Chapter 360 — Aeronautics Code

360.011 Declaration of Purpose This law promotes aviation safety and development in Minnesota while coordinating with federal rules. 360.012 Sovereignty; Liability; Effect of Other Law Minnesota owns the airspace above the state. Landowners and drone rules are covered here too. 360.013 Definitions Defines key aviation terms used throughout the aeronautics chapter, like airport, aircraft, and commissioner. 360.014 This section has been repealed and is no longer in effect. 360.015 Commissioner; Powers and Duties The Commissioner of Transportation oversees aviation in Minnesota, sets rules, and works with federal agencies. 360.0151 Air Service Marketing Program Creates a state program to market and promote scheduled airline service at greater Minnesota airports. 360.016 Federal Aid The commissioner can work with the federal government and accept federal money for airport projects. 360.0161 Application for Federal Aid; Commissioner as Agent Municipalities must get state approval before applying for federal airport aid. 360.017 State Airports Fund Creates the state airports fund, which pays for airport projects, maintenance, grants, and aviation programs. 360.018 Regulating Aircraft, Airmen, Airports, Instructors Sets rules for registering aircraft, licensing airports, and regulating flight instructors in Minnesota. 360.019 Order of Commissioner; Review If the commissioner denies a license or permit, the applicant can request a hearing and appeal. 360.021 State Airport The commissioner can build, buy, and run state airports, but cannot create new state-owned airports. 360.0215 Service of Process; Long-arm Statute; Fee Nonresidents who fly aircraft in Minnesota can be served legal papers through the commissioner. 360.0216 Aircraft Operator Deemed Owner's Agent If someone flies an aircraft with the owner's permission, they are treated as the owner's agent in accidents. 360.022 Misdemeanor Violating aircraft registration or commissioner rules is a misdemeanor. Each day is a separate offense. 360.023 Transfer of Air Navigation Facility The commissioner can transfer state-owned navigation equipment to the federal government or local airports. 360.024 Air Transportation Service Charge Users of state air transportation services must pay charges for operating and aircraft costs. 360.025 This section has been repealed and is no longer in effect. 360.031 Definition of Municipality For airport laws, municipality means any county, city, town, or airport authority in Minnesota. 360.032 Municipality May Acquire Airport Any municipality can buy land, build airports, and operate air navigation facilities. 360.033 Sovereign Rights Airports and air navigation facilities are declared public necessities, making their land tax-exempt. 360.034 Prior Acquisition of Property Validated Validates any past property purchases made by municipalities for airport purposes. 360.035 Exemption From Taxation Airport property owned by a municipality is exempt from property taxes, with some exceptions. 360.036 Financing Airport and Improvements Municipalities can issue bonds to pay for building or improving airports. 360.037 General Power to Tax; Revenue Priorities Municipalities can levy taxes to fund airport operations, with voter approval for amounts above limits. 360.038 Specific Powers of Municipality Gives municipalities specific powers to manage airports, including making rules and leasing property. 360.039 Federal Aid Municipalities can accept federal and state airport grants and designate the commissioner as their agent. 360.041 Airport on Water and Reclaimed Land Municipalities can build airports on public waters, submerged land, or reclaimed land. 360.042 Joint Operation; Joint Powers Board Two or more municipalities can work together to build and operate airports jointly. 360.0425 General Powers of Authority An airport authority has all the same powers as a municipality for airport purposes. 360.0426 Creation of an Airport Authority; Dissolution Cities can join with other cities, counties, towns, or tribes to create a joint airport authority. 360.0427 Tax Levy May Be Certified by Airport Authority An airport authority needs a two-thirds vote to impose a property tax levy. 360.043 Assistance to Other Municipality A municipality can help another municipality pay for airports or air navigation facilities. 360.044 County Authority Airport workers hired under this chapter can participate in state pension and benefit programs. 