Title 3, Title 3 — Aircraft and Airports

This act shall be known and may be cited as the "Airport Zoning Act". Laws 1945, p. 14, § 15. Renumbered from § 115 of this title by Laws 1986, c. 20, § 15, eff. Nov. 1, 1986.

As used in this act, unless the context otherwise requires: 1. “Airport” means an area of land or water that is used or intended to be used for the landing and taking off of aircraft including its buildings and facilities, if any; 2. “Airport hazard” means any structure, object o…

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 aircr…

certain structures. A. In order to prevent the erection of structures dangerous to air navigation, subject to the provisions of subsections B, C and D of this section, each person shall secure from the local airport zoning authority, or in the absence of a local airport zoning au…

Airport zoning regulations adopted by any political subdivision pursuant to this act, as a minimum, shall require a permit or variance for the erection, alteration, or modification of any structure which would result in the structure exceeding the federal obstruction standards pu…

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

(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 incorpora…

(1) Notice and Hearing. No airport zoning regulations shall be adopted, amended, or changed under this act except by action of the governing body of the political subdivision in question, or the Joint Board provided for in subsection (2) of Section 103 of this title, after a publ…

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

(1) Permits. Any airport zoning regulations adopted under this act 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. I…

(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 act, or any governing body of a political subdivision, or any Joint Airport Zoning Board, who is of the opinion …

All airport zoning regulations adopted by the political subdivision or the Joint Airport Zoning Board shall 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…

(1) All airport zoning regulations adopted under this act shall 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 enforcement…

(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 who is of the opinion that a decision of a Board of Adjustment is illegal, may present to the district cour…

Each violation of this act or of any regulations, orders, or rulings promulgated by the political subdivision, Joint Airport Zoning Board, or Commission pursuant to this act, shall constitute a misdemeanor and shall be punishable by a fine of not more than Five Hundred Dollars ($…

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

The Oklahoma Department of Aerospace and Aeronautics may provide technical assistance to any political subdivision requesting assistance in the preparation of an airport zoning code. A copy of all local airport zoning codes, rules, and regulations, and amendments and proposed and…

Act. A. This act shall be known and may be cited as the "Aircraft Pilot and Passenger Protection Act". B. It is the intent of this act to: 1. Regulate obstructions to air navigation that have the potential of endangering the lives and property of aircraft pilots and passengers an…

A. If the Commission determines that a permit should not be issued under the provisions of the Aircraft Pilot and Passenger Protection Act, the Commission shall notify the applicant in writing of its determination. The notification may be served by delivering it personally to the…

The provisions of the Aircraft Pilot and Passenger Protection Act shall not apply to structures that existed or have an approved building permit from the local authority with jurisdiction over the property that the structure is proposed to be constructed upon, prior to the effect…

Each violation of the Aircraft Pilot and Passenger Protection Act, or rulings promulgated by the Commission pursuant to this act, shall constitute a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00). Each day that such a violation or failure continu…

The Commission shall prepare and charge a schedule of reasonable fees for services rendered, not to exceed Two Hundred Dollars ($200.00) per permit application. Added by Laws 2010, c. 367, § 13, eff. Oct. 1, 2010.

The Commission is authorized to promulgate any rules necessary to implement the provisions of the Aircraft Pilot and Passenger Protection Act. Added by Laws 2010, c. 367, § 14, eff. Oct. 1, 2010.

As used in the Aircraft Pilot and Passenger Protection Act: 1. "Airport reference point" is the geometrical center of all usable runways; 2. "Airport elevation" is the highest point of an airport's usable runways measured in feet from mean sea level; 3. "Approach surface" is an i…

A. A person shall obtain a permit from the Commission prior to the construction, installation, or use of any of the following near a public-use airport: 1. Any proposed structure or area for an incompatible purpose in the primary surface or the runway protection zone; 2. Any stru…

The construction of a structure for an incompatible purpose within the primary surface or the runway protection zone is presumed to be incompatible with normal airport operations including the landing and takeoff of aircraft. Added by Laws 2010, c. 367, § 4, eff. Oct. 1, 2010.

Any structure or alteration to a structure is presumed to be a hazard to air navigation if its total structure height is greater than the horizontal, conical or approach surfaces, as defined in Section 2 of the Aircraft Pilot and Passenger Protection Act. Added by Laws 2010, c. 3…

Applications to the Commission for a permit in accordance with the provisions of the Aircraft Pilot and Passenger Protection Act for construction near a public-use airport shall include the following: 1. For construction in a primary surface or runway protection zone, under parag…

A. If FAA Form 7460-1 is required, then an application for a permit pursuant to Section 120.3 of this title shall be filed at the same time the FAA Form 7460-1 is sent to the FAA, or at any time before that. If FAA Form 7460-1 is not required, then the application shall be filed …

permit. A. Once a permit is issued by the Commission, the applicant shall be required to complete the following steps to complete the permit process: 1. The applicant for a permit under Section 120.3 of this title shall record each permit issued by the Commission in the office of…

