Title 2 — Aeronautics

Repealed by S.L. 1999, ch. 52, § 1.

1. Except as provided in section 2-05-11.3, every aircraft or ultralight vehicle operating within this state for more than thirty days must be registered with the aeronautics commission for each calendar year in which the aircraft or ultralight vehicle is operated within this sta…

As used in sections 2-05-11.1 through 2-05-11.3, unless the context otherwise requires: 1. "Antique aircraft" means an aircraft built and originally federally certified by its manufacturer before January 1, 1941. 2. "Classic aircraft" means an aircraft built and originally federa…

On making proper application to the commission and paying the fee required under section 2-05-11.3, the owner of an antique, classic, or warbird aircraft may permanently register that aircraft in accordance with this section. An aircraft so registered may be used only for display…

Repealed by S.L. 2011, ch. 57, § 8.

The commission may hold investigations and hearings concerning matters covered by the provisions of this chapter which must be open to the public and must be held upon such call or notice as the commission deems advisable. Each member of the commission may administer oaths and is…

The commission, its members, the director, officers, and the employees of the commission, and every highway patrol trooper and all peace officers shall enforce and assist in the enforcement of this chapter.

Repealed by S.L. 2011, ch. 57, § 8.

Repealed by S.L. 2011, ch. 57, § 8.

Repealed by S.L. 2011, ch. 57, § 8.

Repealed by S.L. 2011, ch. 57, § 8.

A person may not engage in aerial spraying without a license from the North Dakota aeronautics commission. Application must be made by a commercial aerial sprayer in the name of the business and each application must be made upon forms provided by the commission. Upon the payment…

The aeronautics commission may issue and serve upon any person, engaged in aerial spraying, an order to cease and desist when the commission has reason to believe the person is violating, has violated, or is attempting to violate this chapter or any rule adopted by the commission…

The aeronautics commission may impose civil money penalties against any person willfully violating an order to cease and desist or any provision of this chapter or any of the rules adopted by the commission in an amount not to exceed five hundred dollars for each violation. As us…

1. As used in this section, unless the context otherwise requires: a. "Anemometer" means an instrument for measuring and recording the speed of wind. b. "Anemometer tower" means a structure, including all guy wires and accessory facilities, on which an anemometer is mounted for t…

1. A special fund known as the aeronautics commission special fund is established. 2. The aeronautics commission special fund must be administered and expended by the commission for the following: a. Administration of the commission. b. Airport construction and improvement projec…

There is created in the state treasury the airport infrastructure fund. The fund consists of all moneys deposited in the fund pursuant to chapter 57-51.1. Moneys in the fund may be spent by the aeronautics commission pursuant to legislative appropriations to provide grants to air…

In this chapter: 1. "Airport" means any real or personal property used or intended to be used for the navigation, landing, and taking off of aircraft, and any real or personal property used or intended to be used for airport operations or maintenance, buildings, facilities, right…

The aeronautics commission has operational control of airports constructed under section 2-06-01.1 and may provide for the imposition of landing fees, granting of fuel and service concessions, or the lease of portions of the premises for other related airport services or for purp…

1. A governing body of a municipality, by resolution, may create a municipal airport authority or choose to exercise the powers provided to a municipal airport authority under this chapter. 2. Upon the adoption of a resolution creating a municipal airport authority, the governing…

1. A municipality in North Dakota, by joint resolution with one or more municipalities in North Dakota or an adjoining state, may create a regional airport authority which may exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. Un…

1. Upon the appointment and qualification of the commissioners first appointed to a regional airport authority, the commissioners shall submit to the secretary of state a certified copy of each resolution adopted under section 2-06-03 by the municipalities included in the regiona…

Repealed by S.L. 2017, ch. 60, § 24.

