Whenever used in this chapter, unless the context or
subject matter requires otherwise, the following words or terms have the
meaning herein ascribed to them, respectively: Words or terms defined in
§ 5.1-1 of the Code of Virginia are incorporated by reference. The following
words and terms when used in this regulation shall have the following meanings
unless the context clearly indicates otherwise:
"Aircraft" means any contrivance now known or hereafter
, which that is controlled, used, and usually occupied by
a person for the purpose of navigation and transportation through the air,
excepting "hang glider" as defined in § 5.1-1 of the Code of
Virginia. Commonly recognized names for aircraft include, but are not
limited to, planes, helicopters, seaplanes, ultralights, and hot air balloons.
"Airline" means an air carrier operation under
Federal Aviation Regulations
found in 14 CFR Part 119, 14 CFR Part
121, 14 CFR Part 129, or 14 CFR Part 135 providing
scheduled passenger service. "Airman" means any individual, including the
person in command, and any pilot, mechanic, or member of the crew, who engages
in the navigation of aircraft while under way within Virginia airspace; any
individual who is directly in charge of the inspection, maintenance,
overhauling or repair of aircraft, aircraft engines, propellers or accessories;
and any individual who serves in the capacity of aircraft dispatcher. "Airport" means any area of land or water which
is used or intended for use for the landing and takeoff of aircraft, and any
appurtenant areas which are used, or intended for use, for airport buildings or
other airport facilities including rights-of-way, easements and all airport
buildings and facilities located thereon. "Airspace" means all that space above the land
and waters within the boundary of this state.
"Airport sponsor" means an entity that is legally, financially, and otherwise able to assume and carry out the certifications, representations, warranties, assurances, covenants, and other obligations required for an airport.
"Antique aircraft" means any aircraft constructed by the original manufacturer, or his licensee, on or before December 31, 1945.
"Approach surface" means a surface longitudinally
centered on the extended runway centerline and extending outward and upward.
non-Federal Aid Airports, the surface extends at a slope of 15:1 from each end
of the primary surface. An approach surface is applied to each end of each
runway based upon the type of approach available or planned for that runway
end. The inner edge of the approach surface is the same width as the
primary surface and it expands uniformly to a width of: 1. 1,200 feet at a distance of 5,000 feet for that end of a
runway with only visual approaches. 2. 2,000 feet at a distance of 5,000 feet for that end of a
runway having or proposing to have a nonprecision instrument approach
procedure. See also 14 CFR 77.25, 77.28, and 77.29 for design
standards as they apply to federal aid airports.
"Aviation" means activities and infrastructure
related to transportation by air
;, including but not limited to
(i) the operation, construction, repair, or maintenance of aircraft,
aircraft power plants, and accessories ,; (ii) the design,
establishment, design, construction, extension, operation, improvement,
repair, or maintenance of airports or landing areas , including but
not limited to; and (iii) navigable airspace, or other air
navigation facilities, and air instruction. "Board" means the Virginia Aviation Board. "Civil aircraft" means any aircraft other than a
"Commercial operator" means a person, except an
airline, who operates any aircraft for the purpose of rental or charter or for
other purpose purposes from which revenue is derived. "Conical surface" for a nonfederal aid airport
means a surface extending outward and upward from the periphery of the
horizontal surface at a slope of 15:1 for a horizontal distance of 4,000 feet.
See also 14 CFR 77.25, 77.28 and 77.29 for standards as they apply to federal
"Contract carrier permit" means a permit issued by the department to contract carriers operating under Federal Aviation Regulations 14 CFR Part 61, 14 CFR Part 135, or 14 CFR Part 141 for transport of passengers or freight on demand by air. Owners of aircraft who contract to provide flight instruction in their aircraft for profit are required to have a contract carrier permit.
"Day/VFR Use Only License" means a conditional airport license issued with the restriction that operations at the airport can only occur between sunrise and sunset and only under Visual Flight Rules (VFR) for the purpose of allowing continuing operations at an airport that is not in compliance with the minimum requirement for approach surfaces.
"Department" means the Department of Aviation.
"Effective runway length" means the distance from the point at which the obstruction clearance plane associated with the approach end of the runway intersects the centerline of the runway and the far end thereof.
"Hazards" for airports "Hazard"
means any a fixed or mobile structure , or object,
or natural growth, or use of land which that
obstructs the airspace required for the flight of aircraft in landing or taking
off at an airport or is otherwise hazardous to such the landing
or taking off of aircraft.
