Chapter 20. Regulations Governing the Licensing and Operation of Airports and Aircraft and Obstructions to Airspace in the Commonwealth of Virginia
Part I
Definitions
24VAC5-20-10. Definitions.
Words or terms defined in § 5.1-1 of the Code of Virginia are incorporated by reference. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Aircraft" means any contrivance now known or hereafter invented that is controlled, used, and usually occupied by a person for the purpose of navigation and transportation through the air, excepting "hang glider" as defined in § 5.1-1 of the Code of Virginia. Commonly recognized names for aircraft include planes, helicopters, seaplanes, ultralights, and hot air balloons.
"Airline" means an air carrier operation under Federal Aviation Regulations 14 CFR Part 119, 14 CFR Part 121, 14 CFR Part 129, or 14 CFR Part 135 providing scheduled passenger service.
"Airport sponsor" means an entity that is legally, financially, and otherwise able to assume and carry out the certifications, representations, warranties, assurances, covenants, and other obligations required for an airport.
"Antique aircraft" means any aircraft constructed by the original manufacturer or the manufacturer's licensee on or before December 31, 1945.
"Approach surface" means a surface longitudinally centered on the extended runway centerline and extending outward and upward. An approach surface is applied to each end of each runway.
"Aviation" means activities and infrastructure related to transportation by air, including (i) the operation, construction, repair, or maintenance of aircraft, aircraft power plants, and accessories; (ii) the establishment, design, construction, extension, operation, improvement, repair, or maintenance of airports or landing areas; and (iii) navigable airspace, other air navigation facilities, and air instruction.
"Commercial operator" means a person, except an airline, who operates any aircraft for the purpose of rental or charter or for other purposes from which revenue is derived.
"Contract carrier permit" means a permit issued by the department to contract carriers operating under Federal Aviation Regulations 14 CFR Part 61, 14 CFR Part 135, or 14 CFR Part 141 for transport of passengers or freight on demand by air. Owners of aircraft who contract to provide flight instruction in their aircraft for profit are required to have a contract carrier permit.
"Day/VFR Use Only License" means a conditional airport license issued with the restriction that operations at the airport can only occur between sunrise and sunset and only under Visual Flight Rules (VFR) for the purpose of allowing continuing operations at an airport that is not in compliance with the minimum requirement for approach surfaces.
"Department" means the Virginia Department of Aviation.
"Effective runway length" means the distance from the point at which the obstruction clearance plane associated with the approach end of the runway intersects the centerline of the runway and the far end thereof.
"Hazard" means a fixed or mobile structure or object, natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to the landing or taking off of aircraft.
"Helipad" means a small designated area, usually with a prepared surface, on an airport, heliport, landing/takeoff area, apron/ramp, or movement area used for the takeoff, landing, or parking of helicopters.
"Heliport" means (i) an identifiable area on land, water, or structure, including a building or facilities thereon, used or intended to be used for the landing and takeoff of helicopters or other rotorcraft or (ii) appurtenant areas that are used, or intended for use, for heliport buildings or other heliport facilities including rights-of-way, easements, and all heliport buildings and facilities located thereon.
"Noncommercial dealer" means a person who owns and offers for sale a minimum of three aircraft during any consecutive 12-month period, which aircraft are not used for personal use, rental, charter, or for a purpose from which revenue is derived.
"Obstacle" means a fixed or mobile object that interferes with the situating or operation of navigational aids or that may control the establishment of instrument procedures. An obstacle could be located on an area intended for the ground movement of aircraft or would extend above the approach surfaces intended to protect aircraft in flight or the runway object free area.
"Obstruction" means an object, obstacle, or structure that penetrates the approach surfaces or runway object free area at an aircraft landing area. The obstruction may be man-made or of natural growth, including trees.
"Obstruction clearance plane" means a plane sloping upward from the runway at a slope meeting the appropriate requirements to clear all obstructions within a specified area as shown in a profile view of that area.
"Private-Use Landing Area License" means a license issued for a facility not open for public use, including airports, heliports, helipads, and seaplane bases, that is within five nautical miles of a licensed public-use airport, in accordance with § 5.1-7 of the Code of Virginia.
"Runway" means a rectangular surface area that may be turf, paved, or water course that is designed specifically for the purpose of approaching and landing and taking-off and departing of aircraft.
"Runway object free area" means an imaginary area centered on the runway centerline that is clear of aboveground objects protruding above the runway centerline, except for allowable objects necessary for air navigation or aircraft ground maneuvering purposes.
"Runway safety area" means a rectangular area symmetrical about the runway centerline, which includes the runway, runway shoulders, and safety overruns, if present. The portion abutting the edge of the runway shoulders, runway ends, and safety overruns is cleared, drained, graded, and usually turfed. Under normal conditions, the runway safety area is capable of supporting snow removal, firefighting, and rescue equipment and of accommodating the occasional passage of aircraft without causing major damage to the aircraft.
"Safety overrun'' or "stopway" means an area beyond the takeoff runway, no less wide than the runway and centered upon the extended centerline of the runway, able to support an aircraft during an aborted takeoff without causing structural damage to the aircraft and designated by the airport authorities for use in decelerating the aircraft during an aborted takeoff.
"Seaplane base" means an area of water used or intended to be used for the landing and takeoff of aircraft, together with appurtenant shoreside buildings and facilities.
"Structure" means (i) a man-made object, including a mobile object, constructed or erected by man, including buildings, towers, cranes, smokestacks, earth formations, overhead transmission lines, flag poles, and ship masts or (ii) natural objects, including trees.
"Threshold" means the beginning of that portion of the runway identified for the landing of aircraft. A threshold may be displaced, or moved down the runway, to provide for adequate safety provisions.
"UAS" means unmanned aircraft system.
"Ultralight" means an aircraft that (i) is used or intended to be used for manned operation in the air by a single occupant; (ii) is used or intended to be used for recreation and sport purposes only; (iii) does not have a United States or foreign air worthiness certificate; (iv) weighs less than 254 pounds empty weight, excluding floats and safety devices that are intended for deployment in a potentially catastrophic situation; (v) has a fuel capacity not exceeding five United States gallons; and (vi) is not capable of more than 55 knots calibrated airspeed at full power in level flight and has a power-off stall speed that does not exceed 24 knots calibrated airspeed.
