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CHAPTER 360. AIRPORTS AND AERONAUTICS

Table of Sections
SectionHeadnote

ADMINISTRATION

360.011DECLARATION OF PURPOSE.
360.012SOVEREIGNTY; LIABILITY; EFFECT OF OTHER LAW.
360.013DEFINITIONS.
360.014
360.015COMMISSIONER; POWERS AND DUTIES.
360.0151AIR SERVICE MARKETING PROGRAM.
360.016FEDERAL AID.
360.0161APPLICATION FOR FEDERAL AID; COMMISSIONER AS AGENT.
360.017STATE AIRPORTS FUND.
360.018REGULATING AIRCRAFT, AIRMEN, AIRPORTS, INSTRUCTORS.
360.019ORDER OF COMMISSIONER; REVIEW.
360.021STATE AIRPORT.
360.0215SERVICE OF PROCESS; LONG-ARM STATUTE; FEE.
360.0216AIRCRAFT OPERATOR DEEMED OWNER'S AGENT.
360.022MISDEMEANOR.
360.023TRANSFER OF AIR NAVIGATION FACILITY.
360.024AIR TRANSPORTATION SERVICE CHARGE.
360.025Repealed, 1959 c 387 s 14

ESTABLISHING AIRPORTS

360.031DEFINITION OF MUNICIPALITY.
360.032MUNICIPALITY MAY ACQUIRE AIRPORT.
360.033SOVEREIGN RIGHTS.
360.034PRIOR ACQUISITION OF PROPERTY VALIDATED.
360.035EXEMPTION FROM TAXATION.
360.036FINANCING AIRPORT AND IMPROVEMENTS.
360.037GENERAL POWER TO TAX; REVENUE PRIORITIES.
360.038SPECIFIC POWERS OF MUNICIPALITY.
360.039FEDERAL AID.
360.041AIRPORT ON WATER AND RECLAIMED LAND.
360.042JOINT OPERATION; JOINT POWERS BOARD.
360.043ASSISTANCE TO OTHER MUNICIPALITY.
360.044COUNTY AUTHORITY.
360.045JURISDICTION EXCLUSIVE.
360.046REQUIREMENTS FOR CLOSURE OF MUNICIPAL AIRPORT.

AIRPORT ZONING

360.061DEFINITIONS.
360.062AIRPORT HAZARD PREVENTION; PROTECTING EXISTING NEIGHBORHOOD.
360.063AIRPORT ZONING; AUTHORITY, PROCEDURE.
360.064AIRPORT ZONING; COMPREHENSIVE ORDINANCE, CONFLICT.
360.065AIRPORT ZONING; ADOPTION AND APPROVAL OF PROPOSED REGULATIONS.
360.066AIRPORT ZONING; MINIMUM STANDARDS, LAND USES.
360.067AIRPORT ZONING PERMIT, VARIANCE; ADMINISTRATIVE AGENT.
360.068APPEAL OF AIRPORT ZONING DECISION.
360.069AIRPORT ZONING ADMINISTRATION.
360.071BOARD OF ADJUSTMENT.
360.072JUDICIAL REVIEW.
360.073VIOLATIONS, PENALTIES, AND REMEDIES.
360.074ACQUISITION OF AIR RIGHTS.

