1. (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:

   1. (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;

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

      1. (A) Within 5,000 feet of the sides or ends of a runway determined by the Department to be a "visual airport"; or
      2. (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. (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. (3) The failure of an airport owner to receive notice, which was mailed, shall not invalidate any land-use permit or zone change.
4. (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. (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.

Statutory/Other Authority

ORS 184

Statutes/Other Implemented

ORS 836.325

History

AVIA 1-2004, f. & cert. ef. 2-17-04
AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02
AERO 4-1987, f. & ef. 12-15-87