                                 CODE OF VIRGINIA

LICENSING OF AIRPORTS AND LANDING AREAS (§ 5.1-7)

Except as provided in § 5.1-7.2, every person, before operating an airport or
landing area or adding or extending a runway, shall first secure from the
Department a license. The application therefor shall be made on the form
prescribed and furnished by the Department 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 Department shall
require the holder of such license to furnish proof of financial responsibility
prescribed in Chapter 8.2 (§ 5.1-88.7 et seq.).
		It shall be unlawful for any person to operate any airport or landing area
which is open to the general public for the landing or departure of any aircraft
until a license therefor shall be issued by the Department.
		Before issuing such license for the establishment of a new airport, the
Department shall investigate the location of such airport or landing area with
the relation to its proximity to and its runway orientation in relation to any
other airport or landing area and shall provide for the safety of civil aircraft
alighting thereon or departing therefrom. If the proposed airport or landing
area shall be so situated as to endanger aircraft using the same or any other
airport or landing area 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
airport required to be licensed under § 5.1-7.2 must meet this criterion and
any applicable requirement provided for in regulation promulgated under this
section, but no others.
		The Board may, by regulation, adopt any other requirements for licensure that
are related to the safety of civil aircraft using such airport or landing area.
Any airport 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 airport remains an active
public-use facility unless those noncomplying standards are caused by natural
growth. Should such airport 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 Department shall consider the reviews and comments of appropriate
state agencies coordinated by the Department of Environmental Quality, and shall
cause a public hearing to be held concerning the economic, social and
environmental effects of the location or runway orientation of the airport or
landing area if the facility is listed in the Virginia Air Transportation System
Plan; however, such coordinated review by the Department of Environmental
Quality shall not exceed 90 days after the Department has requested review by
the Department of Environmental Quality. The public hearing required by this
section shall be conducted by the Department of Environmental Quality in the
jurisdiction in which the airport or landing area is located, after publication
of notice of the hearing in a newspaper of general circulation in such
jurisdiction at least 10 days in advance of such hearing.
		Any license issued shall describe the number of runways, the length and
orientation of each runway and/or, if appropriate, the landing area.
		If a runway is to be extended or new runways are to be added, a revised
license shall be applied for from the Department. If the airport or landing area
is listed in the Virginia Air Transportation System Plan, the Department shall
consider the reviews and comments of appropriate state agencies, coordinated by
the Department of Environmental Quality, and shall cause a public hearing to be
held concerning the economic, social and environmental effects of such changes
to the license.
		Whenever a public hearing is called for herein, if there has been a public
hearing associated with the development of any environmental documents to comply
with the receipt of federal funds, the Department and the Department of
Environmental Quality may rely on such document or hearing in carrying out their
respective duties set out in this section.
		If an airport or landing area cannot meet the requirements for licensure that
have been adopted by the Virginia Aviation Board, or having met those
requirements cannot maintain compliance, the Department may issue conditional
licenses to allow time for the airport or landing areas 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 party aggrieved by the granting or refusal to grant any such license shall
have a right of appeal to the circuit court of the jurisdiction where the
airport or landing area is to be located, which appeal shall be filed in
accordance with the Administrative Process Act (§ 2.2-4000 et seq.).
		All airports or landing areas 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
landing area, 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 airport landing area does not meet the current
requirements for licensure, a new license may be issued.

HISTORY: Code 1950, § 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.