Several state rules regarding the establishment and continued licensing of airports are subject to a state review of air traffic patterns and operations characteristics. For instance, the codes establishing minimum standard for safety in California,104 Hawaii,105 Indiana,106 New Hampshire,107 and South Dakota108 make direct reference to “safe air traffic patterns.” Kentucky specifically permits the promulgation of air traffic rules.
Airport regulations are the result of the evolving nature of aviation. A changing political landscape created a fragmented federalist system of airport governance. Roughly half of the states require airports to meet standards for licensure, certification, or registration. Most states participate in an inspection program. However, in states without a state regulatory scheme, the FAA 5010 Inspection Program is advisory in nature. Many states use their grant program to gain compliance with state requirements through contractual grant conditions similar to the FAA grant assurance program. This digest assists airport stakeholders in understanding safety and security of general aviation airports across the country.
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104 CAL. PUB. UTIL. CODE § 21666.
105 HAW. REV. STAT. § 261-16.
106 IND. CODE ANN. § 8-21-1-10.
107 N.H. REV. STAT. ANN. § 422:16.
108 S.D. ADMIN. R. 70:02:04:06.