"Unmanned aircraft" means an aircraft that is operated without the possibility of human intervention from within or on the aircraft.
Statutory Authority
§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 1.1, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013; Volume 40, Issue 3, eff. October 25, 2023.
Part II
Aircraft
24VAC5-20-20. Aircraft to be licensed.
Every resident of this state owning a civil aircraft, every nonresident owning a civil aircraft based in this state over 60 days during a 12-month period, all aerial application aircraft operating within this state and every owner of a civil aircraft operated in this state as a for-hire intrastate air carrier shall, before the same is operated in this state, apply to the department for, and obtain from the department, an aircraft license for such civil aircraft.
No aircraft as defined in § 5.1-1 of the Code of Virginia, except a public aircraft or a balloon, shall be licensed by the department unless and until the applicant thereof furnishes proof of financial responsibility in the amounts required for each aircraft for which a license is applied for.
Except as provided below, the tax on the sale or use of an aircraft required to be licensed by this Commonwealth shall be paid by the purchaser or user of such aircraft and collected by the Virginia Tax Commissioner prior to the time the owner applies to the Department of Aviation for, and obtains, such license.
The tax on the gross receipts from each aircraft licensed for commercial use shall be paid by the dealer to the Virginia Tax Commissioner on or before the 20th day of each month.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.1, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.
24VAC5-20-30. Application for aircraft license.
An owner or owners who hold a currently effective registration certificate for an aircraft issued by the Federal Aviation Administration shall make application for an aircraft license upon appropriate forms to be prescribed and furnished by the department. Such owner or owners shall provide all information as requested thereon, provided, however, the failure of the Federal Aviation Administration to require registration of an aircraft, including, for example an ultralight, shall not of itself operate to excuse the owner thereof from the licensing requirements contained in 24VAC5-20-20. The owner shall certify every application for an aircraft license.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.2, eff. September 9, 1992.
24VAC5-20-40. Expiration and renewal of licenses.
Every aircraft license issued by the department shall expire 12 months from date of issuance, except for antique aircraft as provided in this section, unless sooner suspended or revoked by the department. Every such license shall be renewed annually upon application of the owner on appropriate forms prescribed and furnished by the department and upon payment of the fees required by this chapter, such renewal shall take effect on the date of issuance.
Every antique aircraft license issued by the department shall expire on the date of sale of such aircraft, unless sooner suspended or revoked by the department.
No license issued by the department for an aircraft shall be transferable.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.3, eff. September 9, 1992.
24VAC5-20-50. License decals to be carried or displayed.
The aircraft license decal issued by the department for an aircraft required to be licensed by this chapter shall be displayed at all times centered below the right-hand horizontal stabilizer on the fuselage or immediately aft of the cabin entry door of such aircraft; it shall be readily visible from the outside of such aircraft and shall be subject to inspection by any person charged with the duty of enforcing the aviation laws of this state.
Aircraft license decals issued to antique aircraft and balloons may, in lieu of being displayed, be carried with the aircraft papers in such aircraft and shall be subject to inspection by any person charged with the duty of enforcing the aviation laws of this state.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.4, eff. September 9, 1992.
24VAC5-20-60. Transfer of registration or interest in aircraft; surrender of license.
The owner of an aircraft licensed by the department under the provisions of this chapter who transfers or assigns his registration or interest in such aircraft shall immediately notify the department in writing of such transfer or assignment and shall furnish the department with the name and address of the person to whom such transfer or assignment was made and shall remove or obliterate the decal license so as to indicate its cancellation prior to delivery of the aircraft to the transferee or assignee and shall request the department to cancel such decal license.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.5, eff. September 9, 1992.
24VAC5-20-70. Commercial, noncommercial and dealer's licensing.
Persons engaged in commercial operations may obtain commercial single aircraft licenses or a commercial fleet license covering all aircraft owned by any such dealer or commercial carrier.
Noncommercial dealer aircraft licenses shall be issued to dealers for demonstration flights only. This license shall not be valid while the aircraft is being used for personal use, rental, charter or for any purpose from which revenue is derived.
Commercial single, commercial fleet or noncommercial dealer aircraft licenses will be issued in lieu of regular licensing for each aircraft and may be obtained from the department upon application therefore upon a form prescribed by the department and the payment of the fees required by this chapter. Such license shall expire one year from the date of the issuance of such license. Upon the issuance of such license, the department shall issue to such licensee decals of distinguishing color which shall be displayed by such licensee as required by 24VAC5-20-50.
Commercial fleet and noncommercial dealers shall submit to the department a report every three months, or quarterly, on forms provided by the department, listing all aircraft owned, leased, sold or purchased, or for sale by such operator during the previous three-month period.
All corporate applicants applying for commercial licenses shall be Virginia corporations or duly authorized to transact business in Virginia.
Such dealer decals may be used on aircraft owned by such dealer when operated in this state by such dealer or his authorized representatives for demonstration for sale.
Commercial air carriers licensed under a commercial fleet aircraft license and providing regular scheduled air service shall be exempt from displaying licensing decals.
Any aircraft sold to or used by the United States or any of the governmental agencies thereof, the Commonwealth of Virginia or any political subdivision thereof, shall be exempt from such commercial license requirements.
Any aircraft operated by any air carrier operating under 14 CFR Part 119, 121, 129 or 135, providing scheduled passenger service, shall be exempt from such commercial license requirements.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.6, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.
24VAC5-20-80. Commercial operators.
In addition to the licensing requirements identified in 24VAC5-20-70, any person who proposes to operate or engage in business as a contract carrier by aircraft, to include carrying passengers or property on demand, pursuant to 14 CFR Part 135, or providing student flight instruction for a fee, pursuant to 14 CFR Part 61 or 141, must first secure a contract carrier permit from the department authorizing them to conduct such operation or to engage in such business. Such permit may be obtained from the department upon application thereof upon a form prescribed by the department and the payment of a one-time fee of $50.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.7, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.
24VAC5-20-90. Lease or rental of unlicensed aircraft.
It shall be unlawful for any person to lease or rent an unlicensed aircraft to any person.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.8, eff. September 9, 1992.
24VAC5-20-100. Operation of aircraft.
All aircraft operations shall be conducted in conformity with Federal Aviation Regulations as amended from time to time and violation of such federal regulations shall also constitute a violation of this chapter.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.9, eff. September 9, 1992.
