reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 5 - GENERAL DEFINITIONS › Section 738-005-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Definitions contained in this division apply throughout OAR
				Chapter 738 to rules governing the Oregon Department of Aviation (Department or
				ODA).
(1) "Access agreement" is an
			 agreement granted by the Department to a person for the right to access the
			 State-owned airport property for a fee. (Also referred to as ingress/egress
			 agreement or through-the-fence agreement.)
(2) "Aerial applicator" refers to any person
			 engaged in aerial application activities.
(3) "Aeronautical activity" means any
			 activity or service conducted at a State-owned airport that involves, makes
			 possible, or is required for the operation of aircraft, or which contributes to
			 or is required for the safety of such operations. (These activities include but
			 are not limited to: on-demand or air charter operations, aircraft fueling,
			 aircraft storage, flight training, aircraft rental, aircraft sales, aircraft
			 repair and maintenance, aerial photography, aerial field spraying, aerial
			 advertising, aerial surveying, skydiving, sale of aviation petroleum products,
			 and any other activities, which - because of their similar relationship to the
			 operation of aircraft - can appropriately be regarded as an "Aeronautical
			 Activity.")
(4) "Aeronautical use"
			 refers to any activity that involves, makes possible, or is required for the
			 safety or operation of an aircraft.
(5) "Agreement" means the written contract
			 between the Department and an Operator specifying the terms and conditions
			 under which the Operator may conduct aeronautical activities or access the
			 airport operations area through-the-fence.
(6) "Agricultural Airstrip" (Agstrip) refers
			 to an area designated by the user solely for the purpose of providing for
			 temporary or occasional landings and take-offs by aircraft engaged in aerial
			 application of chemicals, fertilizers, or other substances to agricultural or
			 forest lands. Such agstrips shall be exempt from all licensing and registration
			 requirements. Establishment of and responsibility for the restricted landing
			 area rests solely with the user who shall insure compliance with the following:
(a) Use for any aeronautical purpose other
			 than agricultural or forest aerial application is prohibited;
(b) Prior permission from the property owner
			 must be obtained;
(c) The strip
			 must be of sufficient size to accommodate an aircraft whose published
			 manufacturer's specifications state that an aircraft of that type can operate
			 safely from a strip of that dimension;
(d) Safety of persons and property on the
			 ground must be assured;
(e)
			 Conflict with traffic patterns of an existing airport must be avoided or
			 coordinated and resolved; and
(f)
			 If an agstrip is to be established on a public highway or other public grounds,
			 specific permission must be obtained from the authorities in charge thereof, as
			 required by ORS 837.090.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 10 - RATES AND CHARGES FOR STATE-OWNED AIRPORTS › Section 738-010-0010 - Purpose of Rule and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to establish fair, reasonable and
				nondiscriminatory rates and charges for all users of Oregon State-owned
				airports.
Stat. Auth.: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112
Stats. Implemented: ORS
				  835.035,
				  835.040,
				  835.112 &
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 10 - RATES AND CHARGES FOR STATE-OWNED AIRPORTS › Section 738-010-0015 - Revenue Disbursement

