Chapter 672-9 RULES AND REGULATIONS FOR LICENSING OF CERTAIN OPEN-TO-THE-PUBLIC AIRPORTS

Rule 672-9-.01 Definitions

The following words when used in Chapter 672-9 shall have the following meanings unless the context thereof indicates another meaning:

(a)	Aircraft: Any machine, whether heavier or lighter than air, used or designated for flight in the air.

(b)	Airplane: An engine-driven, fixed-wing aircraft that is supported in flight by the dynamic reaction of the air against its wings.

(c)

Airport: Any area of land, water, or mechanical structure which is used for the landing and takeoff of aircraft, and is open to the general public for such use without prior permission and includes any appurtenant structures and areas which are used or intended to be used for airport buildings, other airport facilities, rights of way or easements; provided, that the term "airport" shall not include the following facilities used as airports:

1.	Facilities owned or operated by the United States or an agency thereof except for some joint use airports;

2.

Privately owned facilities not open to the general public when such facilities do not interfere with the safe and efficient use of airspace of a facility for which a license or an Airport Operating Certificate issued under Part 139 of the Regulations of the Federal Aviation Administration, or any successor regulations, has been granted;

3.	Facilities being operated pursuant to current Airport Operating Certificate issued by the Federal Aviation Administration, or any successor agency of the United States; and

4.	Any facility served by scheduled air carrier operating under a Certificate of Public Convenience and Necessity issued by the Federal Aviation Administration, or any successor agency of the United States.

(d)	Airport Hazard: Any structure, object of natural growth, or use of land which obstructs the defined runway primary surface, safety area, and approach/departure paths surfaces applicable to that particular airport.

(e)	Airport License: Permit issued by the Department for the operation of an airport, heliport, seaplane base or any other designated open to the public aircraft landing area in the state.

(f)	Airport Operations Areas: Any area of an airport used or intended to be used for landing, takeoff or surface maneuvering of aircraft, including but not limited to runways, taxiway, and apron areas.

(g)	Approach and Departure Path: An area of navigable airspace defined by the rules and regulations of the Department to insure safe ingress and egress of aircraft to and from an airport.

(h)	Department: Georgia Department of Transportation or any successor State agency.

(i)

Displaced Threshold: A threshold which is designated as the beginning of that portion of the runway that is available for landing aircraft. A displaced threshold is located at a point on the runway other than the beginning of the full strength runway pavement. The paved area between the beginning of the full strength runway pavement and the displaced threshold may be used for takeoff or rollout of aircraft.

(j)	FAA: Federal Aviation Administration or any successor Federal Agency.

(k)	Geometric Layout: Designated locations of airport facilities and imaginary surfaces associated with minimum licensing standards.

(l)	Helicopter: A rotary wing aircraft that depends principally upon the lift generated by one or more engine-driven rotors rotating on a substantially vertical axis for its primary means of propulsion.

(m)	Heliport: An area of land, water, or structure used or intended to be used for the landing and takeoff of helicopters.

(n)	Imaginary Surfaces, Airport: The imaginary surfaces associated with aircraft operations and airspace surrounding an airport that is used to identify obstructions to aircraft navigation and operations.

(o)	Instrument Approach: An aircraft approach for landing at an airport using an electronic aid providing directional guidance.

(p)	Large Airplane: An airplane of more than 12,500 lbs. maximum certified takeoff weight.

(q)	Nonprecision Instrument Runway: A runway having an instrument approach procedure utilizing navigational aids with normally only horizontal guidance to aircraft approaching for landing. Vertical guidance is possible on some non-precision instrument runways.

(r)	Obstruction: Any penetration of an airport imaginary surface described in Federal Aviation Regulation Part 77 and FAA Advisory Circular 150/5300-13.

(s)	Open-to-the-Public Airport: An airport that is publicly or privately owned which is open and available for use by the general flying public.

(t)	Precision Instrument Runway: A runway having an instrument approach procedure utilizing navigation aids that provide horizontal and vertical guidance to aircraft approaching for landing.

