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Form a Business

Aviation

RCNY tit. 66, ch. 3
in effect

66 RCNY § 3-01 Definitions.

§ 3-01 Definitions. The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them as follows: Aircraft. "Aircraft" shall mean and include any and all contrivances or devices that are used or intended to be used for the navigation of or flight in air or space, including but not limited to airplanes, helicopters, lighter-than-air craft, gliders, seaplanes and amphibians. Airport. "Airport" shall mean any area of land or water, except John F. Kennedy International Airport and LaGuardia Airport which are under the jurisdiction of the Port Authority of New York and New Jersey, that is used or intended to be used for the landing and takeoff of aircraft, and includes any buildings and facilities. Applicant. "Applicant" shall mean any individual, entity, party, firm, partnership, co-partnership, corporation, association or company (including any assignee, receiver, trustee or similar representative thereof), society, government agency, public authority, or any state or political subdivision thereof. Armed Forces. "Armed Forces" shall mean the Army, Navy, Air Force, Marine Corps, and Coast Guard of the United States of America including their regular and reserve components and members. Auto-rotation. "Auto-rotation" shall mean a rotorcraft flight condition in which the lifting rotor is driven entirely by action of the air when the rotorcraft is in motion. Balloon. "Balloon" shall mean a lighter-than-air aircraft that is not engine driven. Commissioner. "Commissioner" shall mean the Commissioner of the New York City Department of Business Services or his duly authorized representative. Department. "Department" shall mean the New York City Department of Business Services. External load. "External load" shall mean a load that is carried, or extends outside of, the aircraft fuselage. Fixed base operation. "Fixed base operation" shall mean an operation conducted by a person having the right to furnish services including, but not limited to, storage and/or tiedown of aircraft, repair and/or maintenance of aircraft, aircraft charter, rental and/or lease and the sale of aviation fuels and other petroleum products. Glider. "Glider" shall mean a heavier-than-air aircraft, that is supported in flight by the dynamic reaction of the air against its lifting surfaces and whose free flight does not depend principally on an engine. Helicopter. "Helicopter" shall mean a rotorcraft that, for its horizontal motion, depends principally on its engine-driven rotors. Heliport. "Heliport" shall mean an area of land, water, or structure used, or intended to be used, for the landing and take off of helicopters. Jet aircraft. "Jet aircraft" shall mean and include any and all craft which are not propeller driven and which accomplish motion entirely as a direct reaction of the thrust of any engine. Kite. "Kite" shall mean a framework, covered with paper, cloth, metal, or other material, intended to be flown at the end of a rope or cable, and having as its only support the force of the wind moving past its surfaces. Parachute. "Parachute" shall mean a device used or intended to be used to retard the fall of a body or object through the air. Person. "Person" shall mean any individual, party, trustee, firm, partnership, corporation, joint stock association, company, society, government agency, public authority, or any state or political subdivision thereof. Rotorcraft. "Rotorcraft" shall mean a heavier-than-air aircraft that depends principally for its support in flight on the lift generated by one or more rotors. Seaplane. "Seaplane" shall mean any aircraft designed to maneuver on water, and shall include amphibious aircraft. Seaplane base. "Seaplane base" shall mean any waterfront property which provides, or is intended to provide, docking and/or ramp facilities for seaplanes, and shall include any additional appurtenances thereto. Staging area. "Staging area" shall mean that geographic location which may be used for the storage, assemblage or gathering of any item of equipment which is intended to be lifted by helicopter. Vehicle. "Vehicle" shall mean and include automobiles, trucks, buses, motorcycles, limited use vehicles, bicycles, horse drawn vehicles and any other device in or upon which any person or property is or may be transported, carried or drawn upon land, except aircraft.

66 RCNY § 3-02 Use and Occupancy of Airports, Aircraft Landing Sites, Seaplane Bases, Heliports and Marginal Streets.

§ 3-02 Use and Occupancy of Airports, Aircraft Landing Sites, Seaplane Bases, Heliports and Marginal Streets. Use or occupancy, for any purpose, including the conduct, operation or maintenance of any commercial business, soliciting, peddling, selling or offering for sale merchandise or commodities of any kind, or services, or the holding of any public meeting, on any airport, aircraft landing site, seaplane base, heliport, or marginal street, owned by the City of New York is prohibited except by written permission of the Commissioner.

