1. A. If at any time an airport does not meet all of the minimum requirements for licensing as set forth in 24VAC5-20-140, a conditional use license shall be issued for a period of 180 days. Conditional licenses shall specify the requirements with which the airport is not in compliance. Upon receipt of notification of nonconformance, the airport sponsor shall issue the appropriate Notice to Airmen for the noncompliant conditions in accordance with 24VAC5-20-140. The Notice to Airmen shall remain in place until the noncompliant condition is resolved.

2. B. Within 60 days of notification of nonconformance, the airport sponsor must submit a written mitigation plan to the department that includes, but is not limited to, means of resolving noncompliant conditions, a schedule for the performance of the mitigation, and, if applicable, the cost to the Commonwealth. The airport sponsor or designee must present the mitigation plan to the board at the meeting specified in the notification of nonconformance. In response to the presentation, the board will recommend at least one of the following to the department:

   1. 1. Extend the conditional use license for a specified time period;
   2. 2. Issue a "Day/VFR Use Only License";
   3. 3. Issue a waiver in accordance with 24VAC5-20-145;

   4. 4. Revoke the public-use license in accordance with 24VAC5-20-280.

      Failure by the airport sponsor or designee to submit a written mitigation plan or failure to present the plan to the board will result in at least one of the actions above being implemented.

3. C. At any time an airport sponsor may request the department to reclassify its license. Upon reclassification of a license, the airport sponsor shall issue an appropriate Notice to Airmen for a minimum period of 180 days.

Statutory Authority

§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 17, eff. June 12, 1996; amended, Virginia Register Volume 30, Issue 4, eff. November 20, 2013.