24VAC5-20-110. Fees.
The annual fee for a license or renewal thereof: noncommercial aircraft shall be $5.00; commercial single aircraft shall be $10; noncommercial dealer aircraft shall be $50 and commercial fleet aircraft shall be $75 payable at the time of application.
The fee for replacement of a lost license shall be $2.00 for either noncommercial or commercial aircraft licenses upon satisfactory proof that such replacement is necessary or in the public interest.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.10, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.
Part III
Airports and Landing Areas
24VAC5-20-120. Licenses.
A. Airports and landing areas, except private landing areas as set forth in § 5.1-7.2 of the Code of Virginia, shall be licensed by the department pursuant to § 5.1-7 of the Code of Virginia and 24VAC5-20-140. Private landing areas as defined in § 5.1-7.2 of the Code of Virginia shall only be registered as provided for in 24VAC5-20-170.
B. Airports and landing areas that are issued licenses pursuant to § 5.1-7 of the Code of Virginia shall be open to the general public on a nondiscriminatory basis. An application for a license shall be signed by the airport sponsor, under oath, on a form prescribed by the department and submitted to the department accompanied by the required supporting documents as specified on the form. An initial license, or renewal thereof, will be issued following department review and determination of compliance with § 5.1-7 of the Code of Virginia and 24VAC5-20-140. A license shall remain in effect for the period specified until modified, suspended, or revoked by the department.
C. Airport sponsors proposing to add or extend runways of an airport or landing area shall apply for a modified license pursuant to § 5.1-7 of the Code of Virginia.
D. If an airport or landing area should continually cease to be open to the public for one year and the airport sponsor wants to reopen the facility to the public, the airport sponsor must reapply for a license in accordance with § 5.1-7 of the Code of Virginia and this section and must be in compliance with 24VAC5-20-140.
E. Licenses must be renewed every seven years or at the discretion of the department based on demonstrated need. License expirations shall be staggered in accordance with criteria set by the department, which include, but are not limited to, changes in legislation, standards, policy, processes, and procedures.
Statutory Authority
§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 3.1, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.
24VAC5-20-130. (Repealed.)
Historical Notes
Derived from VR 165-01-02:1 § 3.2; repealed, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.
24VAC5-20-140. Minimum requirements for licensing.
A. The minimum requirements that are required for initial and continued licensing under § 5.1-7 of the Code of Virginia shall provide for:
1. An effective runway length of at least 2,000 feet for each direction of operation;
2. A minimum runway width of 50 feet;
3. A minimum runway safety area length equal to the length of the runway plus 100 feet at each end of the runway;
4. A minimum runway safety area width of 120 feet centered on the runway centerline;
5. A minimum unobstructed approach surface of 15:1 horizontal to vertical slope at each end of the runway;
6. An approach surface that is centered along the runway centerline and that begins at the threshold at a width of 250 feet, expands uniformly for a distance of 2,250 feet to a width of 700 feet, and continues at the width of 700 feet for a distance of 2,750 feet;
7. A minimum unobstructed runway object free area length equal to the length of the runway;
8. A minimum unobstructed runway object free area width of 250 feet centered on the runway centerline; and
9. A displaced threshold, if an approach surface to either physical end of the runway is obstructed and the obstacle cannot be removed, that shall be located down the runway at the point where the obstruction clearance plane intersects the runway centerline.
B. The minimum requirements for the initial and continued licensing of an airport under the conditional Day/VFR Use Only License in accordance with 24VAC5-20-275 shall provide for:
1. An effective runway length of 2,000 feet in each direction of operation;
2. A minimum runway width of 50 feet;
3. A minimum runway safety area length equal to the length of the runway plus 100 feet at each end of the runway;
4. A minimum runway safety area width of 120 feet centered on the runway centerline;
5. A minimum unobstructed approach surface of 15:1 horizontal to vertical slope at each end of the runway; and
6. An approach surface that is centered along the runway centerline and that begins at the threshold at a width of 120 feet, expands uniformly for a distance of 500 feet to a width of 300 feet, and continues at the width of 300 feet for a distance of 2,500 feet.
C. The minimum requirements for the initial and continued licensing of a heliport open for public use under § 5.1-7 of the Code of Virginia shall provide for minimum standard dimensions as provided in the Federal Aviation Administration Advisory Circular 150/5390-2B Heliport Design, effective September 30, 2004.
D. The minimum requirements for the initial and continued licensing of a seaplane base open for public use under § 5.1-7 of the Code of Virginia shall provide for minimum standard dimensions as provided in the Federal Aviation Administration Advisory Circular 150/5395 Seaplane Bases, effective June 29, 1994.
E. In addition to the investigation required for safety provisions as outlined in § 5.1-7 of the Code of Virginia, a detailed consideration of the economic, social, and environmental effects of the airport location shall be conducted for applications for new and modified licenses. These considerations shall include one or more public hearings as required to assure consistency with the goals and objectives of planning as has been carried out by the community.
F. Proof of financial responsibility prescribed in Chapter 8.2 (§ 5.1-88.7 et seq.) of Title 5.1 of the Code of Virginia must be furnished at the time of application of license, and this financial responsibility thereafter must be maintained.
Statutory Authority
§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 3.3, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.
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.
24VAC5-20-150. Transfer of licenses.
A. No license issued by the department for the operation of an airport or landing area may be transferred by the licensee without first obtaining the approval of the department.
B. Application for approval of a transfer of a license shall be made on the form prescribed by the department and accompanied by the required supporting documents as specified on the form. Approval may be granted only after satisfactory evidence has been submitted that shows the proposed transferee (i) is capable of operating the airport or landing area in accordance with the laws of this Commonwealth and these regulations and (ii) is financially responsible per Chapter 8.2 (§ 5.1-88.7 et seq.) of Title 5.1 of the Code of Virginia and has paid or guaranteed payment of all financial commitments due the Commonwealth under Chapter 1 (§ 5.1-1 et seq.) of Title 5.1 of the Code of Virginia or this chapter.
C. Before a transfer shall be made, the transferee by written agreement shall assume the unfulfilled obligation to the Commonwealth to operate the airport or landing area under any and all agreements executed by any prior licensee or licensees of such airport or landing area to procure state funds for the airport or landing area.
