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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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OREGON DEPARTMENT OF AVIATION

 

DIVISION 100

NOTICE TO AIRPORT OWNERS ON PUBLIC HEARING ON REQUEST FOR LAND-USE PERMIT OR ZONE CHANGE

 

738-100-0010

Purpose

(1) Except as provided in section (2) of this rule, notice of a public hearing on a land-use permit or a zone change and notice of a decision on a land-use permit pursuant to ORS 215.223, 215.416 and 227.175 shall be provided to owners of public-use airports by the respective city and county planning authorities if:

(a) The name and address of the airport owner has been provided by the Oregon Department of Aviation (Department) to the appropriate city or county planning authority;

(b) The property subject to the land-use permit or zone change is:

(A) Within 5,000 feet of the sides or ends of a runway determined by the Department to be a "visual airport"; or

(B) Within 10,000 feet of the sides or ends of the runway of an airport determined by the Department to be an "instrument airport".

(2) Notice of a public hearing on a land-use permit or zone change or notice of a decision on a land-use permit need not be provided as set forth in section (1) of this rule if that land-use permit or zone change would only allow a structure of less than 35 feet in height and the property is located outside the runway "approach surface", as defined in OAR 738-070-0120, or on property controlled by the airport.

(3) The failure of an airport owner to receive notice, which was mailed, shall not invalidate any land-use permit or zone change.

(4) This rule shall define terms used in Chapter 106, Oregon Laws 1987 and specify the dimensions of the approach surfaces for the various classifications of airports.

(5) In addition to the owner of a public-use airport, a copy of any notice of a land-use action for any affected airport shall, at the same time, be sent to the Oregon Department of Aviation, 3040 25th Street S.E., Salem, OR 97302-1125.

Stat. Auth.: ORS 184
Stats. Implemented: ORS 836.325
Hist.: AERO 4-1987, f. & ef. 12-15-87; AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02; AVIA 1-2004, f. & cert. ef. 2-17-04

738-100-0020

Interagency Coordination

(1) Oregon Department of Aviation shall:

(a) Prepare and provide to the planning authority of each city and county a list of all public-use airports within that jurisdiction, along with the name and address of the owner of each airport. These airports shall be separated into classifications such as:

(A) Visual;

(B) Instrument.

(b) The Department shall notify the affected cities or counties if there is any change in the information for any of the airports within the respective jurisdictions or if the dimensions or other data change for any of the airports;

(c) The Department shall prepare and provide to each city and county with an airport, a drawing showing the dimensions and slope of the approach surface for each applicable classification of airport as indicated in OAR 738-100-0015(1).

(2)(a) Each city and county planning authority shall provide, to the owner of a public-use airport, and to the Department, a notice of public hearing on a land-use permit or a zone change and a notice of a decision on a land-use permit within the notification area of any public-use airport within its jurisdiction.

(b) Notice of a public hearing on a land-use permit or a zone change or notice of a decision on a land-use permit need not be provided as set forth in section (1) of this rule if that land-use permit or zone change would only allow a structure of less than 35 feet in height and the property is located outside the runway "approach surface", as defined by this rule, or on property controlled by the airport.

Stat. Auth.: ORS 184
Stats. Implemented: ORS 836.325
Hist.: AERO 4-1987, f. & ef. 12-15-87

 

738-100-0030

Notice

(1) The notice to owners of affected public-use airports shall be in the same form as provided to any property owner affected by a land-use permit or zone change as described in ORS 215.223, 215.416 and 227.175.

(2) The failure of an airport owner to receive notice, which was mailed, shall not invalidate any land-use permit or zone change.

(3) Providing notice to owners of public-use airports is for the purpose of furnishing notice only and shall not be in any way interpreted as giving an airport owner any more standing than any other landowner receiving notice in similar circumstances.

Stat. Auth.: ORS 184
Stats. Implemented: ORS 836.325
Hist.: AERO 4-1987, f. & ef. 12-15-87

 

738-100-0035

Advisory

Even though notice of hearing or decision may not be required under OAR 738-100-0020(2), the proponent of any construction may still be required to submit Federal Aviation Administration Form 7460-1 to the Northwest Mountain Region, Federal Aviation Administration (FAA), Seattle, Washington, with a copy to the Oregon Department of Aviation. Form 7460-1 can be obtained from the Federal Aviation Administration or the Oregon Department of Aviation. While this does not require city and county planning authorities to advise proponents of construction of the Federal Aviation Administration requirement, it is hoped that the planning authorities can provide such information.

Stat. Auth.: ORS 184
Stats. Implemented: ORS 836.325
Hist.: AERO 4-1987, f. & ef. 12-15-87; AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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