Oregon Administrative Code

738-070-0090 Acknowledgment of Notice (1) Within 20 working days, the Department will acknowledge receipt in writing of each notice submitted under OAR 738-070-0070. (2) If the construction or alteration proposed in a notice is one for which lighting or marking standards are pres…

738-070-0100 Obstruction Standards (1) This rule establishes standards for determining obstructions to air navigation. It applies to existing and proposed manmade objects, objects of natural growth and terrain. The standards apply to the use of navigable airspace by aircraft and …

738-070-0110 Standards for Determining Obstructions (1) An existing object, including a mobile object, is, and a future object would be, an obstruction to air navigation if it is of greater height than any of the following heights or surfaces: (a) A height of 500 feet above groun…

738-070-0120 Civilian Airport Imaginary Surfaces The following civil airport imaginary surfaces are established with relation to the airport and to each runway. The size of each such imaginary surface is based on the category of each runway according to the type of approach avail…

738-070-0130 Airport Imaginary Surfaces for Heliports (1) Heliport primary surface: The area of the primary surface coincides in size and shape with the designated take-off and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heli…

738-070-0140 Effect of Proposed Construction on Navigable Airspace Scope: (1) This rule applies to the conduct of aeronautical studies of the effect of proposed construction or alteration on the use of air navigation facilities or navigable airspace by aircraft. In the aeronautic…

738-070-0150 Initiation of Studies An aeronautical study is conducted by the Department: (1) Upon the request of the sponsor or representative of any construction or alteration, unless that construction or alteration would be located within an antenna farm area as discussed in OA…

738-070-0160 Aeronautical Studies (1) The Department may conduct an aeronautical study of the effect of the proposal upon the operation of air navigation facilities and the safe and efficient utilization of the navigable airspace. This study may include the physical and electroma…

738-070-0170 Administrative Appeal (1) The proponent of a construction or alteration or any person who stated a substantial aeronautical objection to it in an aeronautical study, or any person who has a substantial aeronautical objection to it but was not given an opportunity to …

738-070-0180 Effective Period of Determination of No Hazard (1) Unless it is otherwise extended, revised, or terminated, each final determination of no hazard made under OAR 738-070-0060, 738-070-0140 or 738-070-0170 expires 18 months after its effective date, regardless of wheth…

738-070-0190 Establishment of Antenna Farm Areas Scope: (1) This section establishes antenna farm areas in which antenna structures may be grouped to localize their effect on the use of navigable airspace. (2) It is the policy of the FAA and the Department to encourage the use of…

738-070-0200 General Provisions of Antenna Farm Area (1) An antenna farm area consists of a specified geographical location with established dimensions of area and height, where antenna towers with a common impact on aviation may be grouped. (2) Each proposal for an antenna farm …

738-070-0210 Marking and Lighting of Obstructions to Air Navigation (1) Certain objects and structures must be marked and/or lighted to make them more visible to pilots. ORS 836.530 states that the Director may adopt rules establishing standards for marking or lighting objects an…

738-070-0220 Standards for Marking and Lighting of Obstructions to Air Navigation Federal Aviation Administration Advisory Circular 70/7460-1F entitled, Obstruction Marking and Lighting, and dated September 27, 1978, shall be the standard for marking and lighting objects and stru…

738-070-0230 Objects and Structures to Be Marked and Lighted When the Director has determined that an object or structure is a hazard to air navigation, he shall also determine whether such hazard shall be marked and lighted and shall specify the appropriate marking and lighting …

738-070-0240 Determination of Responsibility for Installation and Maintenance of Marking and Lighting Objects and Structures that Constitute Hazards to Air Navigation (1) The proponent of an object or structure that is determined to constitute a hazard to air navigation normally …

738-070-0250 Penalties Failure to comply with the provisions of these rules or failure to comply with an order issued under these rules is subject to the penalties under ORS 837.100 and 837.990. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530…