D. Upon conveyance, death, dissolution, or bankruptcy of a licensee, the department should be notified of the occurrence within 60 days, and the airport license may be transferred upon approval of the department.
Statutory Authority
§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 3.4, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.
24VAC5-20-160. Seaplane bases.
Seaplane bases may be established in, over, and upon any waters of this Commonwealth or any submerged land under such waters. Seaplane bases used or intended for public use need to be licensed in accordance with 24VAC5-20-120 and 24VAC5-20-140. Seaplane bases not used or intended for public use need to be registered or licensed in accordance with 24VAC5-20-170.
Statutory Authority
§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 3.5, eff. September 9, 1992; amended, Virginia Register Volume 30, Issue 4, eff. November 20, 2013.
24VAC5-20-170. Private airports or landing areas.
A. A person establishing or owning a private landing area, including airports, heliports, helipads, and seaplane bases, shall be required only to register the facility if it is more than five nautical miles from a licensed public-use airport.
B. A person establishing or owning a private landing area, including airports, heliports, helipads, and seaplane bases, within five nautical miles of a licensed public-use airport shall be required to secure a Private-use Landing Area License for the facility if the applicant airport does not pose a hazard to the airspace and utilization by aircraft of the licensed public-use airport in question. These licenses shall be issued once and do not have to be renewed.
C. Application for the registration or licensing of a private landing area, including airports, heliports, helipads, and seaplane bases, shall be made on the form prescribed by the department and accompanied by the required supporting documents as specified on the form, including written documentation with respect to zoning, special use permit, or other land use requirements.
D. Aircraft landing at private landing areas, including airports, heliports, helipads, and seaplane bases, shall have prior approval of the landowners or controlling agency when reasonably practical. Aircraft landing at other than licensed public-use airports without prior approval shall not be removed therefrom without the consent of the owner or lessee of the property.
E. Privately-owned or publicly-owned hospitals may establish and maintain airports, heliports, helipads, or landing areas and may restrict the public use of these facilities to the takeoff and landing of aircraft for hospital related uses only.
Statutory Authority
§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 3.6, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.
24VAC5-20-180. Fees.
A. The fee for issuing a license for an airport, heliport, seaplane base, or landing area open for public use in accordance with 24VAC5-20-120 shall be $25. The fee for a license renewal, modification, or transfer shall be $25.
B. No fee is charged for licensing a private-use landing area under 24VAC5-20-120 or registering a private-use landing area under 24VAC5-20-170.
Statutory Authority
§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 3.7, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.
Part IV
Obstructions to Airspace
24VAC5-20-190. Determination of hazard.
The airport sponsor shall be responsible for insuring that an aeronautical study is conducted when needed to satisfy the requirements of this regulation to determine the effect of a structure, either man-made or natural, that penetrates the approach surfaces or runway object free area upon the safe and efficient operation of a licensed, military, or government air navigation facility or airport. This determination shall be made based on criteria as defined by 24VAC5-20-200. If a structure constitutes an obstruction in accordance with these criteria, it shall be presumed to be a hazard until determined otherwise by the board.
Statutory Authority
§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 4.1, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.
24VAC5-20-200. Obstruction criteria.
A study required by this chapter shall consider, but not be limited to, at least the following factors: (i) Federal Aviation Regulations 14 CFR 77.25, 14 CFR 77.28, and 14 CFR 77.29; (ii) airport traffic patterns; (iii) Instrument Flight Rules (IFR) airways and routes; (iv) Visual Flight Rules (VFR) routes and designated practice areas; (v) terminal airspace; and (vi) instrument approach procedures.
Statutory Authority
§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 4.2, eff. September 9, 1992; amended, Virginia Register Volume 30, Issue 4, eff. November 20, 2013.
24VAC5-20-210. Obstruction permit procedure.
A. This process shall not be applicable in those counties, cities, and towns that have satisfied the local ordinance provisions of § 15.2-2294 of the Code of Virginia.
B. A person seeking an obstruction permit from the board, as required by § 5.1-25.1 of the Code of Virginia, pertaining to structures hazardous to air navigation shall provide to the department a copy of Federal Aviation Administration Form 7460-1 Notice of Proposed Construction or Alternation submitted to the Federal Aviation Administration and a copy of the response from the Federal Aviation Administration when available.
C. Upon receipt of a request, the department shall (i) conduct an analysis of the request using the criteria in 24VAC5-20-190 and 24VAC5-20-200 within 120 days from the date of receipt, unless it advises the applicant that the analysis will require additional time; (ii) supply the applicant with available information pertaining to the obstruction analysis and the date and location of the board meeting at which the request will be presented to the board; and (iii) forward to the board its analysis in the form of a staff report with the recommendations regarding the permit request.
D. The board shall consider a permit request at the next regularly scheduled meeting following the completion of the department staff report. Its consideration may include, but is not limited to, the department's staff report, verbal and written testimony of the applicant, analysis by the Federal Aviation Administration, and comments from the local jurisdiction or jurisdictions where the structure is to be located. All decisions issued by the board shall be issued in writing stating the reasons for same. An affirmative decision may be accompanied by conditions deemed appropriate by the board including, but not limited to, obstruction marking, lighting, and similar safety features.
E. The applicant, if given an affirmative decision by the board, shall not be relieved by that decision of local, state, or federal requirements as to zoning, building, variance, or other permits as may be required.
Statutory Authority
§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 4.3, eff. September 9, 1992; amended, Virginia Register Volume 30, Issue 4, eff. November 20, 2013.
24VAC5-20-220. Model airport safety zoning ordinance.
A county, city, or town in the Commonwealth seeking to comply with the mandate of § 15.2-2294 of the Code of Virginia to enact local obstruction ordinances shall abide by the following:
1. The Model Airport Safety Zoning Ordinance developed by the department shall be used as a guide by localities. A copy of the model ordinance is found in Appendix A (24VAC5-20-400) of this chapter.
2. The provisions of a locally adopted ordinance shall be in substantial conformity with the Model Airport Safety Zoning Ordinance. Substantial conformity shall include, but not be limited to, protection of airspace from intrusions as described in Articles 3, 4, and 7 of the model.
