§ 249. Location of privately-owned airports.
1.Legislative findings\nand purpose. The continuing development and the rapid growth of air\ntransportation and the use of aircraft for various purposes, both\ncommercial and private, during the last twenty years, has substantially\ncontributed to the economic betterment, well-being and recreational\nenjoyment of the people of the state. The increased number, size and\ngrowth of airports resulting from operational requirements of newer and\nlarger aircraft operating more frequently has brought about a conflict\nof land use. This is of particular concern to the state in major public\nworks construction such as highways, public buildings and facilities.\nThere is authority for municipalities to control the establishment or\nimprovement of publi
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§ 249. Location of privately-owned airports. 1. Legislative findings\nand purpose. The continuing development and the rapid growth of air\ntransportation and the use of aircraft for various purposes, both\ncommercial and private, during the last twenty years, has substantially\ncontributed to the economic betterment, well-being and recreational\nenjoyment of the people of the state. The increased number, size and\ngrowth of airports resulting from operational requirements of newer and\nlarger aircraft operating more frequently has brought about a conflict\nof land use. This is of particular concern to the state in major public\nworks construction such as highways, public buildings and facilities.\nThere is authority for municipalities to control the establishment or\nimprovement of publicly-owned airports and landing areas so as to assure\ncoordination between developments in the field of public works.\nUncontrolled establishment of privately-owned airports and landing areas\ncould seriously impair the existing federal-state highway program.\nFederal-aid highway funds may not be used for reconstruction or\nrelocation of any highway, the usefulness of which may be impaired by\nthe location or extension of an airport. This activity also presents\nmajor problems for municipalities particularly where the airport or\noperations therefrom span more than one municipality.\n The legislature, therefore, finds that in order to meet the problems\nof local government in the establishment of privately-owned airports and\nlanding areas and to insure coordination between developments in the\nfield of public works that certain criteria be met in the location of or\nextension of a privately-owned airport or landing area.\n 2. Definitions. When used in this section:\n a. Airport means both an airport and landing area as defined in\nsection two hundred forty of this article.\n b. Airport improvement means the extension, alteration, addition to or\nrealignment of the runways of an existing privately-owned airport or the\nmodification in any way of the landing and take-off directions at such a\nprivately-owned airport.\n 3. Approval of privately-owned airports. No person shall hereafter\nestablish a privately-owned airport or make an airport improvement to an\nexisting privately-owned airport except by authorization of the\ngoverning body of the city, village or town in which such airport or any\npart thereof is proposed to be established or improved. The governing\nbody of a city, village or town shall not authorize the establishment of\nsuch an airport or an airport improvement at a requested location unless\nin accordance with the standards prescribed by the commissioner of\ntransportation. The local governing body of a city, village or town\nshall, prior to granting such authorization, request the commissioner of\ntransportation to determine whether or not the establishment of such a\nprivately-owned airport improvement complies with his standards. In\norder to make such a determination of compliance, the commissioner of\ntransportation must first make findings of fact (1) that operations of\nsuch airport will not conflict with or affect the safety of public\nbuildings or facilities, or operations on public highways or waterways;\nand (2) that the volume, character and direction of traffic at such\nairport will not constitute a menace to the safety of operations at\nother airports in the vicinity. Approval for the establishment of such\nan airport or airport improvement may be subject to any reasonable\nconditions which the commissioner of transportation may deem necessary\nto effectuate the purposes of this section.\n 4. Hearings. In connection with his determination as to whether the\nestablishment of a privately-owned airport or an airport improvement as\ndefined in this section complies with his standards the commissioner of\ntransportation may on his own motion or upon the request of an affected\nor interested person or of the governing body of the city, village or\ntown requesting such determination of compliance, hold a hearing as\nprovided in subdivision five below.\n 5. Investigations, hearings. The commissioner of transportation or any\nofficer or employee of the department of transportation designated by\nthe commissioner of transporation, shall have the power to conduct\ninvestigations and inquiries and to hold hearings concerning matters\ncovered by this act and the rules, regulations and orders of the\ncommissioner of transportation. Hearings shall be held upon such call or\nnotice as the commissioner of transportation or his duly designated\nrepresentative shall deem advisable. The commissioner of transportation\nand each person designated by him to conduct any investigation or\ninquiry, or to hold any hearing shall have the power to administer oaths\nand affirmations, certify to all official acts, issue subpoenas, and\norder the attendance and testimony of witnesses and the production of\nbooks, papers and documents. In the case of the failure of any person to\ncomply with any subpoena or order issued under the authority of this\nsection, the commissioner of transportation or his authorized\nrepresentative may invoke the aid of any court of general jurisdiction\nof this state. The court may thereupon order such person to comply with\nthe requirements of the subpoena or order to give evidence touching the\nmatter in question. Failure to obey the order of the court may be\npunished by the court as a contempt thereof.\n 6. Rules and regulations. The commissioner of transportation is\nauthorized to adopt such rules and regulations as may be necessary for\nthe proper administration and enforcement of the provisions of this\nsection, but not inconsistent therewith, and to amend or repeal any of\nsuch rules and regulations.\n 7. Delegation of powers. The commissioner of transportation may,\nexcept as to rule-making powers, by a writing filed in the office of the\ndepartment designate any officer or employee of the department of\ntransportation to carry out his duties under this section.\n 8. Nothing in this section shall be construed to deny the governing\nbody of any city, village or town the right to perform any lawful\nregulatory activity relating to privately-owned airports, which is not\nwithin the purposes or scope of this section.\n