738-070-0260 Rules of Practice for Hearings All reviews and appeals of the Department’s decisions under these rules will be in accordance with the Model Rules of Procedure applicable to contested cases under the Administrative Procedure Act as authorized by ORS Chapter 183. [ED. …

738-080-0010 Purpose and Statutory Authority To regulate the registration of aircraft and UAS in Oregon: (1) ORS 835.035 and ORS 835.112 pertaining to rulemaking authority. (2) ORS 835.035 and ORS 837.005 pertaining to the general public interest, safety, and the development and …

738-080-0015 Definitions (1) “Aircraft” means any contrivance used or designed for navigation of flight in the air. Examples include, but are not limited to, airplane or rotorcraft (helicopter, gyrocopter or autogyro). Aircraft specifically does not mean a one-person motorless gl…

738-080-0020 Federal Aircraft and UAS All Civil Air Patrol aircraft and UAS controlled by the Oregon Wing, and used primarily for search and rescue training exercises or missions, shall be registered in accordance with applicable state statutes with the exception that the annual …

738-080-0030 Temporary Exemption from Registration of Manned Aircraft (1) Aircraft not physically capable of operation or flight may be temporarily exempt from the requirement of annual registration by the Department. “Not physically capable of operation or flight” means an aircr…

738-080-0045 Public Body Registration of Unmanned Aircraft System (UAS) (1) Before flying any UAS, a public body, other than an educational institution shall register the UAS with the Department. (a) Prior to registration with the Department, the public body shall register each U…

738-080-0050 Public Body Reporting on Use of Unmanned Aircraft System (UAS) (1) A public body (other than an educational institution) which has registered UAS as described in OAR 738-080-0045(1) shall provide an annual written report to the Department which provides the informati…

738-090-0010 Purpose The purpose of this division is to carry out the requirements of ORS 836.610. This division: (1) Defines terminology used in the division; (2) Identifies publicly owned airports registered, licensed or otherwise recognized by the Oregon Department of Aviation…

738-090-0030 Airport Listings (1) The list of airports required by ORS 836.610(1) is as follows: (a) Publicly owned airports registered, licensed or otherwise recognized by the Department on or before December 31, 1994, that in 1994 were the base for three or more aircraft, are a…

738-090-0040 Procedure for Adding an Airport to Listings (1) The procedure for adding a publicly owned airport to OAR 738-090-0030(1)(a) is as follows: (a) The airport sponsor shall submit a written request to the Department, to add an airport to the list; (b) The request shall i…

738-090-0050 Information to be Considered in Determining Airport Listings The Board shall consider the information listed below in determining whether an airport meets the criteria in ORS 836.610(1)(b). The Department shall provide this information to the Board. (1) To determine …

738-090-0060 Removing an Airport from Listings Airports shall be removed from the listing of airports established in OAR 738-090-0030 only upon: (1) Request of the airport owner; or (2) Closure of the airport for a period of more than three years. Statutory/Other Authority: ORS 1…

738-100-0010 Purpose (1) Except as provided in section (2) of this rule, notice of a public hearing on a land-use permit or a zone change and notice of a decision on a land-use permit pursuant to ORS 215.223, 215.416 and 227.175 shall be provided to owners of public-use airports …

738-100-0020 Interagency Coordination (1) Oregon Department of Aviation shall: (a) Prepare and provide to the planning authority of each city and county a list of all public-use airports within that jurisdiction, along with the name and address of the owner of each airport. These…

738-100-0030 Notice (1) The notice to owners of affected public-use airports shall be in the same form as provided to any property owner affected by a land-use permit or zone change as described in ORS 215.223, 215.416 and 227.175. (2) The failure of an airport owner to receive n…

738-100-0035 Advisory Even though notice of hearing or decision may not be required under OAR 738-100-0020(2), the proponent of any construction may still be required to submit Federal Aviation Administration Form 7460-1 to the Northwest Mountain Region, Federal Aviation Administ…

