CCLME.ORG - DIVISION 2.5.

State
California Regulations
TITLE 21. PUBLIC WORKS DIVISION 2.5. DIVISION OF AERONAUTICS (DEPARTMENT OF TRANSPORTATION)
database is current through 09/29/06, Register 2006, No. 39

Note: Authority and reference cited: Sections 14001 and 14500, Government Code.

s 3525. Preamble.
The following rules and regulations are promulgated in accordance with Public Utilities Code, State Aeronautics Act. These rules and regulations do not supersede any of the regulations of the Federal Aviation Administration (FAA). The term "airport" shall apply equally to heliports unless specified for "airports only" or "heliports only."

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21661 -21668.2, Public Utilities Code.

s 3526. General.
(a) These regulations are intended to be used in conjunction with relevant FFA Advisory Circulars (ACs); Title 14, Code of Federal Regulations [(CFRs); also referred to as Federal Aviation Regulations (FARS)]; and California Public Utilities Code (PUC), State Aeronautics Act , Sections 21001 et seq.
(b) Variations in proposed sites may justify the Department of Transportation's (Department's) reasonable deviations from the basic requirement contained herein through variances. Any justification for deviation must be balanced against the effect it would have on the safe use of the airport when compared to other advantages of the site.
(c) The Department hereby incorporates by reference pertinent sections of the following FAA ACs, all readily available from the FAA:
AC 70/7460-1J, "Obstruction Marking and Lighting," 1/1/96.
AC 150/5300-13, "Airport Design," 9/29/89 including through Change 4, 11/10/94;
AC 150/5325-4A, "Runway Length Requirements for Airport Design", 1/29/90 including through Change 1, 3/11/91;
AC 150/5340-1G, "Standards for Airport Markings", 9/27/93;
AC 150/5340-5B, "Segmented Circle Airport Marker System", 12/21/84 including through Change 1, 2/25/85;
AC 150/5340-24, "Runway & Taxiway Edge Lighting Systems," 9/3/75 including through Change 1, 11/25/77; and
AC 150/5390-2A, "Heliport Design," 1/20/94.

Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code.

s 3527. Definitions.
Except as provided in this section, the terms in these regulations are defined in the FARs; FAA ACs; and the PUC, State Aeronautics Act, Sections 21001 et seq.
(a) Agricultural Airport: An airport restricted to use only by agricultural aerial applicator aircraft (FAR Part 137 Operators).
(b) Approach Surface: A surface which begins at the end of the primary surface, with the same width as the primary surface, and extends outward and upward for a horizontal distance, width, and slope in accordance with FAR 77.25(d) for airports only and FAR 77.29(b) for heliports only.
(c) Approach/Takeoff Path: The flight track, centered within an approach surface, which helicopters follow when landing at or taking off from a heliport.
(d) Commercial Activities: Those activities which may offer a facility, service or commodity for sale, hire, profit, or any other business purpose. Examples of commodities for sale are: food, lodging, entertainment, real estate, petroleum products, parts and equipment. Examples of services are: flight training, charter flights, maintenance, aircraft storage and tie-down. Examples of a facility used for a business purpose are: facility used for the transport of persons for a corporate business purpose and a facility used to transport persons for compensation or hire.
(e) Design Helicopter: A generic helicopter which, for helicopters expected to operate at a heliport, reflects the maximum of the following design characteristics: weight, overall length, main rotor diameter, height, and length/width of the undercarriage.
(f) Displaced Threshold: A threshold at the approach end of a runway, not located at the physical end of a runway, which designates the beginning of the portion of the runway useable for landing.
(g) Emergency Medical Services (EMS) Landing Site: A site used for the landing and taking of of EMS helicopters that is located at or as near as practical to a medical emergency or at or near a medical facility and
(1) has been designated an EMS landing site by an officer authorized by a public safety agency, as defined in PUC Section 21662.1, using criteria that the public safety agency has determined is reasonable and prudent for the safe operation of EMS helicopters and
(2) is used, over any twelve month period, for no more than an average of six landings per month with a patient or patients on the helicopter, except to allow for adequate medical response to a mass casualty event if that response causes the site to be used beyond these limits, and
(3) is not marked as a permitted heliport as described in Section 3554 of these regulations and
(4) is used only for emergency medical purposes.
(h) Emergency Use Facility: An area for accommodating helicopters in support of emergency public safety agency operations, but it is not used as a heliport for any other purpose.
(i) Final Approach and Takeoff Area (FATO): The area of a heliport over which the final phase of the approach to a hover or a landing is completed and from which the takeoff is initiated.
(j) Heliport: an area of land, water, or structure used or intended to be used for the landing and takeoff of helicopters.
(k) Obstruction to Air Navigation: Any object that is higher than any of the heights defined in FAR 77.23.
(l) Offshore Oil Platform: A structure in the ocean, not connected to the shore by pier, bridge, wharf, dock or breakwater, used in the support of petroleum exploration or production.
(m) Operation: Either the landing or takeoff of an aircraft.
(n) Owner: The person with the authority to possess the facility, which may be in "fee simple" or a leasehold for a period of at least one year.
(o) Personal-Use Airport: An airport limited to the noncommercial activities of an individual owner or family and occasional invited guests.
(p) Primary Surface:
(1) For airports only: A surface longitudinally centered on a runway with a width and length determined in accordance with FAR 77.25(c).
(2) For heliports only: The area of the primary surface, in accordance with FAR 77.29(a), coincides in size and shape with the designated FATO of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation.
(q) Public-Use Airport: An airport that is open for aircraft operations to the general public and is listed in the current edition of the Airport/Facility Directory that is published by the National Ocean Service of the U.S. Department of Commerce.
(r) Relocated Threshold: Defines the start of the usable portion of a runway, but is not located at the physical end of a runway.
(s) Runway (airports only): A defined rectangular area of an airport prepared for the landing and takeoff of aircraft.
(t) Safety Area:
(1) For airports only: A defined surface surrounding the runway or taxiway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway or taxiway.
(2) For heliports only: A defined area on a heliport surrounding the FATO which is free of objects at or above the elevation of the closest point of the TLOF, other than those required for air navigation purposes, and is intended to reduce the risk of damage to helicopters accidentally diverging from the FATO. Objects required for air navigation purposes within this area shall be on frangible mounts and shall not penetrate the approach or transitional surfaces by more than two inches.
(u) Seaplane Landing Site: An area of water used, or intended for use, for landing and taking off of seaplanes.
(v) Site Approval Permit: A written approval issued by the Department authorizing construction of an airport in accordance with approved plans, specifications, and conditions.
(w) Special-Use Airport: An airport not open to the general public, access to which is controlled by the owner in support of commercial activities, public service operations and/or personal use.
(x) Taxiway: A designated, but not necessarily paved, path or route for aircraft to taxi from one airport area to another.
(y) Temporary Helicopter Landing Site: A site, other than an emergency medical service landing site at or near a medical facility, which is used for landing and taking off of helicopters and
(1) is used or intended to be used for less than one year, except for recurrent annual events, and
(2) is not marked or lighted to be distinguishable as a heliport and

