4 chapters · 134 sections in this title.
ORS 835.005 Definitions
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As used in this chapter and ORS chapters 836 and 837, unless the context requires otherwise: (1) Board means the State Aviation Board. (2) Department means the Oregon Department of Aviation. (3) Director means the Director of the Oregon Department of Aviation. [Formerly 491…
ORS 835.015 Development of aviation
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The State Aviation Board with the advice of the Oregon Department of Aviation shall incorporate as part of its program a definite plan for the development of airports, state airways, airplane industries and aviation generally. It shall through the department cooperate with and as…
ORS 835.017 Provision of central business operating services by Department of Transportation; rules
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(1) At the Director of the Oregon Department of Aviations request, the Department of Transportation shall provide any of the following central business operating services for the Oregon Department of Aviation: (a) Budget preparation services; (b) Daily processing for accounts pa…
ORS 835.020 Contracts
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Subject to ORS 835.017, the Director of the Oregon Department of Aviation may enter into any contracts authorized by the State Aviation Board and necessary to the execution of the powers granted by this chapter. All contracts made by the director, either as the agent of the state…
ORS 835.025 Use and administration of federal and other moneys
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The Director of the Oregon Department of Aviation as authorized by the State Aviation Board may accept, receive, receipt for, disburse and expend federal moneys and other moneys, public or private, made available to accomplish in whole or in part the acquisition, construction, im…
ORS 835.030 Employment of personnel
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So far as is possible, all employees of the Oregon Department of Aviation shall be situated in the same building. [Formerly 491.090; 1993 c.741 §90a; 1999 c.935 §33]
ORS 835.035 General board powers; rules; United States facilities exempt from board orders
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(1) Subject to ORS 835.017, the State Aviation Board may perform such acts, adopt or amend and issue such orders, rules and regulations, and make, promulgate and amend such minimum standards, all consistent with the provisions of this chapter, as it considers necessary to carry o…
ORS 835.040 Limitations on rules and regulations
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All rules and regulations prescribed by the State Aviation Board under authority of the aviation laws of this state shall be kept in conformity with, and limited to, as nearly as may be, the then current federal legislation governing aviation, the regulations duly promulgated the…
ORS 835.060 State Aviation Account; appropriation; use
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(1) All fees and other moneys received by the Oregon Department of Aviation under ORS chapter 835, 836 or 837, except moneys received under the provisions of ORS 835.025 and 836.070, shall be paid into the State Treasury monthly. The State Treasurer shall credit such payments to …
ORS 835.065 Audit and payment of expenses
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All expenses of the Oregon Department of Aviation incurred in carrying out the provisions of this chapter are open to inspection and audit by the Secretary of State and must be paid from the State Aviation Account in the same manner as other claims against the state are paid, aft…
ORS 835.070 Accounts
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The Director of the Oregon Department of Aviation shall keep a true and accurate account of all sums received and of vouchers issued by the Oregon Department of Aviation. [Formerly 491.170]
ORS 835.100 Oregon Department of Aviation; director
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(1) The Oregon Department of Aviation is established. (2) The department is under the supervision and control of a director, who is responsible for the performance of the duties, functions and powers of the department, subject to ORS 835.017. (3) For purposes of administration, s…
ORS 835.102 State Aviation Board; members
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(1) There is established the State Aviation Board consisting of seven members appointed by the Governor, subject to confirmation by the Senate pursuant to ORS 171.562 and 171.565. The Governor shall appoint members of the board in compliance with all of the following: (a) Members…
ORS 835.104 Board officers; quorum; meetings
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(1) The Governor shall appoint one member of the State Aviation Board as chairperson and another member as vice chairperson. The chairperson and vice chairperson shall have such terms, duties and powers as the board determines are necessary for the performance of such offices. (2…
ORS 835.106 Director of Oregon Department of Aviation; appointment; duties and powers
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(1) The Governor shall appoint the Director of the Oregon Department of Aviation, subject to confirmation by the Senate pursuant to ORS 171.562 and 171.565, who holds office at the pleasure of the Governor. (2) Subject to ORS 835.017 and the policy direction by the State Aviation…
ORS 835.108 Directors salary; expense reimbursement
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The Director of the Oregon Department of Aviation shall receive such salary as may be provided by law or as fixed by the State Aviation Board. In addition to salaries, the director, or any deputy directors or assistant directors, subject to the limitations otherwise provided by l…
ORS 835.110 Oaths, depositions and subpoenas
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The Director of the Oregon Department of Aviation and specially authorized representatives of the director may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of documents or other written information necessary to ca…
