(a) To define physical hazards to air navigation and determine whether specific types or classes of objects or structures constitute hazards. Rules defining physical hazards and determining whether specific types or classes of objects or structures constitute hazards may be adopted only after a fact-finding process and must be supported by substantial evidence.
(b) Establishing standards for lighting or marking objects and structures that constitute hazards to air navigation.
(c) Establishing standards for mitigating physical hazards to air navigation by altering the height or location of objects and structures.
(d) Establishing standards for mitigating hazards to air navigation by altering approach surface standards or installing navigational aids.
(e) Establishing a fee to cover the costs of tall structure evaluations.
(2) In accordance with the rules adopted under this section, the director shall do the following:
(a) Determine whether specific objects or structures constitute a hazard to air navigation.
(b) Determine responsibility for installation and maintenance of lighting or marking and for alteration of the height or location of specific objects or structures that constitute hazards to air navigation.
(c) Issue orders to require that specific objects or structures determined to be hazards to air navigation be marked or lighted in accordance with rules adopted under this section.
(d) Make recommendations to the Federal Aviation Administration to require that airports alter approach surface standards or install navigational aids for the purpose of mitigating hazards to air navigation.
(3) Rules and standards adopted under this section are limited to and may not be more restrictive than current federal norms, including but not limited to, regulations and circulars, pertaining to objects affecting navigable airspace.
(4) Any person or entity required to comply with an order issued under this section may contest the order as provided under ORS chapter 183. [Formerly 492.820; 1999 c.935 §37; 2009 c.399 §3; 2021 c.566 §1]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 836 - Airports and Landing Fields
Section 836.005 - Definitions.
Section 836.025 - Establishment of airports and air navigation facilities by department.
Section 836.050 - Condemnation of railroad or public utility property.
Section 836.055 - Commercial concessions at state airports and air navigation facilities.
Section 836.060 - Operation of state airports by private persons.
Section 836.072 - Use of moneys from increase in taxes; rules.
Section 836.080 - Exemptions from ORS 836.085 to 836.120.
Section 836.085 - Approval of airport sites; fee.
Section 836.095 - Approval criteria and conditions.
Section 836.100 - Revocation of approval.
Section 836.105 - Licensing of airports; fees; rules.
Section 836.110 - Revocation of license; refusal of renewal.
Section 836.340 - Procedure for relocation of public utility property.
Section 836.410 - Permanent closure of public use airport; rules.
Section 836.505 - Designation of landing places on public lands; rules governing user.
Section 836.530 - Rules and standards; orders; appeals; fees.
Section 836.535 - Hazards to air navigation prohibited; exceptions.
Section 836.605 - Definitions for ORS 836.600 to 836.630.
Section 836.612 - Approval or expansion of land use activities subject to prior court decisions.
Section 836.616 - Rules for airport uses and activities.
Section 836.630 - Siting of new airports to comply with land use laws; limitation on rules.
Section 836.640 - Definitions for ORS 836.640 and 836.642.
Section 836.642 - Program for through the fence operations; rules.