CHAPTER 575

FORMERLY

HOUSE BILL NO. 660

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLES 2, 9 AND 30 OF THE DELAWARE CODE RELATING TO AERONAUTICS AND COUNTY BUILDING CODES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend § 102, Chapter I, Title 2 of the Delaware Code by inserting the following definitional paragraphs in alphabetical order and by redesignating all of the numbered paragraphs in said section accordingly:

"(10) 'Airport Approach Area' means all that area lying within and below an inclined plane as defined in Federal Aviation Regulation (FAR) Part 77.

(17) 'Helicopter Landing Site' means a heliport, helistop or helipad or any other surface used or usable for helicopter operations as defined in (FAR) Part 77.

(20) 'Obstruction' means any physical hazard to flight constructed, installed, or planted by man, whether real or artificial including, but not limited to, buildings, trees, towers, smokestacks and overhead transmission lines.

(25) 'Runway approach area' means an imaginary trapezoidal shape, beginning at the end of a runway with an initial width parallel to the runway end extending for a distance of 500 feet from each side of the runway centerline, running lengthwise from the runway end along said centerline for a distance of 3000 feet, and ending with a line parallel to the runway end extending for a distance of 875 feet from each side of said runway centerline, pursuant to FAA Advisory Circular 150/5300-13.

(26) 'Public use airport' means an airport open for use by the public for general aviation purposes."

Section 2. Amend § 132, Chapter I, Title 2 of the Delaware Code by striking the title of said section and substituting in lieu thereof a new title which shall read as follows:

"§ 132. Coordination of Aeronautics Matters and Activities with and between the Federal Government, Political Subdivisions and Others."

Section 3. Amend § 133, Chapter I, Title 2 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof a new section which shall read as follows:

"§ 133. Reports to Federal Agencies; Preservation of Aircraft Involved in Accidents.

The Federal Aviation Administration has primary responsibility for investigating aircraft accidents. Initial reports of accidents may be directed to State and/or local police agencies that report such aeronautical accident information to the Department through the Office of Aeronautics. The Office of Aeronautics shall report to the appropriate federal agency all aeronautical - accidents of which it is informed and shall cooperate with and assist federal agencies in the conduct of any investigation. Police agencies involved in an) accident investigation shall preserve, protect and prevent removal of component parts of any aircraft involved in an accident until the investigating agency or Office of Aeronautics gives clearance for removal of the wreckage."

Section 4. Amend § 134(c), Chapter 1, Title 2 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof a new subsection which shall read as follows:

"(c) Rules, regulations and standards for aeronautics are published by the United States Department of Transportation, Federal Aviation Administration. These regulations, as amended from time to time, have nationwide jurisdiction and shall govern all aeronautics in this State, except where the laws of this State provide additional protection."

Section 5. Amend § 136, Chapter I, Title 2 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof a new section which shall read as follows:

"§ 136. Technical Services to Public Use Airports and Political Subdivisions.

The Department may, insofar as is reasonably possible, offer its technical services and advice to any political subdivision or public use airport desiring those services in connection with the actual or proposed construction, maintenance or operation of an airport."

Section 6. Amend § 142, Chapter 1, Title 2 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof a new section which shall read as follows:

"§ 142. Financial Assistance to Political Subdivisions, Public Use Airports and Education Programs.

The Department may, through the Office of Aeronautics, render assistance in the acquisition, development, operation or maintenance of airports and aviation projects of political subdivisions and public use airports, and in the provision of training for formal educational programs, from funds generated through fees, taxes and other sources applicable to aeronautics and administered by the Office of Aeronautics."

Section 7. Amend § 161, Chapter I, Title 2 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof a new section which shall read as follows:

"§ 161. Declaration of Policy.

(a) The Federal Aviation Regulations (promulgated by the Federal Aviation Administration pursuant to Part A of Subtitle VII of Title 49 of the United States Code, as amended) prescribe uniform rules and regulations pertaining to aviation. These regulations, as may be amended, are hereby adopted as the aeronautics regulations of the State of Delaware. They shall be augmented and supplemented as necessary to regulate matters peculiar to this Slate.

(b) When authorized by the General Assembly, the Department of Transportation shall procure and operate transport-type aircraft to satisfy the needs of the State. Other State agencies may own and operate specialized light planes and helicopters required for special needs such as police work."

Section 8. Amend §§ 162 through 169, inclusive, of Chapter 1, Title 2 of the Delaware Code by deleting said sections in their entirety and substituting in lieu thereof the following:

"§ 162. Airports, Landing Areas, and Other Air Navigation Facilities.

The Department, through the Office Aeronautics may approve and license airports and helicopter landing sites, or other air navigation facilities, in accordance with regulations it adopts pertaining to such approval and licensure. Licenses granted under this section shall be renewed annually in conjunction with the Federal Aviation Administration sponsored airport survey program.

§ 163. Refusal and Revocation of License; Registration or Approval.