Current through Register Vol. 63, No. 7, July 1, 2024
All revenue generated from State-owned airport activities and
				services shall be expended by the Department only for State-owned airport
				operations, maintenance and capital improvements.
Stat. Auth.: ORS
				  835.035, ORS
				  835.040 &
				  835.112
Stats. Implemented: ORS
				  835.035,
				  835.040,
				  835.112 & ORS
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 10 - RATES AND CHARGES FOR STATE-OWNED AIRPORTS › Section 738-010-0020 - Establishment of Rates and Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department may use various methods to memorialize State-owned airport user
			 rates or charges and fees assessed for the public use or tenancy of State-owned
			 airport property and facilities, including but not limited to contract,
			 agreement, permit or direct assessment.
(2) The payment structure for any lease shall
			 be determined by the Department and may consist of:
(a) A fixed rent for a defined land parcel,
			 hangar or other facility it occupies, or
(b) A variable payment (related to fuel
			 flowage, volume of business, aircraft operations, etc.) for the use of the
			 airport property by its own aircraft or those of its customers.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 10 - RATES AND CHARGES FOR STATE-OWNED AIRPORTS › Section 738-010-0025 - Types of Rates, Charges and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
Each user of an Oregon State-owned airport shall be charged one
				or more of the following types of rates, charges and fees for the use of the
				premises and the rights granted by the Department:
(1) All leases of improved or unimproved
			 state-owned land at state-owned airports shall include rent assessed at an
			 annual rate per square foot. All rents and other charges for a lease of
			 Department property shall reflect fair market rent as determined by first
			 considering the fair market value established by the most recent appraisal of
			 the property, if available, adjusted, if necessary, to reflect current lease
			 market conditions as reflected in a market rent analysis conducted by a
			 licensed real estate broker or a similar analysis conducted by Department staff
			 experienced in such analysis. The market rent or similar analysis shall
			 consider relevant circumstances including but not limited to whether the land
			 is buildable and the restrictions, if any, that apply to the land. Lessees
			 shall also pay all real property taxes and other taxes, if any, imposed on the
			 leased property.
(a) Rent shall be paid to
			 the Department as follows:
(A) Annually in
			 full, with the first annual payment on or before the date the lease begins and
			 subsequent payments on the anniversary date;
(B) Monthly in equal installments, payable at
			 the beginning of each month; or
(C)
			 By the terms of a payment-in-kind agreement that may constitute partial payment
			 or full payment. The Department will determine and assign a value to payments
			 in kind based upon a determination of the value of the goods, improvements or
			 services actually received or to be provided. In kind payments are subject to
			 rent escalation clauses. The determination of value will be based on an
			 objective process which compares estimates obtained by the Department, the
			 lessee or the proposed lessee from service providers for like services, goods
			 or improvements. A payment-in-kind agreement and all documents used to
			 determine payment-in-kind value must be retained in the lease file. Acceptance
			 of an in kind payment offering requires documentation of an affirmative finding
			 by the Department that the value of the in kind offering primarily benefits the
			 airport generally rather than the individual lessee or the business of the
			 individual lessee. Any payment-in-kind provision contained in an agreement
			 executed before the effective date of this rule will be deemed valid. The
			 Director must approve all payment-in-kind agreements prior to
			 implementation.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 10 - RATES AND CHARGES FOR STATE-OWNED AIRPORTS › Section 738-010-0030 - Adjustments of Fuel Flowage, Access, Tiedown, Mobile Service and Special Use Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall regularly review the rate and charges for
				State-owned airports and compare them to rates in effect at non-State-owned
				airports.
(1) The Department shall
			 review and may adjust rates and charges for fuel flowage, access, tiedown,
			 mobile service and special use fees at least every two years.
(2) The Department shall provide 60 days'
			 advance written notice of any adjustment to any affected lessee.
Stat. Auth.: ORS
				  835.035, ORS
				  835.040 & ORS
				  835.112
Stats. Implemented: ORS
				  835.035, ORS
				  835.040,
				  835.112 &
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 10 - RATES AND CHARGES FOR STATE-OWNED AIRPORTS › Section 738-010-0035 - Fair Market Value Cost of Construction - Adjustments of Unimproved Land, Improved Land and Facility Rents

Current through Register Vol. 63, No. 7, July 1, 2024
All rents set forth in agreements for rental of improved or
				unimproved land, or for any facility or structure, may be adjusted by the
				Department as follows:
(1) Adjustments
			 shall be made annually;
(2)
			 Adjustments shall be based on the Consumer Price Index-Urban of the State of
			 Oregon, rounded up to the penny, or three percent (3%) of the previous year's
			 rent, whichever is greater, or the lease rate can be determined by an appraisal
			 of the Fair Market Value of the lease rate.
(3) Except as provided in subsection (4), at
			 intervals of not less than five (5) years, the Department may engage a
			 certified appraiser or equally qualified aviation consultant, at its sole
			 expense, to determine by either appraisal or market rent analysis, the current
			 fair market value or rent for any property subject to a rental
			 agreement.
(4) The minimum five (5)
			 year interval described in subsection (3) may be waived by the Department when
			 the Department finds it necessary to meet a legitimate business need arising
			 prior to conclusion of the five-year period.
(5) The Department shall be responsible for
			 the engagement of an appraiser or aviation consultant. All expenses for the
			 appraisal or market rent analysis shall be borne by the Department.
Stat. Auth.: ORS
				  835.035,
				  835.040 &
				  835.112
Stats. Implemented: ORS
				  835.035,
				  835.040,
				  835.112 &
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 10 - RATES AND CHARGES FOR STATE-OWNED AIRPORTS › Section 738-010-0040 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112
Stats. Implemented: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112, ORS
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 10 - RATES AND CHARGES FOR STATE-OWNED AIRPORTS › Section 738-010-0045 - Appraisal/Market Rent Analysis Methodology