"Helipad" means a
rectangular or square specially
prepared surface that may be turf or paved, which is designated specifically
for the purpose of landing and takeoff of helicopter aircraft small
designated area, usually with a prepared surface, on an airport, heliport,
landing/takeoff area, apron/ramp, or movement area used for the takeoff,
landing, or parking of helicopters.
any (i) an
identifiable area on land, water, or structure, including any a
building or facilities thereon, used or intended to be used for the landing and
takeoff of helicopters , or other rotorcraft , or (ii)
appurtenant areas which that are used, or intended for use, for
heliport buildings or other heliport facilities including rights-of-way,
easements, and all heliport buildings and facilities located thereon. "Heliport approach surface" means a surface
beginning at each end of the heliport primary surface with the same width as
the primary surface, and extending outward and upward. Reference 14 CFR 77.25,
77.28, and 77.29 for design standards. "Heliport primary surface" means the area of the
primary surface coinciding in size and shape with the designated takeoff and
landing area of a heliport. This surface is a horizontal plane at the elevation
of the established heliport elevation. "Heliport transitional surface" means a surface
extending outward and upward from the lateral boundaries of the heliport
primary surface and from the approach surfaces. Reference 14 CFR 77.25, 77.28,
and 77.29 for design standards. "Horizontal surface" means a horizontal plane 150
feet above the established airport elevation. Reference 14 CFR 77.25, 77.28,
and 77.29 for design standards. "Imaginary surfaces" are those surfaces as
defined herein for nonfederal aid airports and in 14 CFR 77.25. Reference 14
CFR 77.25, 77.28, and 77.29 for the definitions and design standards. "Intrastate air transportation" means air
transportation between two or more airports within Virginia, or air
transportation to and from the same airport in Virginia without an intermediate
stop outside Virginia. "Landing area" means any local specific site,
whether over land or water, including airports and intermediate landing fields,
which is used or intended to be used for the landing and takeoff of aircraft,
whether or not facilities are provided for the sheltering, servicing or repair
of aircraft, or for receiving or discharging passengers or cargo.
"Noncommercial dealer" means a person who owns and
offers for sale a minimum of three aircraft during any consecutive 12-month
period, which aircraft are not used for personal use, rental, charter,
any a purpose from which revenue is derived.
any a fixed or mobile
object that is located on an area intended for the surface movement of
aircraft, or that extends above a defined imaginary surface intended to protect
aircraft in flight, that interferes with the situating or operation of
navigational aids , or that may control the establishment of instrument
procedures. An obstacle could be located on an area intended for the ground
movement of aircraft or would extend above the approach surfaces intended to
protect aircraft in flight or the runway object free area.
any an object,
obstacle, or structure , man-made or otherwise, which that
penetrates any of the imaginary surfaces approach surfaces or
runway object free area at an aircraft landing area. The obstruction may
be man-made or of natural growth, including trees.
"Obstruction clearance plane" means a plane sloping
upward from the runway at a slope
of 15:1 to the horizontal and tangent to
or clearing meeting the appropriate requirements to clear all
obstructions within a specified area surrounding the runway as shown in
a profile view of that area. For federal aid airports the slope of the plane
is 20:1. "Person" means any individual, corporation,
government, political subdivision of the Commonwealth, or governmental
subdivision or agency, business trust, estate, trust, partnership, two or more
of any of the foregoing having a joint or common interest, or any other legal
or commercial entity. "Primary surface" means a surface longitudinally
centered on a runway. When the runway has a specially prepared hard surface,
the primary surface extends 100 feet beyond each end of that runway; but when
the runway has no specially prepared hard surface, or planned hard surface, the
primary surface ends at each end of that runway. The elevation of any point on
the primary surface is the same as the elevation of the nearest point on the
runway centerline. The minimum width of a primary surface is 200 feet. See also
14 CFR 77.25, 77.28, and 77.29 for standards as they apply to federal aid airports.
"Public aircraft" means an aircraft used
exclusively for the service of any state or political subdivision thereof, or
the federal government.
"Private-use Landing Area License" means a license issued for a facility not open for public use, including airports, heliports, helipads, and seaplane bases, that is within five nautical miles of a licensed public-use airport, in accordance with § 5.1-7 of the Code of Virginia.
