1. (1) The Oregon Department of Aviation has authority to authorize commercial aeronautical activity on State-owned airport property.
2. (2) When the Department determines that a person or entity is engaged in, or proposes to engage in, commercial activity at a State-owned airport, the Department may grant that person or entity permission to do so, may issue that person or entity a permit with restrictions or conditions, may require the person or entity to enter a lease or agreement with the Department, or may deny such permission.

3. (3) The Department shall consider the following criteria in determining if an operator shall be authorized to conduct business:

   1. (a) The terms and conditions of any pre-existing commercial operators at the airport providing comparable services;
   2. (b) The impact of the proposed new commercial activity on public safety and convenience;
   3. (c) The amount of available space at the airport;
   4. (d) The customary uses of the airport;
   5. (e) Compatibility of the proposed new commercial activity with present and planned development at the airport; and
   6. (f) Compliance of the proposed activity with all federal, state and local laws and regulations, including land use regulations.
4. (4) The Department may impose any conditions or restrictions necessary to ensure safety in the air and on the ground at the State-owned airport, including preservation of unobstructed traffic patterns and runway approaches.

Statutory/Other Authority

ORS 835.035, 835.040 & 835.112

Statutes/Other Implemented

ORS 835.035, 835.040, 835.112 & 836.055

History

AVIA 1-2003, f. 2-24-03, cert. ef. 3-1-03