Current through Register Vol. 63, No. 7, July 1, 2024
Appraisals and market rent analyses performed on all
				aeronautical properties, including either land only or land and improvements,
				shall meet the following minimum requirements:
(1) An income analysis must be employed,
			 through evaluating rental rates, fees and charges of similar aeronautical land
			 and improvements at comparable airports.
(2) All appraisals and analyses shall utilize
			 current methods appropriate to valuation of aeronautical properties and
			 facilities.
(3) Survey data
			 compiled by recognized aviation organizations may be used as ancillary support
			 for rental rates and fees used in the process; however, all survey data used in
			 the analysis shall be made available to lessor or lessee in the
			 transaction.
(4) Rates of return
			 utilized in the income analysis shall be obtained through reasonable and
			 acceptable methods and must be adequately discussed within the
			 report.
Stat. Auth.: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112
Stats. Implemented: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112, ORS
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 10 - RATES AND CHARGES FOR STATE-OWNED AIRPORTS › Section 738-010-0050 - Rate of Return

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 appraisal is to determine the value of unimproved land only, then the
			 determined value shall assume a "target" rate of return of not less than ten
			 percent (10%), in order to yield the appropriate annual ground rental rate. The
			 rate of return applied shall be commensurate with the term of the lease and
			 capital improvements to be completed on the property.
(2) If there are any improvements situated on
			 the property (including, but not limited to, paved ramp/apron, office
			 facilities, hangars and terminal buildings), the determined value shall assume
			 a "target" rate of return of not less than ten percent (10%), in order to yield
			 the appropriate annual rental rate. The rate of return utilized shall be
			 commensurate with the term of the lease and capital improvements to be
			 completed on the property.
(3) If
			 an appraisal is performed, the appropriate rental rate shall be derived by
			 multiplying the rate of return by the final determined value.
Stat. Auth.: ORS
				  835.035,
				  835.040 &
				  835.112
Stats. Implemented: ORS
				  835.035,
				  835.040,
				  835.112 &
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 10 - RATES AND CHARGES FOR STATE-OWNED AIRPORTS › Section 738-010-0055 - Highest and Best Use of State-Owned Aeronautical Property

Current through Register Vol. 63, No. 7, July 1, 2024
An appraisal or market rent analysis conducted pursuant to
				sections 738-010-0035 through
				738-010-0050 shall assume that
				the highest and best use of the property is for aviation-related activities,
				and shall further assume:
(1) That the
			 property under analysis will continue to be part of an operating public use
			 airport, and
(2) That access to the
			 infrastructure and amenities of the airport will continue to be available to
			 the public.
Stat. Auth.: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112
Stats. Implemented: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112, ORS
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 10 - RATES AND CHARGES FOR STATE-OWNED AIRPORTS › Section 738-010-0060 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the
			 discretion of the Director, or the Director's designee, each lessee may pay a
			 penalty for late or delinquent payments. Such penalty may not exceed ten
			 percent (10%) of the original delinquent payment. Then that amount will be
			 charged to the lessee each month until the lease payment is current. Example:
			 If a lessee fails to pay a $100 lease payment, then the lessee will be charged
			 $10 per month until the original lease payment and late fees are
			 current.
(2) Whenever a bank-issued
			 check is presented for payment of any State-owned airport fee, and said check
			 is returned to the ODA due to insufficient funds, closed account, or other
			 similar reason, the Department shall charge the lessee presenting such check an
			 additional fee of $50, plus any and all related collection fees. If the initial
			 charges and returned check fees are not paid within 14 days after notification
			 to lessee, ODA may suspend, revoke or place in default all of lessee's permits,
			 agreements or leases in force at that time, according to the terms specified in
			 such contract.
Stat. Auth.: ORS
				  835.035,
				  835.040 &
				  835.112
Stats. Implemented: ORS
				  835.035,
				  835.040,
				  835.112 &
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 14 - THROUGH THE FENCE PILOT PROGRAM › Section 738-014-0010 - Through the Fence Pilot Program: Purpose and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 738-014-0010 through
				738-014-0060 implement ORS
				836.640 and
				836.642 (Or Laws 2005, ch 820).
				The policy of the State of Oregon is to encourage and support the continued
				operation and vitality of Oregon's airports. These rules establish a pilot
				program at up to three rural airports to encourage development of through the
				fence operations designed to promote economic development by creating family
				wage jobs, by increasing local tax bases and by increasing financial support
				for rural airports.
Stat. Auth.: ORS
				  835.035,
				  836.642, sec. 4, ch. 820, OL
				  2005
Stats. Implemented: ORS
				  836.640,
				  836.642 & ch. 820, OL
				  2005.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 14 - THROUGH THE FENCE PILOT PROGRAM › Section 738-014-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the terms defined in OAR
				738-005-0010, for purposes of
				738-014-0010 through
				738-014-0050, the following
				definitions apply:
(1) "Airport
			 boundary" is the geographical line around the airport as indicated in the
			 airport layout plan. The areas that may be included in the airport are
			 described in OAR 660-013-0040(1).
(2) "Customary and usual aviation-related
			 activity" includes activities described in ORS
			 836.616(2) and
			 includes activities that a local government may authorize pursuant to ORS
			 836.616(3).
(3) "Facility site plan" means a plan showing
			 the boundary of a proposed through the fence operation, and indicating
			 infrastructure requirements, building layout and operational plans.
(4) "Pilot site" means a rural airport
			 selected to participate in the pilot program pursuant to OAR
			 660-014-0030 and the Aurora
			 State Airport.
(5) "Rural airport"
			 means an airport described in ORS
			 836.610(1) that
			 principally serves a city or standard metropolitan statistical area with a
			 population of 75,000 or fewer.
(6)
			 "Through the fence operation" means a customary and usual aviation-related
			 activity that:
(a) Is conducted by a
			 commercial or industrial user of property, not owned by the airport sponsor,
			 within an airport boundary; and
(b)
			 Relies, for business purposes, on the ability to taxi aircraft directly from
			 the property employed for the commercial or industrial use to an airport
			 runway.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 14 - THROUGH THE FENCE PILOT PROGRAM › Section 738-014-0030 - Selection of Volunteer Pilot Sites

