Administrative Code

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Virginia Administrative Code
Title 24. Transportation And Motor Vehicles
Agency 5. Virginia Aviation Board
Chapter 20. Regulations Governing the Licensing and Operation of Airports and Aircraft and Obstructions to Airspace in the Commonwealth of Virginia

24VAC5-20-145. Waiver of minimum requirements.

A. Upon application by an airport sponsor, setting forth the reason or reasons that one or more requirements sought to be waived cannot be met, the board may waive compliance of requirements of 24VAC5-20-140. In the waiver, the board shall specify the minimum requirement or requirements covered by the waiver and set terms for the waiver, including the time period for the waiver.

B. Considerations for granting the waiver shall be limited to (i) a determination of no hazard based on a Federal Aviation Administration airspace evaluation and implementation of mitigation recommendations if applicable, (ii) a determination of impracticality due to topography, or (iii) a benefit cost analysis proving improvements as financially unfeasible.

C. An airport having a license issued prior to October 1, 1995, and not meeting one or more minimum requirements for licensure in effect on October 1, 1995, shall be exempt from having to comply with those noncomplying requirements for as long as the airport remains an active public-use facility unless those noncomplying requirements are caused by natural growth.

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; Volume 30, Issue 4, eff. November 20, 2013.

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