PART 1. STATE AERONAUTICS ACT [21001. - 21712.]
Heading of Part 1 amended by Stats. 1961, Ch. 2071.
§§ 21001–21712 · 176 sections
CHAPTER 1. General Provisions and Definitions §§ 21001–21020 · 23 sections
- § 21001 This part may be cited as the “State Aeronautics Act.”
- § 21002 The purpose of this part is to further and protect the public interest in aeronautics and aeronautical progress by the following means: (a) Encouraging the…
- § 21003 Unless the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this part.
- § 21004 The acquisition of any land or interest therein pursuant to this part, the planning, acquisition, establishment, construction, improvement, maintenance,…
- § 21005 This part shall not be construed as limiting any power of the state or a political subdivision to regulate airport hazards by zoning.
- § 21006 This chapter or any other law shall not be construed as prohibiting, restricting, or permitting the prohibition of the operation or landing in populated areas…
- § 21006.5 “Department” means the Department of Transportation.
- § 21007 Whenever the term “California Aeronautics Commission,” “Division of Aeronautics,” or “Department of Aeronautics” is used in any other law, it means the…
- § 21008 “Director” means the Director of Transportation. Any reference in any law or regulation to the Director of Aeronautics shall be deemed to refer to the Director…
- § 21008.3 “Division” means the Division of Aeronautics in the department.
- § 21008.5 “Commission” means the California Transportation Commission.
- § 21009 “Person” means any individual, firm, partnership, corporation, limited liability company, company, association, joint stock association, or body politic; and…
- § 21010 “Political subdivision” means any county, city, city and county, public corporation, district or other political entity or public corporation of this State.
- § 21011 “Aeronautics” means: (a) The science and art of flight, including transportation by aircraft. (b) The operation, construction, repair, or maintenance of…
- § 21012 “Aircraft” means any manned contrivance used or designed for navigation of, or flight in, the air requiring certification and registration as prescribed by…
- § 21013 “Airport” means any area of land or water which is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas which are…
- § 21014 “Air navigation facility” means any facility, other than facilities owned or operated by the United States, used, or available or designed for use, in aid of…
- § 21015 “Operation of aircraft” or “operate aircraft” means the use, navigation, or piloting of aircraft in the air space over this State or upon any airport within…
- § 21016 “Airman” means any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under…
- § 21017 “Airport hazard” means any structure, object of natural growth, or use of land, which obstructs the air space required for flight of aircraft in landing or…
- § 21018 “Airway” means a route in the navigable air space over the land or waters of this State, designated by proper authority as a route suitable for air navigation.
- § 21019 A person who violates this part, other than Section 21407.1 or Section 21709, or any of the rules or orders issued under this part, is punishable by a fine of…
- § 21020 “Land” includes tide and submerged lands or other lands subject to the public trust for commerce, navigation, or fisheries.
CHAPTER 2. Department of Transportation and State Aeronautics Board §§ 21204–21258 · 24 sections
ARTICLE 1. Department of Transportation §§ 21204–21207 · 3 sections
- § 21204 The department may adopt, administer, and enforce rules and regulations for the administration of this part.
- § 21206 The department shall prepare a statement of all estimated revenues of the Aeronautics Account in the State Transportation Fund and revenues available for local…
- § 21207 Whenever a political subdivision owning and operating an airport constructs or implements a noise mitigation project at the airport, including, but not limited…
ARTICLE 1.5. State Aeronautics Board §§ 21215–21216 · 2 sections
- § 21215 (a) The State Aeronautics Board is hereby abolished, and the California Transportation Commission succeeds to, and is vested with, all the duties, powers,…
- § 21216 Any person or entity injured or aggrieved by any procedure or action of the department with respect to aeronautics may appeal to the California Transportation…
ARTICLE 2. Powers and Duties §§ 21240–21258 · 19 sections
- § 21240 This state recognizes the authority of the federal government to regulate the operation of aircraft and to control the use of the airways, and nothing in this…
- § 21241 The department shall encourage, foster, and assist in the development of aeronautics in this state and encourage the establishment of airports and air…
- § 21242 The department may: (a) Draft and recommend necessary legislation to advance the interest of the state in aeronautics. (b) Represent the state in aeronautical…
- § 21243 The department may make and amend general or special rules, regulations, and procedures and establish minimum standards, consistent with and clearly within the…
- § 21244 For the purpose of protecting and insuring the general public interest and safety and the safety of persons operating, using, or traveling in aircraft and…
- § 21245 The department shall keep on file with the Secretary of State, and at its principal office, a copy of all its rules for public inspection.