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Airport sponsors interested in
			 participating in the pilot program must make written application to ODA. ODA
			 will establish the application form and deadline for applications.
(2) The application shall include:
(a) a letter from the governing body of the
			 county in which each rural airport is located. The letter shall state the
			 governing body concurs with the sponsor's request to be a pilot site and is
			 prepared to assist in the amendment of comprehensive plans and land use
			 regulations, if necessary, as required by ORS
			 836.642 and OAR 660, Division 13
			 (Department of Land Conservation and Development rules governing airport
			 planning);
(b) a description of how
			 the airport sponsor intends to encourage through the fence operations at the
			 rural airport;
(c) a complete
			 narrative description of public-private partnerships the sponsor intends to
			 pursue, and how the partnerships would promote:
(1) Innovative and creative technologies for
			 increasing airport usability and safety;
(2) Innovative and creative performance of
			 aviation services to make the services more competitive and useful for the
			 public;
(3) Development of the
			 pilot site as a setting for customary and usual aviation-related activities to
			 develop and thrive; and
(4) Shared
			 responsibility for:
(A) Establishing and
			 meeting the fiscal needs of the pilot site;
(B) Maintaining safety of operations;
			 and
(C) Maintaining positive
			 community relations and compatibility with existing uses.
(D) a description, to the extent practicable,
			 of the types of innovative airport infrastructure and operations funding that
			 will be sought to support the pilot airport; and
(E) a statement of the sponsor's willingness
			 to participate in the pilot program evaluation process described in OAR
			 738-014-0035.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 14 - THROUGH THE FENCE PILOT PROGRAM › Section 738-014-0035 - Pilot Program Evaluation Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The pilot program implemented by these
			 rules is intended to support Oregon's economic development through
			 encouragement of through the fence operations at certain pilot airports. The
			 ODA will prepare annual written evaluations of the program and present its
			 evaluation to the State Aviation Board and other interested persons at the
			 first State Aviation Board meeting after July 1, beginning July 1, 2007.
			 Airport sponsors of pilot sites will cooperate with the evaluation and provide
			 the information needed to complete the evaluation.
(2) The evaluation shall include, but need
			 not be limited to, the following information:
(a) Identify and describe the new
			 through-the-fence operations located at the pilot site and the number of jobs
			 at each business. Describe the origin of each new business (start-up, relocated
			 from another location in Oregon, relocated from a location outside Oregon) and
			 the net change in employment from the previous location, if applicable.
			 Describe other economic benefits of each through-the-fence operation, if
			 applicable.
(b) Describe efforts by
			 the airport sponsor to plan for and encourage airport development. Include a
			 review of the sponsor's efforts to obtain innovative sources of financing for
			 infrastructure and operations, as described in ORS
			 836.642(6).
(c) Describe efforts by the local community,
			 including the jurisdiction responsible for land use planning for the pilot site
			 and local economic development agencies, to plan for and encourage airport
			 development.
(d) Analyze ODA's
			 costs for the pilot program during the evaluation period, including both costs
			 associated with the Aurora State Airport as a pilot site and the general costs
			 associated with the pilot program.
(e) Evaluate ODA expenditures at pilot site
			 airports compared to other public airports.
(f) Report on the local planning and land use
			 issues that arose with respect to the pilot program.
(g) Evaluate the impact of the pilot program
			 on the efficiency of airport management and operations at each pilot
			 site.
(h) Evaluate the impact of
			 the pilot program on security for each pilot airport.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 14 - THROUGH THE FENCE PILOT PROGRAM › Section 738-014-0040 - Revisions to Airport Facility Plans to Accommodate New Through the Fence Operations at Pilot Sites