"Runway" means a rectangular surface area that may
be turf, paved, or water course
, which that is designed
specifically for the purpose of approaching and landing and taking-off and
departing of aircraft.
"Runway object free area" means an imaginary area centered on the runway centerline that is clear of aboveground objects protruding above the runway centerline, except for allowable objects necessary for air navigation or aircraft ground maneuvering purposes.
"Runway safety area" means a rectangular area
symmetrical about the runway centerline, which includes the runway, runway
shoulders, and stopways safety overruns, if present. The portion
abutting the edge of the runway shoulders, runway ends, and stopways
safety overruns is cleared, drained, graded, and usually turfed. Under
normal conditions, the runway safety area is capable of supporting snow
removal, firefighting, and rescue equipment and of accommodating the
occasional passage of aircraft without causing major damage to the aircraft. "Stopway" or "overrun" "Safety
overrun'' or "stopway" means any an area beyond the
takeoff runway, no less wide than the runway and centered upon the extended
centerline of the runway, able to support the airplane an aircraft
during an aborted takeoff without causing structural damage to the airplane
aircraft , and designated by the airport authorities for use in
decelerating the airplane aircraft during an aborted takeoff.
"Seaplane base" means an area of water used or intended to be used for the landing and takeoff of aircraft, together with appurtenant shoreside buildings and facilities.
any (i) a man-made
object, including a mobile object, constructed or erected by man, including but
not limited to buildings, towers, cranes, smokestacks, earth formations,
overhead transmission lines, flag poles, and ship masts or (ii) natural objects,
including but not limited to trees.
"Threshold" means the beginning of that portion of the runway identified for the landing of aircraft. A threshold may be displaced, or moved down the runway, to provide for adequate safety provisions.
"Transitional surface" for nonfederal aid
airports means a surface extending outward and upward at right angles to the
runway centerline and the runway centerline extended at a slope of 5 to 1 from
the sides of the primary surface and from the sides of the approach surfaces
until they intersect the horizontal surface. See also 14 CFR 77.25, 77.28, and
77.29 for standards as they apply to federal aid airports.
any an aircraft
that (i) is used or intended to be used for manned operation in the air by a
single occupant, (ii) is used or intended to be used for recreation and sport
purposes only, and (iii) does not have any U.S. a United
States or foreign air worthiness certificate, and (iv) weighs less
than 254 pounds empty weight, excluding floats and safety devices which that
are intended for deployment in a potentially catastrophic situation; and
(v) that has a fuel capacity not exceeding 5 U.S. five United
States gallons; and (vi) is not capable of more than 55 knots calibrated
airspeed at full power in level flight and has a power-off stall speed which
that does not exceed 24 knots calibrated airspeed.
Airports and Landing Areas
A. Airports and landing areas, except private landing
defined set forth in § 5.1-7.2 of the Code of Virginia, shall
be licensed by the department pursuant to § 5.1-7 of the Code of Virginia and
24VAC5-20-140. Such airports and landing areas or persons operating any
airport or landing area proposing to add or extend the runways of such airport
or landing area shall apply for an amended license pursuant to § 5.1-7 of the
Code of Virginia. An initial license or renewal thereof will be issued
following review and determination of the department for compliance with §
5.1-7 of the Code of Virginia and 24VAC5-20-140. Private landing areas as
defined in § 5.1-7.2 of the Code of Virginia shall only be registered as
provided for in 24VAC5-20-170. An application for a license shall be
executed by the applicant or a duly authorized agent, under oath, on forms
prescribed by the department, and shall be filed with the department.
B. Airports and landing areas
are issued licenses pursuant to § 5.1-7 of the Code of Virginia shall be open
to the general public on a nondiscriminatory basis. An application for such
a license shall be signed by the airport sponsor, under oath, on a
form prescribed by the department and submitted to the department by the
applicant or his duly authorized agent under oath on forms prescribed by the
department accompanied by the required supporting documents as specified
on the form. Such An initial license, or renewal thereof, will be
issued following department review and determination of compliance with § 5.1-7
of the Code of Virginia and 24VAC5-20-140. A license shall remain in effect
for the period specified until modified, suspended, amended or
revoked by the department.
C. Airport sponsors proposing to add or extend runways of an airport or landing area shall apply for a modified license pursuant to § 5.1-7 of the Code of Virginia.
