Aeronautics; Authority and Duties; Penalties

V.S.A. tit. 5, ch. 9, subch. 1

in effect

5 V.S.A. § 201 Short title

201. Short title This chapter may be cited as the “State Aeronautics Act.” Added 1985, No. 222 (Adj. Sess.), § 2.

202. Definitions As used in this part of this title, unless the context otherwise requires: (1) “Aeronautics” means the science, art, and practice of flight, including transportation by aircraft and matters relating to air commerce; the operation, construction, repair, or maintenance of aircraft, aircraft power plants, and aircraft accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities; and air instruction. (2) “Aeronautics instructor” means an individual engaged in giving instruction, or offering to give instruction, in aeronautics, either in flying or ground subjects, or both, for hire or reward, without advertising the individual’s occupation; without calling the individual’s facilities an “air school” or anything equivalent; and without employing or using other instructors. “Aeronautics instructor” does not include an instructor in a public school or university of this State, or an institution of higher learning accredited and approved for carrying on collegiate work, while engaged in the instructor’s duties as instructor. (3) “Aircraft common carrier” means any person that holds itself out to the general public, whether directly or indirectly or by a lease or any other arrangement, to engage in scheduled air commerce over regular route or routes. (4) “Carrier by aircraft” means any person who undertakes, whether directly or indirectly or by lease or any other arrangement, to engage in intrastate air transportation which at any time or in any manner is not subject to the rules of the U.S. Department of Transportation or other federal agency having jurisdiction. (5) “Air commerce” means the transportation by aircraft of persons or property or any class or classes, including express for compensation or hire, or flights that are certified wholly within the State of Vermont and that are made in serving as a local feeder route or are made by a carrier that does not operate a connecting air route to or from a point outside the State, or to provide excursion or sight-seeing trips. (6) “Aircraft” means a contrivance used or designed for navigation of or flight in the air and specifically includes ultralight aircraft. (7) “Air instruction” means the imparting of aeronautical information by an aeronautics instructor or by an air school or flying club. (8)(A) “Airman” means an individual: (i) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when underway; (ii) who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances; or (iii) who serves in the capacity of aircraft dispatcher or air-traffic control-tower operator. (B) “Airman” does not include an individual: (i) employed outside the United States; (ii) employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection with aircraft, aircraft engines, propellers, or appliances; or (iii) performing inspection or mechanical duties in connection with aircraft owned or operated by the individual. (9) “Air navigation” means the operation of aircraft in the air space over this State, or upon any airport or restricted landing area within this State. (10) “Air navigation facility” means any facility other than one owned or controlled by the federal government, used in, available for use in, or designed for use in, aid or convenience of air navigation, including airports and restricted landing areas. (11) “Airport” means any area of land or water set aside by the Agency, any political subdivision, or person, except a restricted landing area, that is designed for the landing and takeoff of aircraft, and used or to be used in the interest of the general public whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, including all appurtenant rights-of-way. (12) “Airport hazard” means a structure, object of natural growth, or use of land that obstructs the air space required for the flight of aircraft in landing or taking off at an airport or restricted landing area or is otherwise hazardous to landing or taking off. (13) “Airport hazard area” means any area of land or water upon which an airport hazard might be established if not prevented as provided in this part. (14) “Airport protection privileges” means an interest in air space over land or water, or in airport hazards outside the boundaries of airports or restricted landing areas, and other protection privileges, the acquisition or control of which is necessary to ensure safe approaches to the landing areas of airports and restricted landing areas and the safe and efficient operation of airports and restricted landing areas. (15) “Air school” means a person engaged in giving, or offering to give, instruction in aeronautics, either in flying or ground subjects, or both, for or without hire or reward, and advertising, representing, or the holding out as giving or offering to give this instruction. But, it does not include a public school or university of this State or an institution of higher learning duly accredited and approved for carrying on collegiate work. (16) “Civil aircraft” means aircraft other than public aircraft. (17) “Flying club” means a person, other than an individual, that neither for profit nor reward owns, leases, or uses one or more aircraft for the purpose of instruction or pleasure, or both. (18) “Local feeder route” means an air route branching laterally from an intermediate point along an interstate route, which branch route is confined to points within the State of Vermont. (19) “Municipality” means a county, city, village, or town of this State and any other political subdivision, public corporation, authority, or district in this State that is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate airports and other air navigation facilities. (20) [Repealed.] (21) “Operation of aircraft” or “operate aircraft” means the use of aircraft for air navigation and includes the navigation or piloting of aircraft. A person who causes or authorizes the operation of aircraft, with or without the right of legal control, shall be deemed to be engaged in the operation of aircraft within the meaning of the statutory law of this State. (22) “Overcharges” means charges for transportation service in excess of those applicable under the tariff lawfully on file with the Board. (23) “Public aircraft” means aircraft used exclusively in the service of any government, or any political subdivision, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes. (24) “Restricted landing area” means an area of land or water, or both, that is used or is made available for the landing and takeoff of aircraft, the use of which, except in case of emergency, shall be only as provided from time to time by the Board. (25) [Repealed.] (26) “Structure” means any object constructed or installed by a person, including buildings, towers, smokestacks, and overhead transmission lines. Added 1985, No. 222 (Adj. Sess.), § 2; amended 1997, No. 150 (Adj. Sess.), §§ 1, 4; 1999, No. 18, § 16, eff. May 13, 1999; 2017, No. 113 (Adj. Sess.), § 5; 2017, No. 132 (Adj. Sess.), § 2; 2023, No. 6, § 13, eff. July 1, 2023; 2025, No. 91 (Adj. Sess.), § 27, eff. April 30, 2026.