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 pilot site sponsor shall work with the appropriate local government to amend
			 its Airport Layout Plan as necessary to address proposed new through the fence
			 operations. Amendments must conform to ORS
			 836.610(1) and
			 OAR chapter 660, division 13 (Airport Planning).
(2) The Oregon Department of Aviation may
			 assist the pilot site airport sponsor in the development of the Airport Layout
			 Plan by providing aviation planning advice, and by assisting in the
			 coordination of involvement with the appropriate local government, state and
			 federal agencies, including the Department of Land Conservation and
			 Development, and the Economic and Community Development Department.
(3) Upon submittal of the appropriate land
			 use applications, the county and city (if any) within whose jurisdiction a
			 pilot site is located shall consider amendments to comprehensive plans and land
			 use regulations, including zoning classifications pursuant to ORS
			 836.600 to
			 836.630, if necessary, to
			 accommodate the pilot site through the fence operations.
Stat. Auth.: ORS
				  835.035,
				  836.642 & sec. 4, ch. 820,
				  OL 2005
Stats. Implemented: ORS
				  836.640,
				  836.642 & ch. 820,OL
				  2005
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 14 - THROUGH THE FENCE PILOT PROGRAM › Section 738-014-0050 - Standards and Guidelines for Through the Fence Operations

Current through Register Vol. 63, No. 7, July 1, 2024
The airport sponsor of a pilot site shall create a "Through the
				Fence Operations" operating plan for their airport, to accompany the Airport
				Layout Plan. The "Through the Fence Operations" operating plan shall include
				the following:
(1) Identify current
			 operating costs and revenues for the pilot site airport. Describe how the
			 through the fence operations will provide financial support to the pilot sites
			 in compliance with FAA regulations.
(2) Require each through the fence operation
			 to submit a facility site plan for its own property to the airport sponsor. The
			 through the fence operation, in cooperation with the airport sponsor, then may
			 proceed to seek any necessary land use approval from the appropriate local
			 government. Any such approval must be made in compliance with statewide land
			 use planning requirements. If the facility site plan is approved by the
			 appropriate local government in compliance with applicable statewide land use
			 planning requirements, the facility site plan shall be incorporated into the
			 local government's airport plan and airport boundary.
(3) Require that each through the fence
			 facility only be permitted to operate through a written contract with the
			 airport sponsor that includes:
(a) Financial
			 charges, including fuel flowage fees if applicable, that provide equitable and
			 uniform treatment of all airport tenants and users at pilot sites.
(b) An approved development plan for the
			 through the fence property.
(c)
			 Aviation safety rules for the airport, and rules that facilitate the orderly
			 management of the pilot sites.
(d)
			 Identify the airport's role in Oregon's emergency response system, and the
			 through the fence facility's role (if any) in assisting in maintaining these
			 characteristics;
(e) Identify
			 investments in pilot sites and the level of service provided by pilot sites,
			 and the through the fence facility's role (if any) in assisting in maintaining
			 these characteristics.
(f)
			 Facilitate and foster good relations with the communities surrounding the pilot
			 sites, including, for example, adhering to established airport noise abatement
			 procedures, and adjusting operations as needed to cooperate with public
			 community events which may occur at the airport from time to time.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 14 - THROUGH THE FENCE PILOT PROGRAM › Section 738-014-0060 - Airport-related Economic Development for the Community