D. If an airport or landing area should continually cease to be open to the public for one year and the airport sponsor wants to reopen the facility to the public, the airport sponsor must reapply for a license in accordance with § 5.1-7 of the Code of Virginia and 24VAC5-20-120 and must be in compliance with 24VAC5-20-140.
E. Licenses must be renewed every seven years or at
the discretion of the department based on demonstrated need.
October 1995, the department will stagger license renewals by regions of the
Commonwealth according to Virginia Aviation Board areas of responsibility as
follows: Southwest region - September 30, 1996; West Central region - September
30, 1997; Blue Ridge region - September 30, 1998; Northern Virginia region -
September 30, 1999; Central region - September 30, 2000; Richmond/Northern Neck
region - September 30, 2001; and Hampton Road/Eastern Shore region - September
30, 2002. License expirations shall be staggered in accordance with
criteria set by the department, which include, but are not limited to, changes
in legislation, standards, policy, processes, and procedures.
24VAC5-20-140. Minimum requirements for licensing.
A. The minimum
standards which requirements that
are required for initial and continued licensing under § 5.1-7 of the Code of
Virginia will shall provide for: 1. An effective runway length of 2,000 feet, with 100 feet
of overrun on each end, and unobstructed approach surfaces of 15:1 horizontal
to vertical slope at each end of the runway. 2. An unobstructed primary surface(s) which is 2,200 feet in
length and 200 feet in width. 3. An unobstructed transition surface(s) of 5:1 slope on
either side of the primary and approach surfaces. 4. A minimum runway width of 50 feet, and minimum runway
safety area width of 120 feet. 5. Aerial ingress and egress shall be available from both
ends of the rectangular dimension of a runway.
1. An effective runway length of at least 2,000 feet for each direction of operation;
2. A minimum runway width of 50 feet;
3. A minimum runway safety area length equal to the length of the runway plus 100 feet at each end of the runway;
4. A minimum runway safety area width of 120 feet centered on the runway centerline;
5. A minimum unobstructed approach surface of 15:1 horizontal to vertical slope at each end of the runway;
6. An approach surface that is centered along the runway centerline and that begins at the threshold at a width of 250 feet, expands uniformly for a distance of 2,250 feet to a width of 700 feet, and continues at the width of 700 feet for a distance of 2,750 feet;
7. A minimum unobstructed runway object free area length equal to the length of the runway;
8. A minimum unobstructed runway object free area width of 250 feet centered on the runway centerline; and
6. 9. A displaced threshold, if an approach
surface to either physical end of the runway is obstructed and the obstacle
cannot be removed, that shall be located down the runway at the point
where the obstruction clearance plane intersects the runway centerline. 7. An airport runway licensed specifically and solely for
the purpose of accommodating short-takeoff-and-landing aircraft may, at the
discretion of the department, be less than 2,000 feet in length; however, all
other dimensional standards will apply. 8. A heliport used for commercial public use purposes will
provide for minimum dimensions of 75 feet by 75 feet. The heliport will have
unobstructed primary, approach, and transition surfaces in accordance with
their definitions in this chapter.
B. The minimum requirements for the initial and continued licensing of an airport under the conditional Day/VFR Use Only License in accordance with 24VAC5-20-275 shall provide for:
1. An effective runway length of 2,000 feet in each direction of operation;
2. A minimum runway width of 50 feet;
3. A minimum runway safety area length equal to the length of the runway plus 100 feet at each end of the runway;
4. A minimum runway safety area width of 120 feet centered on the runway centerline;
5. A minimum unobstructed approach surface of 15:1 horizontal to vertical slope at each end of the runway; and
6. An approach surface that is centered along the runway centerline and that begins at the threshold at a width of 120 feet, expands uniformly for a distance of 500 feet to a width of 300 feet, and continues at the width of 300 feet for a distance of 2,500 feet.
C. The minimum requirements for the initial and continued licensing of a heliport open for public use under § 5.1-7 of the Code of Virginia shall provide for minimum standard dimensions as provided in the Federal Aviation Administration Advisory Circular 150/5390-2B Heliport Design, effective September 30, 2004.
D. The minimum requirements for the initial and continued licensing of a seaplane base open for public use under § 5.1-7 of the Code of Virginia shall provide for minimum standard dimensions as provided in the Federal Aviation Administration Advisory Circular 150/5395 Seaplane Bases, effective June 29, 1994.