AIRCRAFT USE VIOLATIONS

360.075VIOLATIONS, PENALTIES.
360.0751Repealed, 1990 c 602 art 6 s 6
360.0752AIRCRAFT OPERATOR UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE.
360.0753TESTING PROCEDURES.
360.076CITATION, AERONAUTICS CODE.
360.101Repealed, 1975 c 13 s 147
360.102
360.103Repealed, 1975 c 13 s 147
360.104
360.105
360.106Repealed, 1975 c 13 s 147
360.107Repealed, 1975 c 13 s 147
360.1071Repealed, 1975 c 13 s 147
360.108Repealed, 1975 c 13 s 147
360.109Repealed, 1975 c 13 s 147
360.111Repealed, 1975 c 13 s 147
360.112Repealed, 1975 c 13 s 147
360.113
360.114Repealed, 1975 c 13 s 147
360.115Repealed, 1975 c 13 s 147
360.116Repealed, 1975 c 13 s 147
360.1161Repealed, 1975 c 13 s 147
360.117Repealed, 1975 c 13 s 147
360.118Repealed, 1975 c 13 s 147
360.119Repealed, 1974 c 455 s 34
360.1191Repealed, 1975 c 13 s 147
360.121Repealed, 1975 c 13 s 147
360.122Repealed, 1975 c 13 s 147
360.123Repealed, 1975 c 13 s 147
360.124Repealed, 1975 c 13 s 147
360.125Repealed, 1975 c 13 s 147
360.126Repealed, 1975 c 13 s 147
360.127Repealed, 1975 c 13 s 147
360.128Repealed, 1975 c 13 s 147
360.129Repealed, 1975 c 13 s 147
360.131Repealed, 1975 c 13 s 147
360.132Repealed, 1975 c 13 s 147
360.133
360.135Repealed, 1975 c 13 s 147
360.141Repealed, 1975 c 13 s 147
360.142Repealed, 1975 c 13 s 147
360.143Repealed, 1975 c 13 s 147
360.144Repealed, 1975 c 13 s 147

RECIPROCITY

360.201ACQUISITION BY MUNICIPALITY IN ADJOINING STATE.
360.202RIGHTS SAME AS MINNESOTA MUNICIPALITY.
360.203RECIPROCAL PROVISIONS.

MINNESOTA AERONAUTICS BONDS

360.301Repealed, 1Sp1985 c 13 s 376 subd 1
360.302Repealed, 1Sp1985 c 13 s 376 subd 1
360.303Repealed, 1980 c 607 art 14 s 48
360.304Repealed, 1Sp1985 c 13 s 376 subd 1
360.305EXPENDITURES FOR AIRPORTS AND NAVIGATION.
360.306Repealed, 1Sp1985 c 13 s 376 subd 1
360.311Repealed, 1963 c 791 s 10
360.321Repealed, 1963 c 791 s 10
360.331Repealed, 1963 c 791 s 10
360.34Obsolete
360.341Repealed, 1963 c 791 s 10
360.351Repealed, 1963 c 791 s 10
360.361Obsolete
360.371Expired
360.381Expired
360.382Expired
360.383Expired
360.384Expired
360.385Expired
360.386Expired
360.3861Expired
360.387Repealed, 1963 c 791 s 10
360.388Repealed, 1Sp1985 c 13 s 376 subd 1
360.389Repealed, 1Sp1985 c 13 s 376 subd 1

AIRCRAFT REGISTRATION AND TAXATION

360.511DEFINITIONS.
360.521AIRCRAFT TAX LIMITATION AND ELECTION.
360.531TAXATION.
360.532NONRESIDENT COMMERCIAL OPERATION SUBJECT TO TAX.
360.54PRESUMPTION THAT AIRCRAFT SUBJECT TO TAX.
360.55EXEMPTIONS.
360.56Repealed, 1957 c 218 s 1
360.57FILING SWORN STATEMENT BY MANUFACTURER.
360.58OPERATION WITHOUT REGISTRATION OR PAYMENT.
360.59AIRCRAFT REGISTRATION AND LISTING FOR TAXATION.
360.595TAXES PAID BEFORE REGISTRATION AND LICENSING; RULES.
360.60REGISTRATION REQUIRED; EXEMPTION; MISDEMEANOR.
360.61DUE DATE OF TAX; PENALTIES AND FEES.
360.62TAX REFUND.
360.63DEALER'S LICENSE.
360.64AIRCRAFT TAX LIEN; REMEDIES, PROSECUTION.
360.65Repealed, 1955 c 113 s 11
360.651MANUFACTURER, LISTING OF AIRCRAFT.
360.653AIRCRAFT REGISTRATION AND TAX EXEMPTIONS.
360.654AIRCRAFT DEALER'S COMMERCIAL USE PERMIT.
360.66STATE AIRPORTS FUND.
360.67VIOLATIONS AND PENALTIES.