- § 21246 The department shall provide for the publication and general distribution of all its orders, rules, and procedures having general effect.
- § 21247 The department may enter into any contracts necessary to the execution of its powers under this part. All contracts made by the department, either as the agent…
- § 21248 The department may exercise any of its powers under this part jointly with any political subdivision, state agency, other states or their political…
- § 21249 The department may confer or hold joint hearings with any federal agency in connection with any matter arising under this part or relating to the sound…
- § 21250 The department may avail itself of the cooperation, services, records, and facilities of the federal agencies in the administration and enforcement of this…
- § 21251 In administering this part the department may use the facilities and services of other state agencies and political subdivisions to the utmost extent possible.…
- § 21252 (a) (1) The department, its members, the director, officers and employees of the department, and every state and peace officer charged with the enforcement of…
- § 21253 In the name of the state, the department may enforce this part and rules and orders issued under this part by injunction or other legal process in the courts…
- § 21254 The department may report to the appropriate federal agencies and agencies of other states all proceedings instituted charging violations of Section 21407, and…
- § 21255 The department may receive reports of penalties and other data from agencies of the federal government and other states, and may enter into agreements with…
- § 21256 The department may accept, receive, receipt for, disburse, and expend federal and other money, public or private, made available to accomplish in whole or in…
- § 21257 The department may own and operate aircraft for use in the furtherance of its duties, employ airmen and mechanics for proper operation and maintenance of the…
- § 21258 The department shall represent the state and local agencies before the Civil Aeronautics Board and other federal agencies in all matters related to the Airline…
CHAPTER 3. Regulation of Aeronautics §§ 21401–21416 · 18 sections
- § 21401 Sovereignty in the space above the land and waters of this state rests in the state, except where granted to and assumed by the United States pursuant to a…
- § 21402 The ownership of the space above the land and waters of this State is vested in the several owners of the surface beneath, subject to the right of flight…
- § 21403 (a) Flight in aircraft over the land and waters of this state is lawful, unless at altitudes below those prescribed by federal authority, or unless conducted…
- § 21404 Liability of the owner or pilot of an aircraft carrying passengers for injury or death to the passengers is determined by the rules of law applicable to torts…
- § 21404.1 (a) The liability of an owner, bailee of an owner, or personal representative of a decedent imposed by Section 21404 and not arising through the relationship…
- § 21405 The liability of the owner of one aircraft to the owner of another aircraft, or to operators or passengers on either aircraft, for damage caused by collision…
- § 21407 It is unlawful for any person to operate an aircraft in the air, or on the ground or water in a careless or reckless manner so as to endanger the life or…
- § 21407.1 (a) It is unlawful for any person, who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any…
- § 21407.2 (a) (1) (A) Any person who operates an aircraft in the air or on the ground or water is deemed to have given his or her consent to chemical testing of his or…
- § 21407.6 (a) Any person convicted under Section 21407.1 shall be punished upon a first conviction by imprisonment in the county jail for not less than 30 days nor more…
- § 21408 For any violation of Section 21407 or 21407.1, in addition to the penalties provided by Section 21019 or 21407.6, the court may prohibit the violator from…
- § 21409 It is unlawful for any person to engage in aeronautics as an airman in the State unless he has an appropriate effective airman certificate, permit, rating, or…
- § 21410 Every airman shall keep any certificate, permit, rating, or license required for him by the United States in his personal possession when he is operating…
- § 21411 It is unlawful for any person to operate, or cause or authorize to be operated, any civil aircraft within this State unless the aircraft has an appropriate…
- § 21412 Any certificate, permit, or license required by the United States for an aircraft shall be carried in the aircraft at all times while the aircraft is operating…
- § 21413 The department shall report to the appropriate federal agency all accidents in aeronautics in this state of which it is informed, and shall, insofar as is…