9. E. In addition to the investigation required
for safety provisions as outlined in § 5.1-7 of the Code of Virginia, a
detailed consideration of the economic, social, and environmental effects of
the airport location shall be conducted for applications for new and
modified licenses. These considerations shall include one or more
public hearings as required to assure consistency with the goals and objectives
of such planning as has been carried out by the community. 10. F. Proof of financial responsibility
prescribed in Chapter 8.2 (§ 5.1-88.7 et seq.) of Title 5.1 of the Code of
Virginia must be furnished at the time of application of license, and such
this financial responsibility thereafter must be maintained.
24VAC5-20-145. Waiver of minimum requirements.
Subdivisions 1, 2, 3, 4, and 5 of 24VAC5-20-140 may be
waived upon application to the board setting forth the reasons that these
standard(s) sought to be waived cannot be met. A. Upon application by an
airport sponsor, setting forth the reason or reasons that one or more
requirements sought to be waived cannot be met, the board may waive compliance
of requirements of 24VAC5-20-140. In the waiver, the board shall specify the
minimum requirement or requirements covered by the waiver and set terms for the
waiver, including the time period for the waiver.
B. Considerations for granting the waiver shall be
topographical impossibility, possible financial expense to the
Virginia Aviation Fund, volume and type of traffic and safety experience at the
airport (i) a determination of no hazard based on a Federal Aviation
Administration airspace evaluation and implementation of mitigation
recommendations if applicable, (ii) a determination of impracticality due to
topography, or (iii) a benefit cost analysis proving improvements as
financially unfeasible. Any C. An airport having a license issued prior
to October 1, 1995, and not meeting one or more minimum standards requirements
for licensure in effect for that period on October 1, 1995, shall
be exempt from having to comply with those noncomplying standards requirements
for as long as the airport remains an active public-use facility unless
those noncomplying requirements are caused by natural growth. Should
such airport cease to be open to the public for one year, and subsequently
reopen, it shall be required to comply with all applicable minimum standards
for licensure. All airports or landing areas that hold licenses as of
September 30, 1995, that do not meet the minimum standards in effect on
September 30, 1995, do not need to apply for a waiver in order to be
relicensed. In compliance with § 5.1-7 of the Code of Virginia, the department
shall issue a conditional license to all airports which were licensed as
public-use airports on October 1, 1995, which did not meet the minimum
standards for licensure in effect on that date.
24VAC5-20-150. Transfer of licenses.
A. No license issued by the department for the operation of an airport or landing area may be transferred by the licensee without first obtaining the approval of the department.
B. Application for approval of a transfer of a license
shall be made on
forms the form prescribed by the department and accompanied
by the required supporting documents as specified on the form. Approval may
be granted only after satisfactory evidence has been submitted which that
shows that the proposed transferee (i) is capable of operating the
airport or landing area in accordance with the laws of this Commonwealth and
these regulations ; and (ii) is financially responsible per Chapter 8.2
(§ 5.1-88.7 et seq.) of Title 5.1 of the Code of Virginia , and has paid
or guaranteed payment of all financial commitments due the Commonwealth under Chapter
1 (§ 5.1-1 et seq.) of Title 5.1 of the Code of Virginia or this chapter.
such a transfer shall be made,
the transferee by written agreement shall assume the unfulfilled obligation to
the Commonwealth to operate the airport or landing area under any and all
agreements executed by any prior licensee or licensees of such airport or
landing area to procure state funds for such the airport or
D. Upon conveyance, death, dissolution, or bankruptcy
of a licensee, the
airport license may be transferred department
should be notified of the occurrence within 60 days, and the airport license
may be transferred upon approval of the department. Transfer shall be
effected within 180 days after death or dissolution of the licensee or the
airport license shall become null and void.
