5.1-7 - Licensing of airports and landing areas.
§ 5.1-7. Licensing of airports and landing areas.
Except as provided in § 5.1-7.2, every person, before operating an airport orlanding area or adding or extending a runway, shall first secure from theDepartment a license. The application therefor shall be made on the formprescribed and furnished by the Department and shall be accompanied by a feenot exceeding $100.
Such license shall be issued for a period not to exceed seven years, andshall be renewed every seven years. Before issuing such license, theDepartment shall require the holder of such license to furnish proof offinancial responsibility prescribed in Chapter 8.2 (§ 5.1-88.7 et seq.) ofthis title.
It shall be unlawful for any person to operate any airport or landing areawhich is open to the general public for the landing or departure of anyaircraft until a license therefor shall be issued by the Department.
Before issuing such license for the establishment of a new airport, theDepartment shall investigate the location of such airport or landing areawith the relation to its proximity to and its runway orientation in relationto any other airport or landing area and shall provide for the safety ofcivil aircraft alighting thereon or departing therefrom. If the proposedairport or landing area shall be so situated as to endanger aircraft usingthe same or any other airport or landing area in close proximity, and ifproper provisions have not been made in all other respects for the safety ofaircraft alighting thereon or departing therefrom, the license shall not begranted. To be licensed, an airport required to be licensed under § 5.1-7.2must meet this criterion and any applicable requirement provided for inregulation promulgated under this section, but no others.
The Board may, by regulation, adopt any other requirements for licensure thatare related to the safety of civil aircraft using such airport or landingarea. Any airport having a license issued prior to October 1, 1995, and notmeeting one or more minimum standards as defined in Part III of the VirginiaAviation Regulations (VR 165-01-02:1), shall be exempt from having to complywith those noncomplying standards for as long as the airport remains anactive public-use facility. Should such airport cease to be open to thepublic for one year, and subsequently reopen, it shall be required to complywith all applicable minimum standards for licensure.
In addition to the above safety requirements, before a license is initiallyissued, the Department shall consider the reviews and comments of appropriatestate agencies coordinated by the Department of Environmental Quality, andshall cause a public hearing to be held concerning the economic, social andenvironmental effects of the location or runway orientation of the airport orlanding area if the facility is listed in the Virginia Air TransportationSystem Plan; however, such coordinated review by the Department ofEnvironmental Quality shall not exceed ninety days after the Department hasrequested review by the Department of Environmental Quality. The publichearing required by this section shall be conducted by the Department ofEnvironmental Quality in the jurisdiction in which the airport or landingarea is located, after publication of notice of the hearing in a newspaper ofgeneral circulation in such jurisdiction at least ten days in advance of suchhearing.
Any license issued shall describe the number of runways, the length andorientation of each runway and/or, if appropriate, the landing area.
If a runway is to be extended or new runways are to be added, a revisedlicense shall be applied for from the Department. If the airport or landingarea is listed in the Virginia Air Transportation System Plan, the Departmentshall consider the reviews and comments of appropriate state agencies,coordinated by the Department of Environmental Quality, and shall cause apublic hearing to be held concerning the economic, social and environmentaleffects of such changes to the license.
Whenever a public hearing is called for herein, if there has been a publichearing associated with the development of any environmental documents tocomply with the receipt of federal funds, the Department and the Departmentof Environmental Quality may rely on such document or hearing in carrying outtheir respective duties set out in this section.
If an airport or landing area cannot meet the requirements for licensure thathave been adopted by the Virginia Aviation Board, or having met thoserequirements cannot maintain compliance, the Department may issue conditionallicenses to allow time for the airport or landing areas to take steps to meetthose requirements or may revoke any license issued, if requirements forlicensure are not met or cannot be met.
Any party aggrieved by the granting or refusal to grant any such licenseshall have a right of appeal to the circuit court of the jurisdiction wherethe airport or landing area is to be located, which appeal shall be filed inaccordance with the Administrative Process Act, Chapter 40 (§ 2.2-4000 etseq.) of Title 2.2.
All airports or landing areas that hold licenses or permits shall be issuednew licenses, without charge, on or before October 1, 1995, describing thenumber, length and orientation of the runway or runways or, if appropriate,the landing area, which shall be valid for up to seven years. The length ofthe new license term may be staggered so that all licenses will not becomerenewable at the same time. If any airport landing area does not meet thecurrent requirements for licensure, a new license may be issued.
(Code 1950, § 5-7; 1966, c. 576; 1979, c. 272; 1980, c. 721; 1981, c. 326;1991, c. 126; 1995, cc. 682, 690; 1996, cc. 148, 303.)