JOINTLY OWNED AIRPORTS

360.68AIRPORT JOINTLY OWNED; REVENUE CERTIFICATES.
360.69INSURANCE.
360.70RENTALS AND EARNINGS.
360.71REVENUE CERTIFICATE TERMS.
360.72REFUND CERTIFICATE.
360.73AUTHORITY SUPERSEDES CONTRARY LAW.
360.74Repealed, 1975 c 13 s 147
360.75Repealed, 1975 c 13 s 147
360.76Repealed, 1975 c 13 s 147
360.77Repealed, 1975 c 13 s 147
360.78Repealed, 1975 c 13 s 147
360.79Repealed, 1975 c 13 s 147
360.80Repealed, 1975 c 13 s 147

REGULATION OF STRUCTURE HEIGHTS

360.81PURPOSE: SAFE FLIGHT.
360.82DEFINITIONS.
360.83PERMIT, NECESSITY.
360.84HEIGHT LIMITATIONS; EXCEPTIONS.
360.85INTEREST OF APPLICANT FOR PERMIT.
360.86VISUAL OR AURAL IDENTIFICATION.
360.87INVESTIGATION, DETERMINATION, NOTICE, AND HEARING.
360.88FAILURE TO FILE FOR PERMIT; COMMISSIONER'S ACTION.
360.89ENFORCEMENT.
360.90STRUCTURE HEIGHT RULES; FORMS.
360.91MISDEMEANOR.

INSURANCE

360.92LIABILITY INSURANCE REQUIRED; MISDEMEANOR.
360.93MINIMAL INSURANCE COVERAGE REQUIRED; MISDEMEANOR.