Public waters landing rights Seaplane
bases. Counties, cities, and towns shall have the power to
establish, maintain, and operate airports and landing areas and other navigation
facilities in, over, and upon any public waters of this Commonwealth, or any
submerged land under such public waters, within the limits or jurisdiction of
or bordering on such counties, cities or towns. Any such areas established
shall follow all the applicable permitting and licensing requirements of Part
III of this chapter (24VAC5-20-120 et seq.). Seaplane bases may be
established in, over, and upon any waters of this Commonwealth or any submerged
land under such waters. Seaplane bases used or intended for public use need to
be licensed in accordance with 24VAC5-20-120 and 24VAC5-20-140. Seaplane bases
not used or intended for public use need to be registered or licensed in
accordance with 24VAC5-20-170.
or personal airports or landing
areas. Any A. A person establishing or owning property
utilized for landing aircraft that is solely for private or personal use, and
which is not open to the general public, a private landing area,
including airports, heliports, helipads, and seaplane bases, shall be
required only to register the landing area facility if it is not
within more than five nautical miles of from a
licensed public-use airport. Registration shall be accomplished on forms
provided by the department. Any B. A person establishing private or
personal airports or owning a private landing area, including airports,
heliports, helipads, and seaplane bases, within five nautical miles of a
licensed public-use airport shall be licensed required to secure a
Private-use Landing Area License for the facility if the applicant airport
does not pose a hazard to the airspace and utilization by aircraft of the
licensed public-use airport in question. Licenses for private-use airports
that are within five nautical miles of a licensed public-use airport These
licenses shall be issued once , and do not have to be renewed. Prior to final registration or licensing of a private or
personal airport, the applicant airport shall provide to the department written
information from the local government having jurisdiction over such airport
that such airport has received approval from the locality C. Application
for the registration or licensing of a private landing area, including
airports, heliports, helipads, and seaplane bases, shall be made on the form
prescribed by the department and accompanied by the required supporting
documents as specified on the form, including written documentation with
respect to zoning, special use permit, or any other land use
D. Aircraft landing at
these landing areas and
nonpublic-use airports private landing areas, including airports,
heliports, helipads, and seaplane bases, shall have prior approval of the
landowners or controlling agency when reasonably practical. Aircraft landing at
other than licensed public-use airports without such prior
approval shall not be removed therefrom without the consent of the owner or
lessee of such the property.
E. Privately-owned or publicly-owned hospitals may establish and maintain airports, heliports, helipads, or landing areas and may restrict the public use of these facilities to the takeoff and landing of aircraft for hospital related uses only.
A. The fee for issuing a license
of a public-use
airport or landing area for an airport, heliport, seaplane base, or landing
area open for public use in accordance with 24VAC5-20-120 shall be $25. The
fee for each a license renewal or amendment,
modification, or transfer shall be $25.
B. No fee is charged for licensing a
airport private-use landing area under 24VAC5-20-120 or registering
a private use airport private-use landing area under
Obstructions to Airspace
24VAC5-20-190. Determination of hazard.
Department of Aviation airport sponsor shall
conduct be responsible for insuring that an aeronautical study is
conducted , when needed to satisfy the requisites requirements
of this regulation , and to determine the effect of any a
structure, either man-made or natural, that penetrates any imaginary
surface the approach surfaces or runway object free area upon the
safe and efficient operation of any a licensed, military, or government
air navigation facility or airport. This determination shall be made based on
criteria as defined by 24VAC5-20-200. If a structure constitutes an "obstruction "
in accordance with these standards criteria, it shall be presumed
to be a "hazard " until determined otherwise the
by Virginia Aviation Board the board.
24VAC5-20-200. Obstruction criteria.
In conducting any A study required by this
chapter the department may shall consider, but not be limited to,
at least the following factors: (i) Federal Aviation Regulations 14 CFR
77.25, 14 CFR 77.28, and 14 CFR 77.29; Airport Traffic
Patterns (ii) airport traffic patterns; IFR Airways and Routes
(iii) Instrument Flight Rules (IFR) airways and routes; VFR (iv)
Visual Flight Rules (VFR) routes and designated practice areas; and (v)
terminal airspace; and (vi) instrument approach procedures.
24VAC5-20-210. Obstruction permit procedure.
