AUTHORITY: Implementing and authorized by the Illinois Aeronautics Act [620 ILCS 5].

SOURCE: Part repealed at 28 Ill. Reg. 2298, effective January 26, 2004; new Part adopted at 28 Ill. Reg. 2302, effective January 26, 2004; amended at 37 Ill. Reg. 15127, effective August 30, 2013; amended at 38 Ill. Reg. 20064, effective October 2, 2014; amended at 42 Ill. Reg. 7104, effective March 30, 2018.

SUBPART A: INTRODUCTION

 

Section 14.100  Purpose and Applicability

 

a)         This Part sets forth the standards for the creation, classification, modification, operation, and certification of public and private aircraft landing areas, and it also regulates airmen and aircraft.

 

b)         This Part applies to all aircraft, including those not required to be registered with or approved by the Federal Aviation Administration (the FAA).

 

c)         This Part does not apply to unmanned aircraft.

 

d)         The Department of Transportation (the Department) will apply and interpret this Part, whenever practicable, in a manner consistent with the federal government and with other states.

 

e)         All forms referenced in this Part may be obtained by contacting the Division of Aeronautics (the Division) by phone at 217-785-8516, by writing to or visiting the Division at 1 Langhorne Bond Drive, Springfield, Illinois  62707, by e-mail at dot.aero@illinois.gov, or by accessing the Division's web site at www.dot.illinois.gov.

 

(Source:  Amended at 42 Ill. Reg. 7104, effective March 30, 2018)

 

Section 14.105  Definitions

 

For purposes of this Part, the words, terms, and phrases listed shall have the meanings ascribed to them as follows:

 

"Act" means the Illinois Aeronautics Act [620 ILCS 5].

 

"Administrator" means the Federal Aviation Administrator or any person to whom he or she has delegated his or her authority in the matter concerned. (See 14 CFR 1.1 (January 1, 2017).)

 

"Aerobatic Flight" means maneuvers intentionally performed by an aircraft involving an abrupt change in attitude or an abnormal attitude or acceleration not necessary for normal flight.

 

"Aeronautics" means transportation by aircraft; the operation, construction, repair or maintenance of aircraft, aircraft power plants, and 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.  (See Section 2 of the Act.)

 

"Air Navigation" means the operation or navigation of aircraft in the airspace over this State, or upon any airport or restricted landing area within this State.  Air navigation does not mean the taxiing of aircraft on the ground for repositioning or maintenance purposes.  (See Section 10 of the Act.)

 

"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 of air navigation, including airports, heliports/vertiports, restricted landing areas, and any structures, mechanisms, lights, beacons, marks, communicating systems, or other instruments or devices used or useful as an aid, or constituting an advantage or convenience, to the safe takeoff, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, heliport/vertiport, or restricted landing area, and any combination of any or all such facilities.  (See Section 9 of the Act.)

 

"Aircraft" means any device used or designed to carry humans in flight as specified by the Division in this Part.  All devices required to be licensed as "aircraft" by the FAA on the effective date of this Part are "aircraft".  The Division has, by Subpart J, specified the extent to which aircraft not required to be licensed by the FAA are subject to the provisions of this Part. (See Section 3 of the Act.)

 

"Airman" means any individual who operates or is licensed to operate an aircraft in flight.  Airman as used in this Part also means pilot.  (See Section 12 of the Act.)

 

"Airplane" means an engine-driven fixed-wing aircraft heavier than air, that is supported in flight by the dynamic reaction of the air against its wings. (See 14 CFR 1.1 (January 1, 2017).)

 

"Airport" means:

 

any area of land, water, or both, except a restricted landing area, that is designed for the landing and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo;

 

all appurtenant areas used or suitable for airport buildings or other airport facilities; and

 

all appurtenant rights-of-way, whether established before or after the effective date of this Part.  (Various airport classifications may be found in Subpart E, Subpart F, and Subpart H.)  (See Section 6 of the Act.)

 

"Airport Hazard" means any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or takeoff at any airport or restricted landing area or is otherwise hazardous to the landing or takeoff of aircraft.  (See Section 22 of the Act.)

 

"Applicant" means, but is not limited to, the person, trust, company, governmental body, corporation, limited liability company, or association to whom a Certificate of Approval may be issued. 

 

"Certificate Holder" means, but is not limited to, the person, trust, company, governmental body, corporation, limited liability company, or association to whom a Certificate of Approval has been issued.

 

"Certificate of Approval" means a certificate issued by the Division approving the operation of an airport or restricted landing area as specified by the Division.

 

"Certificate of Registration" means a certificate issued by the Division indicating that, for purposes of Subpart B, an individual has registered his or her FAA license, certificate or permit with the Division for his or her aircraft; and, for purposes of Subpart C, means a certificate issued by the Division indicating that an individual has registered his current and appropriate FAA issued pilot certificate with the Division.

 

"Civil Aircraft" means any aircraft other than a public aircraft.  (See Section 5 of the Act.)

 

"Department" means the Illinois Department of Transportation.

 

"Design Helicopter" or "VTOL Aircraft" means a generic rotorcraft or vertical takeoff or landing (VTOL) aircraft that reflects the maximum size of all helicopters/VTOL aircraft expected to operate at the heliport/vertiport.

 

"Displaced Threshold" means a threshold that has been displaced to provide for obstruction clearance.  The portion of runway behind a displaced threshold may be available for takeoffs in either direction or landings from the opposite direction.

 

"Division" means the Illinois Department of Transportation, Division of Aeronautics, 1 Langhorne Bond Drive, Capital Airport, Springfield, Illinois  62707-8415.

 

"FAA" means the Federal Aviation Administration.

 

"Final Approach and Takeoff Area" or "FATO" means a defined object-free area over which the final phase of the approach to a hover, or a landing, is completed and from which the takeoff is initiated.

 

"Flight Instruction" means the imparting of aeronautical knowledge by an FAA authorized flight instructor specifically involving the actual flight of an aircraft, or by an FAA sanctioned flight instructor involving the actual flight of an Ultralight training aircraft.

 

"Fly-In Event" means any congregation of aircraft, other than based aircraft, in excess of six aircraft.

 

"Heliport/Vertiport" means a generic reference to the area of land, water or structure used, or intended to be used, for the landing and takeoff of helicopters/VTOL aircraft, together with associated buildings and facilities.

 

"Helistop/Vertistop" means a minimally developed helicopter/VTOL aircraft facility for boarding and discharging passengers or cargo.  The heliport/helistop, vertiport/vertistop relationship is comparable to a bus terminal-bus stop relationship with respect to the extent of services provided or expected.

 

"Hospital Heliport/Vertiport" means a heliport/vertiport limited to serving only helicopters/VTOL aircraft engaged in air ambulance, or hospital related functions.

 

"IFR" means instrument flight rules.

 

"Landing Strip" means a portion of the usable area within an airport boundary that either in its natural state or as a result of construction work is suitable for the landing and takeoff of aircraft.

 

"Modification" means any change to the Certificate of Approval as originally issued by the Division, including, but not limited to, extension or alteration of the airport or restricted landing area, change in ownership, change in classification, or change in status.

 

"Municipality" means any county, city, village, or town of this State and any other political subdivision, public corporation, authority, or district in this State, or any combination of two or more of the same that is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate airports and other air navigation facilities.  (See Section 20 of the Act.)

 

"Notice" means a legal document prepared by the Division, to be published in a newspaper in the county in which the airport or restricted landing area sought to be established, altered, or extended is, or is proposed to be, located, indicating that the Division intends to enter an Order regarding the application for the proposed airport or restricted landing area, or the alteration or extension thereof.  (See Section 60 of the Act.)

 

"Nuisance" means operating an aircraft in an annoying or vexatious manner.

 

"Operation of Aircraft or Operate Aircraft" means the use of aircraft for the purpose of air navigation, and includes the navigation or piloting of aircraft.  Any person who causes or authorizes such use of aircraft, whether with or without the right of legal control (in the capacity of owner, lessee, or otherwise) of the aircraft, shall be deemed to be engaged in the operation of aircraft.  Operation of aircraft does not mean ground movement for repositioning or maintenance purposes.  (See Section 11 of the Act.)

 

"Order" means a legal document prepared by the Division, to be published in a newspaper in the county in which the airport or restricted landing area sought to be established, altered, or extended is, or is proposed to be, located, that may either grant or deny an application for a Certificate of Approval.  If granted, the Order allows the applicant to begin construction of the proposed airport or restricted landing area, or the alteration or extension thereof.  (See Section 60 of the Act.)

 

"Person" means, but is not limited to, any individual, firm, partnership, corporation, company, limited liability company, association, joint stock association, joint venture, public service corporation, or body politic; and includes any trustee, receiver, assignee, or other similar representative.  (See Section 17 of the Act.)

 

"Pilot" means airman.

 

"Pilot-in-Command" means the person who:

 

has final authority and responsibility for the operation and safety of the flight;

 

has been designated as pilot-in- command before or during the flight; and

 

holds the appropriate category, class, and type rating, if appropriate, for the conduct of the flight.

 

"Powered Parachute" means a powered aircraft comprised of a flexible or semi-rigid wing connected to a fuselage so that the wing is not in position for flight until the aircraft is in motion.  The fuselage of a powered parachute contains the aircraft engine and a seat for each occupant, and is attached to the aircraft's landing gear.  (See 14 CFR 1.1 (January 1, 2017).)

 

"Private Use" means that an airport is not open to the general public.  Use is limited to the Certificate Holder and any other users as authorized by the Certificate Holder.

 

"Public Aircraft" means an aircraft used exclusively in the service of any government or of any political subdivision thereof, including the government of any state, territory, or possession of the United States, or the District of Columbia, but not including any government aircraft engaged in carrying persons or property for commercial purposes.  (See Section 4 of the Act.)

 

"Public Use" means that an airport is open to the general public.

 

"Restricted Landing Area" or "RLA" means any area of land, water, or both that is used or is made available for the landing and takeoff of aircraft that is intended for private use.  (See Section 8 of the Act.)

 

"Rotorcraft" means a heavier-than-air aircraft that depends principally for its support in flight on the lift generated by one or more rotors. (See 14 CFR 1.1 (January 1, 2017).)

 

"Runway" means the paved, hard surfaced, or stabilized central portion of a landing strip.

 

"Runway Protection Zone" means a defined area off the end of a runway that is clear of incompatible objects and activities.

 

"Runway Safety Area" or "RSA" means a defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway.

 

"Sea Lane" means a water landing and departure surface.

 

"Seaplane" means all aircraft designed for water operations and includes amphibious aircraft when they are operating on water.

 

"Special Purpose Aircraft" means the following: manned balloons, lighter-than-air aircraft, seaplanes, sailplanes, gliders and other powerless aircraft, heavier-than-air aircraft, agricultural aircraft during the time used solely for agriculture applications, helicopters/VTOL aircraft, and any other aircraft as designated by the Division.  Use and limitations provisions for special purpose aircraft are contained in Subpart I.