ADMINISTRATION

360.011 DECLARATION OF PURPOSE.
It is hereby declared that the purpose of sections 360.011 to 360.076 is to further the public
interest and aeronautical progress by providing for the protection and promotion of safety in
aeronautics; by cooperating in effecting a uniformity of the laws relating to the development
and regulation of aeronautics in the several states; by revising existing statutes relative to the
development and regulation of aeronautics so as to grant to a state agency such powers and
impose upon it such duties that the state may properly perform its functions relative to aeronautics
and effectively exercise its jurisdiction over persons and property within such jurisdiction, may
assist in the promotion of a statewide system of airports, may cooperate with and assist the
political subdivisions of this state and others engaged in aeronautics, and may encourage and
develop aeronautics; by establishing uniform rules, consistent with federal regulations and those
of other states, in order that those engaged in aeronautics of every character may so engage with
the least possible restriction, consistent with the safety and the rights of others; and by providing
for cooperation with the federal authorities in the development of a national system of civil
aviation and for coordination of the aeronautical activities of those authorities and the authorities
of this state by assisting in accomplishing the purposes of federal legislation and eliminating
costly and unnecessary duplication of functions properly in the province of federal agencies.
History: 1945 c 303 s 2; 1978 c 674 s 58; 1985 c 248 s 70
360.012 SOVEREIGNTY; LIABILITY; EFFECT OF OTHER LAW.
    Subdivision 1. State. Sovereignty in the space above the lands and waters of this state is
declared to rest in the state, except where granted to and assumed by the United States pursuant to
a constitutional grant from the people of this state.
    Subd. 2. Landowner. The ownership of the space above the lands and waters of this state is
declared to be vested in the several owners of the surface beneath, subject to the right of flight
described in subdivision 3.
    Subd. 3. Lawful flight, generally. Flight in aircraft over the lands and water of this state
is lawful, unless at such low altitude as to interfere with the then-existing use to which the land
or water, or the space above the land or water, is put by the owner, or unless so conducted as
to be imminently dangerous or damaging to persons or property lawfully in the land or water
beneath. The landing of an aircraft on the lands or waters of another, without the other's consent
is unlawful, except in the case of a forced landing. For damages caused by the forced landing,
however, the owner or lessee of the aircraft or the pilot shall be liable as provided in subdivision 4.
    Subd. 4. Liability for injury to person or property. The owner of every aircraft which is
operated over the lands or waters of this state is absolutely liable for injury or damage to persons
or property on the land or water beneath, caused by the ascent, descent, or flight of the aircraft, or
the dropping or falling of any object therefrom, whether such owner was negligent or not, unless
the injury or damage is caused in whole or in part by the negligence of the person injured, or of
the owner or bailee of the property damaged. If the aircraft is leased at the time of the injury or
damage to person or property, both the owner and lessee shall be liable, and they may be sued
jointly, or either or both of them may be sued separately. A pilot who is not the owner or lessee
shall be liable only for the consequences of the pilot's own negligence. The injured person, or
owner or bailee of the damaged property, shall have a lien on the aircraft causing the injury or
damage to the extent of such injury or damage caused by the aircraft or objects falling from it.
    Subd. 5. Liability for collision. The liability of the owner of one aircraft to the owner
of another aircraft, or to pilots or passengers or other persons on either aircraft, for damages
caused by collision on land or in the air shall be determined by the rules of law applicable
to torts occurring on land.
    Subd. 6. Application of state laws. All crimes, torts, and other wrongs committed by or
against a pilot, passenger, or other person while in flight over this state shall be governed by the
laws of this state; and the question whether damage occasioned by or to an aircraft while in flight
over this state constitutes a tort, crime, or other wrong by or against the owner of such aircraft
shall be determined by the laws of this state.
    Subd. 7. Legal effects. All contractual and other legal relations entered into by pilots,
passengers, or other persons while in flight over this state shall have the same effect as if entered
into on the land or water beneath.
History: 1943 c 653 s 20; 1986 c 444
360.013 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of laws of this state relating to aeronautics, the
following words, terms, and phrases shall have the meanings herein given unless otherwise
specifically defined, or unless another intention clearly appears, or the context otherwise requires.
    Subd. 2.[Renumbered subd 31]
    Subd. 3.[Renumbered subd 37]
    Subd. 4.[Renumbered subds 44,54]
    Subd. 5.[Renumbered subd 39]
    Subd. 6.[Renumbered subd 57]
    Subd. 7.[Renumbered subds 46,47,58]
    Subd. 8.[Renumbered subd 53]