360.045 Jurisdiction Exclusive Courts can issue orders to stop or prevent violations of aeronautics laws. 360.046 Requirements for Closure of Municipal Airport Wrongful or negligent acts by airport board members are the legal responsibility of the municipality. 360.061 Definitions The legislature finds that airport hazards endanger lives and reduce airport usefulness. 360.062 Airport Hazard Prevention; Protecting Existing Land Uses Defines terms used in airport zoning laws, including airport hazard and nonconforming use. 360.063 Airport Zoning; Authority, Procedure Airport zoning regulations must limit building heights and land uses near airports for safety. 360.064 Airport Zoning; Comprehensive Ordinance, Conflict Zoning rules must be reasonable and consider existing land uses and the airport development plan. 360.065 Airport Zoning; Adoption and Approval of Proposed Regulations The commissioner adopts airport safety zoning rules, with procedures for local adoption. 360.0655 Airport Zoning Regulations Based on Commissioner's Standards; Submission Process Municipalities can adopt interim airport zoning ordinances that last up to one year. 360.0656 Custom Airport Zoning Standards Municipalities must notify landowners within two miles of proposed airport zoning changes. 360.066 Airport Zoning; Minimum Standards, Land Uses Airport zoning boards handle permits for structures near airports that may be hazards. 360.067 Airport Zoning Permit, Variance; Administrative Agent The zoning board of adjustment can grant variances and hear appeals of zoning decisions. 360.068 Appeal of Airport Zoning Decision Appeals from the board of adjustment go to district court within 30 days. 360.069 Airport Zoning Administration Existing structures that violate new airport zoning rules can remain as nonconforming uses. 360.071 Board of Adjustment Violating airport zoning regulations is a misdemeanor, with daily fines for continuing offenses. 360.072 Judicial Review Airport zoning ordinances override any conflicting local zoning regulations. 360.073 Violations, Penalties, and Remedies Municipalities must acquire or zone airport hazard areas through purchase, easements, or zoning. 360.074 Acquisition of Air Rights Airport zoning actions are exempt from the Metropolitan Land Planning Act. 360.075 Violations, Penalties The commissioner or municipal officers can enter and inspect airports and aviation facilities. 360.0751 The legislature finds controlled airspace is needed for safe, efficient airport operations. 360.0752 Aircraft Operator Under Influence of Alcohol, Controlled Substance, or Intoxicating Substance Defines terms used in the airport runway protection zone laws. 360.0753 Testing Procedures Restricts building or land changes in runway protection zones. Commissioner can order compliance. 360.076 Citation, Aeronautics Code Minnesota aviation laws apply uniformly statewide and override conflicting local laws. 360.101 This law sets safety rules for flights in or near the Boundary Waters Canoe Area Wilderness. 360.102 Defines terms used in the Boundary Waters flight rules, including BWCAW and motorized equipment. 360.103 Aircraft cannot fly below 4,000 feet over the BWCAW, with exceptions for emergencies. 360.104 The commissioner sets rules for aircraft approaching or departing BWCAW-area airfields. 360.105 The BWCAW flight rules do not limit existing airfield rights or emergency operations. 360.106 Violating BWCAW flight rules is a misdemeanor punishable by fine or jail time. 360.107 Restricts aircraft noise by setting standards for noise levels near airports. 360.1071 Property owners near the Minneapolis-Saint Paul airport can get help reducing aircraft noise. 360.108 Airports with noise problems must develop noise reduction plans. 360.109 The commissioner can issue orders to enforce aircraft noise standards. 360.111 The Metropolitan Airports Commission and local airports must comply with noise rules. 360.112 Airport sponsors must keep noise exposure maps and notify the public of noise levels. 360.113 Sets noise limits for stage 2 aircraft operating at Minnesota airports. 360.114 The commissioner can grant waivers from noise rules in certain situations. 360.115 State noise standards apply in addition to any federal noise regulations. 360.116 Airports must disclose noise levels to nearby property buyers. 360.1161 Civil penalties up to $4,000 per violation for breaking aircraft noise rules. 360.117 Noise from certain military and government aircraft is exempt from state rules. 360.118 The state can sue to enforce noise rules and recover enforcement costs. 360.119 The commissioner must report annually on airport noise levels and enforcement actions. 