- § 21415 No person shall be in, or perform any act in connection with the maintenance or operation of, any aircraft when under the influence of intoxicating liquor.…
- § 21416 On all commercial aircraft which transport passengers for compensation or hire the door which separates the pilot compartment from the passenger compartment…
CHAPTER 4. Airports and Air Navigation Facilities §§ 21601–21690.29 · 96 sections
ARTICLE 1. Assistance to Political Subdivisions §§ 21601–21605 · 4 sections
- § 21601 The department may make available its engineering and other technical services, with or without charge, to any political subdivision or person desiring them in…
- § 21602 (a) Subject to the terms and within the limits of special appropriations made by the Legislature, the department may render financial assistance by grant or…
- § 21603 Upon the request of any political subdivision or political subdivisions acting jointly, the department may act as agent in accepting, receiving, receipting…
- § 21605 No proprietor of any permitted airport which is open to the public and has received public funds shall close or suspend operation of the airport, or close an…
ARTICLE 2. State Airports and Air Navigation Facilities §§ 21631–21646 · 9 sections
- § 21631 From appropriations or other money made available for the purpose, the department, on behalf of and in the name of the state, may plan, establish, construct,…
- § 21632 (a) The department may also acquire existing airports and air navigation facilities, but it shall not acquire any airport or air navigation facility owned or…
- § 21633 For the purposes of this article, the department, by purchase, gift, devise, lease, condemnation, or otherwise, may acquire real or personal property, or any…
- § 21636 The department may dispose of any property, airport, air navigation facility, or portion or interest, acquired pursuant to this article, by sale, lease, or…
- § 21637 In operating an airport or air navigation facility owned or controlled by the state, the department may enter into contracts, leases, and other arrangements…
- § 21638 The department shall call for bids for the operation of any state-owned airport and shall lease the airport for a term not to exceed five years to the highest…
- § 21639 The department shall grant no exclusive right for the use of any airport or air navigation facility under its jurisdiction. This section shall not be construed…
- § 21640 To enforce the payment of any charges for repairs, improvements, storage, or care of any personal property by the department or its agents in connection with…
- § 21646 It shall be a misdemeanor for any person to release or fly or cause to be released or flown, within five miles of any airport, any moored balloon, kite,…
ARTICLE 2.5. Non-Public-Use Airports §§ 21650–21650.2 · 3 sections
- § 21650 “Airport” for the purposes of this article means an airport not open to the general public.
- § 21650.1 An airport shall be marked as required by rule of the department with letters or symbol selected by the department to designate that the airport is not open to…
- § 21650.2 Nothing shall prevent an airport from applying for and receiving a permit pursuant to Article 3 (commencing with Section 21661) of this chapter.
ARTICLE 2.6. Hazard Elimination; Flight Disturbance §§ 21652–21653 · 2 sections
- § 21652 (a) Any person authorized to exercise the power of eminent domain for airport purposes may acquire by purchase, gift, devise, lease, condemnation, or…
- § 21653 Any person authorized to exercise the power of eminent domain for airport purposes may provide, by purchase, gift, devise, lease, condemnation, or otherwise,…
ARTICLE 2.7. Regulation of Obstructions §§ 21655–21659 · 5 sections
- § 21655 Notwithstanding any other provision of law, if the proposed site of any state building or other enclosure is within two miles, measured by air line, of that…
- § 21656 No person shall erect or add to the height of any structure within the boundaries of this state which will result in a structure that extends more than 500…
- § 21657 The department may refuse issuance of a permit under Section 21656 if it determines that the erection of or addition to a structure would obstruct the airspace…
- § 21658 No public utility shall construct any pole, pole line, distribution or transmission tower, or tower line, or substation structure in the vicinity of the…
- § 21659 (a) No person shall construct or alter any structure or permit any natural growth to grow at a height which exceeds the obstruction standards set forth in the…
ARTICLE 3. Regulation of Airports §§ 21661–21669.6 · 20 sections
- § 21661 This article does not apply to any temporary seaplane landing site, ultralight vehicle flightpark, or to airports owned or operated by the United States. To…
- § 21661.5 (a) No political subdivision, any of its officers or employees, or any person may submit any application for the construction of a new airport to any local,…