    Subd. 9.[Renumbered subd 34]
    Subd. 10.[Renumbered subd 52]
    Subd. 11.[Renumbered subd 45]
    Subd. 12.[Renumbered subd 38]
    Subd. 13.[Renumbered subd 35]
    Subd. 14.[Renumbered subd 59]
    Subd. 15.[Renumbered subd 51]
    Subd. 16.[Renumbered subd 33]
    Subd. 17.[Renumbered subd 36]
    Subd. 18.[Renumbered subd 48]
    Subd. 19.[Renumbered subd 32]
    Subd. 20.[Renumbered subd 50]
    Subd. 21.[Renumbered subd 49]
    Subd. 22.[Renumbered subd 40]
    Subd. 23.[Renumbered subd 56]
    Subd. 24.[Renumbered subd 42]
    Subd. 25.[Renumbered subd 60]
    Subd. 26.[Renumbered subd 61]
    Subd. 27. Administrative agency. "Administrative agency" means either a governing body
of a municipality or an administrative agency under its jurisdiction to which any powers have
been delegated by such governing body.
    Subd. 28.[Renumbered subd 41]
    Subd. 29.[Renumbered subd 55]
    Subd. 30.[Renumbered subd 43]
    Subd. 31. Aeronautics. "Aeronautics" means transportation by aircraft; the operation,
construction, repair, or maintenance of aircraft, aircraft power plants, and accessories; the design,
establishment, construction, extension, operation, improvement, repair, or maintenance of
airports, restricted landing areas, or other air navigation facilities, and air instruction.
    Subd. 32. Aeronautics instructor. "Aeronautics instructor" means any individual engaged
in giving instruction, or offering to give instruction, in aeronautics, either in flying or ground
subjects, or both, for hire or reward, without advertising such occupation, without calling
facilities an "air school," or anything equivalent thereto, and without employing or using other
instructors. It does not include any instructor in any public school of this state, the University of
Minnesota, or in any institution of higher learning accredited by the North Central Association of
Colleges and Secondary Schools and approved for carrying on collegiate work, while engaged
in duties as such instructor.
    Subd. 33. Air instruction. "Air instruction" means the imparting of aeronautical information
by any aeronautics instructor or in or by any air school or flying club.
    Subd. 34. Air navigation. "Air navigation" means the operation or navigation of aircraft in
the air space over this state, or upon any airport or restricted landing area within this state.
    Subd. 35. Air navigation facility. "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, restricted landing areas, and any structures, mechanisms,
lights, beacons, marks, communicating systems, electronic device, or other instrumentalities
or devices used or useful as an aid, or constituting an advantage or convenience, to the safe
taking-off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance
of an airport or restricted landing area, and any combination of any or all of such facilities.
    Subd. 36. Air school. "Air school" means any person engaged in giving, or offering to
give, instruction in aeronautics, either in flying or ground subjects, or both, for or without
hire or reward, and advertising, representing, or holding out as giving or offering to give such
instructions. It does not include any public school, the University of Minnesota, or any institution
of higher learning accredited by the North Central Association of Colleges and Secondary Schools
and approved by it for carrying on collegiate work.
    Subd. 37. Aircraft. "Aircraft" means any contrivance now known or hereafter invented,
used, or designed for navigation of or flight in the air, but excluding parachutes.
    Subd. 38. Airman. "Airman" means any individual who engages, as the person in command,
or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way
and (excepting individuals employed outside the United States, any individual employed by a
manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector
or mechanic in connection therewith, and any individual performing inspection or mechanical
duties in connection with aircraft owned or operated by that individual) any individual who is
directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines,
propellers, or appliances; and any individual who serves in the capacity of aircraft dispatcher
or air-traffic control tower operator.
     Subd. 39. Airport. "Airport" means any area of land or water, except a restricted landing
area, which is designed for the landing and takeoff of aircraft, whether or not facilities are
provided for the shelter, surfacing, or repair of aircraft, or for receiving or discharging passengers
or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities,
and all appurtenant rights-of-way, whether heretofore or hereafter established. The operation and
maintenance of airports is an essential public service.
    Subd. 40. Airport hazard. "Airport hazard" means any structure, object of natural growth,
or use of land, which obstructs the air space required for the flight of aircraft in landing or taking
off at any airport or restricted landing area or is otherwise hazardous to such landing or taking off.
    Subd. 41. Airport hazard area. "Airport hazard area" means any area of land or water upon
which an airport hazard might be established if not prevented as provided in this chapter.
    Subd. 42. Airport protection privileges. "Airport protection privileges" means easements
through or other interest in air space over land or water, interest in airport hazards outside the
