Title 28 — Transportation

A. An annual license tax is imposed on all aircraft based in this state and required to be registered pursuant to this article, unless an exemption for the aircraft is established pursuant to this article. The license tax is payable to the department on initial registration and a…

The license tax for a nonresident whose aircraft is based in this state for more than ninety days but less than two hundred ten days in a calendar year is equal to one-tenth of one per cent of the average fair market value of the particular make, model and year of aircraft if the…

A. The annual license tax for aircraft that is in storage or that is being repaired is $20 for each aircraft, except for an aircraft taxed under section 28-8341. B. To qualify for the tax under this section, the aircraft owner shall annually file a sworn affidavit on a form provi…

A. The annual license tax for a salvage aircraft that is in storage or that is being restored is $5 for each aircraft, and the tax shall not be prorated. B. To qualify for the tax under this section, the salvage aircraft owner shall annually file a sworn affidavit on a form provi…

A. The annual license tax for an antique aircraft, classic aircraft, warbird aircraft, glider aircraft, experimental aircraft or homebuilt aircraft is $20 for each aircraft. B. To qualify for the tax under this section, the aircraft owner shall annually apply on a form provided b…

A. The annual license tax for a manufacturer's aircraft is $20 for each aircraft. B. To qualify for the tax under this section, the manufacturer's aircraft owner shall annually file a sworn affidavit on a form provided by the department with the department not later than the last…

A. The annual license tax for a maintenance aircraft owned by a nonresident is $20 for each aircraft, unless an exemption is established pursuant to this article. The tax shall not be prorated. B. To qualify for the tax under this section, the nonresident owner or representative …

For the registration cycle, the department shall annually determine the fair market value required by sections 28-8335 and 28-8336 as established by the dealer price guides or other recognized reliable source of information.

A. If a company that insures an aircraft determines the aircraft is a total loss, the insurer shall provide to the department an affidavit stating that a total loss occurred. B. If the aircraft is a total loss, is transferred to another person, business or organization and is not…

A. In addition to all other taxes provided by law, each supplier shall pay to this state a tax of five cents for each gallon of aviation fuel as provided in chapter 16, article 1 of this title. B. For the purposes of this section, "supplier" has the same meaning prescribed in sec…

A. Monies received from the registration fees collected pursuant to this article shall be transmitted to the state treasurer, pursuant to sections 35-146 and 35-147, for distribution as follows: 1. 50 percent in the state general fund. 2. 35 percent in the state aviation fund est…

A. On receipt of any notice, affidavit, application, registration or other document that must be filed with the department pursuant to this article after the date on which the document is required to be filed and received, the department shall treat the document as if it had been…

The director may impose a civil penalty against a person required to register an aircraft under this article as follows: 1. In an amount of not more than five hundred dollars against a person who wilfully makes or gives under oath or affirmation a false statement regarding aircra…

In this article, unless the context otherwise requires, "aircraft dealer" means a person who is either: 1. Engaged in the business of buying, selling or exchanging aircraft. 2. Offering to assist another person with the purchase, sale or exchange of an aircraft for compensation.…

A. A person shall not act as an aircraft dealer without first obtaining a license from the director that authorizes the person to engage in the business of an aircraft dealer. B. A person shall apply for a license on forms prescribed or authorized by the director. The person shal…

A. An aircraft dealer shall both: 1. Obtain a tax privilege license from this state. 2. Notify the department within ten days after the purchase or sale of an aircraft or after accepting an aircraft on consignment and file this notification whether or not the aircraft dealer take…

A. The aircraft dealer shall file with the department a continuous corporate surety bond for the benefit of this state or a cash deposit as prescribed in section 35-155 in the sum of ten thousand dollars that is conditioned on the faithful performance of all sales contracts or ag…

A. An aircraft dealer shall make and retain for three years records that the director may prescribe as being reasonably necessary to substantiate the reports required by this article. B. The records may include copies of inventories, receipts or consignment contracts. C. The dire…

A person is guilty of a class 6 felony if the person either: 1. Acts as an aircraft dealer without obtaining an aircraft dealer's license. 2. Knowingly fails to give the notification prescribed by section 28-8383, subsection A, paragraph 2.

A. The governing body of a city or town or the board of supervisors of a county may: 1. Acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate airports for the use of aircraft within or outside the limits of the city, town or county. 2.…

Lands that are acquired, owned, controlled or occupied by the department, in the operation and maintenance of the Grand Canyon national park airport, or a city, town or county for the purposes prescribed in section 28-8411 are for a public purpose and for a public necessity.

