§ 8-21-1-10 — Approval of proposed and established airport sites

(a) The department may issue certificates of
approval to both proposed airport sites and established airports.
(b) Any municipality or person desiring to acquire, establish,
construct or lease any airport or landing field in this state for the use of
airplanes or other aircraft shall, prior to the acquisition of the site or
prior to the construction or establishment of the proposed airport, make
application to the department for approval of such site. The department
shall, with reasonable dispatch, grant approval of a site if it is satisfied:
(1) that the site is adequate for the airport or landing field
proposed;
(2) that such proposed airport, if constructed or established, will
conform to the minimum standards of safety as may be
established or prescribed by the department;
(3) that safe air traffic patterns could be worked out for such
proposed airport and for all existing airports and approved airport
sites in its vicinity; and
(4) that an airport master plan or airport layout plan for the airport
is filled with the department.
An approval of each site may be granted subject to any reasonable
conditions which the department may deem necessary to effectuate the
purposes of this chapter and which remain in effect, unless sooner
revoked by the department, until a certificate of approval of an airport
located on the approved site has been issued pursuant to its rules and
regulations.
(c) The department shall issue a certificate of approval to any
established airport which conforms to minimum standards of safety as
many from time to time be prescribed by the department.
(d) The department may revoke a certificate of approval when:
(1) there has been an abandonment of the site as an airport site; or
(2) there has been a failure within the time prescribed, or if no
time was prescribed, within a reasonable time to develop the site
as an airport; or
(3) there has been a failure to maintain compliance with the
conditions of the approval certificate; or
(4) because of change of physical or legal conditions or
circumstances the site is no longer usable for aeronautical
purposes for which the approval was granted.
(e) This section does not apply to airports owned or operated by the
United States. The department may, from time to time, to the extent
necessary, exempt any other class of airports, pursuant to a reasonable
classification or grouping, from any rule or regulation promulgated
under this section or from any requirement of such a rule or regulation,
if it finds that the application of such rule, regulation or requirement
would be an undue burden on such class and is not required in the
interest of public safety.
(f) To carry out the provisions of this chapter, the department may
inspect and examine at reasonable hours any of the premises of an
airport or landing area within this state.
(g) The department shall annually issue Certificates of Approval to:
(1) airports which do not serve a CAB-certificated air carrier and
which the department determines, by means of an annual on-site
inspection, to be in compliance with its rules and regulations; and
(2) airports which serve a CAB-certificated air carrier and which
have a valid Airport Operating Certificate as issued by the Federal
Aviation Administration. However, if federal authorities abandon
or relinquish on-site inspection of this class of airports, the
department shall issue a Certificate of Approval subject to the
inspection and compliance requirement in paragraph (1) of this
subsection.
(h) The department shall classify all airports, landing fields and
other air navigation facilities within the state, such classification to be
in accord as nearly as practicable with those of the Federal Aviation
Administration. It shall issue and publish an annual directory of such
air navigation facilities.
Formerly: Acts 1945, c.360, s.10; Acts 1951, c.300, s.2; Acts
1975, P.L.93, SEC.10. As amended by Acts 1977, P.L.114, SEC.1;
Acts 1980, P.L.74, SEC.311.