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The pilot site airport sponsor shall
			 coordinate with its county (and city if applicable) economic development
			 departments to advance local economic development through qualified customary
			 and usual aviation related activities within the airport boundaries of pilot
			 sites. The development shall encourage well-ordered economic development within
			 the airport boundaries of the pilot sites.
(2) Airport sponsors shall encourage, to the
			 extent practical, the use of innovative funding and economic development
			 programs at the airport to assist in developing financial self-sufficiency of
			 the airport, including but not limited to the programs described in ORS
			 836.642(6).
(3) The Economic and Community Development
			 Department shall assist the pilot sites to:
(a) Identify, qualify for and apply for
			 funding from appropriate grant and loan programs; and
(b) Develop innovative short-term and
			 long-term funding opportunities.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0010 - Commercial Aeronautical Lease Applicant's Financial Responsibility and Experience

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 persons applying for a lease for commercial aeronautical activity at a
			 State-owned airport must demonstrate the financial capability and
			 responsibility to:
(a) Initiate proposed
			 commercial aeronautical activities;
(b) Construct proposed improvements;
			 and
(c) Provide working capital to
			 perform proposed activities for the lease term.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0020 - Commercial Aeronautical Lease Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The prospective Lessee shall be provided
			 a draft commercial lease for review only after the Department has approved the
			 lease application. Before entering into the lease with ODA, the prospective
			 Lessee shall review the applicable:
(a)
			 Operating Minimum Standards;
(b)
			 Airport Rules and Regulations;
(c)
			 Rates and Charges Policy; and
(d)
			 Leasing Policy for Commercial Aeronautical Activities.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0025 - Commercial Aeronautical Lease Renewal Options

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance with OAR
			 738-015-0020, Commercial
			 Aeronautical Lease Provisions, Lessee shall have the option to renew its lease
			 beyond the base term, subject to the satisfaction of all of the following
			 conditions:
(a) The existing lease is not in
			 default;
(b) Any improvements to
			 the lease property are structurally sound and capable of safe and legal
			 occupancy for the remaining term of the renewal period; and
(c) Lessee files a notice with ODA, in the
			 form specified by ODA, stating that Lessee has complied with (a) and (b) above
			 and intends to exercise its renewal option. The notice must be filed no later
			 than 120 days prior to the expiration of the base term lease.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0030 - Termination of Commercial Aeronautical Lease for Default or Airport Development

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the
			 event of termination of a commercial lease by the Department for default by
			 Lessee, Lessee has two options, either of which must be completed within 120
			 days of the date of written notice of lease termination
(a) Lessee may sell the lease improvements to
			 a qualified buyer who is able to enter into a lease with the Department, under
			 the criteria set forth in OAR
			 738-015-0005 through
			 738-0015-0015; or
(b) Within that
			 same period, Lessee may remove the improvements, at Lessee's expense, and
			 restore the lease property to its original condition.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0035 - Sale of Improvements, Assignment of Commercial Leases, Subleases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall not allow assignment of any lease for commercial aeronautical
			 activity.
(2) If Lessee desires to
			 sell the improvements, the Department shall consider entering into a new lease
			 with the buyer of the improvements.
(a) The
			 prospective Lessee (the buyer of the improvements) must meet all requirements
			 imposed on any lessee under the terms of a lease with the Department for
			 commercial aeronautical activity at a State-owned airport.
(b) If the prospective Lessee (the buyer of
			 the improvements) qualifies to obtain a lease, the Department shall offer a
			 lease with the terms, conditions and rates then in effect. The term of the new
			 lease shall be determined by the Department, consistent with OAR
			 738-015-0005 through
			 738-0015-0015.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0040 - Commercial Lease Insurance Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Each Lessee shall meet all State of Oregon insurance
				requirements and shall maintain the types of insurance specified in the lease,
				in the amounts specified.
Stat. Auth.: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112
Stats. Implemented: ORS 935.035, ORS 935.040, ORS
				  835.112, ORS
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0045 - Exclusive Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall not grant an exclusive right aeronautical activity agreement
			 to any single commercial operator or service provider, since such an agreement
			 would create a the absence of competitive enterprise or a local monopoly at a
			 State-owned Airport.
(2) The
			 Department does not regard a State-owned airport with one single commercial
			 operator to constitute an "exclusive right" or monopoly to that operator by
			 ODA.
Stat. Auth.: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112
Stats. Implemented: ORS 935.035, ORS 935.040, ORS
				  835.112, ORS
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0050 - Competitive Proposal Process for Commercial Aeronautical Activity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order for
			 the State to determine the level of market demand, the Department may, at its
			 discretion, seek competitive proposals for leases for commercial aeronautical
			 activity at all State-owned airports.
(a) The
			 proposal process will include public notices and posting of information and
			 proposal documents on the Department website.
(b) All Requests for Proposals will be
			 consistent with any and all applicable State policies.
(c) A fair and objective evaluation process
			 will be utilized to select the proposals that best meet the interests of the
			 State, as defined within the proposal documents.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0055 - Access Permits

