2013 ORS § 836.608¹
Airport operation as matter of state concern
  • local planning documents to recognize airport location
  • limitations on use
  • expansion of facility

(1) The continued operation and vitality of airports registered, licensed or otherwise recognized by the Department of Transportation on December 31, 1994, is a matter of state concern.

(2) A local government shall recognize in its planning documents the location of private-use airports and privately owned public-use airports not listed under ORS 836.610 (Local government land use plans and regulations to accommodate airport zones and uses) (3) if the airport was the base for three or more aircraft, as shown in the records of the Department of Transportation, on December 31, 1994. Local planning documents shall establish a boundary showing areas in airport ownership, or subject to long-term lease, that are developed or committed to airport uses described in ORS 836.616 (Rules for airport uses and activities) (2). Areas committed to airport uses shall include those areas identified by the airport owner that the local government determines can be reasonably expected to be devoted to airport uses allowed under ORS 836.616 (Rules for airport uses and activities) (2).

(3)(a) A local government shall not impose limitations on the continued operation of uses described in ORS 836.616 (Rules for airport uses and activities) (2) that existed at any time during 1996 at an airport described in subsection (2) of this section. A local government shall allow for the growth of uses described in ORS 836.616 (Rules for airport uses and activities) (2) that existed at any time during 1996 at an airport described in subsection (2) of this section. A local government shall not impose additional limitations on a use approved by the local government prior to January 1, 1997, for an airport described in subsection (2) of this section. Notwithstanding subsection (4) of this section, the construction of additional hangars or tie-downs by the owner of an airport described in subsection (2) of this section, basing additional aircraft and increases in flight activity shall be permitted at an airport described in subsection (2) of this section.

(b) A local government may authorize the establishment of a new use described in ORS 836.616 (Rules for airport uses and activities) (2) at an airport described in subsection (2) of this section following a public hearing on the use. The hearing shall be for the purpose of establishing compliance with adopted clear and objective standards relating to the compatibility and adequacy of public facilities and services as provided under subsection (5) of this section. Standards and requirements as adopted by the local government shall further the policy of ORS 836.600 (Policy) to the maximum extent practicable.

(4) Growth of an existing use on an airport as described in subsection (3)(a) of this section that requires a building permit shall be allowed as an administrative decision without public hearing unless the growth:

(a) Cannot be supported by existing public facilities and services and transportation systems authorized by applicable statewide land use planning goals;

(b) Forces a significant change or significantly increases the costs of conducting existing uses on surrounding lands; or

(c) Exceeds the standards of ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones) (1) if the airport is adjacent to land zoned for exclusive farm use.

(5) A local government shall authorize a new use described in subsection (3)(b) of this section provided the use:

(a) Is or will be supported by adequate types and levels of public facilities and services and transportation systems authorized by applicable statewide land use planning goals;

(b) Does not seriously interfere with existing land uses in areas surrounding the airport; and

(c) The local government reviews the use under the standards described in ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones) if the airport is adjacent to land zoned for exclusive farm use.

(6) An applicant for a new use under subsection (5) of this section may demonstrate that the standards for approval will be satisfied through the imposition of conditions. Any conditions imposed shall be clear and objective.

(7) A local government may adopt standards and requirements for the establishment of new airports, the expansion of existing airports and the regulation of uses and activities at airports serving as the base for two or fewer aircraft on December 31, 1994, as shown in the records of the Department of Transportation. The standards and requirements shall comply with applicable statewide land use planning laws.

(8) The Land Conservation and Development Commission shall adopt rules regulating the height of structures to protect approach corridors at airports described in subsection (2) of this section and at publicly owned airports that are the base for two or fewer aircraft. [1997 c.859 §3]

Note: 836.608 (Airport operation as matter of state concern), 836.612 (Approval or expansion of land use activities subject to prior court decisions) and 836.623 (Local compatibility and safety requirements more stringent than state requirements) were added to and made a part of 836.600 (Policy) to 836.630 (Siting of new airports to comply with land use laws) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.