 

"State" or "this State" means the State of Illinois.  (See Section 7 of the Act.)

 

"STOL" means short takeoff and landing.

 

"STOL Operation" means the operation of an aircraft, at some weight within its approved operating weight, in compliance with applicable federal STOL standards, characteristics, and airworthiness.

 

"Stopway" means a defined rectangular surface beyond the end of a runway, prepared or suitable for use in lieu of a runway, to support an airplane without causing structural damage to the airplane during an aborted takeoff.

 

"Threshold" means the beginning of that portion of runway available for landing.  In some instances the landing threshold may be displaced.

 

"TLOF" means Touch Down and Lift-off Area, commonly referred to as a helipad and normally centered in a Final Approach and Takeoff Area (FATO).

 

"Ultralight" means any aircraft intended to be used by a single occupant for recreation or sport purposes only, does not have an airworthiness certificate, weighs less than 155 pounds if non-powered, or if powered, weighs less than 254 pounds empty weight, excluding floats and safety devices which are intended for deployment in a potentially catastrophic situation, has fuel capacity not exceeding five U.S. gallons, is not capable of more than 55 knots calibrated air speed at full power in level flight, and has a power-off stall speed that does not exceed 24 knots calibrated air speed.

 

"Ultralight Trainer" means any aircraft that does not have an airworthiness certificate, is used or intended to be used in the air for training Ultralight pilots, and meets the requirements for operating under an FAA approved Ultralight training exemption.

 

"Unmanned Aircraft" means an aircraft, as defined at 14 CFR 1.1 (January 1, 2017), operated without the possibility of direct human intervention from within or on the aircraft.

 

"Vertiport" means, for the purposes of this Part, a heliport.

 

"VFR" means visual flight rules.

 

"Wind Indicator" means tetrahedron, wind tee, or wind cone (windsock).

 

(Source:  Amended at 42 Ill. Reg. 7104, effective March 30, 2018)

 

Section 14.110 Operation Without Certificate of Approval Unlawful

 

It shall be unlawful for any municipality or other political subdivision, or officer or employee thereof, or for any person, company or association of persons to use or operate any airport or restricted landing area for which a Certificate of Approval has not been issued by the Division; provided, that no Certificate of Approval shall be required for an airport or restricted landing area which was in existence and approved by the Illinois Aeronautics Commission, whether or not being operated on or before July 1, 1945, and all representations, conditions and restrictions incidental to the latter have been fulfilled and complied with.  (See Section 47 of the Act.)

 

Section 14.115  Application Process for Original Certificate of Approval

 

An applicant for an original Certificate of Approval for a new airport or RLA must complete the following process before a Certificate of Approval will be issued by the Division. 

 

a)         The applicant must personally contact the Division by phone at 217-785-8516, in writing at 1 Langhorne Bond Drive, Springfield, Illinois 62707, or by e-mail at dot.aero@illinois.gov to request an initial inspection of the site proposed to be used for the airport or RLA.

 

b)         The applicant must include proof of continuing property interests in, and authority to operate, the requested airport or RLA on the subject property as evidenced by:

 

1)         the approval of the property owner (i.e., a letter with the property owner's signature) if not the same as the applicant; or

 

2)         a copy of the deed or long-term lease.

 

c)         Division personnel will visit the proposed site, as early as Division priorities will allow, to determine if the minimum standards for the operation of an airport or RLA, as prescribed in either Section 14.510(a), 610(a), 710(a), or 810(a), can be achieved.

 

1)         After an initial inspection has been performed and the site is determined to be acceptable under this Part, an Application for Certificate of Approval form (Form AER 2059 for an airport or RLA or Form AER 2060 for a heliport) must be completed and signed, and the originals mailed or hand-delivered to the Division.

 

2)         If the proposed site is not acceptable under this Part, Division personnel will advise the applicant as to what can be done to achieve an acceptable site (e.g., cut trees, clear brush) or suggest an alternative site.

 

d)         The Division will submit FAA Forms 7480-1 and 7480-2 to the FAA for an airspace determination.  Once the Division has received an airspace determination from the FAA, the applicant will be notified in writing and the Division will proceed in processing the application for Certificate of Approval.  If the FAA issues a non-favorable airspace determination, the applicant will be notified in writing as to the criteria that led to the determination.

 

e)         The Division will publish a Notice in the local newspaper, within the county of the proposed site of the airport or RLA, indicating that the Division intends to publish an Order granting or denying a Certificate of Approval, with a copy simultaneously mailed to the applicant.  All interested persons may, prior to the publication of the Order in the newspaper, file objections to or comments on the proposed Order by writing to the Division within 15 days after the date of publication of the Notice in the newspaper.  The Division will consider any comments or opposition received within the 15-day period prior to making a decision to grant or deny a Certificate of Approval and prior to publishing the Order.  (See Section 60 of the Act.)

 

f)         If no comments or opposition to the proposed airport or RLA are received by the Division within the 15-day period, the Division will publish an Order in the local newspaper, within the county of the proposed site of the airport or RLA approving the construction, with a copy simultaneously mailed to the applicant.  The Order will include the terms and restrictions (e.g., number of based aircraft, restrictions on use) associated with the issuance of the Certificate of Approval, as well as providing information as to a completion date for construction and for the final inspection of the airport or RLA that must occur before the Certificate of Approval will be issued.  (See Section 60 of the Act.)

 

g)       After the Order is published, interested persons may write or e-mail comments to the Division, or request a hearing in writing (see Subpart K), as to the validity or reasonableness of the Order.  Comments will be accepted for a 15-day period after publication of the Order in the local newspaper.  Unless the Division finds that a hearing is necessary or that a longer period of time is appropriate, the Order will be effective 20 days after publication in the local newspaper.  A Certificate of Approval may be issued any time after the effective date of the Order.  The Division will consider all comments received within the 15-day period prior to making a decision whether to grant or deny a Certificate of Approval.  (See Section 60 of the Act.)

 

h)       After publication of the Order, if a hearing is requested, the Division will schedule it at the earliest date possible in the county seat of the county where the proposed airport or RLA is to be located.  All interested persons will be notified in writing at least 10 days prior to the scheduled date of the hearing.  After the hearing has been held, the Division will issue a Supplemental Order indicating the findings and conclusions of the hearing and whether the original Order will stand or whether it will be modified.  A copy of the Supplemental Order will be mailed to the applicant as well as to the person or persons requesting the hearing.

 

i)        The applicant will have 18 months from the effective date of the Order to complete construction of the airport or RLA.  The applicant shall contact the Division in writing or by phone, as noted in Section 14.100(d), within 30 days after the completion of construction of the airport or RLA, to schedule a final inspection with the Division.  If the requirements of this Part have been met upon completion of construction and final inspection, the Division will issue a Certificate of Approval for the operation of the airport or RLA to the applicant.

 

j)        If the applicant is unable to complete construction of the airport or RLA, or, if the requirements of this Part have not been met within 18 months after the effective date of the Order, the applicant may request in writing an extension of time of the expiration date noted in the Order.  The applicant must state the reasons for requesting the extension of time (e.g., weather delays, financial reasons) in the written request.  The Division may grant or deny an extension of time based on whether the applicant has shown good cause to justify the request.  If an extension of time is granted, the additional period of time allowed will be at the Division's discretion.  If a request for an extension of time is denied, or if the minimum standards of this Part cannot be met, the application for a Certificate of Approval becomes null and void on the date the Order expires.

 

(Source:  Amended at 42 Ill. Reg. 7104, effective March 30, 2018)

 

Section 14.120  Transfer/Modification/Rescission of Certificate of Approval

 

a)         Transfer of Certificate of Approval.  Any applicant desiring to have an airport or RLA Certificate of Approval transferred to his or her name must complete the following process.

 

1)         Complete and sign an Application to Transfer Certificate of Approval form (Form AER 2058).  This application must also be signed by the present Certificate Holder (if available) and notarized.  An original application must be mailed or delivered to the Division.

 

2)        Include proof that the applicant has the authority to operate the requested airport or RLA on the subject property as evidenced by:

 

A)         the written approval of the prior Certificate Holder or, if deceased, executor or administrator of the estate; or

 

B)        a copy of the deed or long-term lease.

 

3)        Division personnel will visit the airport or RLA, as early as Division priorities will allow, to determine whether it meets the minimum standards found in this Part or whether it meets the minimum standards in effect at the time of certification for the operation of an airport or RLA, before a transfer will be approved.

 

A)        If the Division finds that the minimum standards have been met, the Division will issue an Order approving the transfer of the Certificate of Approval that will become effective immediately, with a copy simultaneously mailed to the applicant along with a new Certificate of Approval.  No Notice is required for this action and the Order is not required to be published in the newspaper.

 

B)         If the minimum standards of this Part have not been met, or, if the airport or RLA is not in compliance with the minimum standards in effect at the time of certification, the Division will advise the applicant as to what corrective measures need to be taken to achieve compliance (e.g., cut trees, clear brush).  Once the Division has determined that standards have been met, the Division will issue an Order approving the transfer of the Certificate of Approval that will become effective immediately, with a copy simultaneously mailed to the applicant along with a new Certificate of Approval.

 

b)         Modification of Certificate of Approval.  No person shall make an extension or alteration to an existing airport or RLA that will require a modification of the Certificate of Approval without first having secured an Order from the Division approving the extension or alteration.  Extensions or alterations will be considered in accordance with the applicable standards provided in either Section 14.510(a), 610(a), 710(a) or 810(a).

 

1)         The Certificate Holder shall complete an Application for Approval of Extension or Alteration to an Airport or RLA form (Form AER 2057) and shall state the nature of the proposed extension or alteration to the airport or RLA in the application.  An extension or alteration requiring a modification to the Certificate of Approval includes, but is not limited to, the following:

 

A)        Construction, realignment, alteration, or activation of any runway or other aircraft landing or takeoff area on an airport or RLA, or a taxiway associated with a landing or takeoff area on an airport or RLA, that causes any material change in the length, width or direction of any runway, other aircraft landing or takeoff area, or taxiway on an airport or RLA.

 

B)        Change of any traffic pattern or traffic pattern altitude or direction.

 

C)        Construction or installation of any building or other structure on the airport or RLA property that would extend above an approach slope, transition slope or turning zone.

 

D)        Planting or permitting to grow any vegetation or placement of any other obstacle on the airport or RLA property that would extend above an approach slope, transition slope, or turning zone.

 

E)        Discontinuance of any runway or other aircraft landing or takeoff area of an airport or RLA, as such, or any taxiway associated with a landing or takeoff area of an airport or RLA, for a period of one year or more.

 

F)         Change in status of an airport or RLA from private-use to public-use, or change in status of any airport from public-use to private-use or RLA.

 

2)         If the extension or alteration is such that an FAA Form 7480-1 must be submitted to the FAA for airspace approval (the requirements are listed on the instruction sheet for the Form 7480-1), the Division will submit the form on behalf of the applicant.

