Oregon Administrative Code

737-025-0093 Award of Construction Grants (1) ODOT will review letters of intent and applications to determine if: (a) The Applicant and the project are eligible for an infrastructure grant; (b) The Applicant proposal complies with the appropriate standards or practices for the w…

737-025-0094 Safe Routes to School Infrastructure Plan A Safe Routes to School Infrastructure Plan must: (1) Identify existing conditions identified as physical barriers and hazards to children walking or bicycling to and from school. (2) Prioritize the most critical infrastructu…

737-100-0010 Definitions (1) “Ambulance” is defined in ORS 682.025 and means the vehicle is currently licensed by Oregon Health Division. (2) “Competent mechanic” means a person who: (a) Is active at repairing vehicles of the type for which the designation is requested; and (b) R…

737-100-0030 Designation of Emergency Vehicles (1) This rule applies to vehicles designated as emergency vehicles by the Transportation Safety Office of the Department of Transportation (Transportation Safety) under the authority of ORS 801.260. (2) An ambulance is considered an …

737-100-0040 Emergency Vehicle Designation for ODOT Incident Response Vehicles (1) The Transportation Safety Office of the Oregon Department of Transportation adopts these requirements regarding Emergency Vehicle designation for ODOT Emergency or Incident Response Vehicles. (2) E…

738-001-0001 Notice of Proposed Rules In accordance with ORS 183.341, to provide a reasonable opportunity for interested persons to be notified of proposed actions, prior to the adoption, amendment or repeal of any rule, the Oregon Department of Aviation shall give notice of the …

738-001-0006 Uniform and Model Rules of Procedure (1) Pursuant to ORS 183.341(2), the Oregon Department of Aviation adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, OAR chapter 137, divisions 1 through 5 to govern its rulemaking and …

738-001-0035 Public Records Access and Fees (1) All information in the custody of the Director of the Oregon Department of Aviation ODA shall be disclosed or protected from disclosure in accordance with Chapter 192 of the Oregon Revised Statutes. (2) As used in this rule, “public…

738-005-0010 Definitions Definitions contained in this division apply throughout OAR chapter 738 to rules governing the Oregon Department of Aviation (Department or ODA). (1) "Access agreement" is an agreement granted by the Department to a person for the right to access the Stat…

738-010-0010 Purpose of Rule and Statutory Authority The purpose of this rule is to establish fair, reasonable and nondiscriminatory rates and charges for all users of Oregon State-owned airports. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemente…

738-010-0015 Revenue Disbursement All revenue generated from State-owned airport activities and services shall be expended by the Department only for State-owned airport operations, maintenance and capital improvements. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 St…

738-010-0020 Establishment of Rates and Charges (1) The Department may use various methods to memorialize State-owned airport user rates or charges and fees assessed for the public use or tenancy of State-owned airport property and facilities, including but not limited to contrac…

738-010-0025 Types of Rates, Charges and Fees Each user of an Oregon State-owned airport shall be charged one or more of the following types of rates, charges and fees for the use of the premises and the rights granted by the Department: (1) All leases of improved or unimproved s…

738-010-0030 Adjustments of Fuel Flowage, Access, Tiedown, Mobile Service and Special Use Fees The Department shall regularly review the rate and charges for State-owned airports and compare them to rates in effect at non-State-owned airports. (1) The Department shall review and …

738-010-0035 Fair Market Value Cost of Construction — Adjustments of Unimproved Land, Improved Land and Facility Rents All rents set forth in agreements for rental of improved or unimproved land, or for any facility or structure, may be adjusted by the Department as follows: (1) …

738-010-0045 Appraisal/Market Rent Analysis Methodology Appraisals and market rent analyses performed on all aeronautical properties, including either land only or land and improvements, shall meet the following minimum requirements: (1) An income analysis must be employed, throu…

738-010-0050 Rate of Return (1) If the appraisal is to determine the value of unimproved land only, then the determined value shall assume a “target” rate of return of not less than ten percent (10%), in order to yield the appropriate annual ground rental rate. The rate of return…