(3) is not used exclusively for helicopter operations.
(z) Threshold: The beginning of that portion of the runway available and suitable for landing of aircraft.
(aa) Touchdown and Liftoff Area (TLOF): The load bearing area of a heliport that is centered within the FATO and upon which a helicopter lands or takes off.
(bb) Transitional Surface: Surface which extends outward and upward from the lateral boundaries of the primary surface and from the approach surfaces in accordance with FAR 77.25(e) for airports only or FAR 77.29(c) for heliports only.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21661-21668.2 and 21006, Public Utilities Code.

s 3528. Applications.

s 3529. Notice to Interested Parties.

s 3530. Permit Requirements.
(a) No person may hold an airport open for use, unless otherwise exempted, without first applying for and obtaining and appropriate permit or authorization as required by the Department.
(b) No aircraft takeoff or landing may be made at a site that is not permitted, exempted, or authorized in accordance with these regulations.
(c) A separate heliport permit is not required for a designated heliport located within the boundaries of a permitted airport if the heliport meets heliport design standards as described in Article 4 of these regulations.
(d) Any permit issued by the Department shall continue in effect so long as the airport meets the conditions under which the permit is issued or until action is taken by the Department to revoke or suspend the permit.
(e) When airport ownership changes, the new airport owner shall submit an application [an Amended/Corrected Airport Permit-Application (DOA-0103 (Rev. 10/96) for airports only) or a Corrected Heliport Permit-Application (DOA-0202 (Rev. 10/96) for heliports only)] and documentation showing who owns the airport to the Department within 30 days of such change.
(f) Before physical or operational changes are made which affect conditions which have been imposed upon operation of the airport, the airport owner shall submit an application [an Amended/Corrected Airport Permit-Application (DOA-0103 (Rev. 10/96) for airports only) or a Corrected Heliport Permit-Application (DOA-0202 (Rev. 10/96) for heliports only)] and supporting documentation identified on the applicable form to the Department to remove, add, or amend the conditions. The application and supporting documentation shall be submitted to the Department by the airport owner at least 30 working days prior to the physical or operational change.