3. The department may, at the request of a local governing body, review an ordinance submitted prior to adoption by a locality. In conducting its review, the department shall make an evaluation regarding the integrity of an ordinance with respect to the requisites of the Model Airport Safety Zoning Ordinance. The review of the department may include, but not be limited to, the evaluation with respect to the model ordinance, comments of the locality, and its opinion concerning the expected effectiveness of the ordinance as it relates to the general intent of § 15.2-2294 of the Code of Virginia.
Statutory Authority
§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 4.4, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.
Part V
[Repealed]
24VAC5-20-230. (Repealed.)
Historical Notes
Derived from VR 165-01-02:1 §§ 5.1 through 5.5; repealed, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.
Part VI
Modification, Suspension, or Revocation of Licenses
24VAC5-20-275. Conditional licenses.
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.
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. Extend the conditional use license for a specified time period;
2. Issue a "Day/VFR Use Only License";
3. Issue a waiver in accordance with 24VAC5-20-145;
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.
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.
24VAC5-20-280. Sanctions, notices, and appeals.
A. The department may immediately temporarily modify or suspend a license or permit issued pursuant to Chapter 1 (§ 5.1-1 et seq.) of Title 5.1 of the Code of Virginia and this chapter for violation of any of the provisions of the aviation laws of Virginia or of this chapter, at the instance of any person, upon duly sworn affidavit of the person, or upon its own motion. A sanction shall be effective upon receipt of written notice of the sanction by the licensee at his last known address as disclosed by the records of the department. A temporary sanction shall be effective for a period not to exceed 90 days.
B. The department may revoke a license or permit issued pursuant to Chapter 1 (§ 5.1-1 et seq.) of Title 5.1 of the Code of Virginia and this chapter for violation of any of the provisions of the aviation laws of Virginia or of this chapter, at the instance of a person, by duly sworn affidavit of the person, or upon its own motion. An action shall be effective 10 days after receipt of written notice of the action by the licensee at his last known address as disclosed by the records of the department, unless the licensee shall, before that time, show cause why the sanction should not be imposed.
C. Suspensions or revocations by the department may be appealed by filing a written notice of appeal with the director of the department within 10 days of receipt of the notice of sanction, requesting an opportunity to be heard and to present evidence in an informal fact finding as defined in the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). An opportunity will be afforded by the director within 21 days of receipt by him of the written notice of appeal. The director will give written notice to the licensee of his decision to affirm, modify, or rescind the sanction within 10 days after this hearing.
D. The sanctions enumerated in this regulation shall be cumulative with other enforcement powers conferred upon the department by these regulations or by statute, and no action taken hereunder shall limit the jurisdiction of the department to impose other penalties authorized by these regulations or by statute. From the case decision of the director of the department, an appeal lies as set out in the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
Statutory Authority
§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 6.1, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.
Part VII
General
24VAC5-20-290. Report of accidents.
The pilot, or any member of the crew able to do so, or the owner or lessee of an aircraft involved in an accident as defined in 49 CFR Part 830 shall immediately report such accident to the Virginia State Police.
State police and local police authorities of any city, incorporated town or county, shall preserve aircraft wreckage until the arrival of the National Transportation Safety Board (NTSB) or the Federal Aviation Administration. Until the NTSB or its authorized representative takes custody of aircraft wreckage, mail, or cargo, such wreckage, mail and cargo may be disturbed or moved only to the extent necessary:
1. To remove persons injured or trapped;
2. To protect the wreckage from further damage; or
3. To protect the public from injury.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 7.1, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.
24VAC5-20-300. Hazard notification.
Public-use airport and landing area owners, operators, and managers shall maintain vigilance as to airport conditions and shall notify the nearest Federal Aviation Administration Flight Service Station and the department whenever known hazards to aircraft exist at an airport or landing area. Known hazards are conditions that create an unsafe situation.
Statutory Authority
§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 7.2, eff. September 9, 1992; amended, Virginia Register Volume 30, Issue 4, eff. November 20, 2013.
24VAC5-20-310. Emergency services.
The department, in the interest of the public, will exercise direction and surveillance of the programs of the Department of Emergency Services which relate to aviation within the state.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 7.3, eff. September 9, 1992.
24VAC5-20-320. Use of department's aircraft by other state agencies.
Upon request, the department may authorize the use of its aircraft by other state agencies. The department shall be reimbursed by any such agency for such use on the basis of the direct and indirect cost per flying hour of its aircraft as determined by the department. All sums collected for such use shall be credited to the Aviation Special Fund.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 7.4, eff. September 9, 1992.
24VAC5-20-330. Aviation facilities constructed in whole or in part with state funds.
Before funds appropriated by the General Assembly of Virginia for the promotion of aviation or the construction or improvement of aviation facilities at a public-use airport, heliport, or seaplane base owned by a county, city, town, individual, corporation, authority, or commission may be allocated, the airport sponsor thereof shall enter into a written agreement with the department, acting through the director, that shall provide for operation of the airport, heliport, or seaplane base as a public-use facility for a minimum period of 20 years or as specified within a written agreement. The airport sponsor of an aviation facility and its transferees, successors, and assignees who fail to fulfill the period of operation specified in any such agreement shall be liable for the return of these state funds on a pro rata basis.
Statutory Authority
§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 7.5, eff. September 9, 1992; amended, Virginia Register Volume 30, Issue 4, eff. November 20, 2013.
24VAC5-20-340. Enforcement.
It shall be the duty of the department to assist all law-enforcement officers of this state in the enforcement of the provisions of Title 5.1 of the Code of Virginia and this chapter promulgated pursuant thereto.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 7.6, eff. September 9, 1992.
24VAC5-20-350. Annual aircraft survey and report of financial responsibility.
To provide an annual physical count of based aircraft, all Virginia licensed or registered airports shall submit annually a survey of all based aircraft with information as required on a form provided by the department.
Annually, the owner or operator of each licensed airport or landing area shall provide to the department, on appropriate forms prescribed and furnished by the department or by a certificate provided by the insurance carrier setting out the name of the insurance carrier and the coverage provided, the term of such coverage. In the event the coverage is canceled or terminated for any reason, notice of such action shall be filed with the department within 30 calendar days.
The department must receive such annual aircraft survey and annual proof of financial responsibility within 45 days of survey transmittal. Submission of the financial responsibility report is considered a minimum requirement for licensure as described in subdivision 9 of 24VAC5-20-140. Failure to submit both the annual aircraft survey and annual proof of financial responsibility may cause the department to seek sanctions as provided for in Part VI (24VAC5-20-275 et seq.).