A. This process shall not be applicable in those
counties, cities, and towns
which that have satisfied the local
ordinance provisions of § 15.1-491.02 15.2-2294 of the Code of
Virginia. See 24VAC5-20-220. Any B. A person seeking an obstruction permit
from the board, as required by § 5.1-25.1 of the Code of Virginia, pertaining
to structures hazardous to air navigation shall submit to the department a
permit request on such forms as prescribed by the department, including any
ancillary data required by the department provide to the department a
copy of Federal Aviation Administration Form 7460-1 Notice of Proposed
Construction or Alternation submitted to the Federal Aviation Administration
and a copy of the response from the Federal Aviation Administration when
C. Upon receipt of
such a request, the
department shall (i) notify the applicant of said receipt and supply
available information pertaining to the obstruction analysis, with the date and
location of the applicable board meeting; (ii) conduct an analysis of the
request using the criteria in 24VAC5-20-190 and 24VAC5-20-200 within 90 120
days from the date of receipt, unless it advises the applicant that such
the analysis will take longer require additional time; (ii)
supply the applicant with available information pertaining to the obstruction
analysis and the date and location of the board meeting at which the request
will be presented to the board; and (iii) shall forward to the board
its analysis in the form of a staff report with the concurrent
recommendations regarding the permit request.
D. The board shall consider
each a permit
request at the next regularly scheduled meeting , following the
completion of the department staff report. Its consideration may include, but
is not limited to, the department's staff report, any verbal and written
testimony of the applicant, any analysis of by the Federal
Aviation Administration, and any comments from the local jurisdiction or
jurisdictions where the structure is to be located. All decisions issued by the
board shall be issued in writing stating the reasons for same. Any An
affirmative decision may be accompanied by conditions deemed appropriate by the
board including, but not limited to, obstruction marking, lighting, and similar
E. The applicant, if given an affirmative decision by
the board, shall not be relieved by that decision of
state, or federal requirements as to zoning, building, variance, or other
permits as may be required.
24VAC5-20-220. Model airport safety zoning ordinance.
Any A county, city, or town in the Commonwealth
seeking to comply with the mandate of § 15.1-491.02 15.2-2294 of
the Code of Virginia to enact local obstruction ordinances shall abide by the
1. The Model Airport Safety Zoning Ordinance developed by the
of Aviation department shall be used as a guide by localities. A copy
of such the model ordinance is found in Appendix A
(24VAC5-20-400) of this chapter.
2. The provisions of
any a locally adopted
ordinance shall be in substantial conformity with the Model Airport Safety
Zoning Ordinance. Substantial conformity shall include, but not be limited to,
protection of airspace from intrusions as described in Articles 3, 4, and 7 of
the Model model.
3. The department may, at the request of a local governing
any an ordinance submitted prior to adoption by such
a locality. In conducting its review, the department shall make
an evaluation regarding the integrity of such an ordinance with
respect to the requisites of the Model Airport Safety Zoning Ordinance. The
review of the department may include, but not be limited to, the evaluation
with respect to the Model Ordinance model ordinance, any
comments of the locality, and its opinion concerning the expected effectiveness
of the ordinance as it relates to the general intent of § 15.1-491.02 15.2-2294
of the Code of Virginia.
Amendment or Revocation of Licenses
24VAC5-20-275. Conditional licenses.
A. If at any time an airport
or landing area
cannot does not meet all of the minimum requirements
for licensure that have been adopted by the department, or having met those
requirements cannot maintain compliance, the department may issue conditional
licenses to allow time for the airport or landing areas to take steps to meet
those requirements licensing as set forth in 24VAC5-20-140, a
conditional use license shall be issued for a period of 180 days. Such
conditional Conditional licenses shall specify the nonstandard
requirements and dictate the time allowable for the standards to be brought
into compliance, that time being the same as the duration of the conditional
license with which the airport is not in compliance. Upon receipt of
notification of nonconformance, the airport sponsor shall issue the appropriate
Notice to Airmen for the noncompliant conditions in accordance with
24VAC5-20-140. The Notice to Airmen shall remain in place until the
noncompliant condition is resolved.
B. Within 60 days of notification of nonconformance, the airport sponsor must submit a written mitigation plan to the department that includes, but is not limited to, means of resolving noncompliant conditions, a schedule for the performance of the mitigation, and, if applicable, the cost to the Commonwealth. The airport sponsor or designee must present the mitigation plan to the board at the meeting specified in the notification of nonconformance. In response to the presentation, the board will recommend at least one of the following to the department:
1. Extend the conditional use license for a specified time period;
2. Issue a "Day/VFR Use Only License";
3. Issue a waiver in accordance with 24VAC5-20-145;
4. Revoke the public-use license in accordance with 24VAC5-20-280.
Failure by the airport sponsor or designee to submit a written mitigation plan or failure to present the plan to the board will result in at least one of the actions above being implemented.