5 V.S.A. § 203 Purpose

203. Purpose It is hereby declared that the purpose of this chapter is to further the public interest and aeronautical progress: (1) by providing for the protection and promotion of safety in aeronautics; (2) by cooperating in effecting uniformity of the laws and regulations relating to the development and regulation of aeronautics in the several states consistent with federal aeronautics laws and regulations; (3) by granting to a State agency such powers and imposing upon it such duties that the State may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within its jurisdiction, assist in the development of a statewide system of airports, cooperate with and assist the municipalities of this State and others engaged in aeronautics, and encourage and develop aeronautics; (4) by establishing such regulations as are essential in order that persons engaged in aeronautics of every character may so engage, consistent with the safety and the rights of others; and (5) by providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and authorities of this State. Added 1985, No. 222 (Adj. Sess.), § 2; amended 2023, No. 6, § 14, eff. July 1, 2023.

5 V.S.A. § 204 Powers of Agency generally

204. Powers of Agency generally (a) To carry out the purposes of this part, the Agency of Transportation shall have power, subject to subsection (b) of this section: (1) To contract in the name of the State with individuals, firms, or corporations, with officials of a town, city, or village, with officials of a group of either or both of such governmental units, with officials of another state, or with officials or agencies of the federal government to carry out the purposes of this part. (2) To receive, manage, use, or expend, for purposes directed by the donor, gifts, grants, or contributions of any name or nature made to the State for the promotion or development of aeronautics or for aeronautics facilities. The authority granted in this subdivision shall be subject to the provisions of 32 V.S.A. § 5. (3) To operate, manage, use, exchange, lease, or otherwise deal with or dispose of, in whole or in part, land and rights in land acquired in the name of the State by purchase, gift, or otherwise, under authorization of this part, and to charge reasonable fees for such use or the use of landing areas, parking areas, buildings, and other facilities, or for services rendered. Monies received from the fees shall be paid into the State Treasury and credited to the Transportation Fund. (4) To acquire on behalf of the State, acting either alone or with local governmental units or the federal government, by purchase or by the exercise of the right of eminent domain, property, easements, or other rights in property needed to carry out the purposes of this part. In taking property, easements, or rights in property located in this State, the right of eminent domain shall be exercised in the manner and subject to the limitations provided for in 19 V.S.A. chapter 5, except as otherwise provided in chapter 15, subchapter 2 of this part. (b) An acquisition or transfer under this section of property or rights in property with an appraised or other estimated value of $500,000.00 or above, or of an option to acquire property with an appraised or other estimated value of $500,000.00 or above, shall be made with the specific prior approval of the General Assembly of the acquisition or transfer and its terms or, if the General Assembly is not in session, with the specific prior approval of the Joint Transportation Oversight Committee. The requirement of this subsection shall not apply, however, if the General Assembly has approved a specific project described in the annual transportation program and the scope of the project includes the acquisition or transfer of property. Added 1985, No. 222 (Adj. Sess.), § 2; amended 2011, No. 153 (Adj. Sess.), § 48; 2015, No. 40, § 13.