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 7.7, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.
24VAC5-20-360. (Repealed.)
Historical Notes
Derived from VR 165-01-02:1 § 7.8; repealed, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.
24VAC5-20-370. Posting of traffic patterns and chart of local student practice area.
Each airport sponsor at a commercial, public-use licensed airport or landing area shall post and keep posted a copy of the airport traffic pattern and an aeronautical chart with the local student practice area clearly outlined thereon in a conspicuous place available to airmen at such airport or landing area. Nothing in this section shall prohibit an airport sponsor from assigning this responsibility to the airport's fixed base operator, if it has one, or other individual or firm by contract, agreement or other arrangement.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 7.9, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.
24VAC5-20-380. Posting of regulations.
Each airport sponsor at a commercial, public-use licensed airport or landing area shall post and keep posted a copy of these regulations. Nothing in this section shall prohibit an airport sponsor from assigning this responsibility to the airport's fixed base operator, if it has one, or other individual or firm by contract, agreement or other arrangement.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 7.10, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.
24VAC5-20-390. Effective date.
These regulations shall become effective as provided for in the Administrative Process Act.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 7.11, eff. September 9, 1992.
24VAC5-20-400. Appendix A: Airport Safety Zoning Ordinance.
PREAMBLE
AN ORDINANCE regulating and restricting the height of structures and objects or natural growth, and otherwise incidentally regulating the use of property in the vicinity of the airports in (-insert name of locality-) by creating the appropriate zones and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; defining certain terms used herein; providing for enforcement; and imposing penalties.
The ordinance is adopted pursuant to the authority conferred by §§ 15.1-427 through 15.1-503 of the Code of Virginia. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the airports and residents in (-insert name of locality-); and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airports and the public investment therein. Accordingly, it is declared:
1. That is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of obstructions that are hazards to air navigation be prevented;
2. That the creation or establishment of an obstruction has the potential for being a public nuisance and may injure the area served by the airports;
3. That the (-insert name of locality-) derives economic development and enhanced interstate commerce from (-insert name of airports(s)) that are held strictly to the highest possible safety standards; and
4. That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
Be it ordained by (-insert name of local governing body-):
Article 1.
SHORT TITLE.
§ 1.1. This ordinance shall be known and may be cited as the (-insert name of locality-) Airport Safety Zoning Ordinance.
Article 2.
DEFINITIONS.
§ 2.1. As used in this ordinance, the following terms shall have the meanings respectively ascribed to them, unless the context clearly requires otherwise:
"Administrator": The official charged with the enforcement of this ordinance. He or she shall be the (-insert title of designated local official-).
"Airport": (-insert name of affected airport or airports-).
"Airport elevation": The highest point on any usable landing surface expressed in feet above mean sea level.
"Approach surface": A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface, and at the same slope as the approach zone height limitation slope set forth in Article 4 of this ordinance. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.
"Approach, transitional, horizontal, and conical zones": The airspace zones as set forth in Article 3 of this ordinance.
"Conical surface": A surface extending horizontally twenty feet for every one foot vertically from the periphery of the horizontal surface.
"Hazard to air navigation": An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe and efficient utilization of navigable airspace in the Commonwealth.
"Height": For the purpose of determining the height limits in all zones set forth in this ordinance and shown on the zoning map, the datum shall be mean sea level (M.S.L.) elevation unless otherwise specified.
"Horizontal surface": A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
"Nonconforming use": Any preexisting structure or object of natural growth which is inconsistent with the provisions of this ordinance or any amendment to this ordinance.
"Obstruction": Any structure, growth, or other object, including a mobile object, which exceeds a limiting height, or penetrates any surface or zone floor, set forth in Article 4 of this ordinance.
"Permit": A document issued by (-insert name of locality-) allowing a person to begin an activity which may result in any structures or vegetations exceeding the height limitations provided for in this ordinance.
"Person": Any individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. The term includes a trustee, a receiver, an assignee, or a similar representative of any of them.
"Primary surface": A surface, with a specified width as provided in Article 3 of this ordinance, longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
"Runway": A specified area on an airport prepared for landing and takeoff of aircraft.
"Structure": Any object, including a mobile object, constructed or installed by any person, including but not limited to buildings, towers, cranes, smokestacks, earth formations, towers, poles, and electric lines of overhead transmission routes, flag poles, and ship masts.
"Transitional surfaces": Surfaces which extend outward perpendicular to the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.
"Vegetation": Any object of natural growth.
"Zone": All areas provided for in Article 3 of this ordinance, generally described in three dimensions by reference to ground elevation, vertical distances from the ground elevation, horizontal distances from the runway centerline and the primary and horizontal surfaces, with the zone floor set at specific vertical limits by the surfaces found in Article 4 of this ordinance.
Article 3.
AIRPORT SAFETY ZONES.
§ 3.1. In order to carry out the provisions of this ordinance, there are hereby established certain zones which include all of the area and airspace of (-insert name of locality-) lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to (-insert name of airport or airports-). These zones are established as overlay zones, superimposed over the existing base zones, being more specifically zones of airspace that do not affect the uses and activities of the base zones except as provided for in Article 5 of this ordinance. An area located in more than one of the following zones is considered to be only in the zone with the most restrictive height limitation. These zones are as follows:
"Airport zone": A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface.
"Approach zone": A zone that extends away from the runway ends along the extended runway centerline, with the floor set by the approach surfaces.
"Transitional zone": A zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the transitional surfaces.
"Conical zone": A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface.
The source of the specific geometric standards for these zones are to be found in Part 77.25, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is found in Appendix A of this ordinance.
Article 4.
AIRPORT SAFETY ZONE HEIGHT LIMITATIONS.
§ 4.1. Except as otherwise provided in this ordinance, in any zone created by this ordinance no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface, known as the floor, of any zone provided for in Article 3 of this ordinance at any point.
§ 4.2. The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Part 77.25, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is found in Appendix A of this ordinance.
Article 5.
USE RESTRICTIONS.