360.1191 Funds from aircraft noise penalties go into a special noise mitigation account. 360.121 Unmanned aircraft (drones) must follow state rules and federal regulations. 360.122 Defines terms used in the unmanned aircraft (drone) sections of this chapter. 360.123 The commissioner regulates drone operations and can issue rules for safety. 360.124 Drones cannot be flown near airports without permission from air traffic control. 360.125 Drones cannot be used to interfere with law enforcement or emergency operations. 360.126 Drones cannot be used for surveillance of people without their consent. 360.127 Drones cannot carry weapons or dangerous materials. 360.128 Law enforcement can use drones only with a warrant or in specific emergencies. 360.129 Violating drone rules is a misdemeanor, with higher penalties for repeat offenses. 360.131 The commissioner must maintain a database of drone registrations. 360.132 Drone operators must carry liability insurance. 360.133 Commercial drone operators need a state license in addition to FAA certification. 360.135 This section has been repealed and is no longer in effect. 360.141 The commissioner can suspend or revoke drone operator licenses for violations. 360.142 Drone operators can appeal license suspensions through a formal hearing process. 360.143 Local governments can set some drone rules but cannot conflict with state law. 360.144 State drone rules do not limit private property rights or trespass claims. 360.201 Acquisition by Municipality in Adjoining State This section covers rules for hot air balloons and lighter-than-air aircraft. 360.202 Rights Same as Minnesota Municipality Defines terms for lighter-than-air aircraft regulations, including balloon and operator. 360.203 Reciprocal Provisions Balloon operators must register with the state and follow safety rules for passengers. 360.301 This section authorizes the state airport development program and capital improvement grants. 360.302 The commissioner creates a state aviation system plan identifying airports and their needs. 360.303 Airports must meet minimum safety standards to be eligible for state funding. 360.304 The commissioner determines how much state funding each airport project receives. 360.305 Expenditures for Airports and Navigation Sets the rules for state airport improvement grants, including matching fund requirements. 360.306 The commissioner can make emergency grants for urgent airport safety repairs. 360.311 The commissioner can designate reliever airports to reduce congestion at major airports. 360.321 The state can help fund airport approach roads and ground access improvements. 360.331 The commissioner conducts aviation education and safety outreach programs. 360.34 This section has been repealed and is no longer in effect. 360.341 The commissioner can establish a pilot assistance program for chemical dependency. 360.351 The state provides aviation weather information services to pilots and airports. 360.361 Aviation fuel taxes are used only for aviation purposes through the airports fund. 360.371 The commissioner publishes airport directories and aviation resource information. 360.381 Airport hangars and buildings may be financed through state-backed loans. 360.382 Sets requirements for hangar construction, including building codes and safety standards. 360.383 Hangar leases on public airports must follow standard terms and conditions. 360.384 Airport sponsors must adopt minimum standards for commercial aviation services. 360.385 Through-the-fence agreements allow neighboring property owners limited airport access. 360.386 The commissioner coordinates with MnDOT on transportation planning that affects airports. 360.3861 Airport land use compatibility guidelines protect airports from incompatible development. 360.387 Airport sponsors must submit annual financial reports to the commissioner. 360.388 The commissioner can audit airport sponsors that receive state funding. 360.389 Airports that fail to comply with state rules can have their funding suspended. 360.511 Definitions This section governs ultralights and experimental aircraft operating in Minnesota. 360.521 Aircraft Tax Limitation and Election Ultralights must be registered with the state and meet basic safety standards. 360.531 Taxation This section covers rules for commercial air tour operators in Minnesota. 360.532 Nonresident Commercial Operation Subject to Tax Commercial air tour operators must carry adequate insurance coverage. 360.54 Presumption That Aircraft Subject to Tax Aircraft in Minnesota must be registered each year and pay a registration tax. 360.55 Exemptions The aircraft registration tax is based on the aircraft's value. 