Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 5 - VIRGINIA AVIATION BOARD › Chapter 20 - REGULATIONS GOVERNING THE LICENSING AND OPERATION OF AIRPORTS AND AIRCRAFT AND OBSTRUCTIONS TO AIRSPACE IN THE COMMONWEALTH OF VIRGINIA › Part VIII - Unmanned Aircraft › Section 24VAC5-20-430 - Procedure for adopting an ordinance or regulation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any locality
				  that proposes to regulate the take-off and landing of unmanned aircraft on
				  property owned by it shall enact such regulations by ordinance or resolution.
				  Any other political subdivision shall adopt regulations for such
				  purposes.
B. No proposed ordinance
				  or regulation may be advertised for a public hearing until the political
				  subdivision has submitted the regulation to the department for comment and the
				  department has notified the political subdivision that the ordinance or
				  regulation is consistent with this chapter.
C. A locality may regulate the use of
				  unmanned aircraft by ordinance or resolution. The locality shall hold a public
				  hearing prior to adoption of regulations. The locality shall advertise the
				  hearing and the substance of the ordinance or regulation on the locality
				  website for a minimum of 14 days, displayed where public hearings are set out
				  on the locality's website and shall include the advertising in the applicable
				  social media feeds of the locality for the same period of time. The regulation
				  must be based on findings of need for public safety protection or protection of
				  specific natural resources.
D. Any
				  political subdivision other than a locality shall hold a public hearing prior
				  to adoption of a regulation. The other political subdivision shall advertise
				  the hearing and the substance of the regulation on the subdivision's website
				  for a minimum of 14 days, displayed where public hearings are set out on the
				  political subdivision's website and shall include notice of the advertising in
				  the applicable social media feeds of the subdivision for the same period of
				  time. The regulation must be based on findings of need for public safety
				  enhancement protection or protection of specific natural resources.
E. Every political subdivision shall report
				  the adoption of any regulation permitted by this chapter to the Department of
				  Aviation within 14 days of adoption. The report shall include an electronic
				  copy of the regulations, policies, maps, and any other documents related to the
				  regulation with links to the political subdivision's regulation. No regulation
				  shall take effect until it is published on the department's website.
F. The department will publish all new or
				  revised regulations or ordinances or provide links to the political
				  subdivision's website pages containing such information within 14 days of
				  receipt from the political subdivision. The department shall publish and update
				  annually on its website, and any other website the department deems
				  appropriate, a summary of any such regulations or ordinances adopted.
G. If, at any time, the department deems a
				  political subdivision's local regulation to be inconsistent with this chapter,
				  the department will inform the subdivision of the discrepancies. The political
				  subdivision shall amend its regulation to eliminate the
				  discrepancies.
Statutory Authority: §§
												5.1-2.2 and
						5.1-2.15 of the Code of
						Virginia.