738-124-0010 Purpose (1) ORS 319.023 requires the Department of Aviation to establish and administer a program to distribute a portion of aircraft fuel taxes submitted to the State of Oregon under ORS 319.020(2) and ORS 319.330(1) for qualifying airport related projects. The Depa…

738-124-0015 Definitions For the purposes of division 124 rules, the following terms have the following definitions, unless the context clearly indicates otherwise: (1) “Agreement” means a legally binding contract between the Department and Recipient that contains the terms and c…

738-124-0020 COAR Application Requirements (1) The Department shall publicly announce application deadlines for COAR funding. The Department shall not consider applications submitted after the deadline set by the Department. (2) Applicants interested in receiving funds under COAR…

738-124-0030 COAR Application Eligibility (1) The Department will submit an application to ARC for review pursuant to OAR 738-124-0020 only if, after Department review, the Department determines the application satisfies the eligibility criteria in this rule. (2) An application f…

738-124-0035 Board Review and Project Selection (1) The Board will make the final determination to approve an application for a COAR grant. (2) The Board’s review and final decision will be made based upon the following: (a) Priorities established by the Board pursuant to this ru…

738-124-0040 Maximum COAR Grant Award and Recipient Financial Matching Requirements (1) The aggregate maximum grant award that a Recipient may receive under the COAR program is $150,000 per project, regardless of the number of applications filed for the project. (2) COAR Financia…

738-124-0050 Department Review of COAR Applications (1) The Department shall review applications for completeness and to confirm that Applicants and projects are eligible to receive funds. As part of its review, the Department may ask an Applicant to supply missing information or…

738-124-0060 ARC Review and Recommendation of COAR Applications (1) The Department shall provide all eligible applications from eligible Applicants, including supporting materials, to the ARC. (2) The ARC shall hold public meetings as necessary to review eligible applications and…

738-124-0080 COAR Program Administration (1) The Department shall administer all COAR grants. (2) The Department and Recipient shall execute a written Agreement in a form acceptable to the Department prior to the disbursal of funds for an application approved by the Board. (3) Th…

738-124-0090 SOAR Program (1) SOAR Project List. The Department shall prepare, as approved by the Director, a list of proposed projects that serve at least one of the purposes described in OAR 738-124-0010 (“SOAR project list”). The Department shall provide the Board the SOAR pro…

738-125-0010 Purpose The purpose of this rule is to establish fair, reasonable and nondiscriminatory processes and criteria to govern the Department’s Financial Aid to Municipalities (FAM) Grant Program. The FAM Grant Program fosters a statewide system of airports through discret…

738-125-0015 General Provisions The FAM Grant Program is a discretionary grant program of the Department. Program funding depends upon: (1) The dedicated FAM Grant Program line item amount(s) in the Department’s biennial budget, as approved by the Oregon Legislature; and (2) Depa…

738-125-0020 Applicant Eligibility (1) Public Use Airport Owners and Airport Sponsors, both private and public, including Oregon municipalities, as defined by ORS 836.005, may apply for FAM Grant Program assistance. In these rules a municipality is called “applicant” or “airport …

738-125-0025 FAM Grant Application Criteria (1) To be eligible for FAM grant funds, the applicant’s project must meet at least one of the following criteria: (a) Prevent future deficiencies and preserve existing facilities; (b) Eliminate existing deficiencies as described in the …

738-125-0030 Matching Requirements (1) All applicants must show the ability to provide a dollar match if awarded a FAM grant. This match can be either in cash or in-kind services. (2) FAM grants may be made to the applicant for a maximum of $150,000 per application. (3) FAM grant…

738-125-0035 Project Eligibility, Prioritization, and Legislative Reporting (1) Department will review all grant applications received by the grant deadline date established by Department to ensure that both the municipality and the proposed project meet all program requirements.…

738-125-0040 Application Process (1) The Department shall provide potential applicants with an application package for the FAM Grant Program, to include: (a) A copy of OAR 738-125 “Financial Aid to Municipalities (FAM) Grant Program.” (b) An application form requiring full disclo…