- § 21661.6 (a) Prior to the acquisition of land or any interest therein, including tide and submerged lands or other lands subject to the public trust for commerce,…
- § 21662 The department shall have the authority to issue airport site approval permits, amended airport site approval permits, airport permits, and amended airport…
- § 21662.1 (a) At or as near as practical to the site of a medical emergency and at a medical facility, an officer authorized by a public safety agency may designate an…
- § 21662.4 (a) Emergency aircraft flights for medical purposes by law enforcement, firefighting, military, or other persons who provide emergency flights for medical…
- § 21662.5 Notwithstanding Section 21006 or Section 21661 or any other provision of law to the contrary, no helicopter may land or depart in any area within 1,000 feet,…
- § 21663 It is unlawful for any political subdivision, any of its officers or employees, or any person to operate an airport unless an appropriate airport permit…
- § 21664 Any political subdivision or person planning to construct, establish, or expand an airport shall apply for the appropriate permit from the department prior to…
- § 21664.5 (a) An amended airport permit shall be required for every expansion of an existing airport. An applicant for an amended airport permit shall comply with each…
- § 21666 The department shall issue a permit if it is satisfied that all of the following requirements have been met: (a) The site meets or exceeds the minimum airport…
- § 21668 The department may revoke any airport permit if it determines that any of the following conditions are present: (a) There has been an abandonment of a site or…
- § 21668.2 In lieu of revoking an airport permit pursuant to Section 21668, the department may suspend any airport permit, or may require suspension of operations of a…
- § 21669 The department shall adopt noise standards governing the operation of aircraft and aircraft engines for airports operating under a valid permit issued by the…
- § 21669.1 (a) Land use conversion involving existing residential communities shall generally be considered the least desirable action for achieving compliance with noise…
- § 21669.2 In its deliberations, the department shall be governed by the following guidelines: (a) Statewide uniformity in standards of acceptable airport noise need not…
- § 21669.3 Any regulations designed to establish a noise monitoring program at an airport entering service after November 30, 1971, shall go into effect on the date the…
- § 21669.4 (a) The violation of the noise standards by any aircraft shall be deemed a misdemeanor and the operator thereof shall be punished by a fine of one thousand…
- § 21669.5 (a) For purposes of this section, the following terms have the following meanings: (1) (A) “Avigation easement” means a less-than-fee-title transfer of real…
- § 21669.6 Hearings under this article required by the provisions of Sections 21666, 21668, 21668.2, and 21669, or regulations adopted pursuant to those provisions, shall…
ARTICLE 3.5. Airport Land Use Commission §§ 21670–21679.5 · 22 sections
- § 21670 (a) The Legislature hereby finds and declares that: (1) It is in the public interest to provide for the orderly development of each public use airport in this…
- § 21670.1 (a) Notwithstanding any other provision of this article, if the board of supervisors and the city selection committee of mayors in the county each makes a…
- § 21670.2 (a) Sections 21670 and 21670.1 do not apply to the County of Los Angeles. In that county, the county regional planning commission has the responsibility for…
- § 21670.3 (a) Sections 21670 and 21670.1 do not apply to the County of San Diego. In that county, the San Diego County Regional Airport Authority, as established…
- § 21670.4 (a) As used in this section, “intercounty airport” means any airport bisected by a county line through its runways, runway protection zones, inner safety…
- § 21670.6 Any action brought in the superior court relating to this article may be subject to a mediation proceeding conducted pursuant to Chapter 9.3 (commencing with…
- § 21671 In any county where there is an airport operated for the general public which is owned by a city or district in another county or by another county, one of the…
- § 21671.5 (a) Except for the terms of office of the members of the first commission, the term of office of each member shall be four years and until the appointment and…
- § 21672 Each commission shall adopt rules and regulations with respect to the temporary disqualification of its members from participating in the review or adoption of…
- § 21673 In any county not having a commission or a body designated to carry out the responsibilities of a commission, any owner of a public airport may initiate…