66 RCNY § 3-03 Smoking.

§ 3-03 Smoking. Smoking, possessing or throwing away lighted material or tobacco is prohibited. No person shall smoke, possess or throw away any lighted material or a lighted match, cigar or cigarette while in or upon any airport, aircraft landing site, seaplane base, or heliport or any building or appurtenance thereto, whether owned by the City of New York or privately owned, or while on board any aircraft berthed, moored or located at any such airport, aircraft landing site, seaplane base or heliport; except that the Commissioner and the Fire Commissioner of the City of New York may designate portions of any of the aforementioned structures or locations where smoking may be permitted and may prescribe the types and locations of containers or receptacles into which lighted material and a lighted match, cigar or cigarette shall be deposited.

66 RCNY § 3-04 Airports.

§ 3-04 Airports. (a) No airport located within the limits of the City of New York, whether for public or private use, shall be maintained or operated unless the owner or operator shall have procured from the Department a license or permit allowing such maintenance and operation. (b) Any person seeking to maintain or operate an airport shall file an application with the Department at its office, 110 William Street, 3rd floor, New York, N.Y. 10038. Such application shall be in writing and sworn to by or on behalf of the owner or operator. (c) The application shall be subject to investigation and report by the Director of Aviation of the Department. (d) The application for a license or permit must show: (1) The elevation, location, dimensions and exterior boundaries of the proposed airport, the location, dimensions and height of any and all structures or vertical projections above the general contour of the proposed airport, all as contained in a survey, as of the date of the application, by a licensed City surveyor. (2) The location, nature and height of any structure or vertical projection within two miles from such exterior boundaries, the presence of which would constitute an obstruction to safe aerial ingress to or egress from the airport. (3) That the surface of the airport intended for the takeoff, landing and taxiing of aircraft is firm and suitable. (4) The markings, each constructed and painted so as to be readily discernible from the air at a minimum height of 3,000 feet, to be in conformity with Federal Aviation Administration standards. (5) That the location of the proposed airport, and the volume, character and direction of the traffic thereat will not endanger the lives and property of persons operating aircraft on or near existing airports and of occupants of land in their vicinity, nor tend to destroy or impair the utility of such airports and the investment therein; and that, in relation to existing airports, the proposed airport conforms to all spacing requirements and safety standards of applicable Federal and State laws and regulations. (6) An application for a license or permit covering night maintenance and operation must show the number, location, type and power of lights in conformity with Federal Aviation Administration standards. (e) The applicant must have in force upon the granting of a license or permit, liability insurance in an amount to be set by the Commissioner with the City of New York as an additional insured. (f) The Commissioner may issue a license or permit to operate the proposed airport if, in addition to the items specified in subdivision (d) above, such airport will not be detrimental to the public safety and will be in the public interest. Such license may be limited by appropriate conditions as to type of aircraft, time and method of operation, standards of maintenance, keeping of records and safety and security precautions and such other terms and conditions as may be necessary or desirable to insure the public safety and interest and the safety of those engaging in aeronautical activities. (g) Such license or permit shall be effective for one year from the date of issuance thereof, unless sooner revoked or suspended by the Commissioner for cause shown. (h) No license or permit shall be revoked by the Commissioner except after a hearing upon 48 hours notice to the licensee. The Commissioner shall have the power in his discretion, to suspend such license or permit pending such hearing and determination. (i) Each license or permit issued hereunder may be renewed annually upon application by the licensee or permittee. Such application must set forth that the airport and the operation thereof conforms to the minimum requirements set forth in the original application for the license or permit granted and complies with the regulations promulgated by the Commissioner subsequent to the date of the original license or permit. (j) The fee for the issuance of such annual license or permit shall be $250.00, and the fee for the renewal thereof shall be $150.00. (k) Any change in the airport or operation thereof which would affect the safe operation thereof, shall be reported immediately by the licensee or permittee in writing to the Commissioner. (l) The failure on the part of the licensee or permittee to comply with any of the rules set forth in this chapter or hereafter adopted by the Commissioner, shall constitute sufficient cause for revocation of such license or permit. Licensee or permittee must keep accurate written records of all landings and departures, report of which must be made on a monthly basis to the Department. (m) The City, by or through its employees, agents, representatives, or contractors, shall have the right at all times to enter upon the airport for the purpose of inspecting and/or observing the performance by the licensee or permittee of his obligations and duties. (n) No heliport in the City of New York shall conduct operations between the hours of 11 p.m. and 7 a.m. unless a waiver has been obtained from the Commissioner or the Commissioner's designee. In granting such a waiver, the Commissioner shall take into account the health, safety and welfare of the community.

66 RCNY § 3-05 Seaplane Noise Control.

§ 3-05 Seaplane Noise Control. In order to afford better relief and protection to the public from unnecessary seaplane noise, all seaplanes must taxi to a point at least 700 feet from the nearest shoreline before beginning a takeoff run or applying power in excess of that required for safe taxiing.

