Chapter 836 — Chapter 836

ORS 836.380 [Formerly 492.680; repealed by 1997 c.859 §14]

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ORS 836.385 [Formerly 492.690; repealed by 1997 c.859 §14]

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ORS 836.390 [Formerly 492.700; repealed by 1997 c.859 §14]

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ORS 836.395 [Formerly 492.710; repealed by 1997 c.859 §14]

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ORS 836.400 [Formerly 492.510; repealed by 1997 c.859 §14]

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ORS 836.410 Permanent closure of public use airport; rules. At least 180 days before permanent closure of a public use airport, as defined by the Oregon Department of Aviation by rule, a person responsible for the operation of the airport shall notify the department of the planned closure. [2007 c.317 §1]

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ORS 836.500 Marks and lights on structures or obstructions; acquisition of right or easement. Every municipality which develops or operates an airport 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, to enhance the safety of aircraft utilizing such airport. Such rights or easements may be acquired by grant, purchase, lease or condemnation in the same manner as is provided in ORS chapter 35. [Formerly 492.760]

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ORS 836.505 Designation of landing places on public lands; rules governing user. (1) Landing places for aircraft may from time to time be designated, set apart and marked by the Oregon Department of Aviation or other public officials who are in charge of any land owned or controlled by the state or by any municipality, or park commission

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ORS 836.510 Use of certain ocean beaches as landing fields. Except as permitted under ORS 836.520, no person shall use for a landing field for aircraft any part of the Oregon shore of the Pacific Ocean between high and low tide, commonly known as the “beach,” and which by law has been made a state recreation area, except for an emergency. [Formerly 492.780]

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ORS 836.515 Petition to set aside shore as landing field. Any person, municipality or municipal corporation desiring to use for a landing field for aircraft any part of the Oregon shore of the Pacific Ocean described in ORS 836.510 shall petition the State Aviation Board to set aside and designate a particular area of the shore for a landing field for aircraft. The petition shall clearly describe the area sought for such purpose and shall contain information giving the type and number of aircraft which will use such field, the extent to which and the purpose for which such field shall be so used, together with such other information as the board may require. Before the petition is filed with the board it shall be approved in writing by the Oregon Department of Aviation. [Formerly 492.790]

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ORS 836.520 Action on petition; order setting aside area for landing field; user permits; revocation of order or permit. The State Aviation Board shall give due consideration to each petition submitted under ORS 836.515, and may in its discretion order a public hearing in the vicinity in which it is proposed to establish the landing field, at which hearing all persons interested may appear and be heard. If after due consideration the board is of the opinion that the best interests of the general public will be served by granting the petition, an order may be made which shall be entered in the minutes of the board. The order shall provide that the described area shall be set aside as a landing field for aircraft and the order may authorize the issuance of a permit to the applicant to use the field for said purpose. The permit shall contain such conditions and safeguards with respect to policing and other matters incident to the public welfare as the board deems proper for the safety of the general public. The board may, for a violation of any of the terms or conditions of the permit, recall and cancel the same. The board may in its discretion vacate the order setting aside the area for a landing field whenever in the judgment of the board the interests of the general public warrant such action. [Formerly 492.800]

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ORS 836.525 Enforcement of ORS 836.510 and 836.520. The law enforcing agencies authorized to enforce the laws of the state with respect to the rules of the road and the regulation of motor vehicles using the public highways of the state are likewise authorized to enforce ORS 836.510 and 836.520. [Formerly 492.810]

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ORS 836.530 Rules and standards; orders; appeals; fees. (1) In addition to any other rulemaking authority, the Director of the Oregon Department of Aviation may adopt rules

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ORS 836.535 Hazards to air navigation prohibited; exceptions. (1) A person may not construct an object or structure that constitutes a physical hazard to air navigation, as determined by the Oregon Department of Aviation in coordination with the governing body with land use jurisdiction over the property

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ORS 836.600 Policy. In recognition of the importance of the network of airports to the economy of the state and the safety and recreation of its citizens, the policy of the State of Oregon is to encourage and support the continued operation and vitality of Oregon’s airports. Such encouragement and support extends to all commercial and recreational uses and activities described in ORS 836.616 (2). [1995 c.285 §2]

