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Virginia Administrative Code (Last Updated: January 10, 2017) |
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Title 24. Transportation and Motor Vehicles |
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Agency 5. Virginia Aviation Board |
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Chapter 20. Regulations Governing the Licensing and Operation of Airports and Aircraft Andobstructions to Airspace in the Commonwealth of Virginia |
Section 145. Waiver of minimum requirements
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A. Upon application by an airport sponsor, setting forth the reason or reasons that one or more requirements sought to be waived cannot be met, the board may waive compliance of requirements of 24VAC5-20-140. In the waiver, the board shall specify the minimum requirement or requirements covered by the waiver and set terms for the waiver, including the time period for the waiver.
B. Considerations for granting the waiver shall be limited to (i) a determination of no hazard based on a Federal Aviation Administration airspace evaluation and implementation of mitigation recommendations if applicable, (ii) a determination of impracticality due to topography, or (iii) a benefit cost analysis proving improvements as financially unfeasible.
C. An airport having a license issued prior to October 1, 1995, and not meeting one or more minimum requirements for licensure in effect on October 1, 1995, shall be exempt from having to comply with those noncomplying requirements for as long as the airport remains an active public-use facility unless those noncomplying requirements are caused by natural growth.
Historical Notes
Derived from Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 04, eff. November 20, 2013.