(u)	Relocated Threshold: A runway threshold that is located at a point on the runway other than the beginning of the full strength pavement and the portion of the runway between the beginning of the full strength pavement and the relocated threshold cannot be used for landing or takeoff of aircraft.

(v)	Restricted Use Airport: An airport that is not open to the general public and requires prior permission from the airport owner for use. Most restricted use airports are military airfields and privately owned facilities.

(w)

Runway Primary Surface: A runway primary surface is an imaginary surface that surrounds the runway and is centered along the runway centerline. The elevation of the primary surface is the same elevation as the nearest point on the runway centerline. When the runway is hard surfaced, the primary surface extends 200 ft. beyond the end of the runway.

(x)	Runway Safety Area: The ground surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot or excursion from the runway.

(y)	Seaplane: An airplane designed for, or appropriately modified to land on and takeoff from the surface of a body of water.

(z)	Seaplane Base: An area of water used or intended to be used for the landing and takeoff of seaplanes.

(AA)	Small Airplane: An airplane of 12,500 lbs. or less maximum certified takeoff weight.

(BB)	Traffic Pattern: The traffic flow that is prescribed for aircraft landing or taking off from an airport.

(CC)	Visual Runway: A runway having no instrument approach procedure and intended solely for the operation of aircraft using visual approach procedures.

Rule 672-9-.02 Repealed and Reserved

Rule 672-9-.03 Airports: Licensing Minimum Standards

A.

Unobstructed Approach and Departure Paths for:

1.

Runways less than 4000 ft shall begin at the runway end (marked threshold), shall slope upward at a minimum of 15:1 ratio, be centered along the extended runway centerline beginning at a width of 120 ft and extend for 500 ft to a width of 300 ft and continue at a width of 300 ft for an additional 2500 ft.

2.

Runways 4000 ft. but less than 5000 ft shall begin at the runway end (marked threshold), slope upward at a minimum of 20:1 ratio, be centered along the extended runway centerline beginning at a width of 250 ft and extend for 2250 ft to a width of 700 ft and continue at a width of 700 ft for an additional 2750 ft.

3.

Runways 5000 ft. or more shall begin at the runway end (marked threshold), slope upward at a minimum of 20:1 ratio, be centered along the extended runway centerline beginning at a width of 400 ft and extend for 1800 ft to a width of 1000 ft and continue at a width of 1000 ft for an additional 8,500 ft.

4.

All penetrations of the approach and departure paths, whether natural or manmade, constitute an obstruction to navigation and a violation to licensing standards. If the obstruction is not removed, the runway threshold must be displaced or relocated to a point on the runway that will provide a clear and unobstructed flight path.

B.

Unobstructed Primary Surface (see above definition):

1.	Shall be centered along runway centerline to the end of turf runways and extend 200 ft beyond the end of hard surfaced runways.

2.	Runways less than 4000 ft. shall have a primary surface width of 120 ft.

3.	Runways 4000 ft. but less than 5000 ft. shall have a primary surface width of 250 ft.

4.	Runways 5000 ft. or more shall have a primary surface width of 400 ft.

5.

The primary surface shall be free of all obstructions including natural growth and manmade objects. The only allowable obstructions are frangible runway lights, guidance signs, or navigation equipment that, by function, are required to be within the primary surface boundaries. The area not hard surfaced must be compacted and graded smooth with no ruts, humps, depressions or other potentially hazardous surface variations.

C.

Unobstructed Runway Safety Area:

1.	Shall be centered along runway centerline and extend 240 ft. beyond the end of the runway for all runways less than 5000 ft. in length and 300 ft. beyond the end of the runway for runways 5000 ft. or greater in length.

2.	The width of the runway safety area shall be 120 ft. for all runways less than 5000 ft in length and 150 ft. for runways 5000 ft. or greater in length.

3.

The runway safety area shall be free of all obstructions including natural growth and manmade objects. The only allowable obstructions are frangible runway lights, guidance signs, or navigation equipment that, by function, are required to be within the runway safety area boundaries. The area not hard surfaced must be compacted and graded smooth with no ruts, humps, depressions or other potentially hazardous surface variations.

D.

Airport Marking: All runways shall be marked in a manner that clearly identifies the boundaries of the landing area.

