Title 67, Title 67

Unless otherwise provided, any person violating any of the provisions of chapters 1 through 3, except 67-3-212, or any of the rules or orders issued pursuant thereto is guilty of a misdemeanor and punishable by a fine of not more than $500 or by imprisonment in a county jail for …

(1) For aircraft as defined in subsection (2)(a), no entity, whether a division of government or a private company or corporation, may use information broadcast or collected by automatic dependent surveillance-broadcast systems, whether that data originates from ADS-B in or ADS-B…

This part may be cited as the "Uniform State Law for Aeronautics".

Sovereignty in the space above the lands and waters of this state is declared to rest in the state, except where assumed by the United States law.

The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in 67-1-204.

(1) Flight in aircraft over the lands and waters of this state is lawful, unless it is at such a low altitude as to interfere with the then-existing use to which the land or water or the space over the land or water is put by the owner or unless conducted as to be imminently dang…

A person who violates any provision of this part, except 67-1-204(8), shall be guilty of a misdemeanor and punishable by a fine of not more than $500 or by imprisonment for not more than 6 months, or both.

This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronautics.

(1) If a person acting or attempting to act as a crewmember of an aircraft has an alcohol concentration, as defined in 61-8-1001, of 0.04% by weight or more, it may be inferred that the person is under the influence of alcohol and is in violation of 67-1-204. (2) Evidence of any …

(1) The requirements of subsection (2) apply to a meteorological evaluation tower: (a) that is 50 feet or more in height; (b) that is located outside the boundaries of an incorporated city or town; (c) that is on land that is primarily rural or undeveloped or used for agricultura…

(1) All costs and expenses of administering this title, including the salaries of employees of the department engaged in functions pertaining to aeronautics, the expenses of members of the board, and all other disbursements necessary to carry out the purposes of this title, must …

The board of aeronautics may exercise the power and authority of a municipality under Title 90, chapter 5, part 1, with respect to projects suitable for use by commercial enterprises providing scheduled air transportation services primarily within the state if such projects are l…

(1) Within 30 days of receipt, the county treasurer shall transmit to the department of revenue 90% of the property tax collected on property of airline companies by reason of a state airport being located in the county. (2) The department of revenue shall place the money in the …

Any airport grant or loan that the department may be authorized to issue may be issued only after review and approval of the grant or loan request by the board.

There is a special aeronautical loan account in the state special revenue fund. Principal and interest payments deposited in the account may be used only for providing loans specified in 67-1-307.

Money deposited in the account created in 67-1-306 may, with the approval of the board, be used only to provide loans to local governments and state agencies for aeronautical purposes, including airport improvement. The board shall establish procedures, including the interest rat…

(1) There is an aeronautics operations account in the state special revenue fund. Revenue from the aviation fuel tax must be deposited in the account to the credit of the department pursuant to 67-1-301(3)(a). (2) Money in the account must be used for the purpose of administering…

(1) There is an airport grant account in the state special revenue fund. Revenue from the aviation fuel tax must be deposited in the account to the credit of the department pursuant to 67-1-301(3)(b). (2) Money in the account is statutorily appropriated, as provided in 17-7-502, …

(1) The department shall supervise aeronautics within this state. It shall encourage, foster, and assist in the development of aeronautics and encourage the establishment of airports and other air navigation facilities. (2) The department shall cooperate with and assist the feder…

(1) The department may perform acts; issue and amend orders; adopt reasonable, general, or special rules; and establish minimum standards, consistent with this title, as it considers necessary to: (a) carry out this title; (b) perform its duties for the purpose of protecting and …

(1) The department may temporarily employ an aircrew member or other person who volunteers to aid in the aerial search for a missing aircraft being conducted by the department. (2) The department and volunteer stand in the relationship of employer and employee for purposes of and…

(1) The department may, on behalf of and in the name of this state: (a) acquire real or personal property by purchase, gift, devise, lease, condemnation proceedings pursuant to Title 70, chapter 30, or otherwise for the purpose of establishing and constructing airports, restricte…

(1) The department may: (a) lease, for a term not exceeding 40 years, airports or other air navigation facilities or real property acquired or set apart for airport purposes to private parties, a municipal or state government or the national government, or a department of either …

(1) The department may confer with or hold joint hearings with any federal aeronautical agency in connection with any matter arising under this title or relating to the sound development of aeronautics and may avail itself of the cooperation, services, records, and facilities of …

(1) The department may offer its engineering or other technical services, without charge, to a municipality desiring them in connection with the construction, maintenance, or operation or proposed construction, maintenance, or operation of an airport or restricted landing area. (…