Pilot and Passenger Protection Act. A permit issued in accordance with the provisions of Section 3 of the Aircraft Pilot and Passenger Protection Act is valid only if the proposed structure has been constructed within ten (10) years of the issuance of a permit by the Commission p…

A. For purposes of this section: 1. “Anemometer” means an instrument for measuring and recording wind speed; 2. “Anemometer tower” means a structure, including all guy wires and accessory facilities, on which an anemometer is mounted, that is fifty (50) feet in height above the g…

Any department, agency or commission which is authorized to own or operate aircraft is hereby authorized to carry insurance on such aircraft and pay the premium therefor out of funds appropriated for the operation of such subdivision of government for the following kinds and with…

Violations. A. Every person who, in the ordinary course of his business, rents an aircraft to another person, shall deliver to that person a written notice stating the nature and extent of insurance coverage provided, if any, for the renter against loss of or damage to the hull o…

A. It is hereby declared that it is the policy of the Legislature to make registration procedures for aircraft similar to those for automobiles, with the authority to accomplish the same vested fully in Service Oklahoma separately from the Oklahoma Department of Aerospace and Aer…

Notwithstanding any other definition thereof in any other statute, the term "aircraft" as used herein shall, for license and registration purposes, include any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air or airspace, manuf…

The following aircraft are exempt from provisions of Section 251 et seq. of this title: 1. Aircraft manufactured under a Federal Aviation Administration approved type certificate which are owned and in the physical possession of the manufacturers as provided in subsection D of Se…

A. Except as otherwise provided in Section 251 et seq. of this title, every owner or person in charge of an aircraft which shall be operated on or from any airport of any type in this state shall for each such aircraft cause to be filed by mail or otherwise with Service Oklahoma …

suspension and revocation - Fine. A. It shall be unlawful for any person to engage in the business of selling new or used aircraft in this state, or to serve in the capacity of, or act as a dealer of new or used aircraft in this state without first obtaining a dealer license as p…

As used in Sections 254.2 through 254.5 of this title: 1. “Agreement” means any written or oral contracts or agreements between a dealer and a manufacturer that were in effect prior to July 1, 2007, and all revisions, modifications, extensions, amendments and replacements of such…

practices - Failure to comply with agreement. Notwithstanding any contractual provision in any agreement to the contrary, no manufacturer, in connection with the offer, negotiation, sale, purchase, operation, or transfer of any license, dealership, franchise, or other agreement r…

cause - Notice. A. No manufacturer, in its dealings with a dealer, may terminate, cancel, or fail to renew an agreement as defined in Section 254.2 of this title without good cause. As used in this subsection, “good cause” means that the dealer has: 1. Employed a material device,…

Effect on multiple contracts - Dealer. A. Any dealer harmed by the failure of a manufacturer to comply with Section 254.3 or 254.4 of this title shall be entitled to bring a private right of action against the manufacturer for the recovery of the fair market value of the business…

The provisions of Sections 254.2, 254.3, 254.4 and 254.5 of Title 3 of the Oklahoma Statutes shall apply only to dealers of new or used aircraft licensed pursuant to the provisions of Section 254.1 of Title 3 of the Oklahoma Statutes and which have agreements or contracts with ma…

A. Upon receipt of an application for the registration of an aircraft, as herein provided, Service Oklahoma shall file such application and register such aircraft with the name and address of the owner, manufacturer or dealer, as the case may be, together with facts stated in suc…

A. Registration fees and taxes on aircraft shall be paid to and collected by Service Oklahoma and its agents in the same manner as registration fees and taxes are paid and collected on automobiles. All fees and taxes collected pursuant to this section shall be apportioned by Serv…

A. Service Oklahoma is hereby authorized to require the owner of each aircraft to pay a filing fee for the purpose of filing necessary liens with the Federal Aviation Administration when any registration fees required to be paid by the owner pursuant to the provisions of Section …

Documentation of personal property used or consumed - Report to Tax Commission - Violation - Penalty. A. Each manufacturer of aircraft shall pay a registration fee of Two Hundred Fifty Dollars ($250.00) on each aircraft in the process of manufacture, whether or not on a factory b…

Authority is hereby given to Service Oklahoma and the Department of Public Safety to promulgate rules and regulations for the purpose of regulating and enforcing Section 251 et seq. of this title. Any administrative rules promulgated by the Oklahoma Tax Commission related to the …

Aircraft Registry - Supplying false information relating to ownership or identity of aircraft. A. It is unlawful for any person in this state to operate an aircraft that is not registered with the Federal Aviation Administration Office of Aircraft Registry or with a foreign count…