1.	Minimum marking for hard surface runways and taxiways:

2.	All markings on hard surfaced runways and taxiways shall be painted and the painted markings must be maintained in legible condition.

3.

Runway markings shall be white and taxiway markings shall be yellow. The size, shape, location and color of the marking shall be in compliance with the current FAA AC 150/5340-1, Standards for Airport Markings, as amended or superseded.

i.	Minimum marking for turf or sod runways: All runway markings shall be colored white, securely attached to the surface, clearly visible from the airport traffic pattern and identify the boundaries of the landing area.

ii.	Threshold markings shall be L-shaped on each corner of each threshold. Runway side line markers shall be spaced at minimum intervals of 500 ft.

iii.	Displaced thresholds shall be identified by placing markers on each runway side at the displacement point. The markers shall be perpendicular to the runway with the inner edge aligned with the runway sideline markers.

E.

Wind Direction Indicators:

1.

All airports are required to have an operational wind direction indicator.The wind direction indicator must be installed in a highly visible area easily observed from the air and the ground. It must be located in an open area free from obstructions to insure accurate wind direction and approximate wind velocity. Night operations require that the wind indicator be lighted.

F.

Airport Lighting: Runway lights are required for all airports that conduct night operations.

1.

Minimum Lighting Requirements:

i.	The location, spacing, light intensity and lens color of runway, threshold and taxiway lights shall conform to the standards specified in the current FAA AC 150/5340-30, Design and Installation Details for Airport Visual Aids, as amended or superseded.

ii.	All runway, threshold and taxiway lighting shall be maintained in an operational condition and shall not be obscured by natural growth such as grass or weeds.

2.

Airport Beacon: All airports with runway lights for night operations shall have an operational airport location beacon. The beacon shall have appropriately colored lenses to identify the type airport. The beacon shall be located at a site on or near the airport at an elevation that will ensure that it is not obstructed by natural growth or manmade structures and is clearly visible from the air.

G.

Runway, Taxiway and Apron Minimum Conditions:

1.

Runway and Taxiway Requirements:

i.	The runway and taxiway surface must be maintained smooth and free of any defect or obstruction that could damage aircraft during operations. This requirement includes any pavement pot holes, depressions or humps.

ii.	The lip of paved runways or taxiways must not exceed 1.5 inches in elevation from the top of the pavement to the runway shoulder. The drop should be only enough to allow adequate drainage from the runway and not pose a control problem for aircraft.

iii.	Turf runways must be graded smooth and grassed. The grass must be maintained, mowed to a height of less than 12 inches above the graded surface on the marked portions of the runway.

iv.	The runway and taxiway length and width requirements shall conform to the current FAA AC 150/5300-13, Airport Design, as amended or superseded.

v.

Seaplane Bases shall conform to the standards established by the controlling jurisdictions rules and regulations for operations on the body of water. If no specific standards have been established, the Seaplane Base shall conform to standard design guidance of FAA AC 150/5395-1, Seaplane Bases, as amended or superseded.

vi.	Heliport landing areas and hover lanes/taxiways shall conform to the standards contained in FAA AC 150/5390-2, Heliport Design, as amended or superseded.

2.

Apron Requirements:

i.	The aircraft apron (parking area) is for the operation, servicing and parking of aircraft only.

ii.	The apron surface should be smooth and free of obstructions or defects that could cause damage to aircraft during operation.

iii.	The apron length, width, taxilane and tiedown requirements shall conform to the current FAA AC 150/5300-13, Airport Design, as amended or superseded.

H.

Fueling Area Requirements:

1.	Sign(s) must be posted to prohibit open flames or smoking in airport fueling area.

2.	Grounding cables.

3.	A fire extinguisher approved for the purpose of extinguishing petroleum product fires must be available during all fueling operations.

I.

Geometric Layout: The most recent version of the Federal Aviation Administration's Advisory Circular 150/5300-13 Airport Design, as may be amended or superseded, is adopted in its entirety as it pertains to airport construction design standards for the licensing of airports within the State of Georgia.

