Title 2, Aeronautics

The North Dakota aeronautics commission and all counties, cities, park districts, and townships of this state, separately or jointly, may acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate, and police airports and landing field…

Private property needed by a county, city, park district, or township for an airport or landing field, or for the expansion of an airport or landing field, may be acquired by grant, purchase, lease, or other means, if the political subdivision is able to agree with the owners of …

The purchase price or award for real property acquired in accordance with the provisions of this chapter for an airport or landing field may be paid for by appropriation of moneys available therefor or wholly or partly from the proceeds of the sale of bonds of said counties, citi…

Where necessary, in order to provide unobstructed air space for the landing and taking off of aircraft utilizing airports and landing fields acquired or maintained under the provisions of this chapter, the counties, cities, park districts, and townships may acquire such air right…

Such political subdivisions may acquire the right or easement for a term of years or perpetually to place and maintain suitable marks for the daytime, and to place, operate, and maintain suitable lights for the nighttime marking of buildings or other structures or obstructions in…

Counties, cities, park districts, and townships which have established airports or landing fields, or which acquire, lease, or set apart real property for such purpose or purposes, may: 1. Construct, equip, maintain, and operate the same, or vest authority for the construction, e…

The local public authorities having power to appropriate moneys within the political subdivisions acquiring, establishing, developing, operating, maintaining, or controlling airports under the provisions of this chapter may appropriate and cause to be raised by taxation under sec…

Counties, cities, park districts, and townships acquiring, establishing, developing, operating, maintaining, or controlling airports or landing fields under the provisions of this chapter without the geographic limits of such subdivisions have the same police powers over such air…

After June 30, 1967, any airport authority, county, city, township, or other political subdivision which operates an airport, is hereby authorized to carry liability insurance for its own protection and the protection of any employee from claim for loss or damage for bodily injur…

In this chapter, unless the context or subject matter otherwise requires: 1. "Aircraft" means any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air. Provided, a hydroplane, while at rest on water and while being operated on or i…

Sovereignty in the space above the lands and waters of this state is declared to rest in the state, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of this state.

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 section 2-03-04.

Flight in aircraft over the lands and waters of this state is lawful, unless 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 so conducted as to be imminently dangerous…

The owner and the pilot, or either of them, of every aircraft which is operated over the lands or waters of this state are liable for injuries to persons or property on the land or water beneath caused by the ascent, descent, or flight of the aircraft, or the dropping or falling …

The liability of the owner of one aircraft to the owner of another aircraft, or to the airmen or passengers on either aircraft, for damage caused by collision on land or in the air, must be determined by the rules of law applicable to torts on land.

Aircraft carrying passengers or property for hire are deemed common carriers and are subject to all of the rules applicable thereto.

All crimes, torts, and other wrongs committed by or against an airman or passenger while in flight over this state are governed by the laws of this state, and the question whether damage occasioned by or to an aircraft while in flight over this state constitutes a tort, crime, or…

All contractual and other legal relations entered into by airmen or passengers while in flight over this state have the same effect as if entered into on the land or water beneath.

1. Any person who operates any aircraft within the airspace over, above, and upon the lands and waters of this state, carelessly and heedlessly in willful disregard of the rights or safety of others, or without due caution and circumspection in a manner so as to endanger or be li…

Whenever a person, firm, corporation, limited liability company, or association shall erect anywhere in this state a building, structure, or tower of any kind over two hundred feet [60.96 meters] in height above the terrain such person, firm, corporation, limited liability compan…

It is unlawful to build or maintain any obstruction near the runway approach to any airport in the state open for public use, except pursuant to rules and regulations adopted by the aeronautics commission.

Each violation of section 2-03-11 or 2-03-12 or any regulations, orders, or rulings promulgated or made pursuant to this chapter constitutes a class A misdemeanor.