 

3)         Once the Division has received an airspace determination from the FAA, if required, the applicant will be notified in writing and the Division will proceed in processing Form AER 2057.  If the FAA issues a non-favorable airspace determination, the applicant will be notified in writing as to the criteria that led to the determination.

 

4)         The Division will publish a Notice in the local newspaper, within the county where the airport or RLA is located, indicating that the Division intends to publish an Order granting or denying the modification to the Certificate of Approval, with a copy of the Notice simultaneously mailed to the applicant.  All interested persons may, prior to the publication of the Order in the newspaper, file objections to or comments on the proposed Order by writing to the Division, within 15 days after the date of publication of the Notice in the newspaper.  The Division will consider any comments or opposition received within the 15-day period prior to making a decision to grant or deny a modification of the Certificate of Approval and prior to publishing the Order.  (See Section 60 of the Act.)

 

5)         If no comments or opposition to the proposed extension or alteration of the airport or RLA are received by the Division within the 15-day period, the Division will publish an Order in the local newspaper, within the county where the airport or RLA is located, approving the proposed extension or alteration of the airport or RLA and the modification of the Certificate of Approval, with a copy simultaneously mailed to the applicant.  The Order will include a description of the proposed extension or alteration, any terms and restrictions (e.g., runway orientation, length) associated with the issuance of a modified Certificate of Approval, a completion date for the extension or alteration, and a provision that a final inspection of the airport or RLA is to be conducted prior to the issuance of the modified Certificate of Approval.

 

6)         After the Order is published, interested persons may write or e-mail comments to the Division, or request a hearing in writing (see Subpart K), as to the validity or reasonableness of the Order.  Comments will be accepted for a 15-day period after publication of the Order in the local newspaper.  Unless the Division finds that a hearing is necessary or that a longer period of time is appropriate, the Order will be effective 20 days after publication in the local newspaper.  A modified Certificate of Approval may be issued to the Certificate Holder any time after the effective date of the Order.  The Division will consider any comments received within the 15-day period prior to making a decision to grant or deny a modified Certificate of Approval.  (See Section 60 of the Act.)

 

7)         If a hearing is requested, the Division will schedule it at the earliest date possible in the county seat of the county where the airport or RLA is located.  All interested persons will be notified in writing at least 10 days prior to the scheduled date of the hearing.  After the hearing has been held, the Division will issue a Supplemental Order indicating the findings and conclusions of the hearing and whether the original Order will stand or whether it will be modified.  A copy of the Supplemental Order will be mailed to the Certificate Holder as well as to the person or persons requesting the hearing.

 

8)         The Certificate Holder will have 18 months from the effective date of the Order to complete the extension or alteration of the airport or RLA.  The Certificate Holder shall contact the Division in writing or by phone, as noted in Section 14.100(d), within 30 days after the completion of the extension or alteration of the airport or RLA to schedule a final inspection with the Division.  If the minimum standards of this Part have been met upon completion of the extension or alteration and final inspection, the Division will issue a modified Certificate of Approval to the Certificate Holder for the operation of the airport or RLA that includes any extension or alteration made to the airport or RLA.

 

9)         If the Certificate Holder is unable to complete the extension or alteration of the airport or RLA within 18 months of the effective date of the Order, the Certificate Holder may request in writing an extension of time of the expiration date in the Order.  The Certificate Holder must state the reasons for requesting the extension of time (e.g., delay in starting the project, weather delays) in the written request.  The Division may grant or deny an extension of time based on whether the Certificate Holder has shown good cause to justify the request.  If an extension of time is granted, the additional period of time allowed will be at the Division's discretion.  If the request for an extension of time is denied, the application for the extension or alteration to the airport or RLA becomes null and void on the date the Order expires.

 

10)           The Division may initiate the modification of a Certificate of Approval if it finds, upon inspection, that the airport or RLA is not being operated in accordance with this Part or with the standards in effect at the time the original Certificate of Approval was issued for the airport or RLA.  Modifications will be made after the issuance of a Notice, Order and opportunity to be heard as outlined in subsections (b)(4), (5), (6) and (7).

 

c)         Rescission of Certificate of Approval.  The Certificate Holder, the property owner, and the Division each have the authority to request that a Certificate of Approval to operate an airport or RLA in Illinois be rescinded.  Additionally, rescission may be accomplished by Operation of Law as provided in subsection (c)(4).

 

1)         Rescission by Certificate Holder.  The Certificate Holder shall submit a completed Rescission of Certificate of Approval form (Form AER 2548) authorizing the closing of an airport or RLA and requesting that the Division rescind the Certificate of Approval.  The form shall include the reasons for the rescission.  A voluntary rescission by the Certificate Holder requires that the Division issue an Order of Rescission and mail a copy to the Certificate Holder.  No Notice is required.  The Order is not required to be published in the local newspaper but will be entered into the Division's records.

 

2)         Rescission by Property Owner.  The owner of the property that an airport or RLA is located upon shall submit a completed Rescission of Certificate of Approval form authorizing the closing of an airport or RLA and requesting that the Division rescind the Certificate of Approval.  The form shall include the reasons for the rescission, as well as a notarized statement indicating that the Certificate Holder no longer has the authority to operate the airport or RLA on the subject property.  A voluntary rescission by the property owner requires the Division to issue an Order of Rescission and mail copies to the property owner and the Certificate Holder.  No Notice is required.  The Order is not required to be published in the local newspaper but will be entered into the Division's record.

 

3)         Rescission by the Division.  The Division will rescind a Certificate of Approval if it finds that an airport or RLA is not being operated in accordance with this Part, or is not safe or is not being maintained or operated safely.  The abandonment of an airport or RLA for a period of two consecutive years shall be just cause for the Division to rescind a Certificate of Approval.  Any rescission by the Division will be after the issuance of a Notice, Order and an opportunity to be heard as outlined in subsections (b)(4), (5), (6) and (7).  (See Section 49 of the Act.)

 

4)         Rescission by Operation of Law.  Each Certificate of Approval will automatically expire, with no further action required, upon the death of the Certificate Holder or dissolution of the corporation, Limited Liability Company (LLC), Limited Liability Partnership (LLP), Association, etc. holding the Certificate of Approval, unless the Division receives an Application to Transfer Certificate of Approval form (Form AER 2058) and the airport or RLA is in compliance with the minimum standards of this Part.

 

(Source:  Amended at 42 Ill. Reg. 7104, effective March 30, 2018)

 

Section 14.130 Waivers

 

a)         The Division may waive strict compliance with any portion of this Part in connection with any particular application or request for a waiver, if the applicant demonstrates that the waiver:

 

1)         is necessary;

 

2)         will not adversely affect air traffic;

 

3)         will not interfere with future development of the airport or RLA;

 

4)         will not substantially impair the safety of the public's use of the airport; and

 

5)         will not diminish the safety of those using or living near the airport or RLA (i.e., the applicant must produce documentation indicating that the aircraft he proposes to utilize at the airport or RLA only requires a short strip for takeoff and landing, thereby allowing a waiver of the minimum length requirements).

 

b)         In evaluating a request for a waiver, the Division will consider, but is not limited to considering:

 

1)         the volume and type of aircraft using the airport or RLA;

 

2)         the navigational aids;

 

3)         the length and width of the landing strip;

 

4)         the instrument approaches;

 

5)         the function of the airport or RLA in the current national and State airport and airway plan;

 

6)         the nature of the terrain;

 

7)         the possibilities for future development;

 

8)         the proximity to neighbors;

 

9)         the population density; and

 

10)         the pattern agreements.

 

c)         The applicant must complete and sign an Application for Waiver form (Form AER 2056) that shall be submitted with the application for Certificate of Approval for an airport or RLA, or for an extension or alteration of an existing airport or RLA, in accordance with Section 14.115 and Section 14.120.  The Application for Waiver must contain clear and concise statements of the facts together with a request that a certain regulation be waived.

 

d)         An Application for Waiver will be checked for accuracy by Division personnel and must be approved by the Bureau Chief of Aviation Safety and the Director of the Division.  The applicant will be notified by the Division either in writing or by telephone, as soon as Division priorities will allow, as to whether the Application for Waiver has been approved.

 

e)         All decisions either approving or disapproving requests for waivers are final and are reviewable pursuant to Section 14.1196, Administrative Review.

SUBPART B: AIRCRAFT REGISTRATION

 

Section 14.200 Registration of Aircraft

 

Except as provided in Section 14.230, no person shall operate, or authorize to be operated, any civil aircraft in Illinois unless that aircraft has an appropriate effective license, airworthiness certificate or permit issued by the FAA for which a certificate of registration has been issued by the Division that is in full force and effect.  (See Section 43 of the Act.)

 

Section 14.210  Time and Manner of Registration

 

a)         Except as provided in Section 14.230, all holders of Federal Aircraft Certificates for aircraft engaged in air navigation in Illinois shall complete an Application for Registration of Federal Aircraft Certificate form (Form AER 2048) within 30 days after establishing residency in Illinois or within 30 days after purchasing an aircraft.  Each completed application shall contain at least the same information that is shown on the Federal Aircraft Certificate.

 

b)         The fee for the registration or transfer of registration of each Federal Aircraft Certificate is $20 when paid within the first year of the current biennial registration cycle.  Persons who register within the second year of the current biennial cycle must pay $10.  Remittance shall be payable to the State Treasurer of Illinois and shall be included at the time the application for registration is submitted to the Division.  (See Section 42 of the Act.)

 

c)         The Division will then issue a biennial Certificate of Registration that is required to be carried at all times in an aircraft engaged in air navigation in Illinois (see Section 14.220) and that will automatically expire upon transfer of ownership of the aircraft or on the date indicated on the Certificate of Registration.  The Certificate of Registration will be mailed to the registrant as early as Division priorities allow.  Each biennial registration cycle begins January 1 of all even-numbered years and expires December 31 of the following odd-numbered year.  Renewal notices are mailed at the beginning of each cycle.

 

d)         No formal hearing will be held concerning an application for a Certificate of Registration.  If additional information is needed, the Division may inquire about or investigate an application.

 

(Source:  Amended at 42 Ill. Reg. 7104, effective March 30, 2018)

 

Section 14.220 Exhibition of Certificates

 

a)         Each Federal Aircraft Certificate and the Certificate of Registration issued by the Division shall be carried at all times in the aircraft engaged in air navigation in Illinois.  Each certificate must be posted where it may be readily seen by passengers or inspectors (i.e., on the pocket of the kick panel) and must be presented for inspection upon demand by any passenger, any peace officer of this State, any officer or authorized employee or designee of the Division, or any official, manager or person in charge of any airport or RLA in Illinois upon which the aircraft lands. (See Section 45 of the Act.)

 

b)         In the event of loss, mutilation, correction (i.e., name change) or destruction of a Certificate of Registration, the owner of a registered aircraft may obtain a duplicate from the Division upon notifying the Division in writing and submitting a payment of $5.00 made payable to the State Treasurer of Illinois.