Current through Register Vol. 63, No. 7, July 1, 2024
Effective August 15, 2001, the date of approval of the Leasing
				Policy for Commercial Property by the State Aviation Board, the Department
				shall not issue any new access permits until all State-owned airport property
				has been developed, except at those airports where access permits already
				exist.
Stat. Auth.: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112
Stats. Implemented: ORS 935.035, ORS 935.040, ORS
				  835.112, ORS
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0060 - Leasing Application for Non-Commercial Aeronautical Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To obtain a
			 non-commercial lease at a State-owned airport, a person shall submit an
			 application to the Department for review, in a form specified by ODA.
(2) The application for non-commercial lease
			 shall include:
(a) A detailed description of
			 the scope of the proposed development;
(b) A description of the means to be employed
			 to accomplish the construction;
(c)
			 The legal name of the person applying as prospective Lessee and its business
			 name (if different), as well as address(es) and telephone number(s);
(d) The names, addresses, and telephone
			 numbers of all owners, officers and directors;
(e) The proposed dates for commencement and
			 completion of the proposed development;
(f) Verification that pilot(s) and aircraft
			 comply with State of Oregon Department of Aviation registration requirements
			 (pursuant to ORS 837.020-070);
(g) A listing of all applicable FAA
			 Certificates;
(h) The number of
			 initial projected aircraft to be stored in the proposed structure;
			 and
(i) A layout (to scale) of the
			 size, configuration, and location of the property proposed for occupancy and
			 preliminary drawing(s) of the building(s) and improvements to be constructed,
			 together with identification of vehicle parking areas. Drawings shall be
			 legible and reproducible with clearly defined dimensions. Each drawing shall be
			 not less than 8.5 inches by 11 inches in size and be drawn in permanent
			 media.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0065 - Hangar Occupancy Under Leases for Noncommercial Aeronautical Activity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All hangars,
			 whether constructed by the Lessee or leased from the Department, shall be used
			 as a base for at least one aircraft registered with the State of Oregon
			 Department of Aviation, or at least one aircraft currently being repaired,
			 modified or constructed.
(2) These
			 conditions are met only if:
(a) Any aircraft
			 being repaired, modified or constructed shows progress towards an airworthy
			 condition over a twelve-month period; or
(b) Lessee does not exceed a period of 180
			 days without having an aircraft based in the hangar.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0070 - Non-Commercial Aeronautical Lease Applicant's Financial Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All persons
			 applying for a lease for non-commercial aeronautical activity at a State-owned
			 airport who will be constructing improvements to the lease property shall
			 provide the Department evidence, in a form acceptable to ODA, of the
			 applicant's financial capability and responsibility to complete the project, in
			 one of the following forms:
(a) A performance
			 bond in the amount equal to the cost for constructing the proposed
			 improvements, which may be supplied by a contractor;
(b) An irrevocable letter of credit
			 guaranteeing funds to complete the project;
(c) An escrow agreement administered by a
			 title and escrow company; or
(d) A
			 trust administered by a commercial bank.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0080 - Non-Commercial Aeronautical Lease Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The prospective Lessee shall be provided
			 a draft non-commercial lease for review only after the Department has approved
			 the lease application. Before entering into the lease with ODA, the prospective
			 Lessee shall review the applicable:
(a)
			 Operating Minimum Standards;
(b)
			 Airport Rules and Regulations;
(c)
			 Rates and Charges Policy; and
(d)
			 Leasing Policy for Non-Commercial Aeronautical Activities.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0085 - Non-Commercial Aeronautical Lease Renewal Options

