75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2406
 
                         House Bill 2483
 
Sponsored by Representative CLEM (at the request of Oregon
  Department of Aviation)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires person to get permit from Oregon Department of
Aviation before constructing object or structure that constitutes
physical hazard to air navigation.
 
                        A BILL FOR AN ACT
Relating to physical hazards to air navigation; creating new
  provisions; and amending ORS 836.530.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2009 Act is added to and made
a part of ORS chapter 836. + }
  SECTION 2.  { + (1) A person may not construct an object or
structure that constitutes a physical hazard to air navigation
without first obtaining a permit from the Oregon Department of
Aviation.
  (2) The department may charge a reasonable fee for a permit
issued under this section. + }
  SECTION 3. ORS 836.530 is amended to read:
  836.530. (1) In addition to any other rulemaking authority, the
Director of the Oregon Department of Aviation may adopt rules:
  (a) To define physical hazards to air navigation and determine
whether specific types or classes of objects or structures
constitute hazards. Rules defining physical hazards and
determining whether specific types or classes of objects or
structures constitute hazards may be adopted only after a
fact-finding process and must be supported by substantial
evidence.
   { +  (b) Governing the process of application for and issuance
of permits under section 2 of this 2009 Act to construct objects
or structures that constitute physical hazards to air
navigation. + }
    { - (b) - }   { + (c) + } Establishing standards for lighting
or marking objects and structures that constitute hazards to air
navigation.
  (2) In accordance with the rules adopted under this section,
the director shall do the following:
  (a) Determine whether specific objects or structures constitute
a hazard to air navigation.
  (b) Determine responsibility for installation and maintenance
of lighting or marking specific objects or structures that
constitute hazards to air navigation.
  (c) Issue orders to require that specific objects or structures
determined to be hazards to air navigation be marked or lighted
in accordance with rules adopted under this section.
   { +  (d) Determine the fee for a permit issued under section 2
of this 2009 Act. + }
  (3) Rules and standards adopted under this section are limited
to and   { - shall - }  { +  may + } not be more restrictive than
current federal norms, including but not limited to, regulations
and circulars, pertaining to objects affecting navigable
airspace.
  (4) Any person or entity required to comply with an order
issued under this section may contest the order as provided under
ORS chapter 183.
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