§ 5.1. Notwithstanding any other provision of this ordinance, and within the area below the horizontal limits of any zone established by this ordinance, no use may be made of land or water in such a manner as to:
1. Create electrical interference with navigational signals or radio communication between the airport and airborne aircraft;
2. Diminish the ability of pilots to distinguish between airport lights and other lights;
3. Result in glare in the eyes of pilots using the airport;
4. Impair visibility in the vicinity of the airport;
5. Create the potential for bird strike hazards; or
6. Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
Article 6.
NONCONFORMING USES.
§ 6.1. Except as provided in § 6.2 of this ordinance, the regulations prescribed by this ordinance shall not require the removal, lowering, or other change or alteration of any structure or vegetation not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this ordinance shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this ordinance, and is diligently prosecuted.
§ 6.2. Notwithstanding the provision § 6.1, the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the administrator to indicate to operators of aircraft the presence of that airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the airport owners, and not the owner of the nonconforming structure in question.
Article 7.
PERMITS.
§ 7.1. Except as provided in §§ 7.1, 7.2, and 7.3 of this Article, no structure shall be erected or otherwise established in any zone created by this ordinance unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which desired with and sufficient geometric specificity to determine whether the resulting structure would conform to the regulations prescribed in this ordinance. No permit for a structure inconsistent with this ordinance shall be granted unless a variance has been approved as provided in § 7.4.
§ 7.2. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this ordinance or any amendments thereto other than with relief as provided for in § 7.4.
§ 7.3. Whenever the administrator determines that a nonconforming structure has been abandoned or more than fifty percent destroyed, physically deteriorated, or decayed, no permit shall be granted that would enable such structure to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the zoning regulations contained in this ordinance, except with the relief as provided for in § 7.4.
§ 7.4. Any person desiring to erect or increase the height or size of any structure not in accordance with the regulations prescribed in this ordinance may apply for a variance from such regulations to the (-insert board of zoning appeals or other entity-). Such application shall be properly advertised and be reviewed and considered through a public hearing. Prior to being considered by the (-insert board of zoning appeals or other entity-) the application for variance shall be accompanied by a determination from the Virginia Department of Aviation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall only be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this ordinance. Additionally, no application for a variance to the requirements of this ordinance may be considered by the (-insert board of zoning appeals or other entity-) unless a copy of the application has been furnished to the airport owner for advice as to the aeronautical effects of the variance. If the airport owner does not respond to the application within fifteen days after receipt, the (-insert board of zoning appeals or other entity-) may act independent of the airport owner's position to grant or deny the variance.
§ 7.5. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this ordinance and be reasonable in the circumstances, be so conditioned as to require the owner of the structure in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the administrator. If deemed proper with reasonable cause by the (-insert board of zoning appeals or other entity-), this condition may be modified to require the owner of the structure in question to permit the airport owner, at his own expense, to install, operate, and maintain the necessary markings and lights.
Article 8.
ENFORCEMENT.
§ 8.1. The administrator shall administer and enforce the regulations prescribed in this ordinance. He or she shall be vested with the police power incumbent to carry out and effectuate this ordinance, including the action of injunction, prosecution and other available means through the (-insert name of circuit court having jurisdiction in the locality-). Applications for permits and variances shall be made to the administrator on a form published for that purpose.
Article 9.
APPEALS.
§ 9.1. Any person aggrieved, or any officer, department, board, or bureau of (-insert name of locality-) affected by a decision of the administrator may appeal such decision to the (-insert board of zoning appeals or other entity-).
Article 10.
JUDICIAL REVIEW.
§ 10.1. Any person aggrieved or any taxpayer adversely affected by any decision of the (-insert board of zoning appeals or other entity-) may appeal to the (-insert name of circuit court having jurisdiction in the locality-).
Article 11.
PENALTIES.
§ 11.1. Each violation of this ordinance or of any regulation, order, or ruling promulgated under this ordinance shall constitute a misdemeanor and be punishable by a fine of no more than five hundred dollars. Each day on which a violation occurs shall constitute a separate offense.
Article 12.
CONFLICTING REGULATIONS.
§ 12.1. Where there exists a conflict between any of the regulations or limitations prescribed in this ordinance and any other regulations applicable to the same subject, where the conflict is with respect to the height of structures or vegetation and the use of land, or any other matter, the more stringent limitation or requirement shall govern.
Article 13.
SEVERABILITY.
§ 13.1. Should any portion or provision of this ordinance be held by any court to be unconstitutional or invalid, that decision shall not affect the validity of the ordinance as a whole, or any part of the ordinance other than the part held to be unconstitutional or invalid.
Article 14.
ADOPTION.
§ 14.1. Be it resolved that this ordinance has been properly drawn, legally advertised, and presented through a public hearing before the governing body of (-insert name of locality-) on (-insert month, day, year-). Be it further resolved that the effective date of this ordinance is (-insert month, day, year-) and that the ordinance from that date forward carries the full weight of law within (-insert name of locality-) until and unless altered otherwise by the governing body.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 12, Issue 17, eff. June 12, 1996.
Part VIII
Unmanned Aircraft
24VAC5-20-410. Definitions for Part VIII, Unmanned Aircraft.
The following words and terms, when used in this part, shall have the following meanings unless the context clearly indicates otherwise:
"Commercial operator" means a person operating a UAS for a commercial purpose in compliance with applicable Federal Aviation Administration regulations.
"Emergency response personnel" means the officials and employees of governmental and nongovernmental entities responding to or supporting emergency response operations, including search and rescue, law enforcement, hazardous materials, fires, car crashes, and natural or man-made disasters.
"Locality" or "local government" means a county, city, or town.
"Operator" means the person who is directly responsible for the operation of an unmanned aircraft.
"Property owned" means any real property owned through fee interest, together with all buildings and other structures, facilities, or improvements located on the real property.
"Political subdivision" means (i) a locality, (ii) a school division, or (iii) any park authority, jail authority, or airport authority that has the power to enact or promulgate ordinances or regulations having the force or effect of law.
"Recreational operator" means a person who is operating an unmanned aircraft solely for a recreational purpose and is fully in compliance with 49 USC § 44809.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 40, Issue 3, eff. October 25, 2023.
24VAC5-20-420. Political subdivision powers.
A. Any political subdivision may regulate the take-off and landing of an unmanned aircraft on property owned by the political subdivision, in a manner consistent with this part. All regulations of any political subdivision, whether enacted by ordinance or resolution by a locality or adopted by a political subdivision other than a locality, must comply with this part of this chapter.