The Department, through the Office of Aeronautics, may suspend or revoke any certificate of approval or license issued by it when it determines that an airport, restricted landing area, or other navigation facility is not being maintained or used in accordance with the provisions of this chapter and the rules and regulations lawfully promulgated by it pursuant thereto."

Section 10. Amend Chapter I, Title 2 of the Delaware Code by adding thereto a new subchapter which shall read as follows:

"Subchapter V. Flight Instruction/Aircraft Rental.

§ 191. Insurance Notice.

All contracts for flight instruction and/or the rental or leasing of aircraft in the State shall contain a written statement notifying the student, renter, lessee or bailee of the extent of insurance coverage applicable to the lessor and lessee. The student. renter. lessee, or bailee shall sign such statement to signify that he/she is aware of the extent of such insurance coverage.-

Section 11. Amend § 5101, Chapter 51, Title 30 of the Delaware Code to add a new paragraph, to read as follows:

"(7) 'Aviation gasoline' is gasoline manufactured and distributed exclusively for use in internal combustion aircraft engines.-

Section 12, Amend Subsection 51I3(a), Chapter 51, Title 30 of the Delaware Code to add an additional sentence at the end of said subsection to read as follows:

"Aviation gasoline shall he reported separately from other gasolines,"

Section 13. Amend §§ 301, 304, 307, 309 and 310, Chapter 3. Title 2 of the Delaware Code, by striking the word "Aeronaut- wherever it appears in those sections, and replacing with the word "Airman".

Section 14. Amend §§ 306 and 309, Chapter 3, Title 2 of the Delaware Code by striking the word "Aeronauts- wherever it appears in said sections and replacing it with the word "Airmen",

Section 15. Amend § 501, Chapter 5. Title 2 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof a new section which shall read as follow',

"§ 501. Adoption of Federal Aviation Regulations Governing Aircraft Operations

The federal government has enacted laws (Part A of Subtitle VII of Title 49 of the fried States Code, as amended) and promulgated regulations concerning the operation of aircraft the rules and regulations governing aviation are published in the Federal Aviation Regulations issued by the Federal Aviation Administration of the U.S. Department of Transportation these regulations, as published and as subsequently amended, are hereby accepted and adopted as the laws of Delaware governing aircraft operation."

Section 16. Amend §§ 502 through 508, inclusive. of Chapter 5. Title 2 of the Delaware Code by deleting said sections in their entirety and substituting in lieu thereof new §§ 502 and 503. which shall read as fo11ows:

"§ 502. Use of Alcohol or Drugs in Connection With Aircraft Operations

The State of Delaware recognizes the serious hazard to safe aircraft operations and to the public resulting from the impairment of an airman's faculties due to the use of alcohol or drugs. In conformity with Parts 61, 65 and 91 of the Federal Aviation Regulations, upon reasonable suspicion that an airman may be acting under the influence of alcohol or drugs or be in possession of illegal drugs, the airman shall submit to alcohol and/or drug testing administered by the Delaware State Police. Test results shall be forwarded to the Federal Aviation Administration by the Department.

§ 503. Penalties; Jurisdiction

Violations under this chapter shall be referred by the Department. through the Office of Aeronautics, to the Federal Aviation Administration for enforcement action and/or imposition of sanctions."

Section 17. Amend Pat t I, Title 2 of the Delaware Code by adding thereto a new chapter which shall read as follows:

"Chapter 6. Obstructions in Airport Approach Areas.

§ 601. Jurisdiction.

The Department may enforce the provisions of this chapter by the tiling of a complaint in a court of appropriate jurisdiction. including a complaint for injunctive relief.

§ 601. erection or Maintenance of Obstructions, Prohibitions.

(a) A building permit issued by the County or municipality having land use jurisdiction, after review and approval as provided herein, shall he required for the construction, erection. placement or alteration of any smokestack. tree, silo, flagpole, elevated tank, power line or radio or television tower, antenna. building, structure or other improvement to real property which meets any of the following conditions:

(1) is greater than two hundred (200) feet in height above ground level; or

(2) is greater in height than an imaginary trapezoidal shape, beginning at the end of a runway of a public use airport. at an initial width of fifty (50) feet, and extending outward and upward at a slope of 100:1 for a distance of twenty thousand (20,000) feet. to a width of three thousand (3000) feet at its ending point; or

(3) is located within the runway approach area of each public use airport in the State: or

(4) otherwise constitutes an obstruction as defined in this title or acts as an obstruction to the operation of aircraft as those terms are defined by Federal Aviation Regulation (FAR) Part 77.

