Administrative Code

Virginia Administrative Code
1/28/2022

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 (Repealed.)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Derived from VR 165-01-02:1 § 3.2; repealed, Virginia Register Volume 12, Issue 17, eff.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.

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