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance with OAR
			 738-015-0080, Non-Commercial
			 Aeronautical Lease Provisions, Lessee shall have the option to renew its lease
			 with the Department beyond the base term, subject to the satisfaction of all of
			 the following conditions:
(a) The existing
			 lease is not in default;
(b) Any
			 improvements to the lease property are structurally sound and capable of safe
			 and legal occupancy for the remaining term of the renewal period; and
(c) Lessee files a notice with ODA, in the
			 form specified by ODA, stating that Lessee has complied with (a) and (b) above
			 and intends to exercise its renewal option. The notice must be filed not later
			 than 120 days prior to the expiration of the base term lease.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0090 - Termination of Non-Commercial Aeronautical Lease for Default or Airport Development

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the
			 event of termination of a non-commercial lease for default by Lessee, Lessee
			 has two options, either of which must be completed within 120 days of the date
			 of written notice of lease termination:
(a)
			 Lessee may sell the lease improvements to a qualified buyer who is able to
			 enter into a lease with the Department under OAR 738-015-055 through
			 738-015-075; or
(b) Within that
			 same period, Lessee may remove the improvements, at Lessee's expense, and
			 restore the lease property to their original condition.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0095 - Sale of Improvements, Assignment of Non-Commercial Leases, Subleases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall not allow assignment or sublease of any non-commercial lease.
(2) If Lessee desires to sell the
			 improvements, the Department shall consider entering into a new lease with the
			 buyer of the improvements, provided said prospective new Lessee is qualified
			 under criteria set forth in OAR
			 738-015-0060, Leasing
			 Application for Non-Commercial Aeronautical Activities, OAR
			 738-015-0065, Hangar Occupancy
			 Under Leases for Non-Commercial Aeronautical Activity, OAR
			 738-015-0070, Non-Commercial
			 Aeronautical Lease Applicant's Financial Responsibility, and OAR
			 738-015-0075, ODA Review of
			 Application for Non-Commercial Aeronautical Activities.
(a) The prospective Lessee (the buyer of the
			 improvements) must meet all requirements imposed on any Lessee with a
			 non-commercial aeronautical lease.
(b) If the prospective Lessee (the buyer of
			 the improvements) qualifies to obtain a lease, the Department shall offer a
			 lease with the terms, conditions and rates then in effect. The term of the new
			 lease shall be determined by the Department, consistent with OAR
			 738-015-0080.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0100 - Non-Commercial Lease Insurance Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Each Lessee shall meet all State of Oregon insurance
				requirements and shall maintain the types of insurance specified in the lease,
				in the amounts specified.
Stat. Auth.: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112
Stats. Implemented: ORS 935.035, ORS 935.040, ORS
				  835.112, ORS
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 20 - MINIMUM STANDARDS FOR AIRPORTS › Section 738-020-0010 - Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
To prescribe minimum dimensional and layout standards for
				airports, including heliports; to prescribe procedures for site approval,
				licensing, or registering pursuant to the following:
(1) ORS
			 835.035 pertaining to the
			 general public interest, safety, and the development and promotion of
			 aeronautics.
(2) ORS
			 836.025(1)
			 pertaining to the regulations, protection, and policing of airports by the
			 Oregon Department of Aviation (Department).
(3) ORS
			 836.080 to
			 836.120 pertaining to site
			 approval and licensing of airports.
Stat. Auth.: ORS 835 & ORS 836
Stats. Implemented: ORS
				  836.080 - ORS
				  836.120
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 20 - MINIMUM STANDARDS FOR AIRPORTS › Section 738-020-0020 - Designation of Minimum Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Airports other than heliports:
(a) An airport
			 that is open to the public shall conform as a minimum to the design and
			 dimensions of General Aviation Airports shown on the drawing "Minimum Standards
			 for General Aviation Airports", attached as
Exhibit 1
hereto.
			 Airports for personal, recreational or emergency use, if not so conforming, may
			 be approved if runway and approaches are adequate for the published operating
			 characteristics and limitations of the aircraft to be accommodated;
(b) Sponsors of public-use airports shall
			 have control of approach-departure zones with dimensions appropriate to the
			 purpose and usage of the airport, but in no case extending less than 1,100 feet
			 from end of the runway. Public-use airports which are exempted under ORS
			 836.080, or which held a license
			 prior to December 25, 1974, are exempt from this requirement;
(c) If an airport having dimensions which
			 meet state minimum standards but is deemed by the Director to be inadequate
			 based on the amount and nature of air traffic, the type of aircraft to be
			 accommodated, and the size and operational category of the airport, the design
			 and dimensions of such airport shall conform as nearly as practicable to the
			 applicable standards prescribed by the Federal Aviation Administration
			 (FAA).