to ensure compatibility with aircraft operations; and
3. Provide specific powers and duties to the Oklahoma Aeronautics Commission in the interest of the health, safety and welfare of the public so that the state may properly fulfill its duty to ensure that land use around a public-use airport is compatible with normal airport operations including the landing and takeoff of aircraft.
C. All heights or surfaces set forth in this act are from the standards set forth in Subpart C of Federal Aviation Regulations (FAR) Part 77.
D. Depending upon the type of survey used, an adjustment will be made in accordance with Federal Aviation Administration standards to the horizontal and vertical measurements of the proposed structure as follows:
Survey
Horizontal
Survey
Vertical
Type
Adjustment
Type
Adjustment
1
±20 ft (6 m)
A
+3 ft (1 m)
2
±50 ft (15 m)
B
+10 ft (3 m)
3
±100 ft (30 m)
C
+20 ft (6 m)
4
±250 ft (75 m)
D
+50 ft (15 m)
5
±500 ft (150 m)
E
+125 ft (38 m)
If the survey type (horizontal and vertical) is not certified by a licensed engineer or a licensed surveyor, a horizontal adjustment of plus or minus two hundred fifty (250) feet and a vertical adjustment of fifty (50) feet will be applied to the structure measurements.
E. This act shall neither prevent nor preempt a municipality from having ordinances or regulations governing land use that may affect public-use airports.
Added by Laws 2010, c. 367, § 1, eff. Oct. 1, 2010. Amended by Laws 2017, c. 32, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-120.3. Construction permit.

A. A person shall obtain a permit from the Commission prior to the construction, installation, or use of any of the following near a public-use airport:
1. Any proposed structure or area for an incompatible purpose in the primary surface or the runway protection zone;
2. Any structure, alteration or addition to a structure within three (3) statute miles from the airport reference point of a public-use airport, that would result in a total structure height in excess of one hundred fifty (150) feet above the established airport elevation; and
3. Any structure, alteration or addition to a structure that would result in a total structure height greater than the horizontal, conical or approach surfaces, as defined in Section 120.2 of this title.
B. No permit shall be required:
1. For mobile or temporary equipment used to construct or install a new structure or to perform routine maintenance, repairs, or replace parts of an existing structure or for temporary structures that will be in place for less than twenty-four (24) months; or
2. To repair, replace, or alter an existing structure that would not result in a total structure height greater than the horizontal, conical or approach surfaces as defined in Section 120.2 of this title, or change the location of an existing structure.
C. Any person required to notify the FAA of any proposed construction or alteration pursuant to Subpart B of Section 77.13 of the Federal Aviation Regulations Part 77, that in response receives an acknowledgement from the FAA that further aeronautical study is required to determine whether the proposed construction or alteration would be a hazard to air navigation, shall, upon requesting further aeronautical study by the FAA, concurrently notify the Commission of the request and shall provide the Commission with true and correct copies of all relevant filings made with the FAA.
Upon receipt of such notification of the filing of a request for further aeronautical study, the Commission shall give timely notice thereof to the Oklahoma Strategic Military Planning Commission, or any successor agency, and to any military airport within Oklahoma potentially affected by the proposed construction or alteration.
The Commission further shall use its best efforts to establish regular and consistent communication with the FAA to encourage sharing of information regarding construction or alteration in a military training route or slow-speed low-altitude training route within the State of Oklahoma with appropriate state agencies and military installations.
Added by Laws 2010, c. 367, § 3, eff. Oct. 1, 2010. Amended by Laws 2017, c. 32, § 3, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-120.4. Construction of structure for an incompatible purpose.

The construction of a structure for an incompatible purpose within the primary surface or the runway protection zone is presumed to be incompatible with normal airport operations including the landing and takeoff of aircraft.
Added by Laws 2010, c. 367, § 4, eff. Oct. 1, 2010.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-120.5. Hazards to air navigation.

Any structure or alteration to a structure is presumed to be a hazard to air navigation if its total structure height is greater than the horizontal, conical or approach surfaces, as defined in Section 2 of the Aircraft Pilot and Passenger Protection Act.
Added by Laws 2010, c. 367, § 5, eff. Oct. 1, 2010.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-120.6. Permit application - Required components.

Applications to the Commission for a permit in accordance with the provisions of the Aircraft Pilot and Passenger Protection Act for construction near a public-use airport shall include the following:
1. For construction in a primary surface or runway protection zone, under paragraph 1 of subsection A of Section 3 of this act:
a.
a completed application on a form prescribed by the Commission with the following statement on the application, signed by a legal representative of the applicant:
"The applicant acknowledges for itself, its heirs, its successors, and its assigns, that the real estate described in this application is located in the primary surface or the runway protection zone of a public-use airport, and that the applicant is building a structure upon this real estate, with the full knowledge and acceptance that it may be incompatible with normal airport operations including the landing and takeoff of aircraft.", and
b.
if required, a copy of the FAA Form 7460-1, “Notice of Proposed Construction or Alteration”, as described in 14 CFR part 77, sub-part B, Section 17, to be submitted to the FAA; and
2. For construction or alteration of a structure in a horizontal, conical, or approach surface under paragraph 2 or 3 of subsection A of Section 3 of this act:
a.
a completed application on a form prescribed by the Commission, and
b.
a copy of FAA Form 7460-1, to be submitted to the FAA.
Added by Laws 2010, c. 367, § 6, eff. Oct. 1, 2010.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-120.7. Permit application - With or without FAA Form 7460-1.