ORS 835.112 Rules
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In accordance with applicable provisions of ORS chapter 183, the Director of the Oregon Department of Aviation may adopt rules necessary for the administration of the laws that the department is charged with administering. [1999 c.935 §5]
ORS 835.114 Exception to rulemaking authority
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Except as required under ORS 197.180, the Oregon Department of Aviation may not adopt any rules intended primarily to implement ORS chapter 197, 197A, 215 or 227. The department shall comply with the land use planning goals and guidelines adopted under ORS 197.225 and rules adopt…
ORS 835.200 Rules for operation and safety
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(1) The State Aviation Board, pursuant to ORS 835.035 and utilizing the definitions contained in ORS 830.005: (a) Shall adopt rules governing seaplane safety and operations on state waters, as defined in ORS 830.005, that shall be applicable to all seaplanes except when inconsist…
ORS 835.205 Seaplane regulation
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For purposes of ORS 830.175, 830.180, 830.185, 830.187 and 830.195, the Oregon Department of Aviation, in cooperation with the State Marine Board, shall regulate boats that are seaplanes as provided in ORS 830.605 and 835.200. [Formerly 835.045; 2003 c.14 §505; 2013 c.186 §6]
ORS 835.210 Application by political subdivision for special regulation
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(1) The governing body of a political subdivision of this state may apply to the State Aviation Board for special regulations relating to the operations of seaplanes on waters within the territorial limits of the political subdivision. These regulations may include, but need not …
ORS 836.005 Definitions
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When used in the laws of this state relating to aviation, unless the context otherwise provides: (1) Air navigation facility means any facility other than one owned or operated by the United States used in, available for use in, or designed for use in, aid of air navigation, in…
ORS 836.010 Availability of services of department
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The Director of the Oregon Department of Aviation may, insofar as is reasonably possible, make available the Oregon Department of Aviations engineering and other technical services with or without charge, to any person requesting such services in connection with the planning, ac…
ORS 836.015 Financial assistance by director
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The Director of the Oregon Department of Aviation as authorized by the State Aviation Board may render financial assistance by grant or loan, or both, to any municipality or municipalities acting jointly in the planning, acquisition, construction, improvement, maintenance or oper…
ORS 836.020 Department as municipal agent
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The Oregon Department of Aviation shall, upon request, act as agent of any municipality or municipalities acting jointly, in accepting, receiving, receipting for and disbursing federal moneys and other moneys, public or private, made available to finance in whole, or in part, the…
ORS 836.025 Establishment of airports and air navigation facilities by department
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(1) The Oregon Department of Aviation may, on behalf of and in the name of the state, out of moneys made available for such purposes, plan, establish, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports and air navigation facilities, eithe…
ORS 836.030 Disposal of property
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The Oregon Department of Aviation as authorized by the State Aviation Board may by sale, lease, or otherwise, dispose of any property mentioned in ORS 836.025, any airport, air navigation facility, or portion thereof or interest therein. The disposal by sale, lease or otherwise s…
ORS 836.035 Effect of statute on airport zoning
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ORS 836.005 to 836.120, 836.200, 836.205, 836.215, 836.220 and 836.240 do not limit any right, power or authority of the state or a municipality to regulate airport hazards by zoning. [Formerly 492.070]
ORS 836.040 Joint exercise of power
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The Oregon Department of Aviation may exercise any powers granted by ORS 836.025 to 836.050 jointly with any municipalities or agencies of the state government, with other states or their municipalities, or with the United States. [Formerly 492.080]
ORS 836.045 Condemnation by department
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In the condemnation of property authorized by ORS 836.025, the Oregon Department of Aviation as authorized by the State Aviation Board shall proceed in the name of the state in the manner provided by ORS chapter 35. For the purpose of making surveys and examinations relative to a…
ORS 836.050 Condemnation of railroad or public utility property
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(1) No operating property of any public utility, as defined in ORS 757.005, or any telecommunications carrier as defined in ORS 133.721, shall be condemned pursuant to ORS 836.025 and 836.045 unless the Public Utility Commission, after notice and hearing in accordance with the ru…
ORS 836.055 Commercial concessions at state airports and air navigation facilities
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(1) In operating an airport or air navigation facility owned or controlled by the state, the Oregon Department of Aviation, as authorized by the State Aviation Board, may enter into contracts, leases and other arrangements, for a term not exceeding 30 years for noncommercial arra…
ORS 836.060 Operation of state airports by private persons
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(1) The Oregon Department of Aviation as authorized by the State Aviation Board may by contract, lease or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed 30 years the privilege of operating, as agent of the state or othe…