Rule 672-9-.04 Airport License Issuance/Renewal/Revocation

A.	An issued airport license shall be renewed on a biennial basis and a biennial inspection will determine if the facility meets licensing requirements.

B.	An issued airport license is not transferable with an airport change of ownership.

C.	Grandfathered licensing provisions will not be transferred with an airport change of ownership.

D.	New airport ownership will contact the Department by written notification 30 days prior to ownership transfer.

E.	On or after July 1, 2010, the license fee for an original license and each renewal thereafter will be one hundred dollars ($100.00) per runway up to a maximum of four hundred dollars ($400.00) per airport for the biennial period.

F.	The owner of a licensed airport shall prominently display the license at the airport, or if there are no buildings at the airport, at the place of business of the licensee.

G.	The airport owner shall maintain a current listing of all based aircraft and each aircraft shall be listed by type and federal aircraft registration number (the N-number). A copy of the aircraft listing shall be provided to the Department upon request.

H.	The airport owner is responsible for maintaining the facility in compliance with state licensing standards throughout the biennial period. The runway, taxiway and aircraft parking areas must conform to the minimum standards for licensing as established in paragraph 3 above.

I.

The airport owner shall be notified by letter of any violations of the minimum standards set forth herein discovered during an airport inspection. The noted violation may result in the immediate suspension/revocation of the current operating license if the Department determines that the nature of the violation(s) causes a serious safety hazard for aircraft operating to and from the airport. If noted violations are considered to be of no immediate serious hazard, a period of 120 days will be authorized for corrective action. Failure to correct the noted violations within the authorized period may result in the revocation of the airport license. Upon notification by the Airport Owner to the Department that the necessary corrective action has been taken and subsequently verified by the Department, the license will be reissued in full effect.

J.

Airport Inspections and Enforcement:

1.	Inspections - An applicant for, or a holder of, an airport license shall offer full cooperation to any representative of the Department inspecting the airport or proposed airport site.

2.

Enforcement - Applications for a license or a renewal thereof may be denied, or a license may be revoked, by the Department after notice and opportunity for "Right of Review" to the licensee, when the Department shall reasonably determine:

i.	That the licensee has failed to comply with the conditions of the license or renewal thereof.

ii.	That the licensee has failed to comply with the minimum standards for the issuance of an airport license as prescribed in these Rules and Regulations.

iii.	That because of changed physical or legal conditions or circumstances, the airport has become either unsafe or unusable for the purposes for which the license or renewal was issued.

iv.	An unlicensed airport that has completed the "Right of Review" process and elects to continue to remain operational and open-to-the-public shall be subject to a fine of one hundred dollars ($100.00).

3.	Licensee's Right of Review--The decisions of the Department to deny or revoke any license or renewal thereof shall be subject to review in the manner prescribed for the review of contested cases as prescribed by Chapter 13 of Title 50, the "Georgia Administrative Procedures Act".

Rule 672-9-.05 Airport Licensing and Inspection Exemptions

Airports owned by the federal government, except for some joint use airports, FAA Certificated Airports and Privately Owned Restricted Use Airports, are not required to be licensed or inspected by the Department.

Rule 672-9-.06 Construction or Establishment of Solid Waste Landfills Near Certain Public Airports

(a)

Pursuant to Title V, Section 503 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (hereinafter referred to as "AIR-21"), no person shall construct or establish a municipal solid waste landfill within six (6) miles of a public airport as defined in Title V, Section 503(d) of AIR-21 unless the Georgia Department of Transportation, (the "Department"), as the state aviation agency, requests a waiver of exemption for the landfill from the Federal Aviation Administration, (the "FAA").

(b)

If an individual or entity (the "Applicant") wishes to construct or establish a solid waste landfill within six (6) miles of an airport as defined in Title V, Section 503(d) of AIR-21, the Applicant must undertake the actions outlined below and submit the following information, in writing, to the Department before the Department will consider whether or not to request that the Administrator of the FAA exempt the landfill from the application of AIR-21:

1.	Complete and submit Section 1 of GDOT Waste Disposal/Processing Facility Coordination Form. This form is available from the Department, Office of Aviation Programs.