 

(Source:  Amended at 37 Ill. Reg. 15127, effective August 30, 2013)

 

Section 14.230  Exceptions to Registration Requirements

 

Sections 14.200, 210 and 220 do not apply to subsections (a)-(f) of this Section provided the aircraft complies with all other applicable Sections of this Part.

 

a)         An aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operations of the licensed aircraft.

 

b)         An aircraft owned by a non-resident person of the State of Illinois lawfully entitled to operate the aircraft in the state of his or its residence.

 

c)         An aircraft engaged principally in commercial flying constituting an act of interstate or foreign commerce.

 

d)         An aircraft while being transported in the possession of, or while being demonstrated to a potential buyer by a bonafide aircraft manufacturer, distributor or dealership.

 

e)         Ultralights and Ultralight Trainers (although the Division encourages registration).

 

f)         Publicly owned aircraft including military aircraft. (See Section 44 of the Act.)

SUBPART C: AIRMAN REGISTRATION

 

Section 14.300 Registration of Airman

 

Except as provided in Section 14.330, no person shall engage in the operation of an aircraft in Illinois unless he has obtained from the Division an effective registration of his current and appropriate airman certificate as issued by the FAA.  No person shall engage in the operation of aircraft in Illinois unless current and qualified under 14 CFR 61, effective October 1, 2002.  (See Section 43 of the Act.)

 

Section 14.310  Time and Manner of Registration

 

a)         Except as provided in Section 14.330, all holders of Federal Airman Certificates engaged in the operation of aircraft in Illinois shall complete an  Application for Registration of Federal Airman Certificate form (Form AER 1967) within 30 days after establishing residency in Illinois.  Each completed application shall contain at least the same information that is shown on the Federal Airman Certificate, including all ratings attached to the certificate.

 

b)         The fee for the registration of each Federal Airman Certificate is $20.00.  Remittance shall be payable to the State Treasurer of Illinois and shall be included at the time the application for registration is submitted to the Division.  (See Section 42 of the Act.)

 

c)         The Division will then issue a Certificate of Registration.  The Certificate of Registration will be mailed to the registrant as early as Division priorities allow. 

 

d)         No formal hearing will be held concerning an application for a Certificate of Registration.  If additional information is needed, the Division may inquire about or investigate an application.

 

(Source:  Amended at 42 Ill. Reg. 7104, effective March 30, 2018)

 

Section 14.320  Exhibition of Certificates

 

a)         The Federal Airman Certificate and the Division's Certificate of Registration shall be kept in the personal possession of the pilot when operating an aircraft in Illinois.  Both certificates must be presented for inspection upon demand by any passenger, any peace officer of this State, any officer or authorized employee or Agent of the Division, or any official, manager, or person in charge of any airport or RLA in Illinois upon which the airman lands.  (See Section 45 of the Act.)

 

b)         In the event of loss, mutilation, correction (e.g., name change), or destruction of a Certificate of Registration, an airman may obtain a duplicate from the Division upon notifying the Division in writing and submitting a payment of $5.00 made payable to the State Treasurer of Illinois.

 

(Source:  Amended at 42 Ill. Reg. 7104, effective March 30, 2018)

 

Section 14.330 Exceptions to Registration Requirements

 

Sections 14.300, 310 and 320 do not apply to:

 

a)         A pilot operating military or public aircraft or any aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of the licensed aircraft.

 

b)         Any person piloting an aircraft that is equipped with fully functioning dual controls, when a licensed instructor is in full charge of one set of controls and the flight is solely for instruction, or for the demonstration of the aircraft to a bonafide potential buyer.

 

c)         A non-resident, operating aircraft in Illinois lawfully entitled to operate aircraft in the state of his residence.

 

d)         Pilots and flight instructors solely engaged in the flight of Ultralights and Ultralight Trainers (although the Division encourages registration).

 

e)         A pilot operating or taking part in the operation of an aircraft engaged solely in commercial flying constituting an act of interstate or foreign commerce.  (See Section 44 of the Act.)

SUBPART D: AIR SAFETY

 

Section 14.400 Applicability

 

This Subpart D applies to aircraft operated in the state of Illinois and the overlying airspace, except for aircraft engaged in special flight operations requiring deviation from this Subpart D that are conducted in accordance with the terms and conditions of a valid certificate of waiver issued by the FAA.  For information on Special Purpose Aircraft and Ultralights, see Subparts I and J respectively.  This Subpart D does not limit the authority of local officials to take appropriate action to stop, prevent or penalize individuals for or from creating a nuisance.  Normal operations, however, do not constitute a nuisance.

 

Section 14.410 Responsibility and Authority of Pilot

 

The pilot-in-command of the aircraft shall be directly responsible for its operation and shall have final authority as to the operation of the aircraft.  In emergency situations that require immediate decisions and actions (e.g., engine failure), the pilot-in-command may deviate from this Subpart D to the extent required for safety considerations.  When emergency authority is exercised, the pilot-in-command, upon request of the Division, shall file a written report that, at a minimum, describes the circumstances of the emergency and how the pilot-in-command deviated from this Subpart D.

 

a)         Careless or Reckless Operation

 

1)         No pilot shall operate an aircraft in a careless or reckless manner so as to endanger the person or property of another.

 

2)         Examples of careless or reckless aircraft operation that may endanger the person or property of another are:

 

A)        Buzzing, diving on, or flying in close proximity to livestock, homes, any structure, aircraft, vehicle, vessel, person or group of persons.

 

B)        Operating the aircraft at an insufficient altitude so as to endanger a person or property on the surface or passengers within the aircraft.

 

C)        Lacking vigilance by the pilot to observe and avoid other air traffic.

 

D)        Knowingly and substantially violating airport traffic rules established by the FAA or the airport owner.

 

E)        Operating an aircraft without meeting the FAA's minimum qualifications and currency requirements for pilots.

 

b)         Proximity of Aircraft.  No pilot shall operate an aircraft in proximity to or on a course relative to other aircraft so as to create a collision hazard.  No aircraft shall be operated in formation flight except by pre-arrangement between the pilot-in-command of each aircraft.  No pilot shall operate an aircraft in formation flight when passengers are carried for hire.

 

c)         Aerobatic Flight

 

1)         No pilot shall intentionally fly an aircraft in aerobatic flight unless each occupant is equipped with a FAA approved parachute.  Aerobatic flight relating to this Part means:

 

A)        A bank in excess of 60º relative to the horizon; or

 

B)        A nose up or nose down attitude in excess of 30º relative to the horizon.

 

2)         No pilot shall engage in aerobatic flight under the following conditions:

 

A)        Over congested areas of cities, towns, settlements, or over an open-air assembly of persons.

 

B)        Within any FAA designated airway or within the lateral boundaries of the surface areas of Class B, Class C, Class D or Class E airspace designated for an airport.

 

C)        When the flight visibility is less than three statute miles.

 

D)        Below an altitude of 1,500 feet above the surface.

 

3)         Subsection (c)(1) of this Section does not apply to:

 

A)        Flight tests for pilot certification or rating; or

 

B)        Spins and other flight maneuvers required by FAA regulations for any certificate or rating when given by:

 

i)          An authorized flight instructor; or

 

ii)         An airline transport pilot instructing in accordance with 14 CFR 61, effective October 1, 2002.

 

d)         Minimum Safe Altitudes.  Except when necessary for takeoff or landing, and except as permitted by a FAA low flying waiver, no pilot shall operate an aircraft below the following altitudes at the following locations:

 

1)         Anywhere.  An altitude that will permit, in the event of the failure of a power unit, an emergency landing without hazard to a person or property on the surface.

 

2)         Over a Congested Area.  Over any congested area of a city, town or settlement, or over any open-air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.  Helicopters and aircraft having similar flight characteristics may be flown at less than the minimum prescribed in this subsection (d)(2) if such operations are conducted without hazard to or disturbance of persons or property on the surface and in accordance with subsection (d) of this Section.  However, the Division, in the interest of safety, may prescribe specific routes and altitudes for the operations, with which Special Purpose Aircraft shall conform.

 

3)         Over an Area Other Than Congested Area.  At an altitude of 500 feet above the surface, except over open water or sparsely populated areas.  In these cases, the aircraft shall not be operated closer than 500 feet to any person, vessel, vehicle or structure.  Helicopters may be flown at less than the minimums prescribed in this subsection (d)(3) if the operations are conducted without hazard to a person or property on the surface, and in accordance with subsection (d) of this Section.

 

e)         Aircraft Lights

 

1)         Between sunset and sunrise, all aircraft in flight or operated on the ground, or under way on the water, shall display position lights and approved aviation red or aviation white anti-collision lights if so equipped.

 

2)         Between sunrise and sunset, all aircraft in flight shall display approved aviation red or aviation white anti-collision lights.  However, the anti-collision lights need not be lighted if the pilot-in-command determines, due to operating conditions and in the interest of safety, the lights need not be on.

 

f)         Visual Flight Rules (VFR) – Basic VFR Weather Minimums

 

1)         Except as provided in 14 CFR 91.155(b) or 14 CFR 91.157, effective October 1, 2002, no pilot may operate an aircraft under VFR when the flight visibility is less, or at a distance from clouds that is less, than that prescribed in 14 CFR 91.155(a), effective October 1, 2002.

 

2)         When the visibility is less than one statute mile, a helicopter may be operated outside Class E airspace at 1,200 feet or less above the surface, if operated at a speed that allows the pilot adequate opportunity to see any air traffic or other obstruction in time to avoid a collision.

 

3)         Except as provided in subsection (g) of this Section, no pilot may operate an aircraft beneath the ceiling within the lateral boundaries of Class E airspace designated to the surface for an airport, under VFR, when the ceiling is less than 1,000 feet.

 

4)         Except as provided in subsection (g) of this Section, no person may takeoff or land an aircraft, or enter the traffic pattern of an airport, under VFR, within the lateral boundaries of the surface areas of Class B, Class C, Class D or Class E airspace designated for an airport unless:

 

A)        Ground visibility at that airport is at least three statute miles; or

 

B)        If ground visibility is not reported at that airport, flight visibility during landing or takeoff, or while operating in the traffic pattern, is at least three statute miles.

 

5)         For the purposes of subsection (f) of this Section, an aircraft operating at the base altitude of Class E airspace is considered to be within the airspace directly below that area.

 

g)         Visual Flight Rules – Special VFR Weather Minimums.

 

1)         When a pilot has received an appropriate Air Traffic Control (ATC) clearance, the special weather minimums of this subsection (g)(1), instead of those contained in subsection (f) of this Section, apply to the operation of an aircraft under VFR by that pilot in a Class B, Class C, Class D or Class E airspace designated for an airport.

 

2)         No pilot may operate an aircraft, other than a helicopter, under special VFR clearance, unless one statute mile of flight visibility and clear of clouds is maintained.