A. If FAA Form 7460-1 is required, then an application for a permit pursuant to Section 120.3 of this title shall be filed at the same time the FAA Form 7460-1 is sent to the FAA, or at any time before that. If FAA Form 7460-1 is not required, then the application shall be filed at least thirty (30) days before the earlier of the following:
1. The date the proposed construction or alteration is to begin; or
2. The date an application for a construction or building permit is to be filed with the municipality.
Upon receiving an application, the Commission shall notify a legal representative of the public-use airport owner affected by the application and solicit comments from the airport owner.
B. In determining whether to issue a permit, the Commission shall consider:
1. The nature of the terrain and height of existing structures;
2. Public and private interests and investments of an airport;
3. The character of flying operations and planned developments of an airport;
4. Whether the construction of the proposed structure would cause an increase in the minimum descent altitude or the decision height at the affected airport;
5. Technological advances;
6. The safety of persons on the ground and in the air;
7. Land use density;
8. Comments from all interested persons; and
9. Findings and determinations of other government agencies.
C. If FAA Form 7460-1 is required, then the Commission shall notify the applicant of its determination within thirty (30) days of the FAA completing its aeronautical study. If the applicant has not been notified by the Commission of its determination within thirty (30) days of the FAA completing its aeronautical study, then the applicant shall notify the Commission that it has not received notice of the Commission's determination. The Commission shall then have seven (7) working days from the date of the applicant's notice to notify the applicant of its determination. Nothing herein precludes the Commission from making its determination before the FAA completes its aeronautical study.
D. If FAA Form 7460-1 is not required, then the Commission shall notify the applicant of its determination within sixty (60) days of filing the application. If the applicant has not been notified by the Commission of its determination within sixty (60) days of filing the application, then the applicant shall notify the Commission that it has not received notice of the Commission's determination. The Commission shall then have seven (7) working days from the date of the applicant's notice to notify the applicant of its determination.
Added by Laws 2010, c. 367, § 7, eff. Oct. 1, 2010. Amended by Laws 2017, c. 32, § 4, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-120.8. Application process after issuance of permit - Amending a permit.

A. Once a permit is issued by the Commission, the applicant shall be required to complete the following steps to complete the permit process:
1. The applicant for a permit under Section 120.3 of this title shall record each permit issued by the Commission in the office of the county clerk for the county where the structure is located not later than sixty (60) business days after the Commission issues the permit. If a structure is located in more than one county, the county that contains the majority of the structure is the county in which the permit must be filed. A permit issued under paragraph 1 of subsection A of Section 120.3 of this title shall contain the following statement:
"The permittee acknowledges for itself, its heirs, its successors, and its assigns, that the real estate described in this permit is located within the primary surface or the runway protection zone of a public-use airport, and that the permittee is building a structure upon this real estate with the full knowledge and acceptance that it may be incompatible with normal airport operations including the landing and takeoff of aircraft.";
2. A permit issued in accordance with the provisions of Section 120.3 of this title is valid only after the Commission receives a certified copy of the recorded permit with the recording data from the county clerk of the county in which the structure is located; and
3. Every permit granted by the Commission shall specify that obstruction markers, markings, lighting, or other visual or aural identification required to be installed on or in the vicinity of the structure shall conform to federal laws and regulations.
B. Once a permit is valid the permittee may request to amend a permit under these conditions:
1. The amendment is to change the administrative items of the permit including the transfer of ownership rights. There shall be no limit to the number of times a permittee can request an amendment that is administrative in nature; or
2. The amendment is for the purpose of micrositing a structure that has been permitted, but not yet constructed. Micrositing shall allow for a structure to be moved four hundred (400) feet or less in a horizontal direction provided the new location will not impact an airport's instrument or visual approaches. A permittee can request to amend a permit for micrositing up to two times. A third micrositing request on the structure will require the permittee to file a new permit application.
Added by Laws 2010, c. 367, § 8, eff. Oct. 1, 2010. Amended by Laws 2017, c. 32, § 5, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 3. Aircraft and Airports. › §3-120.9. Validity of permit issued under Section 3 of Aircraft Pilot and Passenger Protection Act.

A permit issued in accordance with the provisions of Section 3 of the Aircraft Pilot and Passenger Protection Act is valid only if the proposed structure has been constructed within ten (10) years of the issuance of a permit by the Commission pursuant to Section 8 of this act.
Added by Laws 2010, c. 367, § 9, eff. Oct. 1, 2010.