Or. Admin. Code § 738-020-0035

Current through Register Vol. 63, No. 10, October 1, 2024

Section 738-020-0035 - Approval of Site: Issuance of License

(1) Within a reasonable time after receipt of application, the Department shall grant approval of the site under the provisions of OAR 738-020-0025 or shall issue a license, as the case may be, if it is satisfied that:

(a) The airport meets, or will meet, the minimum standards prescribed by OAR 738-020-0020;

(b) Safe air traffic patterns can be worked out for such airport and all existing or approved airports in its vicinity;

(c) Due notice has been given the FAA, by the applicant on an appropriate FAA form and an FAA determination has been made in any case where such notice is required, regarding any proposed construction;

(d) The airport has been constructed in accordance with plans as submitted to the Department with either the application for site approval or for a license; and

(e) The airport substantially meets land use and zoning requirements of the local governmental entity having jurisdiction.

(2) The Department, in approving a site or in issuing a license, may impose such conditions as it may deem reasonably necessary or appropriate to accomplish the intent of ORS 836.085 to 836.120.

(3) In certain cases, the Department may issue a temporary airport license for a specific reason and for a specific date or limited period of time, not to exceed thirty days.

(4) The Department at its discretion may hold a hearing prior to approving a site or issuing a license. Due notice shall be given and opportunity for hearing shall be provided prior to the denial of any such site approval or license.

Or. Admin. Code § 738-020-0035

1 OTC 46, f. 11-29-74, ef. 12-25-74; 1 OTC 81, f. & ef. 5-3-77; 1AD 3-1984, f. & ef. 7-31-84; AERO 2-1989, f. & cert. ef. 9-20-89; AERO 1-1998, f. & cert. ef. 2-25-98

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 835.035, ORS 836.095 & ORS 836.105

Stats. Implemented: ORS 836.095 & ORS 836.105