1. (A) The division may close, order closure, or approve closure of an airport, airport runway, or any portion of one only when a condition exists on the airport property that constitutes an imminent and substantial endangerment to aircraft operations and aviation safety, and the condition remains unabated after notice to the airport owner and operator, and a reasonable opportunity has expired to correct any deficiencies determined by the division. The division may promulgate regulations to administer this section.

2. (B) If the division disagrees with a decision of an airport sponsor or governmental body to close a public use airport or any part of one, both the division and the airport sponsor or governmental body shall engage in mediation or another form of alternative dispute resolution mutually agreed upon in an attempt to resolve their differences. In addition, the division may require that the airport sponsor develop a proposed closure plan that contains:

   1. (1) a certification that all grant conditions imposed by federal or state funding have been complied with, and that all grant funds have been repaid to the appropriate agency;
   2. (2) a statement for the reason for the closure;
   3. (3) an economic analysis of the impact of the closure on the community;
   4. (4) a plan and schedule for the use of or development of a replacement facility acceptable to the division; and
   5. (5) other information required by the division.

HISTORY: 2012 Act No. 270, Section 3, eff June 18, 2012.

Editor's Note

Prior Laws: 1962 Code Section 2-61; 1952 Code Section 2-61; 1942 Code Section 7112-15; 1935 (39) 447; 1993 Act No. 181, Section 1289; 1976 Code Section 55-5-140.

Former Section 55-5-150 was entitled "Investigations, inquiries and hearings" and was derived from 1962 Code Section 2-62; 1952 Code Section 2-62; 1942 Code Section 7112-11; 1935 (39) 447; 1993 Act No. 181, Section 1289.

Effect of Amendment

The 1993 amendment substituted "division" for "Commission" and "Commission or any commissioner or officer designated by the Commission" and "officer of the division" for "Commission and every officer of the Commission".

The 2012 amendment rewrote the section.