738-010-0055 Highest and Best Use of State-Owned Aeronautical Property An appraisal or market rent analysis conducted pursuant to sections 738-010-0035 through 738-010-0050 shall assume that the highest and best use of the property is for aviation-related activities, and shall fu…

738-010-0060 Penalties (1) At the discretion of the Director, or the Director’s designee, each lessee may pay a penalty for late or delinquent payments. Such penalty may not exceed ten percent (10%) of the original delinquent payment. Then that amount will be charged to the lesse…

738-014-0010 Through the Fence Pilot Program: Purpose and Policy OAR 738-014-0010 through 738-014-0060 implement ORS 836.640 and 836.642 (Or Laws 2005, ch 820). The policy of the State of Oregon is to encourage and support the continued operation and vitality of Oregon’s airports…

738-014-0020 Definitions In addition to the terms defined in OAR 738-005-0010, for purposes of OAR 738-014-0010 through 738-014-0050, the following definitions apply: (1) “Airport boundary” is the geographical line around the airport as indicated in the airport layout plan. The a…

738-014-0030 Selection of Volunteer Pilot Sites (1) Airport sponsors interested in participating in the pilot program must make written application to ODA. ODA will establish the application form and deadline for applications. (2) The application shall include: (a) a letter from …

738-014-0035 Pilot Program Evaluation Process (1) The pilot program implemented by these rules is intended to support Oregon’s economic development through encouragement of through the fence operations at certain pilot airports. The ODA will prepare annual written evaluations of …

738-014-0040 Revisions to Airport Facility Plans to Accommodate New Through the Fence Operations at Pilot Sites (1) Each pilot site sponsor shall work with the appropriate local government to amend its Airport Layout Plan as necessary to address proposed new through the fence ope…

738-014-0050 Standards and Guidelines for Through the Fence Operations The airport sponsor of a pilot site shall create a “Through the Fence Operations” operating plan for their airport, to accompany the Airport Layout Plan. The “Through the Fence Operations” operating plan shall…

738-014-0060 Airport-related Economic Development for the Community (1) The pilot site airport sponsor shall coordinate with its county (and city if applicable) economic development departments to advance local economic development through qualified customary and usual aviation r…

738-015-0005 Leasing Application for Commercial Aeronautical Activities (1) To obtain an initial commercial lease at a State-owned airport, a person shall submit a written application to Oregon Department of Aviation (the Department or ODA) for review, in the form specified by OD…

738-015-0010 Commercial Aeronautical Lease Applicant's Financial Responsibility and Experience (1) All persons applying for a lease for commercial aeronautical activity at a State-owned airport must demonstrate the financial capability and responsibility to: (a) Initiate proposed…

738-015-0015 ODA Review of Application for Commercial Aeronautical Lease (1) The Department shall review the lease application for commercial aeronautical activities of the prospective Lessee and the financial responsibility documentation, and determine whether to approve or deny…

738-015-0020 Commercial Aeronautical Lease Provisions (1) The prospective Lessee shall be provided a draft commercial lease for review only after the Department has approved the lease application. Before entering into the lease with ODA, the prospective Lessee shall review the ap…

738-015-0025 Commercial Aeronautical Lease Renewal Options (1) In accordance with OAR 738-015-0020, Commercial Aeronautical Lease Provisions, Lessee shall have the option to renew its lease beyond the base term, subject to the satisfaction of all of the following conditions: (a) …

738-015-0030 Termination of Commercial Aeronautical Lease for Default or Airport Development (1) In the event of termination of a commercial lease by the Department for default by Lessee, Lessee has two options, either of which must be completed within 120 days of the date of wri…

738-015-0035 Sale of Improvements, Assignment of Commercial Leases, Subleases (1) The Department shall not allow assignment of any lease for commercial aeronautical activity. (2) If Lessee desires to sell the improvements, the Department shall consider entering into a new lease w…

