§261-16 Licensing of airports. (a) Site approvals. Except as provided in subsection (d) of this section, the department of transportation may provide for the approval of airport sites and the issuance of certificates of the approvals. No charge shall be made for any approval. Upon the promulgation of a rule or regulation providing for such approvals, any person desiring or planning to construct or establish an airport may, before the acquisition of the site or before the construction or establishment of the proposed airport, make application to the department for approval of the site. The department shall with reasonable dispatch issue a certificate granting approval of a site if it is satisfied (1) that the site is adequate for the proposed airport; (2) that the proposed airport, if constructed or established, will conform to minimum standards of safety; and (3) that safe air traffic patterns can be worked out for the proposed airport and for all existing airports and approved airport sites in its vicinity. An approval of a site may be granted subject to any reasonable conditions which the department may deem necessary to effectuate the purposes of this section, and shall remain in effect, unless sooner revoked by the department, until a license for an airport located on the approved site has been issued pursuant to subsection (b) of this section. The department may, after notice and opportunity for hearing to a holder of a certificate of approval, revoke the approval when it shall reasonably determine (1) that there has been an abandonment of the site as an airport site, or (2) that there has been a failure within the time prescribed, or if no time was prescribed, within a reasonable time, to develop the site as an airport or to comply with the conditions of the approval, or (3) that because of change of physical or legal conditions or circumstances the site is no longer usable for the aeronautical purposes for which the approval was granted.

(b) Licenses. Except as provided in subsection (d), the department may provide for the licensing of airports and the annual renewal of such licenses. It may charge license fees not exceeding $100 for each original license, and not exceeding $10 for each renewal thereof. Upon the promulgation of a rule or regulation providing for the licensing, the department shall with reasonable dispatch, upon receipt of an application for an original license and the payment of the duly required fee therefor, issue an appropriate license if it is satisfied that the airport conforms to minimum standards of safety and that safe air traffic patterns can be worked out for the airport and for all existing airports and approved airport sites in its vicinity. All licenses shall be renewable annually upon payment of the fees prescribed. Licenses and renewals thereof may be issued subject to any reasonable conditions that the department may deem necessary to effectuate the purposes of this section. The department may, after notice and opportunity for hearing to the licensee, revoke any license or renewal thereof, or refuse to issue a renewal, when it shall reasonably determine (1) that there has been an abandonment of the airport as such, or (2) that there has been a failure to comply with the conditions of the license or renewal thereof, or (3) that because of change of physical or legal conditions or circumstances, the airport has become either unsafe or unusable for the aeronautical purposes for which the license or renewal was issued. It shall be unlawful for any person to operate an airport without an appropriate license for such, as may be duly required by rule or regulation issued pursuant to this subsection.

(c) Public hearings. In connection with the grant of approval of a proposed airport site or the issuance of an airport license under subsections (a) and (b) of this section, the department may, on its own motion or upon the request of an affected or interested person, hold a hearing open to the public, and shall hold a hearing when and as required by section 261-13.

(d) Exemptions. The requirements of this section as to site approvals and licenses shall not apply to airports owned or operated by the United States. The department may, from time to time, to the extent necessary, exempt any other class of airports, pursuant to a reasonable classification or grouping, from any rule or regulation promulgated under this section or from any requirement of such a rule or regulation, if it finds that the application of the rule, regulation, or requirement would be an undue burden on such class and is not required in the interest of public safety. [L 1947, c 32, pt of §1; RL 1955, §15-22; am L Sp 1959 2d, c 1, §26; HRS §261-16]

Case Notes

Cited: 47 H. 495, 497, 393 P.2d 87.