(a)Technical Services of the Department. The department may, insofar as it is reasonably possible, make available the engineering and other technical services of the department, with or without charge, to any municipality, whether acting alone or with any other municipality or with the state, or person desiring them, in connection with the planning, acquisition, construction, improvement, maintenance or operation of airports, air navigation facilities, avigation easements or the acquisition, lighting, marking, or elimination of airport hazards.
Terms Used In Tennessee Code 42-2-203
Air navigation facility: means any facility, other than one owned or operated by the United States, used in, available for use in, or designed for use in aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of these facilities. See Tennessee Code 42-2-101
Airport: means any area of land or water that is used, or intended for use, for the landing and taking off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or avigation easements or rights-of-way, together with all airport buildings and facilities located on such areas, easements or rights-of-way. See Tennessee Code 42-2-101
Airport hazard: means any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or that is otherwise hazardous to such landing or taking off. See Tennessee Code 42-2-101
Avigation easement: means any easement that includes all or any part of the following: (A) The right to unobstructed and unrestricted flight of aircraft, in, through and across the airspace over and above certain described land, at the altitude or height above the surface of the land as determined by the department of transportation. See Tennessee Code 42-2-101
Municipal: means pertaining to a municipality as defined in this section. See Tennessee Code 42-2-101
Municipality: means any county, incorporated city, incorporated town, authority, district or other political subdivision or public corporation of this state. See Tennessee Code 42-2-101
Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative of such a person. See Tennessee Code 42-2-101
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b)State Financial Assistance. The department may render financial assistance by grant or loan or both to any municipality or municipalities acting jointly, whether acting alone or with any other municipality or with the state, in the planning, acquisition, construction, improvement, maintenance, or operation of an airport owned or controlled, or to be owned or controlled by such municipality or municipalities, out of appropriations made by the general assembly for such purposes. This financial assistance may be furnished in connection with federal or other financial aid for the same purposes.(c)Federal Aid; Other Available Funds; Technical Design Coordination with Department.(1) The department may act as agent for any individual municipality or municipalities acting jointly, in accepting, receiving, receipting for and disbursing federal moneys, and other moneys, public or private, made available to finance, in whole or in part, the planning, acquisition, construction, improvement, maintenance, equipment or operation of a municipal airport, air navigation facility, avigation easement, or the acquisition, elimination, obstruction marking or obstruction lighting of airport hazards, and if requested by an individual municipality or municipalities acting jointly, may act as its or their agent in contracting for and supervising any planning, acquisition, construction, improvement, maintenance, equipment, operation, or elimination; and all municipalities are authorized to designate the department as their agent for the foregoing purposes. The department, as principal on behalf of the state, and any municipality on its own behalf, may enter into any contracts, with each other or with the United States or with any person, that may be required in connection with a grant or loan of federal moneys for municipal airport, air navigation facility, avigation easement, or airport hazard purposes. All federal moneys accepted under this section shall then be transferred or expended by the department upon the terms and conditions prescribed by the United States. All moneys received by the department pursuant to this section shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which the moneys are received, shall be kept in separate funds designated according to the purposes for which the moneys were made available, subject to disbursement by order of the department for such purposes.(2) Any proposed construction activity that would involve any source of funding other than the department shall be subject to technical design coordination with the department and the receipt of its approval to ensure consistency with the state’s airport system plan, unless such proposal would involve facilities for the use of the airlines or the military.