Note: Authority cited: Sections 21243, 21663 and 21664.5, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code.

s 3531. Site Approval Permits.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code.

s 3532. Temporary Permits (Airports Only).
(a) No person may make aircraft landings and takeoffs from a nonpermitted or nonexempt site without first applying for and obtaining a temporary airport authorization from the Department to conduct such operations.
(b) For a temporary airport authorization other than for helicopter operations within 1000 feet of a school, a person shall apply for a temporary airport authorization by submitting a letter to the Department. Information to be submitted with the letter, for the application to be complete, is as follows:

(1) Name of person applying and name of the aircraft operator;
(2) Site location (latitude and longitude or other descriptive information which will assist in locating site);
(3) Local area map with site plotted on map (United States Geological Survey, city map, etc.);
(4) Type(s) of aircraft to use the site;
(5) Period and expected number of operations (landings and takeoffs);
(6) Purpose and description of operations;
(7) Letter or notice of approval from local governing body (city or county); and
(8) Letter or notice of approval by landowner.
(c) For a temporary airport authorization for helicopter operations within 1000 feet of a school:

(1) No person may takeoff or land a helicopter within 1000 feet of the boundary of any public or private school that maintains kindergarten classes or any classes in grades 1 through 12, unless at a permitted heliport or an EMS landing site, without first applying for and obtaining a Helicopter Landing Authorization (HLA) from the Derpartment or from a public safety agency (PSA) designated by the Department.
(2) To apply for an HLA, a person shall submit to the Department, or to a PSA designated by the Department, a completed Helicopter Landing Authorization-Application [Form DOA-0204 (Rev. 5/97)]. The application shall include the following:
(A) a signed statement from the administration of each school that is within 1000 feet of the proposed helicopter operations stating that the administration does not object to the proposed helicopter operations at the site and the administration waives its right to demand a public hearing in accordance with PUC Section 21662.5 and
(B) a signed statement approving the helicopter operations from the landing site's owner, if the helicopter operations will not be on school property.
(d) The Department shall evaluate temporary airport sites on the basis of the airport design standards in Article 3 and 4 of these regulations. Variances may be granted from design standards when safety of flight or the interests of the general public are not jeopardized.
(e) Temporary airport authorizations are for specific events and specified time periods.

Note: Authority cited: Sections 21243, 21662, 21662.5 and 21666, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code.

s 3533. Exemptions.
(a) All airports in the State of California, except those owned or operated by the United States Government, are subject to the permitting requirements of these regulations.
(b) The following classes of airport are exempt from the permitting requirements of these regulations pursuant to PUC Section 21661:
(1) Agricultural airports;

(2) Seaplane landing sites;
(3) Personal use airports in unincorporated areas which meet the requirements of Article 5 of these regulations;
(4) Any airport which has heretofore been established and which is currently being used pursuant to exemption granted under previous regulations of the Department. Such airports shall continue to be exempt, provided the use and conditions pertaining to such exemption continue to be met. Such airports shall be marked in accordance with Section 3560(e) of these regulations;
(5) Heliports established on offshore oil platforms;
(6) Temporary helicopter landing sites that are not within 1000 feet of the boundary of a public or private school maintaining kindergarten classes or any classes in grades 1 through 12;
(7) Emergency medical services (EMS) Landing Sites;
(8) Emergency use facilities.
(c) An owner of an exempt airport may apply for a permit under these regulations.
(d) The above-listed exemptions do not supersede or negate any requirements of Federal agencies or local government jurisdictions.
(e) An airport's exemption ceases if the airport's owner no longer operates the airport within the limitations of the exemption.

Note: Authority cited: Sections 21243, 21650.1 and 21661, Public Utilities Code. Reference: Sections 21650-21650.2, 21661-21668.2 and 21006, Public Utilities Code.

s 3534. Applications for an Airport Permit.
(a) Application to construct or establish an airport for which a permit is required in accordance with these regulations shall, prior to the construction or establishment of the proposed airport, be submitted to the Department for approval on a Site Approval Permit Application form [DOA-0100, (Rev. 10/96) for airports only or DOA-0201, (Rev. 10/96) for heliports only].
(b) For the Department to consider an application complete, the following items shall be submitted as a part of the Site Approval Permit Application:

(1) Two copies of scaled drawings of the airport and adjoining areas that show:
(A) the airport meets or exceeds the design standards established in Article 3 (for airports only) or Article 4 (for heliports only) of these regulations, unless the Department has granted a variance to a specific standard;
(B) arrows for magnetic and true north;
(C) magnetic alignment of the centerline of each approach surface; for a heliport that has multiple, consecutive approach surfaces which create a sector, include the magnetic alignment of each approach surface which defines the limits of the sector;
(D) locations and heights of structures, highways, railways, above ground wires, above ground cables, poles, fences, vegetation, and other potential obstructions that underlie the airport's imaginary surfaces as defined in FAR Part 77.25 (for airports only) or 77.29 (for heliports only); and
(E) additional information that is pertinent to the safe use of the airport;
(2) Topographic map that shows the location and altitude of the aircraft traffic patterns relative to the airport (for airports only) or the location of the approach surfaces relative to the heliport (for heliports only);
(3) Local area map or drawing depicting the airport and the location of schools, places of public gatherings, and residential areas within two miles of the centerline of a proposed runway or within 1,000 feet of the center of a proposed FATO;
(4) Documentation of approval of the plan for construction by either the Board of Supervisors of the county or the City Council of the city (as appropriate) in which the airport is to be located;
(5) Documentation of action by the Airport Land Use Commission of the county in which the airport is to be located (as appropriate);
(6) Documentation of compliance with the California Environmental Quality Act;
(7) Documentation showing ownership of the airport; and
(8) FAA Airspace Determination for the airport.
(c) Upon completion of the airport, the airport owner shall notify the Department and request an airport permit authorizing the airport to be opened for operations. The Department shall inspect the airport. If the airport meets all the conditions of the Site Approval Permit, the Department shall issue the airport permit.
(d) Examples of the various application forms are found in the Appendix of these regulations.

