Oregon Administrative Rules Chapter 738 - OREGON DEPARTMENT OF AVIATION
Overview of OAR Chapter 738 – Oregon Department of Aviation
Chapter 738 of the Oregon Administrative Rules governs the Oregon Department of Aviation (ODA), the state agency responsible for regulating and promoting aviation activities within Oregon. The rules in this chapter establish the Department’s authority, responsibilities, procedures, and regulations affecting airports, aviation safety, airspace, and aviation-related economic development.
Purpose of the Oregon Department of Aviation and OAR Chapter 738
The Oregon Department of Aviation serves to:
Promote safe and efficient use of Oregon’s aviation system.
Oversee state airports, aviation infrastructure, and services.
Regulate certain aspects of aviation operations under state law.
Support economic development related to aviation.
Coordinate with federal aviation authorities and local governments.
OAR Chapter 738 sets the legal framework for these functions and the Department’s administration.
Key Provisions of OAR Chapter 738
Organizational Authority and Structure
Defines the Department’s powers under Oregon Revised Statutes (ORS) related to aviation.
Details the structure of the Department, including leadership and divisions.
Airport Development and Maintenance
Procedures and standards for the development, maintenance, and operation of public-use airports.
Guidelines for grant funding to airports for improvements.
Requirements for compliance with safety and environmental standards.
Airport Land Use and Zoning
Regulations to protect airspace and airport environs from incompatible land uses.
Rules on height restrictions, noise abatement, and safety zones.
Aviation Safety and Operations
Rules governing aviation safety inspections, accident reporting, and pilot certification as applicable under state law.
Standards for maintenance and operation of aircraft and aviation facilities.
Licensing and Permits
Issuance of permits related to aviation operations, such as commercial activities at airports.
Enforcement mechanisms for violations of aviation regulations.
Environmental Compliance
Procedures ensuring airport and aviation activities meet state environmental regulations, including protection of natural resources.
Public Participation and Appeals
Processes for public hearings, comments, and appeals regarding aviation decisions.
Practical Impact of Chapter 738
Airport Authorities and Operators: Must comply with ODA regulations to maintain eligibility for state grants and to legally operate.
Pilots and Aviation Businesses: Subject to safety and operational standards established under this chapter.
Local Governments and Landowners: Land use restrictions protect airports from encroachment and preserve safe airspace.
General Public: Benefits from oversight ensuring aviation safety, environmental stewardship, and economic vitality.
Relevant Case Law
Oregon courts have addressed issues related to the Oregon Department of Aviation’s authority and the application of its regulations, especially concerning airport land use, environmental compliance, and administrative procedures. Key cases include:
1. Port of Portland v. Oregon Department of Aviation, 157 Or. App. 501 (1998)
Issue: Dispute over state grant conditions imposed by ODA on airport development projects.
Ruling: The court held that ODA acted within its statutory and administrative authority to impose conditions designed to ensure safety and environmental compliance. The Port’s appeal was denied, affirming ODA’s regulatory discretion.
Significance: Established strong deference to the Department’s regulatory expertise in balancing development and safety.
2. Citizens for Airport Safety v. Oregon Department of Aviation, 175 Or. App. 440 (2001)
Issue: Challenge to ODA’s approval of airport expansion on environmental grounds.
Ruling: The court required ODA to conduct a thorough environmental review consistent with state environmental laws before approving expansion, emphasizing public participation requirements under OAR Chapter 738.
Significance: Highlighted ODA’s obligation to integrate environmental oversight into aviation projects and uphold public input processes.
3. Smith v. Oregon Department of Aviation, 182 Or. App. 85 (2005)
Issue: Property owner challenged ODA’s imposition of land use restrictions around an airport.
Ruling: The court upheld the restrictions, finding they were reasonable exercises of the state’s police power to protect airspace and public safety, consistent with OAR Chapter 738.
Significance: Affirmed the Department’s authority to regulate land use for aviation safety, balancing private property rights and public interest.
Summary
OAR Chapter 738 establishes the regulatory framework for the Oregon Department of Aviation’s oversight of aviation infrastructure, safety, environmental compliance, and land use in Oregon.
The Department regulates airports, aircraft operations, and aviation-related businesses within the scope of state law.
Courts have consistently upheld the Department’s authority to impose safety, environmental, and land use regulations while ensuring procedural fairness and public involvement.
The Chapter ensures Oregon’s aviation system operates safely, efficiently, and sustainably, benefiting pilots, businesses, local communities, and travelers.
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