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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>60707</law_id><section_number>5.1-7</section_number><catch_line>Licensing of airports and landing areas</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>33.2-1916</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="5.1">Aviation</unit><unit label="chapter" level="2" order_by="1" identifier="1">Aircraft, Airmen and Airports Generally</unit><unit label="article" level="3" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>Except as provided in &#xA7;&#xA0;<a class="law" title="Registration of private landing areas not within five miles of commercial airport" href="/5.1-7.2/">5.1-7.2</a>, every <span class="dictionary">person</span>, before operating an <span class="dictionary">airport</span> or <span class="dictionary">landing area</span> or adding or extending a runway, shall first secure from the <span class="dictionary">Department</span> a license. The application therefor shall be made on the form prescribed and furnished by the <span class="dictionary">Department</span> and shall be accompanied by a fee not exceeding $100.
		Such license shall be issued for a period not to exceed seven years and shall be renewed every seven years. Before issuing such license, the <span class="dictionary">Department</span> shall require the holder of such license to furnish proof of financial responsibility prescribed in Chapter 8.2 (&#xA7;&#xA0;<a class="law" title="Proof of financial responsibility to be furnished for licensed airports or landing areas" href="/5.1-88.7/">5.1-88.7</a> et seq.).
		It shall be unlawful for any <span class="dictionary">person</span> to operate any <span class="dictionary">airport</span> or <span class="dictionary">landing area</span> which is open to the general public for the landing or departure of any aircraft until a license therefor shall be issued by the <span class="dictionary">Department</span>.
		Before issuing such license for the establishment of a new <span class="dictionary">airport</span>, the <span class="dictionary">Department</span> shall investigate the location of such <span class="dictionary">airport</span> or <span class="dictionary">landing area</span> with the relation to its proximity to and its runway orientation in relation to any other <span class="dictionary">airport</span> or <span class="dictionary">landing area</span> and shall provide for the safety of <span class="dictionary">civil aircraft</span> alighting thereon or departing therefrom. If the proposed <span class="dictionary">airport</span> or <span class="dictionary">landing area</span> shall be so situated as to endanger aircraft using the same or any other <span class="dictionary">airport</span> or <span class="dictionary">landing area</span> in close proximity, and if proper provisions have not been made in all other respects for the safety of aircraft alighting thereon or departing therefrom, the license shall not be granted. To be licensed, an <span class="dictionary">airport</span> required to be licensed under &#xA7;&#xA0;<a class="law" title="Registration of private landing areas not within five miles of commercial airport" href="/5.1-7.2/">5.1-7.2</a> must meet this criterion and any applicable requirement provided for in regulation promulgated under this section, but no others.
		The <span class="dictionary">Board</span> may, by regulation, adopt any other requirements for licensure that are related to the safety of <span class="dictionary">civil aircraft</span> using such <span class="dictionary">airport</span> or <span class="dictionary">landing area</span>. Any <span class="dictionary">airport</span> having a license issued prior to October 1, 1995, and not meeting one or more minimum standards as defined in Part III (24VAC5-20-120 et seq.) of the Virginia Aviation Regulations, shall be exempt from having to comply with those noncomplying standards for as long as the <span class="dictionary">airport</span> remains an active public-use facility unless those noncomplying standards are caused by natural growth. Should such <span class="dictionary">airport</span> cease to be open to the public for one year, and subsequently reopen, it shall be required to comply with all applicable minimum standards for licensure.
		In addition to the above safety requirements, before a license is initially issued, the <span class="dictionary">Department</span> shall consider the reviews and comments of appropriate state agencies coordinated by the <span class="dictionary">Department</span> of Environmental Quality, and shall cause a public <span class="dictionary">hearing</span> to be held concerning the economic, social and environmental effects of the location or runway orientation of the <span class="dictionary">airport</span> or <span class="dictionary">landing area</span> if the facility is listed in the Virginia Air Transportation System Plan; however, such coordinated review by the <span class="dictionary">Department</span> of Environmental Quality shall not exceed 90 days after the <span class="dictionary">Department</span> has requested review by the <span class="dictionary">Department</span> of Environmental Quality. The public <span class="dictionary">hearing</span> required by this section shall be conducted by the <span class="dictionary">Department</span> of Environmental Quality in the <span class="dictionary">jurisdiction</span> in which the <span class="dictionary">airport</span> or <span class="dictionary">landing area</span> is located, after publication of notice of the <span class="dictionary">hearing</span> in a newspaper of general circulation in such <span class="dictionary">jurisdiction</span> at least 10 days in advance of such <span class="dictionary">hearing</span>.
		Any license issued shall describe the number of runways, the length and orientation of each runway and/or, if appropriate, the <span class="dictionary">landing area</span>.
		If a runway is to be extended or new runways are to be added, a revised license shall be applied for from the <span class="dictionary">Department</span>. If the <span class="dictionary">airport</span> or <span class="dictionary">landing area</span> is listed in the Virginia Air Transportation System Plan, the <span class="dictionary">Department</span> shall consider the reviews and comments of appropriate state agencies, coordinated by the <span class="dictionary">Department</span> of Environmental Quality, and shall cause a public <span class="dictionary">hearing</span> to be held concerning the economic, social and environmental effects of such changes to the license.
		Whenever a public <span class="dictionary">hearing</span> is called for herein, if there has been a public <span class="dictionary">hearing</span> associated with the development of any environmental documents to comply with the receipt of federal funds, the <span class="dictionary">Department</span> and the <span class="dictionary">Department</span> of Environmental Quality may rely on such document or <span class="dictionary">hearing</span> in carrying out their respective duties set out in this section.
		If an <span class="dictionary">airport</span> or <span class="dictionary">landing area</span> cannot meet the requirements for licensure that have been adopted by the Virginia Aviation <span class="dictionary">Board</span>, or having met those requirements cannot maintain compliance, the <span class="dictionary">Department</span> may <span class="dictionary">issue</span> conditional licenses to allow time for the <span class="dictionary">airport</span> or <span class="dictionary">landing areas</span> to take steps to meet those requirements or may revoke any license issued, if requirements for licensure are not met or cannot be met.
		Any <span class="dictionary">party</span> aggrieved by the granting or refusal to grant any such license shall have a right of <span class="dictionary">appeal</span> to the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the <span class="dictionary">jurisdiction</span> where the <span class="dictionary">airport</span> or <span class="dictionary">landing area</span> is to be located, which <span class="dictionary">appeal</span> shall be filed in accordance with the Administrative Process Act (&#xA7;&#xA0;<a class="law" title="Short title; purpose" href="/2.2-4000/">2.2-4000</a> et seq.).
		All <span class="dictionary">airports</span> or <span class="dictionary">landing areas</span> that hold licenses or permits shall be issued new licenses, without charge, on or before October 1, 1995, describing the number, length and orientation of the runway or runways or, if appropriate, the <span class="dictionary">landing area</span>, which shall be valid for up to seven years. The length of the new license term may be staggered so that all licenses will not become renewable at the same time. If any <span class="dictionary">airport</span> <span class="dictionary">landing area</span> does not meet the current requirements for licensure, a new license may be issued.</p></section></text><history>Code 1950, &#xA7; 5-7; 1966, c. 576; 1979, c. 272; 1980, c. 721; 1981, c. 326; 1991, c. 126; 1995, cc. 682, 690; 1996, cc. 148, 303; 2011, c. 75.</history><metadata></metadata></law>