A. This state or a county, city or town may: 1. Accept and receive federal and other monies, either public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of airports, other air navigation facilities and sites for airpo…

By resolution, the governing body of a city or town: 1. May sell, lease and dispose of an airport acquired under this article. 2. If an airport acquired under this article is sold, leased or disposed of to the county in which the airport is located, to this state or to the United…

A. The department, in the operation and maintenance of the Grand Canyon national park airport, or a city, town or county may accept and hold real property or any interest in the property by gift, trust or purchase or any other manner for the purpose of establishing, constructing,…

A. A city, town or county that acquires private property for an airport shall acquire the property by purchase, if the city, town or county can agree with the owner on the terms of purchase. B. If unable to agree, the city, town or county may acquire the property by condemnation …

The purchase price for real property acquired for an airport may be paid from either: 1. Monies available for the purchase. 2. Wholly or partially from proceeds of the sale of bonds of the city, town or county as the governing body determines, subject to the adoption of a proposa…

A. The governing body of a city or town or the board of supervisors of a county that has established an airport and that has acquired, leased or set apart real property for an airport may either: 1. Construct, improve, equip, maintain and operate it. 2. Vest jurisdiction for the …

A. The department, in the operation and maintenance of the Grand Canyon national park airport, and the governing body of a city or town or the board of supervisors of a county may adopt rules and establish fees or charges for use of airport facilities. B. The governing body of a …

The department, in the operation and maintenance of the Grand Canyon national park airport, or a city, town or county may enter into agreements on terms the director or the governing body deems advisable with agencies of the United States or with a person, firm or corporation eng…

The powers, rights and authority granted by this article to a city, town or county may be exercised by either: 1. Two or more cities, towns or counties. 2. A joint powers airport authority formed pursuant to article 8 of this chapter, if in connection with the closing of a milita…

A. This state or a county, city or town may spend monies received from an adjoining state for the purpose of enlarging, improving, maintaining, operating or equipping an existing airport in this state. B. The department may enter into an agreement with an adjoining state for the …

A. If the department, in the operation and maintenance of the Grand Canyon national park airport, or if a city, town or county has leased or leases land owned by it to a nonprofit corporation for airport or air terminal purposes pursuant to a lease agreement that provides that ti…

A. A nonprofit corporation that is a lessee as provided in section 28-8423: 1. Is a validly organized and existing body politic and corporate exercising its powers for the benefit of the people, for the improvement of the people's health and welfare and for the increase of the pe…

A. The department, in the operation and maintenance of the Grand Canyon national park airport, or a city, town or county may lease land owned by it or under its control to a person, partnership, association or corporation for airport or air terminal purposes pursuant to a lease a…

A. The governing body of a public airport operating pursuant to sections 28-8423 and 28-8424 may appoint one or more persons to be designated by the airport as airport police officers to aid and supplement the law enforcement agencies of this state in the protection of persons an…

A. Whether or not airport police officers have been appointed pursuant to section 28-8426, the governing body may appoint unarmed airport police aides who are employed by the governing body. B. The police aides: 1. Are authorized to enforce ordinances regulating the standing or p…

A. The governing body of each airport appointing an airport police officer or airport police aide is liable for any and all acts of the airport police officer or airport police aide that are within the scope of the officer's or aide's employment. B. This state or any political su…

In this article, unless the context otherwise requires: 1. "Accident potential zone one" means an area three thousand feet wide by five thousand feet long that starts at the end of each clear zone and that is centered and measured on the extended runway centerline, terminating ei…

A. It is declared that: 1. The creation or establishment of an airport hazard is a public nuisance and a public injury to the community served by an airport. 2. It is necessary in the interest of the public health, public safety and general welfare that the creation or establishm…

A. If it is desired to remove, lower or otherwise terminate a nonconforming structure or use, if the approach protection necessary cannot be accomplished by airport zoning regulations under this article because of constitutional limitations or if it appears advisable that the nec…

To prevent an airport hazard, a political subdivision that has an airport hazard area within its territorial limits may adopt, administer and enforce airport zoning regulations for the airport hazard area, under the police power, in the manner and on the conditions prescribed in …

A. If an airport is owned or controlled by a political subdivision and an airport hazard area is located outside its territorial limits, the political subdivision that owns or controls the airport and the political subdivision within which the airport hazard area is located may e…

A. If a political subdivision has adopted or adopts a comprehensive zoning ordinance regulating the height of buildings, an airport zoning regulation applicable to the same area or portion of the same area may be: 1. Incorporated in and made a part of the comprehensive zoning reg…

A. In adopting, amending and repealing an airport zoning regulation under this article, the political subdivision or joint airport zoning board shall follow the procedure prescribed by law for the adoption, amendment and repeal of comprehensive zoning regulations. B. Before the i…

A. Airport zoning regulations adopted under this article shall be reasonable and shall not impose a requirement or restriction that is not reasonably necessary to effectuate the purposes of this article. B. In determining what regulations it may adopt, a political subdivision and…

A. Airport zoning regulations adopted under this article shall provide for the administration and enforcement of the regulations by either: 1. An administrative agency that may be an agency established by the regulations. 2. Any official, board or other existing agency of the pol…

A. An airport zoning regulation adopted under this article may require that a permit be obtained before a new structure or use may be constructed, established, substantially changed, altered or repaired. B. The airport zoning regulation provided in subsection A shall also provide…

A. A person who wants to erect or increase the height of a structure, permit the growth of a tree or otherwise use the person's property in violation of an airport zoning regulation adopted under this article may apply to the board of adjustment for a variance from the airport zo…

In granting a permit or variance under section 28-8470 or 28-8471, the administrative agency or board of adjustment, if it deems the action advisable to fulfill the purposes of this article and reasonable in the circumstances, may place a condition on the permit or variance that …

A. Airport zoning regulations adopted under this article shall provide for a board of adjustment that exercises the following powers: 1. Hear and decide appeals from an order, requirement, decision or determination made by the administrative agency in the enforcement of the airpo…