 

3)         Except for helicopters, no pilot may operate an aircraft under special VFR clearance between sunset and sunrise, unless that person meets the requirements for instrument flight under 14 CFR 61, effective October 1, 2002, and the aircraft is equipped as required in 14 CFR 91.205(d), effective October 1, 2002.

 

h)         VFR Cruising Altitude or Flight Level.  Except while holding in a holding pattern of two minutes or less, or while turning, each pilot operating an aircraft under VFR in level cruising flight, more than 3,000 feet above the surface, shall maintain the appropriate altitude prescribed below.

 

1)         When operating below 18,000 feet mean sea level (MSL) and:

 

A)        On a magnetic course of zero degrees through 179 degrees, any odd thousand foot MSL altitude + 500 feet (such as 3,500, 5,500 or 7,500); or

 

B)        On a magnetic course of 180 degrees through 359 degrees, any even thousand foot MSL altitude + 500 feet (such as 4,500, 6,500 or 8,500).

 

2)         VFR Flight above 18,000 feet MSL is prohibited throughout the conterminous United States.

 

Section 14.420 Use of Liquor, Narcotics and Drugs

 

a)         No person may act as a pilot or required crewmember of a civil aircraft:

 

1)         within eight hours after the consumption of any alcoholic beverage;

 

2)         while under the influence of alcohol;

 

3)         while using any drug that affects his faculties in any way contrary to safety; or

 

4)         while having .04 percent by weight or more alcohol in the blood.  (See Section 43(d) of the Act.)

 

b)         Except in an emergency, no pilot of a civil aircraft may allow a person who appears to be under the influence of intoxicating liquors or drugs (except a medical patient under proper care) to be carried as a passenger in that aircraft.

 

Section 14.430 Transportation of Explosives, Dangerous Articles or Illegal Substances

 

a)         No person piloting an aircraft shall permit explosives or other dangerous articles or material such as flammable liquids or solids, oxidizing materials, corrosive liquids or solids, or tear gas to be carried in aircraft, unless carried, contained and transported in a safe (by federal standards) manner.  Small arms and ammunition for personal use consistent with applicable federal and State laws, necessary aircraft signaling devices and equipment necessary for the safe operation of the aircraft are permitted.

 

b)         The transportation of illegal substances is prohibited.

 

Section 14.440  Dropping Objects from Aircraft

 

a)         No person, while operating or riding in any type of aircraft, shall cause to be dropped any object used to publicize or advertise any product, service, activity, or event; including circulars, posters, handbills, or other advertising matter.

 

b)         No person, owner, or lessee, while operating or riding in any type of aircraft, may cause to be dropped any other object, unless he or she applies for and receives a dropping permit from the Division.  Permit forms can be obtained by contacting the Division.

 

1)         The completed permit form must be received at least 14 days prior to the date of the scheduled drop.

 

2)         The permit form must specify the name and address of the person who will be authorized to make the drop, as well as the date, time, and place for the drop and the object to be dropped.

 

3)         Approval is contingent upon whether the drop will constitute a safety hazard.  If approved, the permit will be mailed to the person making the request before the day of the scheduled drop.  (See Section 43(b) of the Act.)

 

c)         This Section does not prohibit the otherwise lawful use of aircraft for agricultural applications, fire suppression, or pest control.  The operator of an aircraft engaging in aerial applications shall carry on his or her person a permit issued by the Illinois Department of Agriculture. (See Section 43(b) of the Act.)

 

(Source:  Amended at 42 Ill. Reg. 7104, effective March 30, 2018)

 

Section 14.450 Fuel Requirements for Flight in VFR Conditions

 

a)         No pilot shall begin a flight in an airplane under VFR conditions unless, considering wind and forecast weather conditions, there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed:

 

1)         during the day, to fly after that for at least 30 minutes; or

 

2)         at night, to fly after that for at least 45 minutes.

 

b)         No pilot shall begin a flight in a rotorcraft under VFR conditions unless, considering wind and forecast weather conditions, there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

 

Section 14.460 Fuel Requirements for Flight in IFR Conditions

 

a)         Except as provided in subsection (b) of this Section, no pilot shall operate a civil aircraft in Instrument Flight Rule (IFR) conditions unless it carries enough fuel, considering weather reports and forecasts, and weather conditions, to:

 

1)         complete the flight to the first airport of intended landing; and

 

2)         fly from that airport to the alternate airport; and

 

3)         fly after that for 45 minutes at normal cruising speed or, for rotorcraft, fly after that for 30 minutes at normal cruising speed.

 

b)         Subsection (a)(2) of this Section does not apply if:

 

1)         14 CFR 97, effective October 1, 2002, prescribes a standard instrument approach procedure for the first airport of intended landing; and

 

2)         for at least one hour before and one hour after the estimated time of arrival at the airport, the weather reports or forecasts, or any combination of them indicate:

 

A)        the ceiling will be at least 2,000 feet above the airport elevation; and

 

B)        visibility will be at least three statute miles.

SUBPART E: AIRPORTS

 

Section 14.500 Airport Classification

 

Airports and Ultralight/Short Takeoff and Landing (STOL) Airports shall be classified as public-use or private-use.  For purposes of this Subpart E, the word "airport" includes Ultralight/STOL airports.  The minimum standards for the establishment, management or operation of airports shall be in accordance with this Subpart E, including the minimum dimensional standards for airports as shown in Section 14.Appendix A, Illustrations A, B, C and D.

 

Section 14.510 Application for Certificate of Approval

 

a)         New Airports.  The Division will issue a Certificate of Approval for an airport in accordance with Section 14.115, taking into consideration:

 

1)         the airport’s proposed location;

 

2)         the airport’s size and layout;

 

3)         the relationship of the proposed airport to the then current State and Federal Airport and Airways System;

 

4)         whether there are safe areas available for expansion purposes;

 

5)         whether the adjoining areas are free from obstructions based on a proper glide ratio;

 

6)         the nature of the terrain;

 

7)         the nature of the uses to which the proposed airport will be put;

 

8)         the possibilities for future development; and

 

9)         the minimum standards contained in this Subpart E, including Section 14.Appendix A, Illustrations A, B, C and D.  (See Section 48 of the Act.)

 

b)         Transfer of Certificate of Approval.  The Division will issue a new Certificate of Approval for the transfer of an airport in accordance with Section 14.120(a).

 

c)         Modification of Certificate of Approval.  The Division will issue a new Certificate of Approval after completion of an airport extension or alteration that requires a modification of the Certificate of Approval in accordance with Section 14.120(b).

 

Section 14.520 Design and Layout Requirements

 

The minimum airport design and layout requirements shall be in accordance with subsections (a) and (b) of this Section, and with the standards and limitations shown in Section 14.Appendix A, Illustrations A, B, C and D.

 

a)         Multiple Runway Airport.  Relative to the minimum standards for an airport, the Division will not recognize any additional landing area as a runway or landing strip, unless the proposed second or additional landing area has a runway length of at least 80% of the effective length of the primary runway, or unless it is a designated STOL runway.  To be a designated STOL runway, it must meet the criteria as prescribed in Section 14.Appendix A, Illustrations C and D.

 

b)        Line of Sight (LOS).  Runway grades, terrain, structures, and permanent objects must be such that there will be an unobstructed LOS from any point five feet above one runway centerline to a point five feet above an intersecting runway centerline, both points being within the area of the runway's visibility zone.  The runway's visibility zone is an area formed by connecting points located 50% of the distance between runway ends and the runway intersection.  Additionally, LOS between same runway ends from a point five feet above the ends must be maintained.  (See Section 14.Appendix A, Illustration E.)

 

Section 14.530 Obstructions

 

In order to be eligible for a Certificate of Approval under this Part, an airport must initially and continually be free of obstructions (e.g., buildings, trees, power poles, etc.) on all runway or landing approach/departure surfaces.  Glide ratios and height limitations are shown in Section 14.Appendix A, Illustrations A and C.

 

Section 14.540 Airport Marking

 

a)         Every airport shall be marked so that the usable landing area is clearly defined as observed from an altitude of l500' above ground level (AGL) in accordance with Section 14.Appendix A, Illustrations F and G.

 

b)         Airports that have a non-standard traffic pattern are required to have a segmented circle with traffic arms.  Section 14.Appendix A, Illustration H depicts the dimensional standards for a segmented circle.

 

c)         Displaced thresholds (based on a 20:1 approach over all obstructions) shall be clearly marked in accordance with Section 14.Appendix A, Illustration I.

 

d)         All obstructions, such as pole lines that extend above a 20:1 approach slope measured from the physical end of the runway, that are difficult for pilots to observe readily from the air shall be clearly marked.

 

e)         All obstructions or field conditions that constitute a hazard to aircraft on the ground, shall be clearly marked and visible from the air (e.g., yellow tape, orange cones).

 

Section 14.550 Facilities

 

Every airport shall provide at least the minimum facilities as prescribed in Section 14.Appendix B, Table A.

 

Section 14.560  Responsibility of a Public-Use Airport Certificate Holder

 

The holder of a Certificate of Approval for a public-use airport, or his or her authorized agent, has the responsibility to enforce applicable federal, State and local aeronautical laws, and regulations of this Part.  In addition to maintaining the terms and conditions outlined in the Certificate of Approval and its supporting Order, the Certificate Holder or agent must:

 

a)         Immediately designate any condition that may render an aircraft landing or takeoff hazardous (e.g., rough terrain, soft ground) by prominently displaying an "X" as set forth in Appendix A, Illustration J; and, also, by notifying the appropriate Federal Aviation Administration Flight Service Station (FAA-FSS) of those conditions.  All other hazardous conditions (e.g., snow or ice on runway) should be reported immediately or NOTAMED (Notice to Airmen) to the FAA-FSS.

 

b)         Supervise or cause the supervision of all aeronautical activity in connection with the airport in the interest of public safety, except activity that may be controlled by an authorized air traffic control facility.

 

c)         Have authorized personnel in attendance at the airport at all times during normal business hours (i.e., 8:00 AM to 5:00 PM).  In the event that it is impractical to comply with the foregoing, the Certificate Holder or his or her agent shall post a prominent notice of the existing situation and provide a telephone number for assistance.

 

d)         Ensure that the airport has a phone number by which Division personnel can reach the Certificate Holder or agent.  In the event that the Certificate Holder or agent is not available at the airport number, an answering device at the airport number shall provide a message identifying a reliable secondary number where the Certificate Holder or agent can be reached.  It is mandatory that any change in Certificate Holder/agent address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.

 

e)         Prescribe local airport rules that will be reviewed and approved, prior to their adoption, by the Division.

 

f)         Develop and follow, on the property subject to his or her control, operational maintenance, and repair practices that will ensure that the landing area and approaches are free from hazards to the operation of aircraft.

 

g)         Furnish the Division, upon request, with information concerning aircraft using the airport as an operating base, persons exercising managerial or supervisory functions at the airport, accidents, and the nature and extent of aeronautical activity occurring at the airport.