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ORS 836.605 Definitions for ORS 836.600 to 836.630. As used in ORS 836.600 to 836.630

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ORS 836.608 Airport operation as matter of state concern; local planning documents to recognize airport location; limitations on use; expansion of facility. (1) The continued operation and vitality of airports registered, licensed or otherwise recognized by the Department of Transportation on December 31, 1994, is a matter of state concern

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ORS 836.610 Local government land use plans and regulations to accommodate airport zones and uses; funding; rules. (1) Local governments shall amend their comprehensive plan and land use regulations consistent with the rules for airports adopted by the Land Conservation and Development Commission under ORS 836.616 and 836.619. Airports subject to the rules shall include

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ORS 836.612 Approval or expansion of land use activities subject to prior court decisions. Nothing in ORS 836.608 or 836.616 is intended to allow the approval or expansion of a land use activity inside the boundaries of an airport if the activity has been limited or prohibited by the decision of a court of competent jurisdiction rendered prior to August 13, 1997. [1997 c.859 §6]

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ORS 836.615 [1995 c.285 §5; repealed by 1997 c.859 §4 (836.616 enacted in lieu of 836.615)]

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ORS 836.616 Rules for airport uses and activities. (1) Following consultation with the Oregon Department of Aviation, the Land Conservation and Development Commission shall adopt rules for uses and activities allowed within the boundaries of airports identified in ORS 836.610 (1) and airports described in ORS 836.608 (2)

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ORS 836.619 State compatibility and safety standards for land uses near airports; rules. Following consultation with the Oregon Department of Aviation, the Land Conservation and Development Commission shall adopt rules establishing compatibility and safety standards for uses of land near airports identified in ORS 836.610 (1). [1997 c.859 §8 (enacted in lieu of 836.620)]

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ORS 836.620 [1995 c.285 §6; repealed by 1997 c.859 §7 (836.619 enacted in lieu of 836.620)]

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ORS 836.623 Local compatibility and safety requirements more stringent than state requirements; criteria; water impoundments; report to federal agency; application to certain activities. (1) A local government may adopt land use compatibility and safety requirements that are more stringent than the minimum required by Land Conservation and Development Commission rules for issues other than water impoundments where such regulations are within its authority. Local government action regarding new water impoundments shall comply with subsection (2) of this section. If a local government receives information in a hearing on a land use application alleging that public safety requires a higher level of protection than the minimum established in commission rules and if the information is supported by evidence, the governing body shall consider the information and adopt findings explaining the bases for any decision regarding the need for more stringent requirements. Land use requirements regarding safety and compatibility shall consider the effects of mitigation measures or conditions that could reduce safety risks and incompatibility

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ORS 836.625 Application to airport uses of land use limitations in farm use zones; effect on tax assessment. (1) The limitations on uses made of land in exclusive farm use zones described in ORS 215.213 and 215.283 do not apply to the provisions of ORS 836.600 to 836.630 regarding airport uses

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ORS 836.630 Siting of new airports to comply with land use laws; limitation on rules. (1) Nothing in ORS 836.600 to 836.625 shall be interpreted to allow the siting of a new airport except as provided in ORS chapters 197, 197A and 215 and in conformance with all applicable land use regulations and ordinances

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ORS 836.635 [1995 c.285 §9; repealed by 1997 c.859 §14]

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ORS 836.636 Vertiports. (1) As used in this section

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ORS 836.640 Definitions for ORS 836.640 and 836.642. As used in this section and ORS 836.642

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ORS 836.642 Program for through the fence operations; rules. (1) The Oregon Department of Aviation shall establish a pilot program at up to six rural airports to encourage development of through the fence operations designed to promote economic development by creating family wage jobs, by increasing local tax bases and by increasing financial support for rural airports. To the extent practicable, the airport sponsor of a pilot site shall use public-private partnerships that incorporate

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ORS 836.990 Civil penalties. (1) In addition to any other penalty provided by law, the Director of the Oregon Department of Aviation may impose a civil penalty not to exceed $2,500 for each violation of ORS 836.505 or any rule adopted or order issued under ORS 836.505

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