ORS 836.065 Liens of state for repairs, improvements or services to personal property
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To enforce the payment of any charges for repairs to, or improvements, or storage or care of any personal property made or furnished by the Oregon Department of Aviation or its agents in connection with the operation of an airport or air navigation facility owned or operated by t…
ORS 836.070 Use of federal and other moneys
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The Oregon Department of Aviation as authorized by the State Aviation Board may accept, receive, receipt for, disburse and expend federal moneys, and other moneys, public or private, made available to accomplish, in whole or in part, any of the purposes of this chapter and ORS ch…
ORS 836.072 Use of moneys from increase in taxes; rules
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(1) Moneys from the increases in taxes by the amendments to ORS 319.020 by sections 1 and 3, chapter 1037, Oregon Laws 1999, shall be used by the Oregon Department of Aviation to establish and fund a program to maintain and preserve the pavements used for runways, taxiways and ai…
ORS 836.075 State airway system
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The Oregon Department of Aviation as authorized by the State Aviation Board may designate, design and establish, expand or modify a state airway system which will serve the interest of the state. It may chart such airways system and arrange for publication and distribution of suc…
ORS 836.080 Exemptions from ORS 836.085 to 836.120
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(1) The provisions of ORS 836.085 to 836.120 do not apply to airports owned or operated by the United States. (2) The Oregon Department of Aviation as authorized by the State Aviation Board may, from time to time, to the extent necessary, exempt any class of airports, pursuant to…
ORS 836.085 Approval of airport sites; fee
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Except as provided in ORS 836.080, the Oregon Department of Aviation as authorized by the State Aviation Board shall provide for the approval of proposed airport sites and the issuance of certificates of such approval. The following apply to this section: (1) A nonrefundable fee …
ORS 836.090 Application for site approval; rules
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Subject to the rules of procedure adopted by the State Aviation Board providing for such approvals, any municipality or person desiring or planning to construct or establish an airport must, prior to the construction or establishment of the proposed airport, submit to the Oregon …
ORS 836.095 Approval criteria and conditions
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(1) The Oregon Department of Aviation shall with reasonable dispatch grant approval of a proposed airport site if it is satisfied that the site is adequate for the proposed airport, that such proposed airport, if constructed or established, will conform to minimum standards of sa…
ORS 836.100 Revocation of approval
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The Oregon Department of Aviation may, after notice and opportunity for hearing to holders of certificates of airport site approval under ORS 836.095, revoke such approval when it reasonably determines: (1) That there has been an abandonment of the site as an airport site; (2) Th…
ORS 836.105 Licensing of airports; fees; rules
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Except as provided in ORS 836.080, the Oregon Department of Aviation is authorized to provide for the licensing of airports and the annual renewal of such licenses. The following apply to this section: (1) The department may charge license fees for each original license and for e…
ORS 836.110 Revocation of license; refusal of renewal
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The Oregon Department of Aviation may, after notice and opportunity for hearing to the licensee, revoke any airport license or renewal thereof, or refuse to issue a renewal, when it shall reasonably determine: (1) That there has been an abandonment of the airport as such; (2) Tha…
ORS 836.115 Public hearing regarding site or license; transcripts
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In connection with the grant of approval of a proposed airport site or the issuance of an airport license under ORS 836.085 to 836.110, the Oregon Department of Aviation may, on its own motion or upon the request of an affected or interested person, hold a hearing open to the pub…
ORS 836.120 Unlicensed airport operation prohibited
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Except as provided in ORS 836.080, no person, municipality or officer or employee thereof, shall operate an airport without an appropriate license for such, as is duly required by rule or regulation issued pursuant to ORS 836.105. [Formerly 492.240] MUNICIPAL AIRPORTS
ORS 836.200 Authority to establish airports
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All municipalities of this state, separately or jointly or in cooperation with the federal government or state, may acquire, establish, construct, expand or lease, control, equip, improve, maintain, operate, police and regulate airports for the use of aircraft, either within this…
ORS 836.205 Acquisition of lands declared to be for public purpose
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All lands heretofore or hereafter acquired, owned, leased, controlled or occupied by municipalities, for the purposes specified in ORS 836.200 are declared to be acquired, owned, leased, controlled or occupied for public and governmental and municipal purposes. [Formerly 492.320]
ORS 836.210 Delegation of authority to develop and maintain airports; regulations for charges, fees and tolls
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Municipalities of this state which establish airports, or which acquire, lease or set apart real property for such purposes, may: (1) Delegate the authority for the planning, construction, equipment, improvement, maintenance and operation thereof in any offices, board or body of …