Note: Authority cited: Sections 21243 and 21664, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code.

s 3535. Processing Time.
(a) Within 10 working days after receipt of an application for a permit or temporary airport authorization, the Department shall notify the person applying in writing if the application is incomplete. An incomplete application cannot be processed. A complete application will initiate the permitting or authorization process.
(b) The Department's time periods for processing any complete application or notification per Section 3534(c) of these regulations from receipt to the final decision regarding issuance or denial of a permit or authorization are as follows:
(1) minimum time: 15 working days;
(2) median time: 30 working days; and
(3) maximum time: 45 working days, depending on proceedings/outcome of a public hearing or other problems.

Note: Authority cited: Section 21243, Public Utilities Code; and Section 15376, Government Code. Reference: Sections 21661-21668.2, Public Utilities Code; and Section 15376, Government Code.

s 3536. Revocation and Suspension.
An airport owner may request, by notification in writing to the Department, that the Department suspend or revoke the airport permit.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code.

s 3537. Temporary Permits (for Period Not More Than 30 Days).

s 3540. General.
(a) The information and standards included in this Article establish minimum standards for a permitted airport suitable for airplanes with a design approach speed of less than 91 knots, a wingspan of less than 49 feet, and a maximum certificated takeoff weight of 12,500 pounds or less.
(b) Design standards for runways and taxiways shall be in accordance with FFA ACs.
(c) Obstruction standards and designation of imaginary surfaces related to airports shall be in accordance with FAR Part 77.
(d) The Department may grant variances to these design and obstruction standards. These variances may be granted where reasonable conditions exist and the interests of the general public will not be compromised.
(e) The Department may require flight demonstrations by the airport's owner to assist in determining whether requested variances would affect safety.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code.

s 3541. Obstructions and Hazards.

Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21659 and 21661-21668.2, Public Utilities Code.

s 3542. Airport Design Standards.
As a minimum, the following items are required for a permitted airport:
(a) runway and runway safety area;
(b) a wind cone;
(c) a segmented circle with traffic pattern indicators if:
(1) the airport has right traffic to any runway and

(2) the airport does not have an operational air traffic control tower during all airport operating hours;
(d) runway and taxiway markings in accordance with Section 3543(a) of these regulations;
(e) clear 20:1 approach surfaces to each end of each runway's primary surface or to its displaced threshold;
(f) clear 7:1 transitional surfaces to each runway's primary surface and approach surfaces; and
(g) If night use is planned, airport lighting in accordance with Section 3543(b) of these regulations.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code.

s 3543. Marking, Lighting and Visual Aids.
(a) Airport marking. Airport markings are as follows:
(1) runway and taxiway markings:
(A) markings for paved runways and taxiways shall be in accordance with FAA AC 150/5340-1G and shall include runway designation numbers, centerline, runway holding position, and, if applicable, displaced or relocated threshold markings. Additionally, a runway that is not open to the general public shall be marked with the letter "R" at each runway end. The "R" shall be at least 20 feet in height and 11 feet in width. Line width shall be 30 inches. The marking is to be painted white and it shall be kept in a clearly distinguishable condition.
(B) markings for unpaved runways shall include delineation of runway ends and, if applicable, displaced threshold bars. Additionally, an unpaved runway that is not open to the general public shall be marked with the letter "R". The "R" shall be located adjacent to the runway as near as practical to either the runway mid-point or each end of the runway, and in a location that is not a hazard to aircraft operations. The "R" shall be at least 20 feet in height and 11 feet in width. Line width shall be 30 inches. The marking shall be a color that provides contrast with the ground and it shall be kept in a clearly distinguishable condition. Any materials used to delineate features on a runway or taxiway or to construct the "R" shall be constructed such that they are not a hazard to aircraft operations.
(2) markings of a closed or abandoned runway shall be in accordance with FAA AC 150/5340-1G.
(b) Airport Lighting. An airport lighting system is required for night operations.
An airport lighting system consists of the following:
(1) runway edge and threshold lights in accordance with FAA AC 150/5340-24.
(2) a lighted wind cone;
(3) if traffic pattern indicators are required in accordance with Section 3542(c) of these regulations, they shall be illuminated;
(4) if a runway is lighted and it is not open to the general public, at least one "R", as required in Section 3543(a) of these regulations, shall be illuminated; and
(5) obstruction lights as follows:
(A) at a public-use airport, any obstruction to air navigation as defined in FAR 77.23 shall be lighted in accordance with FAA AC 70/7460-1J, unless the FAA has conducted an aeronautical study and determined that the lighting is not necessary for safety and the Department concurs.