738-015-0040 Commercial Lease Insurance Requirements Each Lessee shall meet all State of Oregon insurance requirements and shall maintain the types of insurance specified in the lease, in the amounts specified. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Ot…

738-015-0045 Exclusive Rights (1) The Department shall not grant an exclusive right aeronautical activity agreement to any single commercial operator or service provider, since such an agreement would create a the absence of competitive enterprise or a local monopoly at a State-o…

738-015-0050 Competitive Proposal Process for Commercial Aeronautical Activity (1) In order for the State to determine the level of market demand, the Department may, at its discretion, seek competitive proposals for leases for commercial aeronautical activity at all State-owned …

738-015-0055 Access Permits Effective August 15, 2001, the date of approval of the Leasing Policy for Commercial Property by the State Aviation Board, the Department shall not issue any new access permits until all State-owned airport property has been developed, except at those …

738-015-0060 Leasing Application for Non-Commercial Aeronautical Activities (1) To obtain a non-commercial lease at a State-owned airport, a person shall submit an application to the Department for review, in a form specified by ODA. (2) The application for non-commercial lease s…

738-015-0065 Hangar Occupancy Under Leases for Noncommercial Aeronautical Activity (1) All hangars, whether constructed by the Lessee or leased from the Department, shall be used as a base for at least one aircraft registered with the State of Oregon Department of Aviation, or at…

738-015-0070 Non-Commercial Aeronautical Lease Applicant's Financial Responsibility (1) All persons applying for a lease for non-commercial aeronautical activity at a State-owned airport who will be constructing improvements to the lease property shall provide the Department evid…

738-015-0075 ODA Review of Application for Non-Commercial Aeronautical Activities (1) The Department shall review the application for lease for non-commercial aeronautical activities at a State-owned airport, as well as the financial responsibility documentation, and determine wh…

738-015-0080 Non-Commercial Aeronautical Lease Provisions (1) The prospective Lessee shall be provided a draft non-commercial lease for review only after the Department has approved the lease application. Before entering into the lease with ODA, the prospective Lessee shall revie…

738-015-0085 Non-Commercial Aeronautical Lease Renewal Options (1) In accordance with OAR 738-015-0080, Non-Commercial Aeronautical Lease Provisions, Lessee shall have the option to renew its lease with the Department beyond the base term, subject to the satisfaction of all of th…

738-015-0090 Termination of Non-Commercial Aeronautical Lease for Default or Airport Development (1) In the event of termination of a non-commercial lease for default by Lessee, Lessee has two options, either of which must be completed within 120 days of the date of written notic…

738-015-0095 Sale of Improvements, Assignment of Non-Commercial Leases, Subleases (1) The Department shall not allow assignment or sublease of any non-commercial lease. (2) If Lessee desires to sell the improvements, the Department shall consider entering into a new lease with th…

738-015-0100 Non-Commercial Lease Insurance Requirements Each Lessee shall meet all State of Oregon insurance requirements and shall maintain the types of insurance specified in the lease, in the amounts specified. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statute…

738-020-0010 Purpose and Statutory Authority To prescribe minimum dimensional and layout standards for airports, including heliports; to prescribe procedures for site approval, licensing, or registering pursuant to the following: (1) ORS 835.035 pertaining to the general public i…

738-020-0020 Designation of Minimum Standards (1) Airports other than heliports: (a) An airport that is open to the public shall conform as a minimum to the design and dimensions of General Aviation Airports shown on the drawing "Minimum Standards for General Aviation Airports,” …

738-020-0025 Application for Site Approval (1) Except as provided in ORS 836.080, OAR 738-020-0030 or as approved by the FAA after a site selection study, no municipality or officer or employee thereof, nor any person, shall construct or establish an airport or heliport without f…

738-020-0030 Application for License (1) Except as provided in ORS 836.080, a person, municipality, or officer or employee thereof may not operate a public-use airport without a license issued by the Oregon Department of Aviation. The license fee is determined by statute and shal…