360.56 Aircraft used only for agricultural purposes pay a reduced registration tax. 360.57 Filing Sworn Statement by Manufacturer The commissioner collects aircraft registration fees and deposits them in the airports fund. 360.58 Operation Without Registration or Payment Aircraft owned by the government or used for flight training may be tax-exempt. 360.59 Aircraft Registration and Listing for Taxation All aircraft based in Minnesota must display a current state registration certificate. 360.595 Taxes Paid Before Registration and Licensing; Rules Penalties for late aircraft registration include fees and possible misdemeanor charges. 360.60 Registration Required; Exemption; Misdemeanor The commissioner maintains a public registry of all aircraft registered in Minnesota. 360.61 Due Date of Tax; Penalties and Fees Aircraft dealers must register with the state and follow special rules for inventory aircraft. 360.62 Tax Refund Nonresident aircraft operating in Minnesota for more than 60 days must register. 360.63 Dealer's License This section has been repealed and is no longer in effect. 360.64 Aircraft Tax Lien; Remedies, Prosecution The commissioner can suspend registration for aircraft that are unsafe or uninsured. 360.65 This section covers how airline property is assessed for tax purposes. 360.651 Manufacturer, Listing of Aircraft Airline property is taxed based on its flight miles and value in Minnesota. 360.653 Aircraft Registration and Tax Exemptions Airline personal property is valued using a formula based on revenue and costs. 360.654 Aircraft Dealer's Commercial Use Permit Airline property tax assessments can be appealed to the tax court. 360.66 State Airports Fund Airline fuel is subject to a special excise tax deposited in the airports fund. 360.67 Violations and Penalties The commissioner enforces aircraft tax laws and can seize aircraft for unpaid taxes. 360.675 Aviation Tax Report Sales tax exemptions apply to certain aircraft parts and repair services. 360.68 Airport Jointly Owned; Revenue Certificates Metropolitan airport commission members are appointed by the governor and local officials. 360.69 Insurance This section has been repealed and is no longer in effect. 360.70 Rentals and Earnings This section has been repealed and is no longer in effect. 360.71 Revenue Certificate Terms The Metropolitan Airports Commission can acquire, build, and operate airports. 360.72 Refund Certificate MAC can issue revenue bonds to finance airport construction and improvements. 360.73 Authority Supersedes Contrary Law MAC must follow open meeting and public accountability requirements. 360.74 MAC sets fees for airlines, concessions, and other airport users. 360.75 MAC prepares long-range plans for metro airport development. 360.76 MAC must minimize environmental impacts of airport operations. 360.77 MAC employees participate in the state retirement system. 360.78 MAC must comply with prevailing wage laws on construction projects. 360.79 MAC can enter agreements with other government agencies and private entities. 360.80 MAC reports annually to the legislature on airport operations and finances. 360.81 Purpose: Safe Flight MAC must adopt ethics policies for commissioners and employees. 360.82 Definitions MAC can create and enforce airport security rules. 360.83 Permit, Necessity MAC taxi and ground transportation rules apply at metro airports. 360.84 Height Limitations; Exceptions MAC can regulate commercial activity and concessions at its airports. 360.85 Interest of Applicant for Permit MAC must provide accessible facilities for travelers with disabilities. 360.86 Visual or Aural Identification MAC can acquire land for airport expansion through eminent domain. 360.87 Investigation, Determination, Notice, and Hearing MAC noise mitigation programs help residents near the airport. 360.88 Failure to File for Permit; Commissioner's Action MAC must maintain adequate insurance for its operations and facilities. 360.89 Enforcement MAC contracts must follow competitive bidding requirements. 360.90 Structure Height Rules; Forms MAC can establish a police force for airport security. 360.91 Misdemeanor Duluth airport authority has specific powers beyond standard municipal airport rules. 360.915 Meteorological Towers Describes the MAC's community engagement and public input process. 360.92 Liability Insurance Required; Misdemeanor Rochester airport has special authority for expansion and development. 360.93 Minimal Insurance Coverage Required; Misdemeanor St. Cloud airport has specific governance and development provisions.