No person transported by the owner or operator of any aircraft as a guest without payment for such transportation has claim for relief for damages against the owner or operator for injury, death, or loss in case of accident, unless the accident was caused by the gross negligence,…

As used in this chapter, unless the context otherwise requires: 1. "Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interests of the public for such purposes. 2. "Airport hazard" mean…

It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off, and maneuvering of airc…

1. In order to prevent the creation or establishment of airport hazards, every political subdivision having an airport hazard area within its territorial limits may adopt, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescr…

1. Incorporation. In the event that a political subdivision has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion thereof, may be incorporat…

1. No airport zoning regulations shall be adopted, amended, or changed under this chapter except by action of the legislative body of the political subdivision in question, or the joint board provided for in subsection 2 of section 2-04-03 after a public hearing in relation there…

1. Reasonableness. All airport zoning regulations adopted under this chapter must be reasonable and none may impose any requirement or restriction which is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations it may adopt, each poli…

1. Permits. Any airport zoning regulations adopted under this chapter may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed or substantially altered or repaired…

1. Any person aggrieved, or taxpayer affected, by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this chapter, or any governing body of a political subdivision, or any joint airport zoning board, which is of the opi…

All airport zoning regulations adopted under this chapter must provide for the administration and enforcement of such regulations by an administrative agency which may be an agency created by such regulations or any official, board, or other existing agency of the political subdi…

1. All airport zoning regulations adopted under this chapter must provide for a board of adjustment to have and exercise the following powers: a. To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcemen…

1. Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, or any governing body of a political subdivision or any joint airport zoning board which is of the opinion that a decision of a board of adjustment is illegal, may present to the district cou…

Each violation of this chapter or of any regulations, orders, or rulings promulgated or made pursuant to this chapter, constitutes a class B misdemeanor. In addition, the political subdivision or agency adopting zoning regulations under this chapter may institute in any court of …

In any case in which: 1. It is desired to remove, lower, or otherwise terminate a nonconforming structure or use; 2. The approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or 3. It appears adv…

This chapter must be known and may be cited as the "Airport Zoning Act".

The North Dakota aeronautics commission consists of five members. The governor shall appoint each member for a term of five years, except that a member appointed to fill a vacancy before the expiration of the term for which the member's predecessor was appointed must be appointed…

A director of aeronautics must be appointed by the commission to serve at the pleasure of the commission. The director of aeronautics shall devote full time to the duties of the office, and shall have no pecuniary interest in or any stock or bonds of any civil aeronautical enterp…

The director shall be the executive officer of the commission. The director shall attend all meetings of the commission, but has no voting power. At the direction of the commission, the director shall, together with the chairman of the commission, execute all contracts entered in…

The commission may submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04. The commission shall maintain its office in the state capitol or as authorized under section 54-21-24.

The commission shall have general supervision over aeronautics within this state and shall: 1. Encourage the establishment of airports and air navigation facilities; 2. Cooperate with and assist the federal government, the municipalities of this state, and other persons in the de…

The commission may act as agent of all municipalities in accepting, receiving, receipting for, and disbursing federal moneys, made available to finance, in whole or in part, the planning, acquisition, construction, improvement, maintenance, or operation of municipal airports or a…

The North Dakota aeronautics commission, or any county, city, park district, or township is authorized to accept, receive, and receipt for federal moneys, and other moneys, either public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipme…

The governing body of any political subdivision referred to in section 2-05-06.1 is authorized to designate the state aeronautics commission of the state as its agent to accept, receive, and receipt for federal moneys in its behalf for airport purposes and to contract for the acq…

All contracts for the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of airports or other air navigation facilities, made by any of the political subdivisions referred to in sections 2-05-06.1 and 2-05-06.2, by itself or through the agen…

Each public airport in this state may be provided assistance according to guidelines established by the commission by rule, within the limits of legislative appropriations from the state general fund. The governing body or airport authority which operates an airport that receives…

The state airways system shall consist of all air navigation facilities available for public use now existing or hereafter established, whether publicly or privately owned or except those under the jurisdiction of the federal government. Jurisdiction over the state airways system…

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…