- § 21674 The commission has the following powers and duties, subject to the limitations upon its jurisdiction set forth in Section 21676: (a) To assist local agencies…
- § 21674.5 (a) The Department of Transportation shall develop and implement a program or programs to assist in the training and development of the staff of airport land…
- § 21674.7 (a) An airport land use commission that formulates, adopts, or amends an airport land use compatibility plan shall be guided by information prepared and…
- § 21675 (a) Each commission shall formulate an airport land use compatibility plan that will provide for the orderly growth of each public airport and the area…
- § 21675.1 (a) By June 30, 1991, each commission shall adopt the airport land use compatibility plan required pursuant to Section 21675, except that any county that has…
- § 21675.2 (a) If a commission fails to act to approve or disapprove any actions, regulations, or permits within 60 days of receiving the request pursuant to Section…
- § 21676 (a) Each local agency whose general plan includes areas covered by an airport land use compatibility plan shall, by July 1, 1983, submit a copy of its plan or…
- § 21676.5 (a) If the commission finds that a local agency has not revised its general plan or specific plan or overruled the commission by a two-thirds vote of its…
- § 21677 Notwithstanding the two-thirds vote required by Section 21676, any public agency in the County of Marin may overrule the Marin County Airport Land Use…
- § 21678 With respect to a publicly owned airport that a public agency does not operate, if the public agency pursuant to Section 21676, 21676.5, or 21677 overrules a…
- § 21679 (a) In any county in which there is no airport land use commission or other body designated to assume the responsibilities of an airport land use commission,…
- § 21679.5 (a) Until June 30, 1991, no action pursuant to Section 21679 to postpone the effective date of a zoning change, a zoning variance, the issuance of a permit, or…
ARTICLE 4. Aeronautics Fund §§ 21680–21688 · 15 sections
- § 21680 (a) The Aeronautics Fund is hereby continued in existence as the Aeronautics Account in the State Transportation Fund. The moneys deposited to the credit of…
- § 21681 As used in this article, the following terms have the following meanings: (a) “Own and operate” means that the public entity shall own the property in fee…
- § 21682 (a) The department shall establish individual revolving fund subaccounts for eligible airports in the Aeronautics Account in the State Transportation Fund.…
- § 21682.5 The department shall pay, from the Aeronautics Account to the Transportation Planning and Development Account in the State Transportation Fund, a sum equal to…
- § 21683 Any public entity may apply to the department each year for the allocation of funds for the acquisition or development of airports. The commission may,…
- § 21683.1 (a) At the discretion of the commission, any balance remaining in the Aeronautics Account, after the payments made under Section 21682, may be used to provide…
- § 21683.2 Any balance remaining in the Aeronautics Account, after the payments made under Section 21682 and Section 21683.1, shall be used at the discretion of the…
- § 21684 (a) No payment shall be made to a public entity pursuant to this article unless the public entity has established a special aviation fund in which all payments…
- § 21684.1 Notwithstanding the provisions of Section 21683, any balance remaining in the fund after the payments made under Section 21682 may be used by the department to…
- § 21684.5 Notwithstanding the provisions of this article inasmuch as they require matching funds the department may allocate funds to public agencies for the…
- § 21684.6 Notwithstanding the provisions of this article, inasmuch as they require matching funds, the department may allocate funds to a county or a city for the…
- § 21685 Any public entity may pay any part of the money in its special aviation fund to a state college or branch of the University of California located within its…
- § 21686 It shall be the duty of any public entity receiving payments or allocations under this article to periodically audit its books and records as deemed necessary…
- § 21687 (a) (1) If an airport, for which payments have been made from the Aeronautics Account, ceases to be open to the general public for more than one year, the…
- § 21688 (a) No payments shall be made from the Aeronautics Account for expenditure on any airport or for the acquisition or development of any airport, if the…
ARTICLE 4.5. Airport Facilities and Concessions §§ 21690.5–21690.10 · 6 sections
- § 21690.5 The Legislature finds and declares as follows: (a) The proper operation of California’s publicly owned or operated airports is essential to the welfare of the…
- § 21690.6 The provisions of this article shall apply to any airport owned or operated by a political subdivision, including a charter city.