 

h)         Obliterate all signs and markings that might indicate that the airport is still operating, prior to the Division issuing an Order closing the airport, in accordance with Section 14.120(c).  Place an "X" on the field, as set forth in Appendix A, Illustration J, unless the airport is, or is proposed to be, operated as an RLA.

 

(Source:  Amended at 42 Ill. Reg. 7104, effective March 30, 2018)

 

Section 14.570  Responsibility of a Private-Use Airport Certificate Holder

 

The holder of a Certificate of Approval for a private-use airport, or his or her authorized agent, has the responsibility to enforce applicable federal, State and local aeronautical laws, and  this Part.  In addition to maintaining the terms and conditions outlined in the Certificate of Approval and its supporting Order, the Certificate Holder or agent must:

 

a)         Immediately designate any condition that may render an aircraft landing or takeoff hazardous by prominently displaying an "X" as set forth in Appendix A, Illustration J.

 

b)         Supervise or cause the supervision of all aeronautical activity in connection with the airport in the interest of safety.

 

c)         Ensure that the airport has a phone number by which Division personnel can reach the Certificate Holder or designee.  In the event that the Certificate Holder or designee is not available at the airport number, an answering device at the airport number shall provide a message identifying a reliable secondary number where the Certificate Holder or designee can be reached.  It is mandatory that any change in Certificate Holder/designee address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.

 

d)         Prescribe local airport rules that will be reviewed and approved, prior to their adoption, by the Division.

 

e)          Develop and follow, on the property subject to his or her control, operational maintenance and repair practices that will ensure that the landing area and approaches are free from hazards to the operation of aircraft.

 

f)         Furnish the Division, upon request, with information concerning aircraft using the airport as an operating base, persons exercising managerial or supervisory functions at the airport, accidents, and the nature and extent of aeronautical activity occurring at the airport.

 

g)         Obliterate all signs and markings that might indicate that the airport is still operating, prior to the Division issuing an Order closing the airport, in accordance with Section 14.120(c).  Place an "X" on the field, as set forth in Appendix A, Illustration J, unless the airport is, or is proposed to be, operated as an RLA.

 

(Source:  Amended at 42 Ill. Reg. 7104, effective March 30, 2018)

 

Section14.580 Restrictions on Use

 

For restrictions on use see Section 14.Appendix B, Table B.

SUBPART F: AIRPORTS FOR NON-CONVENTIONAL AIRCRAFT

 

Section 14.600 Airport Classification

 

Airports designated as seaplane bases or landing areas for seaplanes, or for non-conventional types of aircraft such as lighter-than-air aircraft or balloons shall be classified as public-use or private-use.  The minimum standards for the establishment, management or operation of airports for non-conventional aircraft shall be in accordance with this Subpart F, including the minimum dimensional standards as shown in Section 14.Appendix C, Illustration A.

 

Section 14.610 Application for Certificate of Approval

 

Issuance of a Certificate of Approval to an operator of an airport for non-conventional aircraft does not exempt the operator from compliance with all applicable federal, State and local regulations.

 

a)         New Airports.  The Division will issue a Certificate of Approval for an airport for non-conventional aircraft in accordance with Section 14.115, taking into consideration:

 

1)         the airport’s proposed location;

 

2)         the airport’s size and layout;

 

3)         the relationship of the proposed airport to the then current State and Federal Airport and Airways System;

 

4)         whether there are safe areas available for expansion purposes;

 

5)         whether the adjoining areas are free from obstructions based on a proper glide ratio;

 

6)         the nature of the terrain;

 

7)         the nature of the uses to which the proposed airport will be put;

 

8)         the possibilities for future development; and

 

9)         the minimum standards contained in this Subpart F, including Section 14.Appendix C, Illustration A.  (See Section 48 of the Act.)

 

b)         Transfer of Certificate of Approval.  The Division will issue a new Certificate of Approval for the transfer of an airport in accordance with Section 14.120(a).

 

c)         Modification of Certificate of Approval.  The Division will issue a new Certificate of Approval after completion of an airport extension or alteration that requires a modification to the Certificate of Approval in accordance with Section 14.120(b).

 

Section 14.620  Public-Use of Airports for Non-Conventional Aircraft

 

a)         Balloon Port

 

1)         Physical Standards.  The diameter of the launch circle shall be a minimum of 300 feet, as shown in Appendix C, Illustration A.

 

2)         Minimum Departure Slope.  A balloon port must provide a 1:1 departure slope as measured from the nearest edge of the circle throughout its entire 360º circumference.  All public utility lines, towers of all types, and inhabited buildings or dwellings must be cleared by at least 5:1 as measured from the nearest edge of the circle.

 

3)         Facilities.  Every balloon port shall provide:

 

A)        Wind direction/velocity indicator (must be lighted for night use).

 

B)        Adequate fire protection equipment.

           

C)        Potable water during business hours.

 

D)        Sanitary restroom facilities.

 

E)        First-aid kit.

 

4)         Responsibility of a Public-Use Balloon Port Certificate Holder

 

A)        Supervise or cause the supervision of all aeronautical activity in connection with the balloon port in the interest of public safety, except activity that may be controlled by an authorized air traffic control facility.

 

B)        Have authorized personnel in attendance at the balloon port at all times during normal business hours (i.e., 8:00 AM to 5:00 PM).  In the event that it is impractical to comply with the foregoing, the Certificate Holder or his or her agent shall post a prominent notice of the existing situation and provide a telephone number for assistance.

 

C)        Ensure that the balloon port has a phone number by which Division personnel can reach the Certificate Holder or his or her agent.  In the event that the Certificate Holder or agent is not available at this number, an answering device at the balloon port number shall provide a message identifying a reliable secondary number where the Certificate Holder or agent can be reached.  It is mandatory that any change in Certificate Holder/agent address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.

 

D)        Prescribe local balloon port rules that will be reviewed and approved, prior to their adoption, by the Division.

 

E)        Develop and follow, on the property subject to the Certificate Holder's control, operational maintenance and repair practices that will ensure that the landing area and approaches are free from hazards to the operation of aircraft.

 

F)         Furnish the Division, upon request, information concerning aircraft using the balloon port as an operating base, persons exercising managerial or supervisory functions at the balloon port, accidents, and the nature and extent of aeronautical activity occurring at the balloon port.

 

b)         Seaplane Base

 

1)         Physical Standards for Water Lane.  Water landing and departure surfaces must be a minimum of 400 feet in width, as shown in Appendix C, Illustration A.

 

2)         Water Lane Length and Minimum Clearances.  The water lane length for all approaches to and takeoff from the water shall be sufficient to allow for a 100' clearance over all structures on land and water.

 

3)         Facilities.  Every seaplane base shall provide:

 

A)        Wind direction/velocity indicator (must be lighted for night use).

 

B)        One 20# fire extinguisher (two with sale of fuel).

           

C)        Docking or beaching facility.

 

D)        Accessible emergency personal flotation device (life ring or preserver).

 

E)        Potable water.

 

F)         Sanitary restrooms.

 

G)        First-aid kit.

 

H)        Segmented circle with arms where a non-standard traffic pattern is used.

 

I)        Fuel.

 

4)         Responsibility of a Public-Use Seaplane Base Certificate Holder

 

A)        Notify the appropriate FAA-FSS of hazardous conditions.

 

B)        Supervise or cause the supervision of all aeronautical activity in connection with the seaplane base in the interest of public safety, except activity that may be controlled by an authorized air traffic control facility.

 

C)        Have authorized personnel in attendance at the seaplane base at all times during normal business hours (i.e., 8:00 AM to 5:00 PM).  In the event that it is impractical to comply with the foregoing, the Certificate Holder or his or her agent shall post a prominent notice of the existing situation and provide a telephone number for assistance.

 

D)        Ensure that the seaplane base has a phone number by which Division personnel can reach the Certificate Holder or his or her agent.  In the event that the Certificate Holder or agent is not available at this number, an answering device at the seaplane base number shall provide a message identifying a reliable secondary number where the Certificate Holder or agent can be reached.  It is mandatory that any change in Certificate Holder/agent  address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.

 

E)        Prescribe local seaplane base rules that will be reviewed and approved, prior to their adoption, by the Division.

 

F)         Develop and follow, on the property subject to the Certificate Holder's control, operational maintenance and repair practices that will ensure that the landing area and approaches are free from hazards to the operation of aircraft.

 

G)        Furnish the Division, upon request, information concerning aircraft using the seaplane base as an operating base, persons exercising managerial or supervisory functions at the seaplane base, accidents, and the nature and extent of aeronautical activity occurring at the seaplane base.

 

(Source:  Amended at 42 Ill. Reg. 7104, effective March 30, 2018)

 

Section 14.630  Private-Use of Airports for Non-Conventional Aircraft

 

a)         Balloon Port

 

1)         Physical Standards.  The diameter of the launch circle shall be a minimum of 300 feet, as shown in Appendix C, Illustration A.

 

2)         Minimum Departure Slope.  A balloon port must provide a 1:1 departure slope as measured from the nearest edge of the circle throughout its entire 360º circumference.  All public utility lines, towers of all types, and inhabited buildings or dwellings must be cleared by at least 5:1 as measured from the nearest edge of the circle.

 

3)         Facilities.  Every balloon port shall provide a wind direction/velocity indicator (must be lighted for night use).

 

4)         Responsibility of a Private-Use Balloon Port Certificate Holder

 

A)        Supervise or cause the supervision of all aeronautical activity in connection with the balloon port in the interest of safety.

 

B)        Ensure that the balloon port has a phone number by which Division personnel can reach the Certificate Holder or agent.  In the event that the Certificate Holder or agent is not available at this number, an answering device at the balloon port number shall provide a message identifying a reliable secondary number where the Certificate Holder or agent can be reached.  It is mandatory that any change in Certificate Holder/agent address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.

 

C)        Prescribe local balloon port rules that will be reviewed and approved, prior to their adoption, by the Division.

 

D)        Develop and follow, on the property subject to his or her control, operational maintenance and repair practices that will ensure that the landing area and approaches are free from hazards to the operation of aircraft.

 

E)        Furnish the Division, upon request, with information concerning aircraft using the balloon port as an operating base, persons exercising managerial or supervisory functions at the balloon port, accidents, and the nature and extent of aeronautical activity occurring at the balloon port.

 

b)         Seaplane Base

 

1)         Physical Standards.  Water landing and departure surfaces must be a minimum of 400 feet in width, as shown in Appendix C, Illustration A.

 

2)         Minimum Clearances.  All approaches to and departures from the water area shall be sufficient to clear all structures on the land or in the water by at least 100 feet.

 

3)         Facilities.  Every seaplane base shall provide a wind direction/velocity indicator (must be lighted for night use).

 

4)         Responsibility of a Private-Use Seaplane Base Certificate Holder:

 

A)        Supervise or cause the supervision of all aeronautical activity in connection with the seaplane base in the interest of safety.