(b) Such building permit fur each such object or structure will not be issued until such time as the Department of Transportation through the Office of Aeronautics has reviewed and approved the application. The Department of Transportation, through the Office of Aeronautics, shall respond to the county or municipality having land use jurisdiction, regarding any objections it has to the issuance of a building permit, within thirty (30) days of receipt of such permit for review

(c) In order to provide safe aircraft approach areas to airport runways, the Department may. alter notice and a hearing, enter upon any lands or improvements located thereon which are situated in said airport approach areas and may remove obstructions to aviation. Owners of obstructions that were erected prior to the enactment of, or in compliance with, this Chapter, are entitled to compensation bit- the removed obstruction and/or any damages incurred in the removal thereof from hinds applicable to aeronautics and administered by the Office of Aeronautics. file process for condemnation of real property or improvements thereon under this Chapter as required I)) applicable law and constitutional provisions shall he governed by the procedures set forth in Chapter 61 of Tale 10 of the Delaware Code and Chapter 95, title 29 of the Delaware Code.

(d) In order to ensure that new structures are not erected that pose potential obstruction hazards, it shall be unlawful to erect any new structure or add to any existing structure if such structure is thereby made to extend more than two hundred (200) feet above ground level at its site, without giving prior notice to and obtaining prior notice to and obtaining prior approval from the Department.

§ 603. Erection or Maintenance of Obstructions; Penalties.

(a) Whoever constructs, erects, places or alters any obstruction without first obtaining a building permit as required in this chapter shall, upon being found liable therefore in a civil proceeding, be fined an amount not exceeding one thousand dollars ($1,000). Each day's continuation of a violation of this section shall be deemed a separate and distinct offense, all of which may be brought together in a single action."

Section 18. If any provision of this Act, or the application thereof to any person or circumstance, is held to be invalid by any court of competent jurisdiction, such invalidity shall not affect the other provisions of this Act which shall be given full force and effect without said invalid provision or application, and to that end the provisions of this Act shall be declared to be severable.

Section 19. Amend Section 3005, Title 9 of the Delaware Code by adding a new subsection (e) which shall read as follows:

"(e) A building permit shall be required for the construction, erection, placement, or alteration of any smokestack, tree, silo, flagpole, elevated tank, power line, radio or television tower, antenna, building, structure or other improvement to real property which meets any of the following conditions:

(1) is greater than two hundred (200) feet in height above ground level; or

(2) is greater in height than an imaginary trapezoidal shape, beginning at the end of a runway of a public use airport, at an initial width of fifty (50) feet, and extending outward and upward at a slope of 100;1 for a distance of twenty thousand (20,000) feet. to a width of three thousand (3000) feet at its ending point; or

(3) is located within the runway approach area of each public use airport in the State.

(4) otherwise acts as an obstruction to the operation of aircraft as those terms are defined in Chapter 6 of Title 2 or by Federal Aviation Regulations (FAR) Part 77: or

(5) Such building permit for each such object or structure will not he issued until such time as the Department through the Office of Aeronautics, has approved the application. The Department of Transportation, through the Office of Aeronautics. shall respond to the county or municipality having land use jurisdiction regarding any objections to the issuance of a building permit, with thirty (30) days of receipt of such permit for review."

Section 20. Amend Section 4497, Chapter 9 of the Delaware Code by adding a new subsection (d), which shall read as follows:

"(d) A building permit shall be required for the construction, erection. placement or alteration of any smokestack, tree, silo, flagpole, elevated tank, power line, radio or television tower, antenna, building, structure or other improvement to real proper} which:

(1) is greater than two hundred (200) feet in height above ground level; or

(2) is greater in height than an imaginary trapezoidal shape beginning at the end of a runway of a public use airport, at an initial width of fifty (50) feet. and extending outward and upward at a slope of 100:1 for a distance of twenty thousand (20,000) feet, to a width of three thousand (3000) feet at its ending point; or

(3) is located within the approach runway area of each public use airport.

(4) otherwise acts as an obstruction to the operation of aircraft as those terms are defined in Chapter 6 of Title 2 or by Federal Aviation Regulations (FAR) Part 77.

(5) Such building permit for each such object or structure will not be issued until such time as the Department through the Office of Aeronautics has approved the application. The Department of Transportation, through the Office of Aeronautics, shall respond to the county or municipality having land use jurisdiction, regarding any objections it has to the issuance of a building permit, with thirty (30) days of receipt of such permit for review."

Section 21. Amend Section § 6302, Title 9 of the Delaware Code by redesignating existing subsection (e) as subsection (f) and inserting a new subsection (e) which shall read as follows:

"(e) A building permit shall be required for the construction, erection, placement or alteration of any smokestack, tree, silo, flagpole, elevated tank, power line, radio or television tower, antenna, building, structure or other improvement to real property which:

(1) is greater than two hundred (200) feet in height above ground level; or

(2) is greater in height than an imaginary surface extending outward and upward at a slope of 100:1 for a horizontal distance of twenty thousand (20,000) feet from the nearest point of the nearest runway of each public use airport in the State; or

(3) is located within three thousand (3,000) feet of the nearest point of the nearest runway of each public use airport in the State; or

(4) otherwise acts as an obstruction to the operation of aircraft as those terms are defined in Chapter 6 of Title 2 or by Federal Aviation Regulations (FAR) Part 77.

(5) Such building permit for each such object or structure will not be issued until such time as the Department through the Office of Aeronautics has approved the application."

Approved July 25, 1996