2.	Obtain, prepare and submit a USGS Quadrangle map denoting property lines of the proposed landfill, with coordinates.

3.

Provide public notice of the request for waiver, published in newspapers of general circulation serving the municipality and county in which the proposed landfill will be located, as well as in adjacent municipalities and counties. These public notices shall be sent to the Department immediately upon publication and shall contain wording directing any comments to the Georgia Department of Transportation's Aviation Programs office. Aviation Programs' address and telephone number shall be included.

4.

Provide notice of the request for waiver to all FAA registered pilots and aircraft owners within a sixty (60) mile radius of the affected airport. Provide the Department with an affidavit stating that such notice was mailed, with a copy of the mailing list showing the names and addresses attached. The notice shall contain wording directing any comments to the Georgia Department of Transportation's Aviation Programs office. Aviation Programs' address and telephone number shall be included. FAA pilot and aircraft owner information may be obtained from the FAA Aircraft and Airmen Registration Branch in Oklahoma City, OK.

5.

Provide notice of the request to the affected airport's owner(s) and any other airport owner(s) including military, public and private airports within a sixty (60) mile radius of the affected airport. Provide the Department with an affidavit that such notice was mailed, with a copy of the mailing list with the names and addresses attached. The notice shall contain wording directing any comments to the Georgia Department of Transportation's Aviation Programs office. Aviation Programs' address and telephone number shall be included.

6.	Provide copies of all information submitted to the Georgia Department of Natural Resources - Environmental Protection Division or other state agencies in regards to the proposed waste disposal site.

7.

Submit a letter to FAA Southern Region Air Traffic Services requesting an airspace study and flight procedures established for arriving and departing aircraft for the affected airport. Provide Department with a copy of the letter submitted to FAA and a certified copy of FAA's airspace study, flight procedures report, and any comments from FAA regarding the report and study.

8.

Submit to the Department a written request that the Department commission a Wildlife Hazard Assessment to be conducted by the U.S. Department of Agriculture, (the "USDA"), Wildlife Service, for the affected airport and proposed landfill. Said written request must also contain a commitment on the part of the Applicant to pay for all expenses of the USDA which are associated with the USDA's development of the Wildlife Hazard Assessment.

9.	Submit any other information the Applicant deems relevant for the Department's review.

(c)

The Department will acknowledge receipt of the above-listed documentation within fourteen (14) days of receipt. In such acknowledgement, the Department may request additional information or clarification from the applicant as the Department deems necessary. An application shall not be deemed submitted and complete until all required and requested information has been received by the Department, including the Wildlife Hazard Assessment.

(d)

If the Department receives, within 30 days of the publication of the notice specified in (b)(3) of this rule, requests for a public hearing from at least twenty-five (25) persons who are residents of the State of Georgia, a governmental subdivision, or by an association having not less than 25 members, a public hearing shall be held in the county where the affected airport is located. The Department, in its sole discretion, may hold a public hearing in such county even if less than twenty-five (25) requests are received. All costs of providing notice of the hearing, conducting the hearing, and the cost of transcribing the hearing shall be borne by the Applicant.

(e)

The criteria upon which the Department will evaluate any exemption request shall include, but not be limited to, the following:

1.	Any adverse impact on aviation safety;

2.	Other pre-existing natural features in the area of the affected airport that may adversely impact aviation safety;

3.	Any adverse impact upon the users, owners, or managers of the affected airport, any military or other air facilities in the area of the affected airport, or citizens living in the vicinity of the affected airport;

4.	Any adverse impact upon airports within a 60-mile radius of the affected airport;

5.	Any adverse impact on safety of the traveling public of the State;

6.	The affected airport's role in meeting the overall needs of the state-wide transportation system; and

7.	Any adverse economic impact resulting from the foregoing criteria.

(f)

The Department or its designee shall have forty-five (45) days to review the completed application and transcribed comments of any public hearing held and enter a written final determination that the Department will or will not request that the Administrator of the FAA exempt the landfill from AIR-21, including the reasons for the decision. The Department's final decision will be subject to judicial review as provided in the Georgia Administrative Procedure Act.

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