(1) The department may cooperate with the government of the United States and any agency or department of the United States in the acquisition, construction, improvement, maintenance, and operation of airports and other air navigation facilities in this state and may comply with …

The department and every state, county, and municipal officer charged with the enforcement of state or municipal laws shall enforce and assist in the enforcement of this title and of all rules adopted under it and of all other laws of this state relating to aeronautics. In the ai…

The department may hold investigations, inquiries, and hearings concerning matters covered by this title, by its orders and rules, and concerning accidents in aeronautics within this state. An officer or employee of the department designated to hold an investigation or hearing ma…

The reports of investigations or hearings may not be admitted in evidence or used for any purpose in any suit, action, or proceedings growing out of a matter referred to in the investigation, hearing, or report, except in case of criminal or other proceedings instituted in behalf…

In order to promote the general public interest and safety and to carry out the purposes of this title, the department may: (1) require the annual registration of federal licenses, permits, or certificates of civil aircraft engaged in air navigation within this state, of aircrews…

The provisions of 67-3-101(2) and (3) do not apply to: (1) an aircraft that has been licensed by a foreign country with which the United States has a reciprocal agreement covering the operations of that licensed aircraft; (2) an aircraft that is owned by a nonresident of this sta…

(1) The federal license, certificate, or permit and the evidence of registration in this or another state, if any, required for an aircrew member shall be kept in the personal possession of the aircrew member when operating within this state and must be presented for inspection u…

(1) The department shall set forth its reasons for its action and shall state the requirements to be met before approval will be given, registration permitted, license granted, or order modified or changed before it: (a) refuses to permit the registration of a license, certificat…

A person charged with the duty of enforcing this title may inspect and examine at reasonable hours any premises, buildings, or other structures where airports, restricted landing areas, air schools, flying clubs, or other air navigation facilities or aeronautical activities are o…

(1) Except as provided in 67-3-102 and in subsection (6) of this section, a person may not operate or cause or authorize to be operated a civil aircraft within this state unless the aircraft has an appropriate effective registration, license, certificate, or permit issued or appr…

(1) When an aircraft required to be registered under the provisions of subsections (2) and (4) through (6) of 67-3-201 is not registered on or before March 1 of the current calendar year, a penalty of five times the annual registration fee provided in 67-3-206 must be added to th…

(1) The owner of an aircraft subject to the fee in lieu of property tax must submit an application for registration or registration renewal to the department on or before March 1 of each year. The application must be accompanied by the fee in lieu of tax prescribed in 67-3-206. (…

(1) Except as provided in subsection (3), aircraft required to be registered in Montana are subject to a fee. The registration fee is in lieu of property tax. (2) The department shall issue a decal to the owner of the aircraft required to be registered at the time of payment of t…

(1) There is an account in the state special revenue fund to which must be credited all money received from fees paid in lieu of tax on aircraft, as required in 15-24-304 and this part, and all penalties collected for registration violations, as provided in 67-3-202. (2) Money in…

(1) The appropriate fee in lieu of tax imposed on aircraft is based on the age and type of aircraft and must be determined from the following schedule: YEARS 0 - 5 6 - 10 11 - 20 21 - 30 31 - 40 Single engine, fixed gear, 200 horsepower and under $ 450 $ 262.50 $ 150 $ 75 $ 37.50…

Except as provided in 67-3-102, a person may not engage in aeronautics as an aircrew member in this state unless the person has from the department an effective certificate of registration of an appropriate effective aircrew member's license, certificate, or permit issued or appr…

(1) The pilot of each flight carrying passengers and originating at a Montana public airport and to be flown under visual flight rules over a distance greater than 250 nautical miles is required to file a flight plan with the federal aviation administration. (2) The department ma…

This chapter may be cited as the "Airport Compatibility Act".

The legislature finds that tall trees and structures and certain types of development located in the vicinity of airports endanger the lives and property of users of the airport and of occupants of land in its vicinity. The legislature also finds that the location of tall trees a…

(1) Except as provided in subsection (2)(b), the definitions in 67-1-101 apply to this chapter. (2) In this chapter, the following definitions also apply: (a) "Airport affected area" means the land and space above the ground surface of an airport in the proximity of the airport, …

(1) Subject to the provisions of subsection (5), a governing body of a political subdivision that owns or controls an NPIAS airport or that has an airport affected area for an NPIAS airport within its territorial limits or a joint board established pursuant to 67-7-202 shall, by …