(B) at an airport that is not for public-use, the airport owner shall survey the airport area and shall identify objects that are obstructions to air navigation as defined in FAR 77.23. The Department shall evaluate the obstructions and determine whether obstruction lighting is required.

Note: Authority cited: sections 21243 and 21253, Public Utilities Code. Reference: Sections 21650.1 and 21661-21668.2, Public Utilities Code.

s 3544. Personal-Use Airports.

Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code.

s 3545. Special-Use Airports.

Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code.

s 3550. General.
(a) The information and standards included in this Article establish minimum standards for a permitted heliport suitable for a design helicopter.
(b) Design standards for a permitted heliport shall be in accordance with FAA ACs.
(d) The Department may grant variances to these design and obstruction standards. These variances may be granted where reasonable conditions exist and the interests of the general public will not be compromised.
(e) The Department may require flight demonstrations by the heliport's owner to assist in determining whether requested variances would affect safety.

Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code.

s 3551. Heliport Design Standards.
As a minimum, the following items are required for a permitted heliport:
(a) final approach and takeoff area (FATO) with:
(1) a length and width or diameter that is at least one and one half times the overall length of the design helicopter. This area shall be free of objects, to include safety nets and guard rails, at or above the closest point of the touchdown and lift-off area (TLOF);
(2) a safety area, surrounding the FATO, that is the greater of one third times the main rotor diameter of the design helicopter or ten feet; and
(3) a load bearing portion that:
(A) is centered within the FATO and, if the entire FATO is not load bearing, is delineated as a TLOF. A delineated TLOF shall be at least 1.5 times the undercarriage length or width, whichever is greater, of the design helicopter;
(B) is free of objects and surface irregularities; and
(C) has a grade that does not exceed 2%. If approved by the Department, the grade may exceed 2% to allow for a curb around the edges so long as the curb is tapered so that it does not present a sharp lip that could create a pivot point for a helicopter's landing gear. If allowed, this curb shall not exceed two inches in height;
(b) a wind cone;
(c) at least one clear 8:1 approach surface to the FATO, centered along an approach/takeoff path;
(d) heliport markings as described in Section 3554(a) of these regulations;
(e) clear 2:1 transitional surfaces to the FATO and approach surfaces; and
(f) if night use is planned, heliport lighting in accordance with Section 3554(b) of these regulations.

Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code.

s 3552. Heliport Imaginary Surfaces.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code.

s 3553. Elevated Heliport Design.

Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code.

s 3554. Marking, Lighting, and Visual Aids.
(a) Heliport Marking. All markings, except for FATO and TLOF boundary markings, shall be oriented to be legible when flying toward the heliport using the primary approach/takeoff path. Heliport markings are as follows:
(1) an underlined letter "H" that shall be centered within the FATO and it shall be at least 10 feet in height. If the heliport is at a medical facility, the underlined letter "H" shall be red and it shall be imposed in the middle of a 30 ' white cross. A heliport not open to the public may utilize a company logo or some other marking in lieu of the "H" if approved by the Department;

(2) either FATO or TLOF boundary markings in accordance with Chapter 3 of the FAA AC 150/5390-2A. A heliport may have both FATO and TLOF boundary markings;
(3) a heliport not open to the public shall be marked with the letters "PVT" in letters at least 5 feet in height that are located on the FATO;
(4) a heliport that is restricted to helicopters under a certain weight (e.g., rooftop heliport), shall be marked with a weight limit marking, in thousands of pounds, that is located on the FATO;
(5) a landing direction arrow shall be used when an approach/takeoff path is constrained by environmental or safety concerns which require the precise navigation that the arrow affords. An arrow shall not be used for curved approach; and
(6) markings of a closed or abandoned heliport shall be in accordance with FAA AC 150/5390-2A.
(b) Heliport Lighting. A heliport lighting system is required for night operations. No lights may penetrate the heliport's primary, approach, or transitional surfaces by more than two inches. Any lighting fixture used shall present a low profile to minimize interference with ground maneuvering and flight operations. A heliport lighting system consists of the following:
(1) perimeter lighting in accordance with Chapter 3 of the FAA AC 150/5390-2A. Floodlights may be used in lieu of perimeter lights if approved by the Department. If approved by the Department, floodlights shall be located and oriented so they do not interfere with the pilot's ability to see clearly during takeoff, landing, or taxiing;
(2) a lighted wind cone;
(3) if a landing direction arrow is required in Section 3554(a)(5) of these regulations, the arrow shall have landing direction lights centered within it; and
(4) obstruction lights as follows:
(A) at a public-use heliport, any obstruction to air navigation as defined in FAR 77.23 shall be lighted in accordance with FAA AC 70/7460-1J, unless the FAA has conducted an aeronautical study and determined that the lighting is not necessary for safety and the Department concurs.
(B) at a heliport that is not for public-use, the heliport owner shall survey the heliport area to identify objects that are obstructions to air navigation as defined in FAR 77.23. The Department shall evaluate the obstructions and determine whether obstruction lighting is required.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code.

s 3555. Surface Stabilization and Pavement Design.

Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code.

s 3556. Fire Protection.

Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 2166.1-21668.2, Public Utilities Code.

s 3557. Applications.

s 3558. Notice to Interested Parties.

s 3559. Site Approval Permit or Amended Site Approval Permit Requirements.

s 3560. General.
Many elements in the design of Personal-Use airports are at the discretion of the owner. However, the Department requires at least the following:
(a) a runway length and width or FATO dimensions adequate to enable aircraft to operate safely, considering airport location and the performance data of the most demanding aircraft to utilize the airport;
(b) the ends of each runway shall be at least 200 feet from the airport property line or the closest point of each FATO shall be at least 80 feet from the airport property line;
(c) the distance from the runway centerline to the property line of another owner shall be at least 50 feet;
(d) the distance from the taxiway centerline to the property line of another owner shall be at least 50 feet; and
(e) if the airport is identifiable as an airport from the air, it shall be marked with the letter "R" in accordance with Section 3543(a) [for airports only] or the letters "PVT" in accordance with Section 3554(a)(3) [for heliports only]. If an airport lighting system is installed, it shall illuminate the required markings. The Department shall determine whether or not the airport is identifiable from the air if there is a dispute.

Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code.

Appendix

Figure 1. Cutaway Perspective Heliport Design

s 3570. School Site Evaluation Criteria.
(a) The following definitions apply within these regulations:
(1) "Airport runway" means any runway, or potential runway included in an airport master plan, that would be within two nautical miles of any boundary of a proposed school site that a school district intends to acquire.
(2) "Forecast aviation activity" means a projection of future aviation activity included in an airport master plan; or a regional transportation plan or similar document; or as provided by an airport owner or operator during the course of an investigation as required by Education Code Section 17215.

(3) "Runway" means a defined rectangular surface on an airport prepared or suitable for the landing or takeoff of airplanes.
(b) The State Department of Transportation (Department) shall investigate a proposed school site after receiving a written notice from the State Department of Education (Education) that includes a scaled map accurately depicting the location and boundaries of the proposed school site relative to any airport runway.
(c) The Department's investigation shall consider, but is not limited to considering: comments relevant to the proposed site acquisition received from an airport owner and operator, an airport land use commission having jurisdiction, a local planning commission having jurisdiction, and other public entities, when appropriate; existing and forecast aviation activity for each airport runway; where the proposed school site lies relative to aircraft flight paths and aircraft generated noise; and consistency with an adopted land use plan, military airfield Air Installation Compatible Use Zone study, General Plan, and similar planning documents.
(d) Based upon its investigation, the Department shall evaluate whether or not a school in the proposed location would be consistent with the enabling statute's guiding principles of promoting the safety of pupils, comprehensive community planning, and the greater educational usefulness of school sites. The Department shall recommend against acquisition of any proposed school site that it determines may not provide an adequate level of safety or non-disruptive noise for students based on aviation safety and aircraft noise considerations at the proposed site.
(1) The Department shall object to the acquisition of a proposed school site that would be within any of the following areas for existing or forecast aviation activity:
(A) a runway protection zone, which is an area for a:
a. civilian runway that is depicted in Figure 1 and has dimensions as shown in Table 1
b. military runway that is depicted and has dimensions as in Figure 2
(B) 65 decibel annual Community Noise Equivalent Level (CNEL) aircraft noise contour, as defined in 21 CCR section 5001(d).

(2) The Department may object to the acquisition of a proposed school site that would be within any of the following areas for existing or forecast aviation activity:
(A) where aircraft approaching or departing an airport are expected to be below cruise flight altitude. These areas are substantially enclosed within the areas depicted in Figure 2 and described as:
1. inner approach/departure zone, where aircraft are typically 200 to 400 feet above runway elevation for straight-in arrivals or straight-out departures
2. inner turning zone, where aircraft are typically turning and descending for landing or turning and climbing for departure
3. out approach/departure zone, where aircraft are generally below traffic pattern altitude and flying either an elongated traffic pattern or a published instrument approach procedure; this zone will be aligned with the extended runway centerline for an elongated traffic pattern and aligned with the published instrument approach procedure, when that procedure is not aligned with the extended runway centerline; each runway may have more than one outer approach/departure zone.
4. sideline zone, where aircraft may lose directional control on takeoff
5. traffic pattern zone, includes all portions of an airport's designated traffic pattern and pattern entry routes.
(B) where an adopted airport land use plan, military airfield Air Installation Compatible Use Zone study, General Plan, or similar planning document identifies schools as not normally compatible or not normally recommended.
(C) any other site that the Department determines may not provide an adequate level of safety of non-disruptive noise for students based on aviation safety and aircraft noise considerations.
Figure 1 Runway Protection Zone