Each commissioner of an airport authority shall hold office until the commissioner's successor has been appointed and has qualified. The certificates of the appointment and reappointment of commissioners must be filed with the authority. The appointing authority shall establish t…

An authority has all the powers necessary or convenient to carry out the purposes of this chapter including the power to certify, annually to the governing bodies creating it, the amount of the proposed tax to be levied by the governing bodies for airport purposes within the limi…

In the acquisition of property by eminent domain proceedings authorized by this chapter, an airport authority shall proceed in the manner provided by chapter 32-15 and other applicable laws. An airport authority may use eminent domain to acquire property acquired by its current o…

Except as limited by any grant, loan, or agreement authorized by section 2-06-13, an authority may, by sale, lease, or otherwise, dispose of any airport or other property interest acquired under this chapter. The disposal by sale, lease, or otherwise must be in accordance with th…

1. An authority may borrow money and issue bonds for any of its corporate purposes, including refunding bonds, in the form and upon the terms as it chooses, payable out of any revenues of the authority, including grants or contributions from the federal government or other source…

1. a. In connection with the operation of an airport owned or controlled by an authority, the authority may enter contracts, leases, and other arrangements for terms not to exceed thirty years with any persons: (1) Granting the privilege of using or improving the airport or any p…

An authority may adopt, amend, and repeal any reasonable resolutions, rules, and orders necessary for the management, government, and use of any airport it owns or controls. An airport authority may not issue any rule, order, or standard inconsistent with, or contrary to, any act…

1. An authority may accept, receive, receipt for, disburse, and expend federal and state moneys and other moneys, public or private, made available by grant or loan or both, to accomplish any of the purposes of this chapter. All federal moneys accepted under this section must be …

A county, city, or township supporting an airport or airport authority may levy up to four mills for airport or airport authority purposes. If any city or township within the county is levying a tax for support of an airport or airport authority and the total of the county and ci…

1. For the purposes of this section, unless otherwise qualified, the term "public agency" includes municipality and authority, any agency of the state government and of the United States, and any municipality, political subdivision, and agency of an adjoining state; and the term …

The acquisition of any land, or interest therein, pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, and protection of airports, including the acquisition or elimination of air…

Any property in this state acquired by an authority for airport purposes under this chapter, and any income derived by the authority from the ownership, operation, or control of the property, is exempt from taxation to the same extent as other property used for public purpose.

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of airports under this chapter, any municipality for which an authority has been created may, with or without consideration: 1. Lend or donate money to the authority. 2. Provide tha…

In addition to the general and special powers conferred by this chapter, every authority may exercise powers necessary to the exercise of the authority's general and special powers.

This chapter does not supersede the authority of a municipality to regulate airport hazards by zoning.

Repealed by S.L. 2017, ch. 60, § 24.

The following words, terms, and phrases, when used in this chapter, have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: 1. "Aircraft" includes airplanes and helicopters. 2. "Aircraft dealer" means every person, partne…

This chapter does not apply to any person who only leases aircraft to state institutions of higher education.

No person, partnership, association, corporation, or limited liability company may engage in the business of buying, selling, leasing, or exchanging aircraft, or advertise or hold out to the public as being in the business of buying, selling, leasing, or exchanging of aircraft wi…

No person, partnership, association, corporation, or limited liability company may engage in the business of buying, selling, leasing, or exchanging ultralight vehicles, or advertise or hold out to the public as being in the business of buying, selling, leasing, or exchanging of …

All dealers engaged in the sale of aircraft or ultralight vehicles in this state shall furnish the director of the aeronautics commission and purchasers with information as to model, specification, selling price, with no trade-in allowances, and names and addresses of purchasers …

The director of the aeronautics commission or the director's duly authorized representative may inspect the pertinent books, letters, records, and contracts of any licensed aircraft or ultralight vehicle dealer relating to specific complaints made against such dealer and which ma…

In addition to other powers provided by law, the aeronautics commission has the following powers and duties which must be exercised in conformity with this chapter: 1. To cancel, revoke, or suspend a dealer's license as provided for in this chapter. 2. To prescribe rules and regu…

Any dealer who permits the use of that person's dealer's license by any other dealer, or permits the use of such license for the benefit of any other dealer, shall have that person's dealer's license revoked.

The aeronautics commission, its director and staff, is responsible for the administration of the provisions of this chapter.

Any person violating any of the provisions of this chapter is guilty of an infraction for which a maximum fine of five hundred dollars may be imposed. For a second and subsequent offense, such person shall be guilty of a class B misdemeanor.