 

B)        Ensure that the seaplane base has a phone number by which Division personnel can reach the Certificate Holder or his or her agent.  In the event that the Certificate Holder or agent is not available at this number, an answering device at the seaplane base number shall provide a message identifying a reliable secondary number where the Certificate Holder or agent can be reached.  It is mandatory that any change in Certificate Holder/agent address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.

 

C)        Prescribe local seaplane base rules that will be reviewed and approved, prior to their adoption, by the Division.

 

D)        Develop and follow, on the property subject to his or her control, operational maintenance and repair practices that will ensure that the landing area and approaches are free from hazards to the operation of aircraft.

 

E)        Furnish the Division, upon request, with information concerning aircraft using the seaplane base as an operating base, persons exercising managerial or supervisory functions at the seaplane base, accidents, and the nature and extent of aeronautical activity occurring at the seaplane base.

 

(Source:  Amended at 42 Ill. Reg. 7104, effective March 30, 2018)

 

Section 14.640 Restrictions on Use

 

For restrictions on use see Section 14.Appendix D, Table A.

SUBPART G: RESTRICTED LANDING AREAS

 

Section 14.700  Restricted Landing Area Classification

 

Restricted Landing Areas (RLAs) shall be classified as private-use only.  For the purposes of this Subpart G, RLA includes Ultralight/STOL RLAs.  An RLA shall provide a landing area sufficient for a safe operation, taking into consideration the type of aircraft to be used and the skill level of the pilots using the RLA.  The minimum standards for the establishment, management or operation of RLAs shall be in accordance with this Subpart G, including the minimum dimensional standards as shown in Appendix E, Illustrations A, B, C and D.

 

(Source:  Amended at 38 Ill. Reg. 20064, effective October 2, 2014)

 

Section 14.710  Application for Certificate of Approval

 

a)         New RLAs.  The Division will issue a Certificate of Approval for an RLA in accordance with Section 14.115, and taking into consideration:

 

1)         the RLA's proposed location;

 

2)         the RLA's size and layout;

 

3)         the relationship of the proposed RLA to the then current State and Federal Airport and Airways System;

 

4)         whether there are safe areas available for expansion purposes;

 

5)         whether the adjoining areas are free from obstructions based on a proper glide ratio;

 

6)         the nature of the terrain;

 

7)         the nature of the uses to which the proposed RLA will be put;

 

8)         the possibilities for future development; and

 

9)         the minimum standards contained in this Subpart G, including Appendix E, Illustrations A, B, C and D.  (See Section 48 of the Act.)

 

b)         Transfer of Certificate of Approval.  The Division will issue a new Certificate of Approval for the transfer of an RLA in accordance with Section 14.120(a). 

 

c)         Modification of Certificate of Approval.  The Division will issue a new Certificate of Approval after completion of an RLA extension or alteration that requires a modification of the Certificate of Approval in accordance with Section 14.120(b).

 

(Source:  Amended at 38 Ill. Reg. 20064, effective October 2, 2014)

 

Section 14.720  Design and Layout Requirements

 

The minimum RLA design and layout requirements shall be in accordance with the standards and limitations shown in Appendix E, Illustrations A, B, C and D.

 

(Source:  Amended at 38 Ill. Reg. 20064, effective October 2, 2014)

 

Section 14.730  Obstructions

 

In order for an RLA to be eligible for a Certificate of Approval under this Part, an RLA must initially and continually be free of obstructions (e.g., trees, power lines) on all runways or landing strips within the glide ratio and height limitations shown in Appendix E, Illustrations A and C.

 

(Source:  Amended at 38 Ill. Reg. 20064, effective October 2, 2014)

 

Section 14.740  Facilities

 

Every RLA shall provide:

 

a)         Wind direction/velocity indicator (must be lighted for night use); and

 

b)        Clearly marked thresholds and/or displaced thresholds visible from 1500' above ground level (AGL) as shown in Appendix E, Illustration E.

 

(Source:  Amended at 38 Ill. Reg. 20064, effective October 2, 2014)

 

Section 14.750  Responsibility of a Restricted Landing Area Certificate Holder

 

The holder of a Certificate of Approval for an RLA or his or her authorized agent has the responsibility to enforce applicable federal, State and local aeronautical laws, and regulations of this Part.  In addition to maintaining the terms and conditions outlined in the Certificate of Approval and its supporting Order, the Certificate Holder or his or her agent must:

 

a)         Immediately designate any condition that may render an aircraft landing or takeoff hazardous by prominently displaying an "X" as set forth in Appendix E, Illustration F.

 

b)         Supervise or cause the supervision of all aeronautical activity in connection with the RLA in the interest of safety.

 

c)         Maintain the landing area and approaches so as to permit safe operation in accordance with original certification standards.

 

d)         Ensure that the RLA has a phone number by which Division personnel can reach the Certificate Holder or his or her agent.  In the event that the Certificate Holder or agent is not available at this number, a reliable secondary number where the Certificate Holder or agent can be reached shall be available.  It is mandatory that any change in Certificate Holder/agent address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.

 

e)         Furnish the Division, upon request, with information concerning aircraft using the RLA as an operating base, persons exercising managerial or supervisory functions at the RLA, accidents and the nature and extent of aeronautical activity occurring at the RLA.

 

f)         Obliterate all signs and markings that might indicate that the RLA is still operating as such, prior to the Division issuing an Order closing the RLA, in accordance with Section 14.120(c).

 

(Source:  Amended at 42 Ill. Reg. 7104, effective March 30, 2018)

 

Section 14.760 Fly-In Events, Prevention of Accidents Due to Overcrowding of Landing Areas

 

a)         Whenever a fly-in event (more than six aircraft) is staged or held at any RLA, it shall be the responsibility of the Certificate Holder to:

 

1)         Provide, install, display and maintain clearly visible "Closed Runway" X markers, in accordance with Appendix E, Illustration F (each of the four arms of each X marker must be at least 60 feet long and at least 10 feet wide and of a color (preferably yellow) to contrast with the background on which it is installed).

 

A)        Keep X markers in place at all times during the course of the event at or near each end of each landing strip or runway, other than the active landing strip or runway, to prevent mistaken or inadvertent use for landing.

 

B)        Keep X markers in place at or near each end of the active landing strip or runway when all aircraft that can be accommodated have landed; or, where field, spectator, weather conditions or departure of aircraft on the ground shall render further landing of aircraft hazardous.

 

2)         Provide personnel to guide landed aircraft to and from the aircraft parking area and provide, designate and regulate parking of aircraft, automobiles or other vehicles in a safe manner.

 

3)         Provide and designate by readily discernible markings, landing strips or runways and taxiing space for landings and takeoffs, and aircraft movement on the ground during the course of the event.  Landing strips or runways and taxiing space must be kept clear of persons, vehicles, animals and aircraft on the ground that are not taking off, landing or taxiing.  In the event that any landing strip or runway, and any taxiing space, shall be approximately parallel, there shall be a clear minimum distance of 100 feet between their adjacent edges.  Participating aircraft shall not be permitted to park closer than 100 feet to the edge-designating marker of a landing strip or runway used or designated for that use during the course of the event.

 

b)         It shall be the responsibility of the pilot of each aircraft participating in a fly-in event to look for and abide by:

 

1)         any restrictions displayed;

 

2)         "Closed Runway" X markers; and

 

3)         all taxiing and parking directions.

 

(Source:  Amended at 38 Ill. Reg. 20064, effective October 2, 2014)

 

Section 14.770 Restrictions on Use

 

For restrictions on use see Section 14.Appendix F, Table A.

SUBPART H: HELIPORTS/VERTIPORTS

 

Section 14.800 Heliport/Vertiport Classification

 

Heliports and Vertiports shall be classified as public-use or private-use.  They may be designated as a Hospital Heliport, Helistop, Heliport, Vertiport or Vertistop.  For purposes of this Subpart H, the word "heliport" includes vertiports, vertistops and helistops.  The minimum standards for the establishment, management or operation of heliports shall be in accordance with this Subpart H, including the minimum dimensional standards shown in Section 14.Appendix G, Illustrations A, B and C and Section 14.Appendix H, Table A.

 

Section 14.810 Application for Certificate of Approval

 

a)         New Heliports.  The Division will issue a Certificate of Approval for a heliport in accordance with Section 14.115, and, taking into consideration:

 

1)         the heliport’s proposed location;

 

2)         the heliport’s size and layout;

 

3)         the relationship of the proposed heliport to the then current State and Federal Airport and Airways System;

 

4)         whether there are safe areas available for expansion purposes;

 

5)         whether the adjoining areas are free from obstructions based on a

proper glide ratio;

 

6)         the nature of the terrain;

 

7)         the nature of the uses to which the proposed heliport will be put;

 

8)         the possibilities for future development; and

 

9)         the minimum standards contained in this Subpart H, including Section

14.Appendix G, Illustrations A, B and C and Section 14.Appendix H, Table A.  (See Section 48 of the Act.)

 

b)         Transfer of Certificate.  The Division will issue a new Certificate of Approval for the transfer of a heliport in accordance with Section 14.120(a). 

 

c)         Modification of Certificate of Approval.  The Division will issue a new Certificate of Approval after completion of a heliport extension or alteration that requires a modification to the Certificate of Approval in accordance with Section 14.120(b).  For purposes of this Section the phrase, "extension or alteration" shall include the following: 

 

1)         physical relocation of the FATO by more than 100' laterally or 25' vertically from the original certificated location;

 

2)         change in any approach/takeoff path by more than 30 degrees; or

 

3)         construction of one or more additional FATOs or TLOFs.  (See Section 47 of the Act.)

 

Section 14.820 Design and Layout Requirements

 

Every heliport is required to have two defined approach/takeoff paths a minimum of 90° apart.  Minimum heliport design and layout requirements shall be in accordance with the standards and limitations shown in Section 14.Appendix G, Illustrations A, B and C, and described in Section 14.Appendix H, Table A.

 

Section 14.830 Obstructions

 

Minimum heliport obstruction clearance standards shall be in accordance with Section 14.Appendix G, Illustration D.  In order to be eligible for a Certificate of Approval under this Part, a heliport must initially and continually be free of obstructions (e.g., power poles, trees, fencing, etc.) on all approach/takeoff paths within the glide ratio and height limitations shown in Section 14.Appendix G, Illustration D.

 

Section 14.840 Heliport Marking

 

Every heliport shall be marked so that the usable landing area is clearly defined as observed from an altitude of 500’ AGL, in accordance with Section 14.Appendix G, Illustrations E, F and G.

 

Section 14.850 Facilities

 

Every heliport shall provide at least the minimum facilities as prescribed in Section 14.Appendix H, Table B.

