OAR 738-035-0070
Compliance with Operating Minimum Standards by Through-The-Fence Operators at State-Owned Airports

(1)

The Department is obligated, on behalf of the aviation system of Oregon and the State-owned airports held in the state inventory, to regulate all aeronautical activities on property that accesses the State-owned land for landing and takeoff of aircraft. Therefore, the Department shall require any person or entity conducting commercial aeronautical activities at a State-owned airport by an access or through-the-fence agreement to comply fully with these operating minimum standards.

(2)

If a person or entity has an existing access agreement with the Department, already in effect on February 1, 2003, that person or entity is not subject to these operating minimum standards during the remaining period of the agreement; however, the minimum standards shall apply at the time that agreement is renewed and shall be clearly incorporated in any new agreement.

(3)

If a person or entity is performing through-the-fence commercial aeronautical activities without a current access agreement with the Department, that person or entity shall either:

(a)

Obtain an access agreement within thirty (30) calendar days of notification by the Department; or

(b)

Cease their access of State-owned airport property by the 30th day following notification by the Department.

(4)

Each application for a new access agreement on a State-owned airport shall include:

(a)

Proof of appropriate level of insurance;

(b)

A written plan indicating compliance with all laws and regulations; and

(c)

The identity and contact information for the individual who will be responsible for all aeronautical activities proposed in the proposed access agreement.

(5)

The Department shall consider and evaluate a new development application on a case-by-case basis, with consideration to airport safety and operating efficiency factors.

(6)

The Department retains the right to restrict or deny any access agreement if airport safety or efficiency is compromised by the existence of the proposed service or activity.

Source: Rule 738-035-0070 — Compliance with Operating Minimum Standards by Through-The-Fence Operators at State-Owned Airports, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=738-035-0070.

Last Updated

Jun. 8, 2021

Rule 738-035-0070’s source at or​.us