5 V.S.A. § 205 Duties of Agency generally

205. Duties of Agency generally (a) The Agency shall have general supervision over aeronautics within this State. (b) The Agency shall cooperate with and assist the federal government, the political subdivisions of this State, and others engaged in aeronautics or the promotion of aeronautics, and shall seek to coordinate the aeronautical activities of these bodies. The Agency shall represent the State in aeronautical matters before federal and state agencies. The Agency may participate as party plaintiff or defendant or as intervenor on behalf of the State or any municipality or citizen in any proceeding that involves the interest of the State in aeronautics. (c) The Agency shall perform acts, issue and amend orders, adopt and amend reasonable general or special rules and procedure, and establish minimum standards, consistent with the provisions of this part, as the Agency shall deem necessary to carry out the provisions of this part. (d) The Agency shall keep on file with the Secretary of State, and at its own principal office, a copy of all its rules for public inspection. (e) Insofar as is reasonably possible, the Agency may make available the engineering or other technical services of the Agency, on terms as it deems reasonable, to any municipality desiring them in connection with the construction, maintenance, or operation or proposed construction, maintenance, or operation of an airport or restricted landing area. (f) The Agency shall enforce and assist in the enforcement of this part, all rules issued pursuant to this part, and all other laws of this State relating to aeronautics. For enforcement purposes, police powers are conferred upon the Secretary and the officers and employees of the Agency as may be designated by the Secretary. (g) The Secretary, or any officer or employee of the Agency designated by the Secretary, shall have the power to hold investigations, inquiries, and hearings concerning matters covered by the provisions of this chapter and orders or rules of the Agency, and concerning accidents in aeronautics within this State. The Secretary and his or her designees shall have the powers specified in section 32 of this title. (h) The Agency may render assistance in the acquisition, development, operation, or maintenance of airports owned, controlled, or operated, or to be owned, controlled, or operated, by municipalities in this State, out of appropriations made by the General Assembly for that purpose. (i)(1) The Agency shall prepare and keep up to date workable plans for the immediate handling of the following emergency type situations arising from aeronautics activities: (A) locating aircraft believed lost and down within Vermont; (B) locating, whether with respect to such aircraft or to aircraft believed lost and down outside the State, all occupants who are down within Vermont; and (C) locating persons believed lost and down in Vermont through being separated from aircraft overflying Vermont. (2) Workable plans shall mean plans of action for search and rescue that will mobilize all State agencies that can contribute in such emergencies, each agency’s contribution being what it has agreed upon in advance, the first objective being to save human life and render prompt aid to survivors. (3) The Agency shall have operational control in the execution of workable plans of all air activities, but as to ground activities shall only have operational control over its own ordinary personnel. (4) Notwithstanding subdivision (3) of this subsection, the Agency shall have the duty of sifting and coordinating all information pertaining to such emergency type situations arising from aeronautics activities. (j) The Agency may contract with the private sector, through the competitive procurement process, for some or all maintenance at State airports. Added 1985, No. 222 (Adj. Sess.), § 2; amended 1993, No. 172 (Adj. Sess.), § 3; 1997, No. 38, § 14b, eff. May 28, 1997; 2015, No. 23, § 68; 2021, No. 105 (Adj. Sess.), § 17, eff. July 1, 2022; 2023, No. 6, § 15, eff. July 1, 2023.