 

Section 14.860  Responsibility of a Public-Use Heliport Certificate Holder

 

The holder of a Certificate of Approval for a public-use heliport, or his or her authorized agent, has the responsibility to enforce applicable federal, State, and local aeronautical laws, and this Part.  In addition to maintaining the terms and conditions outlined in the Certificate of Approval and its supporting Order, the Certificate Holder or agent must:

 

a)         Immediately designate any condition that may render an aircraft landing or takeoff hazardous by displaying prominently a contrasting "X" over the FATO/TLOF, that is visible from a minimum of 500' AGL, and notify the appropriate FAA-FSS.

 

b)         Supervise or cause the supervision of all aeronautical activity in connection with, and in conformity with, the limitations prescribed in this Subpart H for a heliport.

 

c)         Have authorized personnel in attendance at the heliport at all times during published business hours (excluding helistops).  In the event that it is impractical to comply with the foregoing, the Certificate Holder or agent shall post a prominent notice of the existing situation and provide a telephone number for assistance.

 

d)         Ensure that the heliport has a phone number by which Division personnel can reach the Certificate Holder or his or her agent.  In the event that the Certificate Holder or agent is not available at the heliport number, an answering device at the heliport number shall provide a message identifying a reliable secondary number where the Certificate Holder or agent can be reached.  It is mandatory that any change in Certificate Holder/agent address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.

 

e)         Prescribe local heliport rules that will be reviewed and approved, prior to their adoption, by the Division.

 

f)         Develop and follow, on the property subject to his or her control, operational maintenance and repair practices, that will ensure that the landing area and approaches are free from hazards to the operation of aircraft.

 

g)         Furnish the Division, upon request, information concerning aircraft using the heliport as an operating base, persons exercising managerial or supervisory functions at the heliport, accidents, and the nature and extent of aeronautical activity occurring at the heliport.

 

h)         Obliterate all signs and markings that might indicate that the heliport is still operating, prior to the Division issuing an Order closing the heliport, in accordance with Section 14.120(c).

 

(Source:  Amended at 42 Ill. Reg. 7104, effective March 30, 2018)

 

Section 14.870  Responsibility of a Private-Use Heliport, Restricted Landing Area Heliport, and Hospital Heliport Certificate Holder

 

The holder of a Certificate of Approval for a private-use heliport, restricted landing area heliport, or hospital heliport, or his or her authorized agent, has the responsibility to enforce applicable federal, State, and local aeronautical laws, and this Part.  In addition to maintaining the terms and conditions outlined in the Certificate of Approval and its supporting Order, the Certificate Holder or agent must:

 

a)         Immediately designate any condition that may render an aircraft landing or takeoff hazardous by displaying prominently a contrasting "X" over the FATO/TLOF that is visible from a minimum of 500' AGL.

 

b)         Supervise or cause the supervision of all aeronautical activity in connection with the heliport in the interest of safety.

 

c)         Ensure that the heliport has a phone number by which Division personnel can reach the Certificate Holder or his or her agent.  In the event that the Certificate Holder or agent is not available at the heliport number, an answering device at the heliport number shall provide a message identifying a reliable secondary number where the Certificate Holder or agent can be reached.  It is mandatory that any change in Certificate Holder/agent address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.

 

d)         Prescribe local heliport rules that will be reviewed and approved, prior to their adoption, by the Division.

 

e)         Develop and follow, on the property subject to his or her control, operational maintenance and repair practices that will ensure that the heliport and approaches are free from hazards to the operation of aircraft.

 

f)         Furnish the Division, upon request, with information concerning aircraft using the heliport as an operating base, persons exercising managerial or supervisory functions at the heliport, accidents, and the nature and extent of aeronautical activity occurring at the heliport.

 

g)         Obliterate all signs and markings that might indicate that the heliport is still operating, prior to the Division issuing an Order closing the heliport, in accordance with Section 14.120(c).

 

(Source:  Amended at 42 Ill. Reg. 7104, effective March 30, 2018)

 

Section 14.880 Restrictions on Use

 

For restrictions on use see Section 14.Appendix H, Table C.

SUBPART I: SPECIAL PURPOSE AIRCRAFT

 

Section 14.900  Special Purpose Aircraft Designation

 

The following aircraft are designated as Special Purpose Aircraft:

 

a)         Seaplanes, non-conventional type of aircraft such as lighter-than-air aircraft, or manned balloons.

 

b)         Sailplanes, gliders, and other powerless, heavier-than-air aircraft.

 

c)         Agricultural aircraft during the time they are being used solely for agricultural aerial applications.

 

d)         Helicopters/VTOL Aircraft.

 

e)         Powered parachutes that are registered with the FAA.

 

f)         Any other aircraft as designated by the Division.

 

(Source:  Amended at 42 Ill. Reg. 7104, effective March 30, 2018)

 

Section 14.910 Registration of Special Purpose Aircraft

 

a)         It shall be unlawful for any person to operate an aircraft designated as a Special Purpose Aircraft, under Section 14.900, to or from an uncertificated area in the state of Illinois, without first receiving a Certificate of Registration as a Special Purpose Aircraft from the Division.  Application shall be made on forms prescribed by the Division, and shall include the name of the owner of the certificated area to be used for the Special Purpose Aircraft.  Additionally, any other supporting information and documentation, as may be required from time to time by the Division for the registration of a Special Purpose Aircraft under Section 14.900, shall be submitted to the Division with the application.  No aircraft shall be considered a Special Purpose Aircraft until the Division has issued a Certificate of Registration to the owner of the aircraft.  The Certificate of Registration shall be carried in the Special Purpose Aircraft at all times while it is being operated in the State of Illinois as a Special Purpose Aircraft.  (See Section 47 of the Act.)

 

b)         The certificate of registration is non-transferable either as to the applicant or the aircraft and authorizes only those uses proposed in the application.  The certificate shall be valid for as long as the applicant owns the aircraft identified in the application, provided the aircraft’s Federal Aircraft Certificate is properly registered annually with the State of Illinois in accordance with Subpart B.

 

Section 14.920 Exemption from Registration

 

Aircraft designated as Special Purpose Aircraft under the provisions of Section 14.900, that are owned by non-residents and based outside the State of Illinois, are exempt from the Special Purpose Aircraft registration requirements provided the aircraft complies with all other applicable Sections of this Subpart I, except Section 14.930.

 

Section 14.930 Compliance with Aircraft Registration

 

Regardless of any other provisions in this Subpart I, no aircraft shall be designated as a Special Purpose Aircraft unless the aircraft is properly registered with the Division, in accordance with Subpart B, as required by the Act.  (See Section 43 of the Act.)

 

Section 14.940 Liability

 

The pilot-in-command and/or owner of a Special Purpose Aircraft, operating to or from an uncertificated area shall be responsible for, and by so operating shall assume, the responsibility for any liability that may arise out of these operations.  This Part shall not be interpreted as, nor does it give the pilot-in-command of the aircraft the right to trespass upon the property of another.  The foregoing does not relieve a property owner from liability to invitees for damage arising from defects for which they have actual or constructive knowledge.

 

Section 14.950  Special Purpose Aircraft Operations

 

a)         Gliders/Sailplanes.  Gliders/Sailplanes may utilize an uncertificated area for landings, but are expressly prohibited from taking off from an uncertificated area.

 

b)         Balloons and Powered Parachutes.  Manned balloons, other lighter-than-air aircraft, and powered parachutes properly registered with the Division may operate within the State of Illinois from uncertificated areas provided:

 

1)         the pilot-in-command and/or the owner adheres to all of the requirements contained in this Part; and 

 

2)         the powered parachutes, balloons, and their pilots and/or owners comply with all of the requirements of 14 CFR 91 (January 1, 2017) applicable to special purpose aircraft flight and/or operations.  No later editions of or amendments to 14 CFR 91 are incorporated.

 

c)         Helicopters/VTOL Aircraft.  A helicopter cannot conduct more than 50 operations (takeoffs or landings) in a period of three consecutive months or 100 operations in a period of one year from the same uncertificated area.  The same uncertificated area shall not be used for more than one year.  An uncertificated area is defined as any location within a 2000' radius of the first point of landing.

 

(Source:  Amended at 42 Ill. Reg. 7104, effective March 30, 2018)

 

Section 14.960 Saving Clause

 

The registration of an aircraft as a Special Purpose Aircraft and any other provisions contained in this Part shall in no way nullify any state laws that presently prohibit the landing or takeoff of aircraft from any public highway.  These restrictions shall apply to aircraft registered as Special Purpose Aircraft, except aircraft owned or operated by the United States government, the state of Illinois and political subdivisions, and aircraft being used for medical emergencies.  This Subpart I is not intended to interfere with any city, village or county ordinances.

SUBPART J: ULTRALIGHTS AND ULTRALIGHT TRAINERS

 

Section 14.1000 Registration for Ultralights and Ultralight Trainers

 

Registration of Ultralights and Ultralight Trainers (and pilots of such aircraft) with the Division is encouraged but not required.

 

Section 14.1010 Liability

 

The pilot-in-command and/or owner of an ultralight aircraft, operating to or from an uncertificated area shall be responsible for, and by so operating shall assume, the responsibility for any liability that may arise out of these operations.  This Part shall not be interpreted as, nor does it give the pilot-in-command of the aircraft the right to trespass upon the property of another.  The foregoing does not relieve a property owner from liability to invitees for damage arising from defects for which they have actual or constructive knowledge.

 

Section 14.1020 Ultralight/Ultralight Trainer Operations

 

a)         Ultralights.  Ultralight aircraft may operate from all certificated airports in Illinois subject to the rules and/or ordinances prohibiting such operation as adopted by the airport owner.  The landing and takeoff of Ultralights will be permitted in uncertificated areas anywhere except the following:

 

1)         within four nautical miles of any airport;

 

2)         within two nautical miles of a RLA; or

 

3)         within one nautical mile of a heliport; unless, a Certificate of Approval has been issued.  The flight over any congested area of a city, town or settlement, or over any open-air assembly of persons is prohibited.

 

b)         Ultralight Trainers.  The landing and takeoff of Ultralight Trainers shall be limited to airports approved for flight instruction by the Division.  The flight of Ultralight Trainers over any congested area of a city, town or settlement, or over any open-air assembly of persons is prohibited.

 

Section 14.1030 Saving Clause

 

The designation of aircraft as Ultralights or Ultralight Trainers, and any other provisions contained in this Subpart J, shall in no way nullify any state laws that presently prohibit the landing or takeoff of Ultralights or Ultralight Trainers from any public highway.  These restrictions shall apply to aircraft designated as Ultralights or Ultralight Trainers, except those Ultralights or Ultralight Trainers owned or operated by the United States government, the state of Illinois and political subdivisions, and Ultralights or Ultralight Trainers being used for medical emergencies.  This Part shall not be interpreted nor is it intended to interfere with any city, village or county ordinances that may restrict the uncertificated area from which an Ultralight or Ultralight Trainer may takeoff and/or land within the jurisdiction of the local governmental agency.

SUBPART K: PRACTICE AND PROCEDURE