- § 21690.7 The governing bodies of publicly owned or operated airports shall manage airport facilities and grant airport concessions in furtherance of the development of…
- § 21690.8 The Legislature recognizes that to further the policies and fulfill the objectives stated in this article, it is often necessary that publicly owned or…
- § 21690.9 Before entering any exclusive or limited agreement in connection with the management of any airport facility or the operation of any airport concession, the…
- § 21690.10 Nothing in this article shall excuse any local agency from complying with applicable state or local requirements for competitive bidding or public hearings…
ARTICLE 5. Los Angeles International Airport Relocation and Development §§ 21690.20–21690.29 · 10 sections
- § 21690.20 The Legislature hereby finds that Los Angeles International Airport is one of the important air terminals of the world, making a significant contribution daily…
- § 21690.21 Unless the context otherwise requires, the following definitions shall govern the construction of this article: (a) “Airport” means Los Angeles International…
- § 21690.22 Notwithstanding any other provision of law, the department is authorized to: (a) Assist homeowners displaced by the expansion of the airport to relocate in…
- § 21690.23 The department is authorized to expend any available funds, including state and federal funds, for the purpose of purchasing homes from homeowners displaced by…
- § 21690.24 Upon establishment of a program for additional payments to homeowners by the department pursuant to this article, the affected property owners may petition as…
- § 21690.25 Upon establishment by the department of a program for such additional compensation, the mayor shall appoint, subject to the approval of the city council, five…
- § 21690.26 The members of the board shall serve at the pleasure of the mayor, and any action taken by a majority thereof shall constitute the action of the board. The…
- § 21690.27 The Board of Airport Commissioners of the City of Los Angeles is directed to pay any sum awarded by the board pursuant to Section 21690.26.
- § 21690.28 The provisions of this article are available only to persons who own residential property which has been or is being condemned or sold for airport purposes.…
- § 21690.29 If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions…
CHAPTER 5. Proceedings §§ 21692–21694 · 3 sections
- § 21692 The department, any member, the director, or any officer or employee of the department designated by it may hold investigations, inquiries, and hearings…
- § 21693 In order to facilitate the making of investigations by the department in the interest of public safety and promotion of aeronautics, the reports of…
- § 21694 Every order of the department requiring performance of certain acts or compliance with certain requirements shall set forth the reasons, state the acts to be…
CHAPTER 6. Airport Planning §§ 21701–21707 · 7 sections
- § 21701 The division, in consultation with transportation planning agencies as designated by the director pursuant to Section 29532 of the Government Code, shall…
- § 21702 The California Aviation System Plan shall include, but not be limited to, all of the following elements: (a) A background and introduction element, which…
- § 21703 The division shall submit the California Aviation System Plan to the commission.
- § 21704 The division, in consultation with the transportation planning agencies, shall biennially revise the capital improvement plan developed pursuant to subdivision…
- § 21705 The commission shall review, hold public hearings on, and, based on these hearings, adopt or revise and adopt as revised, the California Aviation System Plan…
- § 21706 The division shall require that every project submitted for funding from the Aeronautics Account in the State Transportation Fund shall be consistent with the…
- § 21707 Any funds necessary to carry out Sections 21701, 21702, and 21704 shall be obtained from federal grants, except for updates of the capital improvement plan and…
CHAPTER 7. Skydiving or Sport Parachuting Operations §§ 21708–21709 · 2 sections
CHAPTER 8. Leaded Aviation Gasoline §§ 21710–21712 · 3 sections
- § 21710 For purposes of this chapter, “aviation retail establishment” means any public or private entity that sells aviation gasoline, or offers or otherwise makes…
- § 21711 An airport operator or aviation retail establishment shall not sell, distribute, or otherwise make available leaded aviation gasoline to consumers on or after…
- § 21712 If a provision of this chapter conflicts with a federal grant assurance in effect on or before December 31, 2030, that provision shall not apply to an airport…