Table 1. Runway Protection Zone (RPZ) Dimensions for Civilian Runways

-----------------------------------
1 The RPZ dimensions are for the runway end with the specified approach visibility minimums.
2 "Aircraft approach category" means a grouping of aircraft based on 1.3 times their stall speed in their landing configuration at their maximum certificated landing weight. The categories are as follows:
Category A: speed less than 91 knots
Category B: speed 91 knots or more but less than 121 knots
Category C: speed 121 knots or more but less than 141 knots
Category D: speed 141 knots or more but less than 166 knots
Category E: speed 166 knots or more
3 "Small airplane" means an airplane of 12,500 pounds or less maximum certificated takeoff weight
Figure 2

Note: Authority cited: Section 17215, Education Code. Reference: Section 17215, Education Code.

s 3580. Definitions.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21684.5 and 21684.6, Public Utilities Code.

s 3585. Program.

s 3586. Program Implementation.

s 3590. Design.

s 3591. Restrictions.

s 3592. Waivers.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Statutes 1979, chapter 511, sections 1 and 4.

s 4050. Purpose.
The regulations in this chapter establish rules and procedures to implement the California Aid to Airports Program (CAAP). The purpose of the CAAP is to assist in establishing and improving a statewide system of safe and environmentally compatible airports whose primary benefit is for general aviation (GA). The CAAP includes Annual Credits pursuant to Public Utilities Code (PUC) section 21682; the Airport Improvement Program (AIP) Matching Grants pursuant to PUC section 21683.1; and Acquisition and Development (A&D) Grants pursuant to PUC section 21683.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21602, 21682, 21683 and 21683.1, Public Utilities Code.

s 4051. Waivers.

s 4052. Definitions.
In addition to definitions set forth in the State Aeronautics Act (PUC sections 21001 et seq.), the terms defined below apply within these regulations:
(a) Air Navigational Facilities means: rotating beacons; approach aids such as approach lights, runway end identifier lights, visual approach slope indicators; automated weather reporting systems; and other fixed electronic or visual devices designed to assist the pilot of an aircraft determine the aircraft's location and flight path.
(b) Airport is defined in PUC section 21013.
(c) Airport Drainage means providing for drainage to make the airport operationally usable and to preserve pavement.
(d) Airport Improvement Program (AIP) means the Federal Aviation Administration's (FAA's) grant funding program for airports, which are included in the NPIAS.
(e) Airport Land Use Commission (ALUC) is defined in PUC section 21670.
(f) Airport Land Use Compatibility Plan (ALUCP), formerly known as a "comprehensive land use plan" (CLUP), is described in PUC section 21675.
(g) Airport Layout Plan (ALP) means a scaled drawing of an airport showing the existing and proposed facilities at the airport. An ALP shall depict, at a minimum:
(1) The boundaries of the airport's property.
(2) The operational areas of the airport, which are the runways, taxiways, hangars and aprons where aircraft are in motion or are parked.

(3) The runway protection zones, existing and future planned.
(4) The buildings and facilities within the boundaries of the airport's property.
(5) Arrows depicting true north and magnetic north.
(6) Its completion date and the name of the person and/or firm that prepared the ALP.
(7) A notice of adoption by the public entity or by the airport owner; and approval by the FAA for a NPIAS airport.
(h) Airport Master Plan: means a document that contains the following:
(1) the airport's current airport layout plan and
(2) a long-range, typically 20-year period, plan for the airport's development that includes technical, operational, and financial justification for the proposed development.
(i) Bond Servicing means the payment of interest due and of underwriting fees for revenue or general obligation bonds issued by an airport sponsor to finance capital improvement projects for airport and aviation purposes; and it does not include the payment of debt principal.
(j) Capital Improvement Plan (CIP), formerly known as "Capital Improvement Program," is an element of the California Aviation System Plan (CASP), in accordance with PUC section 21702(f).
(k) Department means the Division of Aeronautics within the California Department of Transportation.
(l) Environmental Mitigation means measures necessary to minimize any significant impacts on land use, air and water quality, biological and geological resources, objects of historical or aesthetic significance, and other environmental resources of a plan or project funded pursuant to these regulations.
(m) FAA means the Federal Aviation Administration.
(n) Fencing means perimeter or security fencing, including gates and access control devices for GA purposes.
(o) General Aviation (GA) is defined in PUC section 21681(c).
(p) General Aviation (GA) Purposes means improvements on airports that are needed to sustain and continue GA activities that include, but are not limited to, the following:
(1) Recreation;
(2) Business travel;
(3) Airport-based aviation businesses that teach people to fly; or operate charters for hire; or sell fuel, aircraft, and other aviation-related products;
(4) Aircraft manufacture and repair;
(5) Aerial or agricultural application;
(6) Television, radio, news or weather reporting;