B. The regulations may provide for times when take-offs and landings are allowed.
C. The regulations may designate specific properties of increased concern for public safety or risk to natural resources where an operator seeking to use the property must show (i) the purpose of the take-off and landing, (ii) what steps the operator will take to limit risk to the public or to natural resources, and (iii) information to demonstrate that the take-off and landing can be carried out without harm to the identified public safety risk or natural resources. On such properties, the regulation may deny permission to take-off or land unmanned aircraft, unless the operator can demonstrate the safety of the take-off and landing, based on the information provided.
Prior to designating any properties pursuant to this subsection, the political subdivision must show the basis for the designation. The designation must be based on a significant and specific risk to public safety or to natural resources. Every area designated pursuant to this subsection must include a map showing, with specificity, the area of prohibited use. The map and any related documents must be provided in electronic, computable, machine-readable, and transmissible form.
D. For unmanned aircraft with a takeoff weight of 55 pounds or more, the regulations may require the operator to provide information prior to any take-off or landing, demonstrating the safety of the take-off and landing. This subsection is inapplicable to any licensed airport or licensed UAS facility.
E. No political subdivision shall require a permit for operators for take-off and landing unmanned aircraft in areas designated for unmanned aircraft use. This subsection shall not apply to unmanned aircraft covered by subsection C of this section.
F. No political subdivision shall regulate the take-off and landing of unmanned aircraft with a ready-for-take-off weight of less than 0.55 pounds, except on properties regulated pursuant to the authority in subsection B of this section.
G. Any political subdivision may provide or participate in offering UAS classes, competitions, and similar events on its property.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 40, Issue 3, eff. October 25, 2023.
24VAC5-20-430. Procedure for adopting an ordinance or regulation.
A. Any locality that proposes to regulate the take-off and landing of unmanned aircraft on property owned by it shall enact such regulations by ordinance or resolution. Any other political subdivision shall adopt regulations for such purposes.
B. No proposed ordinance or regulation may be advertised for a public hearing until the political subdivision has submitted the regulation to the department for comment and the department has notified the political subdivision that the ordinance or regulation is consistent with this chapter.
C. A locality may regulate the use of unmanned aircraft by ordinance or resolution. The locality shall hold a public hearing prior to adoption of regulations. The locality shall advertise the hearing and the substance of the ordinance or regulation on the locality website for a minimum of 14 days, displayed where public hearings are set out on the locality's website and shall include the advertising in the applicable social media feeds of the locality for the same period of time. The regulation must be based on findings of need for public safety protection or protection of specific natural resources.
D. Any political subdivision other than a locality shall hold a public hearing prior to adoption of a regulation. The other political subdivision shall advertise the hearing and the substance of the regulation on the subdivision's website for a minimum of 14 days, displayed where public hearings are set out on the political subdivision's website and shall include notice of the advertising in the applicable social media feeds of the subdivision for the same period of time. The regulation must be based on findings of need for public safety enhancement protection or protection of specific natural resources.
E. Every political subdivision shall report the adoption of any regulation permitted by this chapter to the Department of Aviation within 14 days of adoption. The report shall include an electronic copy of the regulations, policies, maps, and any other documents related to the regulation with links to the political subdivision's regulation. No regulation shall take effect until it is published on the department's website.
F. The department will publish all new or revised regulations or ordinances or provide links to the political subdivision's website pages containing such information within 14 days of receipt from the political subdivision. The department shall publish and update annually on its website, and any other website the department deems appropriate, a summary of any such regulations or ordinances adopted.
G. If, at any time, the department deems a political subdivision's local regulation to be inconsistent with this chapter, the department will inform the subdivision of the discrepancies. The political subdivision shall amend its regulation to eliminate the discrepancies.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 40, Issue 3, eff. October 25, 2023.
24VAC5-20-440. Exceptions.
A. No ordinance or regulation may prohibit:
1. The take-off or landing of an unmanned aircraft by a commercial operator in compliance with Federal Aviation Administration regulations or as deemed reasonable or necessary by private or public entities for emergency or maintenance support functions or services, including the protection and maintenance of public or private critical infrastructure;
2. The landing of an unmanned aircraft by an operator in compliance with Federal Aviation Administration regulations as deemed reasonable or necessary by the operator in the event of a technical malfunction of an unmanned aircraft system;
3. The take-off or landing of an unmanned aircraft being operated by a sworn public safety officer or other emergency response personnel in the performance of the public safety officer's duties;
4. The take-off or landing of an unmanned aircraft owned or operated by the United States government or any operator under contract with any agency of the United States government in performance of the officer's assigned duties;
5. The take-off or landing of an unmanned aircraft by a commercial operator done as a part of the response to an emergency declared by the Governor or a local emergency declared pursuant to the laws of the Commonwealth; or
6. The take-off or landing of unmanned aircraft by employees and agents of a political subdivision on that political subdivision's lands.
B. No political subdivision's local regulation enacted pursuant to the authority in this chapter shall apply to take-offs and landings on the vehicular travel portions of public highways or streets or to rights of ways adjacent to travel portions of the highways or streets.
C. If a private entity has exclusive use of more than one-half acre of public property for a specific event, such as a concert, sports activity, or family event, any local regulation may allow the entity to launch and land its own unmanned aircraft at the event and may allow an operator employed by the entity to launch and land unmanned aircraft during the event on that property only.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 40, Issue 3, eff. October 25, 2023.
24VAC5-20-450. Federal laws and regulations.
Nothing in this chapter shall allow any use of unmanned aircraft in any manner inconsistent with federal laws and regulations, including Title 14 of the Code of Federal Regulations.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 40, Issue 3, eff. October 25, 2023.
Forms (24VAC5-20)
Application for Public-Use Airport License or License Modification (rev. 12/13)
Application for Public-Use Airport License Renewal (eff. 12/10)
Application for Private-Use Airport Registration or License (eff. 12/10)
Notice of Proposed Construction or Alteration, FAA Form 7460–1 (eff. 2/12)
Airport License Reclassification Application, 200 DOAVS (eff. 10/13)
Application for Waiver of Minimum Requirements to a Public-Use Airport License (eff. 12/13)
Documents Incorporated by Reference (24VAC5-20)