66 RCNY § 3-06 Helicopter External Load Operations.

§ 3-06 Helicopter External Load Operations. (a) It shall be unlawful for any person, firm, or corporation to use or permit the use of any helicopter or other aircraft within the confines of the City in connection with the construction, alteration, or installation of service equipment or material in or upon any building or structure or to conduct any other external load operation within the City of New York, without first obtaining a permit from the Department. (b) Before an application for a permit will be approved by the Commissioner, applicant must meet the following requirements: (1) The staging area must: (i) Be of sufficient size and location as to permit helicopter landings and takeoffs without unduly creating an annoyance or safety hazard to persons or property in the area. (ii) Permit freedom of movement for cargo, equipment, helicopter, support personnel and vehicles within the confines of that area. (iii) Be capable of being sealed off from spectators, vehicles and pedestrians, without creating an attractive nuisance. (iv) Be free of obstructions to helicopter flight and be capable of providing reasonable control over dust and debris which may be generated by helicopter downwash. All operations and support personnel shall be provided with suitable protective garments, such as hearing protectors, construction helmets and goggles, as required by the Commissioner. (v) Provide safe approach and departure paths so that in case of an emergency, an autorotational landing may be made without endangering persons or property. (2) The discharge point must: (i) Meet all requirements of the Department of Buildings for the installation of service equipment. (ii) Comply with all Fire Department rules and regulations. (iii) Comply with all Bureau of Highway Operations rules and regulations concerning the closing of streets and highways which border the operation area. (iv) The top floors of the building structure intended as the discharge point must be evacuated of all non-essential personnel, except operations personnel, by order of the Commissioner, and all entrances and exits to the building or structure must be blocked or guarded in such a manner as to prevent their use by unauthorized personnel when the rotorcraft load combination is overhead. (v) The flight path of the rotorcraft with the external load combination may not pass over any structures, buildings or vehicles which are occupied by any persons not connected with the operation, except that the Commissioner shall in all instances, have the power to determine all safety requirements. (c) Applicant shall conduct test flights with the various loads to be carried to determine: (1) That the weight of the rotorcraft load combination and location of center of gravity are within approved limits. (2) That the load is securely fastened and does not interfere with any emergency release devices. (3) That while hovering or on forward flight the load does not oscillate and is controllable during all phases of the operation. (4) Each flight operation must be conducted in such a manner that in an emergency, will allow the external load to be released and the aircraft landed without hazard to persons or property. (d) Permit requirements: (1) The Commissioner shall in all instances be the final authority on all matters relating to the issuance of permits. Any permits granted under this subdivision (d) may be ordered modified, suspended or revoked by the Commissioner at his discretion for any good cause. (2) All provisions of laws and rules or regulations of any government agency may be deemed applicable by the Commissioner to insure the safety of persons or property in the air or on the ground in which case they must be complied with. (3) All applicable labor laws, rules and regulations shall be complied with for any operation. (4) Operations shall only be conducted during VFR conditions in the daytime. No operation will be approved during adverse or inclement weather, or if the wind exceeds 30 miles per hour or with a gust spread of no more than 15 miles per hour. (5) Each applicant must hold a valid Rotorcraft External Load Operator Certificate, or equivalent, issued by the FAA under Part 133, as amended or superseded by applicable Federal Aviation Regulations. (6) A violation of any rule or regulation of the FAA or any other Federal or State agency having jurisdiction over the subject matter of the operation shall be a violation of this chapter. (7) Each applicant must file his request on a form and in such manner as may be prescribed by the Commissioner. (8) Upon satisfactory fulfillment of all requirements, the Commissioner may issue a permit together with any restrictions or conditions he deems necessary. (9) Each applicant must have in force liability insurance in an amount to be determined by the Commissioner with the City of New York included as an additional insured. (e) Applicant must permit any authorized representative of the Commissioner to conduct inspections or examinations in order to determine whether there has been sufficient compliance with applicable laws, rules and regulations. (f) Each applicant shall prepare for the Commissioner's approval a detailed diagram of the operations area and depict thereon (1) Optimum route of flight to the staging area for the purpose of noise abatement and avoidance of obstruction hazards. (2) Emergency landing area within autorotational range of any and approximate point of descent to landing. (3) Staging areas, pick-up and discharge points. (4) Streets, highways, and building exits and entrances which must be closed. (g) No helicopter having fewer than two engines shall be permitted to conduct external load operations in the City. (h) Safety. (1) Each applicant shall provide adequate fire protection during the operation which complies with Fire Department regulations and such other requirements as are set forth herein. (2) Each applicant shall provide adequate control communications and procedures for the operation. (3) Each applicant shall obtain all necessary approvals and permits as required by law. (i) Permit fee. The fee for the issuance of a permit for the takeoff and landing of aircraft used for the external transportation of material or equipment at a non airport location shall be $300.00.