5 V.S.A. § 206 Federal and other monies received; deposit, designation, appropriation, and disbursement

206. Federal and other monies received; deposit, designation, appropriation, and disbursement (a) The Agency is authorized to cooperate with the government of the United States in the acquisition, construction, improvement, maintenance, and operation of airports and other navigation facilities in this State, and to comply with the provisions of the laws or regulations of the United States for the expenditure of federal monies upon airports and other air navigation facilities. (b) The Agency is authorized to accept, receive, and receipt for federal monies and other monies, either public or private, for and in behalf of this State, appropriated to the Agency or that have been approved for receipt pursuant to 32 V.S.A. § 5 or 511. (c) All monies accepted for disbursement by the Agency pursuant to subsection (b) of this section shall be deposited in the State Treasury and, unless otherwise prescribed by the authority from which the money is received, kept in separate funds, designated according to the purposes for which the monies were made available, and held by the State in trust for such purposes. All monies shall be expended for the purposes for which they were made available and in accordance with federal laws and regulations and with this chapter. The Agency is authorized, whether acting for this State or as the agent of any of its municipalities, or when requested by the U.S. government or any agency or department of the U.S. government, to disburse such monies for the designated purposes, but this shall not preclude any other authorized method of disbursement. Added 1985, No. 222 (Adj. Sess.), § 2; amended 2015, No. 40, § 14.

5 V.S.A. § 207 Registration; licenses, certificate of approval

207. Registration; licenses, certificate of approval (a) The Board is authorized to approve airport and restricted landing area sites or other air navigation facilities in accordance with rules to be adopted by the Board. Certificates of approval shall be granted for airports and restricted landing areas that were being operated on or before July 1, 1945. (b) [Redesignated.] (c) All proposed airports, restricted landing areas, and other air navigation facilities shall be first approved by the Board before they are used or operated. A municipality or person proposing to establish an airport, restricted landing area, or a seaplane landing area shall make application to the Board for a certificate of approval of the site selected and the general purpose or purposes for which the airport, restricted landing area, or seaplane landing area is to be established to ensure that it shall conform to minimum standards of safety and shall serve public interest. A municipality or officer or employee or any person shall not operate an airport, restricted landing area, seaplane landing area, or other air navigation facility for which a certificate of approval has not been issued by the Board. (d) The application for a certificate of approval of the site selected shall be in writing and substantially describe the property involved and the general purposes for which it is to be acquired and the manner in which the acquisition is asserted to serve the public interest. The application shall designate the names of all owners or persons known to be interested in lands adjoining the property and their residences, if known, and shall contain such further matter as the Board by rule shall determine. The application shall be supported by documentation showing that the proposed facility has received municipal approval. After evaluating the application, the Board shall issue its order giving notice of the time and place of hearing on the application. The applicant shall give notice of the proceedings to all persons owning or interested in adjoining lands by delivery of a true copy of the application and order for hearing by registered or certified mail to the last known address of each of the persons; the notice to be mailed at least 12 days prior to the date of the hearing. Notice of the hearing and a general statement of the purpose shall be published at least once in a newspaper of common circulation in the town where the property described in the application is situated at least two days before the date of the hearing, and a similar notice shall be posted in a public place at least 12 days before the hearing. Upon compliance by the applicant with the foregoing provisions for notice, the Board shall hear the applicant and all parties interested on the question of approval of the site or sites and shall consider and determine whether in the public interest the application ought to be granted. Whenever the Board makes an order granting or denying a certificate of approval of an airport, or a restricted landing area, approval to use or operate an airport or a restricted landing area or other air navigation facility, an aggrieved person may seek judicial review pursuant to 19 V.S.A. § 5(c). (e) In determining whether it shall issue a certificate of approval for the location of any proposed airport or restricted landing area, the Board shall take into consideration the Agency’s recommendations, the proposed facility’s location, size, and layout, the relationship of the proposed airport or restricted landing area to a comprehensive plan for statewide and nationwide development, existence of suitable areas for expansion purposes, absence of hazardous obstructions in adjoining areas based on a proper glide ratio, the nature of the terrain comprising the airport location and adjoining areas, the nature of the uses to which the proposed airport or restricted landing area will be put and the possibilities for future development, and shall determine that the use will serve the public interest. (f) Prior to the beginning of aeronautics operations on the site approved, the owner of the site shall apply to the Board for operational approval of the airport. In granting operational approval, the Board shall take into consideration the Agency’s recommendations, the length, width, and smoothness of landing strips, longitudinal and transverse grade of the strips, freedom of the usable area from hazardous soil and surface conditions, absence of hazardous obstructions in approach zones, establishment of a suitable wind direction indicator, and other matters pertinent to the character of operations proposed to be undertaken at the subject airport, and shall determine that the proposed use of the site will serve the public interest. (g) Unless determined otherwise by the Board, the hearing provisions of subsection (d) of this section shall not apply to helicopter landing areas, ultralight landing areas, and restricted landing areas designed for personal use. (h) In emergency circumstances, the Agency may suspend temporarily, and in nonemergency circumstances, the Board may revoke both temporarily and permanently any certificate of approval when it shall determine that an airport, restricted landing area, or other air navigation facility is not being maintained or used in accordance with the provisions of this chapter and the rules adopted. A person aggrieved by a temporary suspension issued by the Agency may appeal to the Board within 30 days after the Agency’s decision. Unless otherwise ordered by the Board, the temporary suspension shall remain in effect pending final determination of the appeal. (i) The provisions of subsections (e) to (g) of this section, inclusive, shall not apply to any airport, restricted landing area, or other air navigation facility owned and operated by an agency of the federal government within this State. Added 1985, No. 222 (Adj. Sess.), § 2; amended 1993, No. 172 (Adj. Sess.), § 4; 1995, No. 60, §§ 29, 30, eff. April 25, 1995; 1995, No. 183 (Adj. Sess.), § 18a, eff. May 22, 1996; 1997, No. 144 (Adj. Sess.), § 21; 2017, No. 113 (Adj. Sess.), § 6; 2021, No. 184 (Adj. Sess.), § 30, eff. July 1, 2022.