C. At any time an airport sponsor may request the department to reclassify its license. Upon reclassification of a license, the airport sponsor shall issue an appropriate Notice to Airmen for a minimum period of 180 days.
notice notices, and
A. The department may immediately temporarily
or modify any or suspend a license or permit issued pursuant
to Chapter 1 (§ 5.1-1 et seq.) of Title 5.1 of the Code of Virginia and
this chapter for violation of any of the provisions of the aviation laws of
Virginia or of this chapter, at the instance of any person, upon duly sworn
affidavit of such the person, or upon its own motion. Such
A sanction shall be effective upon receipt of written notice of the
sanction by the licensee at his last known address as disclosed by the records
of the department. Such A temporary sanction shall be effective
for a period not to exceed 90 days.
B. The department may
permanently suspend or
revoke any a license or permit issued pursuant to Chapter 1 (§
5.1-1 et seq.) of Title 5.1 of the Code of Virginia and this chapter for
violation of any of the provisions of the aviation laws of Virginia or of this
chapter, at the instance of any a person, by duly sworn affidavit
of such the person, or on upon its own motion. Such
An action shall be effective 10 days after receipt of written notice of
the action by the licensee at his last known address as disclosed by the
records of the department, unless the licensee shall, before that time, show
cause why such the sanction should not be imposed. Temporary or permanent suspensions C. Suspensions
or revocations by the department may be appealed by filing a written notice of
appeal with the director of the department within 10 days of receipt of the
notice of sanction, requesting an opportunity to be heard and to present
evidence in an informal fact finding as defined in the Administrative Process
Act , (§ 9-6.14:1 2.2-4000 et seq. of the Code of
Virginia). Such an An opportunity will be afforded by the
director not later than within 21 days after of
receipt by him of the written notice of appeal. The director will give written
notice to the licensee of his decision to affirm, modify, or rescind the
sanction within 10 days after this hearing.
D. The sanctions enumerated in this regulation shall be
cumulative with other enforcement powers conferred upon the department by these
regulations or by statute, and no action taken hereunder shall limit the
jurisdiction of the department to impose other penalties authorized by these
regulations or by statute. From the case decision of the director of the
department, an appeal lies as set out in the Administrative Process Act
(§ 9-6.14:1 2.2-4000 et seq. of the Code of Virginia).
Airport hazards Hazard notification.
Commercial, public-use Public-use airport and
landing area owners, operators, and managers shall maintain vigilance as
to airport conditions and shall notify the nearest Federal Aviation Administration
Flight Service Station and the Department of Aviation department
whenever any known hazards to aircraft exist at such an
airport or landing area. Known hazards are any conditions which that
create an unsafe situation and include uncut grass on any runway in excess
of eight inches in height.
24VAC5-20-330. Aviation facilities constructed in whole or in part with state funds.
any funds appropriated by the General Assembly
of Virginia for the promotion of aviation , or the construction or
improvement of aviation facilities at any county, municipal or
privately-owned, commercial, a public-use airport, or
heliport, or seaplane base owned by a county, city, town, individual,
corporation, authority, or commission may be allocated, the owner thereof
shall enter into a written agreement with the department, acting through the
director, which that shall provide for operation of such the
airport, or heliport, or seaplane base as a public-use facility
for a minimum period of 20 years or as specified within a written agreement.
The owner airport sponsor of any such an aviation
facility and his or its transferees, successors, and assignees
who fails to fulfill the period of operation specified in any such agreement
shall be liable for the return of any such these state funds on a
pro rata basis. Privately owned or publicly owned hospitals may establish
and maintain airports and may restrict the public use of such airports to
takeoff and landing of any aircraft for medical emergencies only; such airports
may be funded in accordance with this chapter.
DOCUMENTS INCORPORATED BY REFERENCE (24VAC5-20)
Advisory Circular, AC No. 150/5390-2B, Subject: Helicopter Design, September 30, 2004, Federal Aviation Administration, U.S. Department of Transportation, 800 Independence Avenue, SW, Washington, DC 20591 (www.faa.gov/regulations_policies/advisory_circulars).
Advisory Circular, AC No.: 150/5395-1, Subject: Seaplane Bases, June 29, 1994, Federal Aviation Administration, U.S> Department of Transportation, 800 Independence Avenue, SW, Washington, DC 20591 (www.faa.gov/regulations_policies/advisory_circulars).150/5395-1 (6/29/94)