66 RCNY § 3-07 Helicopter Noise and Safety.

§ 3-07 Helicopter Noise and Safety. (a) To prevent unnecessary noise all takeoffs and landings at public use heliports in the City shall be made over water. (b) Except where necessary for takeoff or landing or under Air Traffic Control clearance while operating in the New York Terminal Control Area, no person may operate a helicopter in the City of New York below the following altitudes: (1) An altitude allowing, if a power unit fails, an emergency landing in the waterways of the City. (2) An altitude of 1,000 feet above the highest obstacle or within a horizontal radius of 1,000 feet of the aircraft, except over open water.

66 RCNY § 3-08 Landing and Takeoff at Other Than Licensed Heliports, Airports and Seaplane Bases.

§ 3-08 Landing and Takeoff at Other Than Licensed Heliports, Airports and Seaplane Bases. (a) No aircraft shall land or takeoff within the limits of the City of New York except at licensed airports unless a permit allowing such operation has been obtained from the Commissioner. (b) Any person may file an application in writing with the Department at its office, 110 William Street, 3rd floor, New York, New York, 10038. (c) The application shall be subject to investigation and report by the Commissioner or his duly authorized representative. (d) The application for a permit must show: (1) A plot map showing the location of the proposed operation. (2) Make, model and registration numbers of aircraft. (3) Name and qualifications of the pilot-in-command. (4) Permission of the property owner for the proposed operation. (5) Purpose of the operation. (e) The applicant must have in force upon the granting of the permit, liability insurance in such amounts and upon such terms as deemed appropriate by the Commissioner and with the City of New York as additional insured. (f) No materials or equipment shall be transported outside of the aircraft. (g) The Commissioner may issue a permit for the proposed operation if, in the Commissioner's judgment, the conduct of such operation will be in the public interest and not detrimental to public safety. (h) The fee for the issuance of such permit shall be $200.00 and the fee for the renewal thereof shall be $135.00.

66 RCNY § 3-09 Lighter-Than-Air and Glider Operation.

§ 3-09 Lighter-Than-Air and Glider Operation. (a) No airship, balloon in free flight, or tethered balloon flight shall land or takeoff within the limits of the City unless a permit allowing such operation has been obtained from the Commissioner. (b) No glider shall takeoff or land within the limits of the City unless a permit allowing such operation has been obtained from the Commissioner. No engine powered aircraft shall tow a glider into the air within the limits of the City unless such a permit allowing such operation has been obtained from the Commissioner. (c) Any person seeking such a permit shall file an application with the Department at its office, 110 William Street, 3rd floor, New York, N.Y. 10038. Such application shall be in writing. (d) The application shall be subject to investigation and report by the Director of Aviation of the Department. (e) The application for a permit must show: (1) A plot map showing the location for the proposed operation. (2) Make, model and registration number of aircraft. (3) Name and qualifications of the pilot-in-command. (4) Permission of the property owner for the proposed operation. (5) Purpose of the operation. (f) The applicant must have in force upon granting of the permit liability insurance in an amount to be set by the Commissioner with the City of New York included as an additional insured. (g) The Commissioner may issue a permit for the proposed operation if, in such Commissioner's judgment, the conduct of such operation will not be detrimental to the public safety and will be in the public interest. (h) The fee for the issuance of such permit shall be $200.00, and the fee for the renewal thereof shall be $135.00.

66 RCNY § 3-10 Unauthorized Takeoffs and/or Landings.

§ 3-10 Unauthorized Takeoffs and/or Landings. (a) It shall be unlawful for any person navigating an aircraft to take-off or land at any place within the limits of the City other than at places designated for this purpose by the Commissioner. (b) The provisions provided for herein shall not apply to any aircraft which is operated under emergency conditions, nor are they intended to supplant the decisions of the pilot-in-command when such decisions relate directly to acts intended to safeguard the pilot, aircraft, or its passengers.

66 RCNY § 3-11 Reports.

§ 3-11 Reports. The owner or operator of any aircraft involved in an accident or incident within the limits of the City must, in addition to any Federal or State reporting requirements, file a report with the Commissioner within 24 hours of such occurrence.

66 RCNY § 3-12 Penalties.

§ 3-12 Penalties. The failure on the part of the licensee or permittee to comply with any of the rules set forth in this chapter or hereafter adopted by the Commissioner, shall constitute sufficient cause for revocation of such license or permit.
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-91350Fetched: 10/24/2026

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