(7) Law enforcement;
(8) Firefighting;
(9) Emergency medical service;
(10) Aerial photography;
(11) Transporting organs or blood or tissue for transplant;
(12) Pollution control over waterways, shores, and harbors;
(13) Scientific research and development;
(14) Wildlife surveys;
(15) Insect control and abatement;
(16) Banking;

(17) Search and rescue;
(18) Response to emergencies;
(19) Land surveys;
(20) Powerline/pipeline patrol;
(21) Aerial cranes for construction and lifting large objects;
(22) Non-scheduled cargo flights;
(23) Advertising with banners or skywriting;
(24) Sports such as gliders, aerobatics, and parachuting; and
(25) Transporting perishable and time-sensitive goods on non-scheduled flights.
"GA purposes" refers to the maximum dimensions or system requirements for airport capital improvement projects to serve the GA traffic, which uses a particular airport, in terms of runway and taxiway length, width, and depth, or type and extent of repair or new construction.
(q) Land Acquisition means to purchase land to develop and improve an airport to meet existing or forecast GA needs, as specified in an adopted ALP. If the airport is in the NPIAS, the adopted ALP must be approved by the FAA. It includes funding of a claim for any deposit paid by the sponsor when the sponsor has to condemn a parcel in order to purchase it. Land can be acquired for any of the following:
(1) Airport Drainage needed to make the airport operationally usable and to preserve pavement.
(2) Airport protection to fulfill the requirements of section 4058 of these regulations.
(3) To meet conditions of an airport's permit issued pursuant to PUC section 21662.
(4) Property to be used for the operation and movement of aircraft (e.g., landing and takeoff surfaces, taxiways, aprons, aircraft loading, boarding, parking areas, hangars); those areas within the airport boundary reserved for safety purposes; and off-airport property that is secured by an avigation easement or by fee simple acquisition for safety purposes.
(5) Environmental Mitigation.
(6) Air Navigational Facilities.
(7) Runway Protection Zones.
(r) Lights means airport lighting equipment for GA purposes, as specified in PUC section 21681(f)(8).
(s) NPIAS means the National Plan of Integrated Airport Systems developed by the Federal Aviation Administration.
(t) Project means an action undertaken by a public entity to improve the aviation transportation system in California. A project may be a physical improvement, an acquisition of land, the preparation of a planning document, or other such items as defined elsewhere in this Chapter.
(u) Project Services are functions a sponsor performs to complete an action for which the sponsor applies for funding pursuant to these regulations. Legal and administrative services are not "project services" within these regulations. "Project services" are performed for GA purposes, and are to improve the air transportation system in California; they include, but are not limited to, the following:
(1) Environmental studies conducted to comply with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA);
(2) Airport design;
(3) Contract drawings;
(4) Plans, Specifications, and Estimates (PS&E);
(5) Preliminary studies;
(6) Reports and drawings;
(7) Soil investigation;

(8) Mapping;
(9) Construction staking and testing;
(10) Land surveys; or
(11) Project inspection.
(v) Public Entity is defined in PUC section 21681(d).
(w) Runway Protection Zones is described in PUC section 21681(f)(4).
(x) Service Life means the length of time a facility, equipment, or product is useful as determined by either physical deterioration or obsolescence, whichever occurs first.
(y) Sponsor means:
(1) An ALUC;
(2) A city or county designated by an ALUC to compete for funds in accordance with PUC section 21602(b); or
(3) A public entity that is eligible to receive grants or loans from the Department for an airport open to the public.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21013, 21602, 21662, 21670, 21675, 21681 and 21702, Public Utilities Code.

s 4055. Requirements.
The following are requirements for sponsor participation in the California Aid to Airports Program (CAAP). The provisions of this article apply to applications for AIP Matching, Acquisition and Development (A&D), and Annual Credit funds.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21602, 21682, 21683, 21683.1 and 21688, Public Utilities Code.

s 4056. Permit and Funding Requirements.
(a) State Permit Requirement.
(1) A sponsor shall possess a valid state permit for each public-use airport for which it requests funds, with the exception of sponsors which are:
(A) Eligible pursuant to PUC section 21602(b), or
(B) An ALUC applying to prepare or update an Airport Land Use Compatibility Plan (ALUCP).

(2) The sponsor must obtain an appropriate site approval permit from the Department for the construction, establishment or expansion of the airport, in accordance with Title 21 CCR section 3525 et seq., prior to allocation of funds for the construction, establishment or expansion of an airport.
(b) Special Aviation Fund. The sponsor shall establish a special aviation fund in accordance with PUC section 21684.
The requirement for a special aviation fund shall be fulfilled if the sponsor has an accounting system that adequately accumulates and segregates expenditures and receipt of funds under this chapter.
(c) Records. The sponsor shall keep all records of CAAP expenditures from the time funds are received from the Department until three years after receipt of the final payment from the Department. During thattime, if the Department requests, the sponsor shall provide the Department with any or all records pertaining to the project. (continued)