Oregon Statutes 836.642 – Program for through the fence operations; rules
(1) The Oregon Department of Aviation shall establish a pilot program at up to six rural airports to encourage development of through the fence operations designed to promote economic development by creating family wage jobs, by increasing local tax bases and by increasing financial support for rural airports. To the extent practicable, the airport sponsor of a pilot site shall use public-private partnerships that incorporate:
Terms Used In Oregon Statutes 836.642
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) Innovative and creative technologies for increasing airport usability and safety;
(b) Innovative and creative performance of aviation services to make the services more competitive and useful for the public;
(c) Development of the pilot site as a setting for customary and usual aviation-related activities to develop and thrive, in concert with the goals of the Oregon Business Development Department; and
(d) Shared responsibility for:
(A) Establishing and meeting the fiscal needs of the pilot site;
(B) Maintaining safety of operations; and
(C) Maintaining positive community relations and compatibility with existing uses.
(2) The pilot program shall operate at:
(a) The Aurora State Airport; and
(b) Not more than five additional rural airports that volunteer to participate and are selected by the Oregon Department of Aviation with the concurrence of the county in which each rural airport is located.
(3) The Oregon Department of Aviation, by rule, shall provide standards and guidelines for through the fence operations that:
(a) Ensure that the operations provide financial support to the pilot sites in compliance with Federal Aviation Administration regulations;
(b) Require submission, review, approval and, as appropriate, revision of a facility site plan for each through the fence operation so that the real property covered by the site plan can be incorporated into the airport boundary and coordinated with the other aspects of the airport master plan;
(c) Ensure that the operations are conducted according to a written contract between the commercial or industrial user of property within the airport boundary and the airport sponsor;
(d) Ensure that pilot sites continue to operate in a safe manner and to fulfill their roles in Oregon’s emergency response system;
(e) Preserve investments in pilot sites and the level of service provided by pilot sites;
(f) Facilitate orderly management of pilot sites;
(g) Provide equitable and uniform treatment of airport tenants and users at pilot sites;
(h) Advance economic development through qualified customary and usual aviation-related activities within the airport boundaries of pilot sites;
(i) Encourage well-ordered economic development within the airport boundaries of the pilot sites;
(j) Facilitate and foster good relations with the communities surrounding the pilot sites;
(k) Enable conformity with approved airport master plans;
(L) Make pilot sites available for public use on reasonable terms; and
(m) Assist pilot sites in developing financial self-sufficiency through the use of innovative funding and economic development programs.
(4) The Department of Land Conservation and Development, the county and a city, if any, within whose jurisdiction a pilot site is located shall coordinate with the Oregon Department of Aviation to ensure that the applicable comprehensive plans and land use regulations, including airport zoning classifications pursuant to ORS § 836.600 to 836.630, facilitate through the fence operations and support the development or expansion of the pilot site consistent with applicable statewide land use planning requirements.
(5) The Oregon Business Development Department shall assist the pilot sites to:
(a) Identify, qualify for and apply for funding from appropriate grant and loan programs; and
(b) Develop innovative short-term and long-term funding opportunities.
(6) To the extent practicable, the airport sponsors shall utilize innovative airport infrastructure and operations funding to support the pilot sites including, but not limited to:
(a) Airport districts as provided in ORS Chapter 838;
(b) Economic development programs administered by the Oregon Business Development Department;
(c) Tax increment financing to provide funding for airport-related infrastructure;
(d) United States Department of Agriculture Rural Development grants or low-interest loans; and
(e) Programs, including funding for short line railroads under ORS § 367.067, designed to facilitate development of intermodal transportation projects. [2005 c.820 § 3; 2009 c.398 § 2]
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