§ 55-5-80 — Responsibility and authority of the division.

(A) The division shall have a seal and shall adopt rules and promulgate regulations for its administration, not inconsistent, as it considers necessary. It may amend its rules and regulations and shall adopt reasonable rules and promulgate regulations as it considers necessary and advisable for the public safety and the safety of those engaged in aeronautics. (B) The division shall enter into contracts or agreements with the Federal Aviation Administration to administer, and shall administer grant programs, maintenance programs, or other programs in the support of the state aeronautical system. (C) The division shall operate a flight department including the purchase, operation, and maintenance of aircraft to support the transportation needs of the State, and may support and cooperate with other state agencies who own aircraft through maintenance and operations agreements. (D) The division shall consult with the Federal Aviation Administration, persons involved in aeronautics and aeronautical activity, public airports, and airport governing boards as necessary for the purpose of enhancing the public safety and the safety of those engaged in aeronautics. The division may promulgate regulations to carry out this purpose. However, these regulations must not be inconsistent with federal law or regulations governing aeronautics. (E) The division shall assist in the development of aviation and aviation facilities within the State for the purpose of safeguarding the interest of those engaged in all phases of the aviation industry and of the general public and of promoting aeronautics. (F) The division may cooperate with any authority, county, or municipality in the establishment, maintenance and operation of airports, landing fields or emergency landing strips and may do so in cooperation with other states or with any federal agency. (G) The division shall have the authority to partner with local governments, private entities, special purpose districts, or others to establish, own, operate, and maintain existing or future airports. (H) The division may conduct inspections of aviation facilities for compliance with federal grants, or to assist in obtaining grants from federal agencies, or to ensure compliance with national building or fire codes, including premises and the buildings and other structures at airports, or at prospective airports or other air navigation facilities. In order to effectuate this purpose, the division shall cooperate with the local governing body of an airport and any state or municipal officer or agency that may have jurisdiction over the airport. (I) The division may participate in and support the emergency management division air branch emergency support function. (J) The division shall have the authority to review and approve airport master plans pursuant to Section 55-5-72. (K) The division shall have the authority to take action to abate any imminent or foreseeable hazard to aviation safety at a public use airport in the State or in the vicinity of a public use airport when it can be shown that: (1) a violation of this title or a violation of a federal, state, or local law, ordinance, regulation, or federally approved airport design criteria that relates to aviation safety has occurred; (2) a condition exists that interferes with, or has a reasonable potential in the judgment of the division to interfere with aircraft operations; (3) a condition poses an increased risk to aviation safety; (4) the persistence of a condition would cause aircraft takeoff, landing, or approach criteria to be adversely impacted; or (5) a condition exists that would constitute a nuisance to aircraft operation. These conditions may include, but are not limited to: (a) obstructions such as towers, trees, or manmade structures; (b) conditions that adversely affect FAA or industry criteria for safe approach, landing, takeoff and departure profiles; (c) landfills or other activities that have the potential to attract a large number of birds; (d) interference with airport markings, including lighting; (e) light pollution, including off-airport lighting; (f) land uses that have a reasonable potential to interfere with aircraft operations, pose an increased risk to aviation safety, adversely affect aircraft takeoff, landing or approach criteria, or constitute a nuisance to aircraft operations; or (g) interference with airport and aviation navigational equipment and facilities. (L) Legal action may include the issuance of an order directing the abatement or removal of the hazard, an action in circuit court or the Administrative Law Court to enjoin the construction or maintenance of a hazard, or the removal and abatement of a hazard. (M) Except in emergency situations, before taking legal action, the division shall cooperate with the airport sponsor and affected local governments with the objective of achieving a mutually agreeable solution. If necessary, the parties shall engage in alternative dispute resolution. The alternative dispute resolution must be between the governmental entity and the division and shall not involve any private parties. (N) The division may promulgate regulations necessary to implement this section. (O) The division and an affected local government shall have the ability to seek cost recovery for the actual costs in the removal or abatement of the hazard against the persons responsible for creating or maintaining an airport hazard that violates this section, or violates a federal, state, or local law, ordinance, regulation, or federally approved airport design criteria.

Legislative History

HISTORY: 1962 Code SECTION 2-56; 1952 Code SECTION 2-56; 1942 Code SECTION 7112-9; 1935 (39) 447; 1993 Act No. 181, SECTION 1289, eff July 1, 1993; 2012 Act No. 270, SECTION 3, eff June 18, 2012. Effect of Amendment The 1993 amendment substituted "division" for "Commission". The 2012 amendment rewrote the section.