5 V.S.A. § 207a Carrying and inspection of airman license

207a. Carrying and inspection of airman license The federal license, certificate, or permit shall be kept in the personal possession of the airman when operating within this State and must be presented for inspection upon the demand of a passenger; a peace officer of this State; an authorized official or employee of the Agency; or an official, manager, or person in charge of any airport in this State upon which there is a landing. The federal aircraft license, certificate, or permit must be carried in every aircraft operating in this State at all times and must be presented for inspection upon the demand of a passenger; a peace officer of this State; an authorized official or employee of the Agency; or an official, manager, or person in charge of any airport in this State upon which it shall land. Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 7; 2019, No. 14, § 5, eff. April 30, 2019.

5 V.S.A. § 208 Inspection

208. Inspection To carry out the provisions of this part, the Board or any of its members, the Secretary or officers or employees of the Agency, and any State or municipal officers charged with the duty of enforcing this part may inspect and examine at reasonable hours any premises, and the buildings and other structures, where airports, restricted landing areas, air schools, flying clubs, or other air navigation facilities or aeronautical activities are operated or carried on. Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 8.

5 V.S.A. § 209 Payment for acquisition of land

209. Payment for acquisition of land Whenever the Agency approves the expenditure of monies in connection with the acquisition of property for airport, landing field, or landing strip purposes in accordance with the provisions of this part, or in reimbursing local governmental units or the federal government for the State’s share of the cost of the acquisition, the Agency shall issue to the Commissioner of Finance and Management a certificate setting forth the sum so approved and the person, firm, corporation, or governmental unit to which it is payable, and the Commissioner of Finance and Management shall issue a warrant for the payment of the sum named in the certificate. Added 1985, No. 222 (Adj. Sess.), § 2.

5 V.S.A. § 210 Disposition of fees

210. Disposition of fees All fees specified in this chapter shall be collected by the Agency and forthwith paid into the State Treasury and credited to the Transportation Fund. Added 1985, No. 222 (Adj. Sess.), § 2.

5 V.S.A. § 211 Appropriation from taxes on aircraft fuel

211. Appropriation from taxes on aircraft fuel Funds appropriated from the proceeds of any tax on aircraft fuel, including jet fuel and aviation gasoline, shall be expended under the direction of the Agency exclusively for aviation purposes consistent with 49 U.S.C. § 47133 and Federal Aviation Administration regulations and policies, including to provide: (1) navigational aids to airmen; (2) marking, lighting, removal, or elimination of obstructions or hazards to flight; and (3) for the improvement of landing areas or facilities that are permanently established for the public use of aircraft. Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 158 (Adj. Sess.), § 35, eff. Jan. 1, 2019.

5 V.S.A. § 212 Penalty

212. Penalty A person who violates a provision of this chapter, or a rule or order issued pursuant to this chapter, shall be fined not more than $500.00 or imprisoned for not more than 90 days, or both. Added 1985, No. 222 (Adj. Sess.), § 2.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/05/009Fetched: 10/21/2026