N.Y. General Business Law § 249: Location of privately-owned airports

§ 249. Location of privately-owned airports. 1. Legislative findings

and purpose. The continuing development and the rapid growth of air

transportation and the use of aircraft for various purposes, both

commercial and private, during the last twenty years, has substantially

contributed to the economic betterment, well-being and recreational

enjoyment of the people of the state. The increased number, size and

growth of airports resulting from operational requirements of newer and

larger aircraft operating more frequently has brought about a conflict

of land use. This is of particular concern to the state in major public

works construction such as highways, public buildings and facilities.

There is authority for municipalities to control the establishment or

improvement of publicly-owned airports and landing areas so as to assure

coordination between developments in the field of public works.

Uncontrolled establishment of privately-owned airports and landing areas

could seriously impair the existing federal-state highway program.

Federal-aid highway funds may not be used for reconstruction or

relocation of any highway, the usefulness of which may be impaired by

the location or extension of an airport. This activity also presents

major problems for municipalities particularly where the airport or

operations therefrom span more than one municipality.

The legislature, therefore, finds that in order to meet the problems

of local government in the establishment of privately-owned airports and

landing areas and to insure coordination between developments in the

field of public works that certain criteria be met in the location of or

extension of a privately-owned airport or landing area.

2. Definitions. When used in this section:

a. Airport means both an airport and landing area as defined in

section two hundred forty of this article.

b. Airport improvement means the extension, alteration, addition to or

realignment of the runways of an existing privately-owned airport or the

modification in any way of the landing and take-off directions at such a

privately-owned airport.

3. Approval of privately-owned airports. No person shall hereafter

establish a privately-owned airport or make an airport improvement to an

existing privately-owned airport except by authorization of the

governing body of the city, village or town in which such airport or any

part thereof is proposed to be established or improved. The governing

body of a city, village or town shall not authorize the establishment of

such an airport or an airport improvement at a requested location unless

in accordance with the standards prescribed by the commissioner of

transportation. The local governing body of a city, village or town

shall, prior to granting such authorization, request the commissioner of

transportation to determine whether or not the establishment of such a

privately-owned airport improvement complies with his standards. In

order to make such a determination of compliance, the commissioner of

transportation must first make findings of fact (1) that operations of

such airport will not conflict with or affect the safety of public

buildings or facilities, or operations on public highways or waterways;

and (2) that the volume, character and direction of traffic at such

airport will not constitute a menace to the safety of operations at

other airports in the vicinity. Approval for the establishment of such

an airport or airport improvement may be subject to any reasonable

conditions which the commissioner of transportation may deem necessary

to effectuate the purposes of this section.

4. Hearings. In connection with his determination as to whether the

establishment of a privately-owned airport or an airport improvement as

defined in this section complies with his standards the commissioner of

transportation may on his own motion or upon the request of an affected

or interested person or of the governing body of the city, village or

town requesting such determination of compliance, hold a hearing as

provided in subdivision five below.

5. Investigations, hearings. The commissioner of transportation or any

officer or employee of the department of transportation designated by

the commissioner of transporation, shall have the power to conduct

investigations and inquiries and to hold hearings concerning matters

covered by this act and the rules, regulations and orders of the

commissioner of transportation. Hearings shall be held upon such call or

notice as the commissioner of transportation or his duly designated

representative shall deem advisable. The commissioner of transportation

and each person designated by him to conduct any investigation or

inquiry, or to hold any hearing shall have the power to administer oaths

and affirmations, certify to all official acts, issue subpoenas, and

order the attendance and testimony of witnesses and the production of

books, papers and documents. In the case of the failure of any person to

comply with any subpoena or order issued under the authority of this

section, the commissioner of transportation or his authorized

representative may invoke the aid of any court of general jurisdiction

of this state. The court may thereupon order such person to comply with

the requirements of the subpoena or order to give evidence touching the

matter in question. Failure to obey the order of the court may be

punished by the court as a contempt thereof.

6. Rules and regulations. The commissioner of transportation is

authorized to adopt such rules and regulations as may be necessary for

the proper administration and enforcement of the provisions of this

section, but not inconsistent therewith, and to amend or repeal any of

such rules and regulations.

7. Delegation of powers. The commissioner of transportation may,

except as to rule-making powers, by a writing filed in the office of the

department designate any officer or employee of the department of

transportation to carry out his duties under this section.

8. Nothing in this section shall be construed to deny the governing

body of any city, village or town the right to perform any lawful

regulatory activity relating to privately-owned airports, which is not

within the purposes or scope of this section.