boundaries of airports or restricted landing areas, and other protection privileges, the acquisition
or control of which is necessary to insure safe approaches to the landing areas of airports and
restricted landing areas and the safe and efficient operation thereof.
    Subd. 43. Airport purposes. "Airport purposes" means and includes airport, restricted
landing area, and other air navigation facility purposes.
    Subd. 44. Civil aircraft. "Civil aircraft" means any aircraft other than a public aircraft.
    Subd. 45. Commercial operations. "Commercial operations" means any operations of an
aircraft for compensation or hire; or any services performed incidental to the operation of any
aircraft for which a fee is charged or compensation received; including, but not limited to, the
servicing, maintaining, and repairing of aircraft, the rental or charter of aircraft, the operation of
flight or ground schools, the operation of aircraft for the application or distribution of chemicals
or other substances, aerial photography and surveys, air shows or expositions, and the operation
of aircraft for fishing. "Commercial operations" also means brokering or selling of any of the
aforesaid services but do not include any operations of aircraft as common carriers certificated
(certified) by the federal government or the services incidental thereto.
    Subd. 46. Commissioner. "Commissioner" means the commissioner of transportation of the
state of Minnesota.
    Subd. 47. Department. "Department" means the Minnesota Department of Transportation.
    Subd. 48. Flying club. "Flying club" means any person other than an individual, which,
neither for profit nor reward, owns, leases, or uses one or more aircraft for the purpose of
instruction or pleasure, or both.
    Subd. 49. Governing body. "Governing body" means the council, board of trustees, board
of commissioners, board of supervisors, or other body, board, commission, or other authority
charged with governing any municipality, and in municipalities in which the board of park
commissioners or other body in charge of the park system of the municipality controls airports
owned by the municipality includes such board or other body.
    Subd. 50. Municipality. "Municipality" means a city of any class, including a city organized
under a charter framed pursuant to the Constitution of the state of Minnesota, article 4, section 36,
article XI, section 4, or article XII, section 5, a county, a town, or a statutory city in this state, the
regents of the University of Minnesota, and any other political subdivision, public corporation,
authority, or district in this state which is or may be authorized by law to acquire, establish,
construct, maintain, improve, and operate airports and other air navigation facilities.
    Subd. 51. Navigable air space. "Navigable air space" means air space above the minimum
altitudes of flight prescribed by the laws of this state or by rules of the commissioner consistent
therewith.
    Subd. 52. Operation of aircraft; operate aircraft. "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 the operation 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 within the meaning of the
statutes of this state.
    Subd. 53. Person. "Person" means any individual, firm, partnership, corporation, company,
association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or
other similar representative thereof.
    Subd. 54. Public aircraft. "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-owned aircraft engaged in carrying persons or property for commercial purposes.
    Subd. 55. Public utility class. When used in this chapter with reference to an airport, the
term "public utility class" means available to the general public for private flying or otherwise as a
point of arrival or departure by air.
    Subd. 56. Publicly owned. An airport, restricted landing area, or other air navigation facility
is "publicly owned" if owned by the state or a municipality.
    Subd. 57. Restricted landing area. "Restricted landing area" means any area of land, water,
or both, which is used or is made available for the landing and takeoff of aircraft, the use of which
shall, except in case of emergency, be only as provided from time to time by the commissioner.
    Subd. 58. State or this state. "State" or "this state" means the state of Minnesota.
    Subd. 59. State airway. "State airway" means a route in the navigable air space over and
above the lands or water of this state, designated by the commissioner as a route suitable for
air navigation.
    Subd. 60. Structure. "Structure" means any object constructed or installed, including, but
without limitation, buildings, towers, smokestacks, and overhead transmission lines.
    Subd. 61. Tree. "Tree" means any object of natural growth.
History: 1943 c 653 s 1; 1945 c 303 s 1; 1947 c 363 s 1; 1953 c 738 s 1,2; 1973 c 123 art 5 s
7; 1974 c 193 s 1-3; 1976 c 166 s 7; 1980 c 488 s 1-3; 1985 c 248 s 70; 1986 c 444; 1991 c 350
art 1 s 20; 1997 c 7 art 4 s 1; 2006 c 261 s 1; 2007 c 138 s 13
360.014    Subdivision 1.[Repealed, 1976 c 166 s 119]
    Subd. 2.[Repealed, 1976 c 166 s 119]
    Subd. 3.[Repealed, 1976 c 166 s 119]
    Subd. 4.[Repealed, 1976 c 166 s 119]
    Subd. 5.[Repealed, 1976 c 166 s 119]
    Subd. 6.[Repealed, 1957 c 146 s 4]
    Subd. 7.[Repealed, 1976 c 166 s 119]
    Subd. 8.[Repealed, 1976 c 166 s 119]
    Subd. 9.[Repealed, 1976 c 166 s 119]
360.015 COMMISSIONER; POWERS AND DUTIES.
    Subdivision 1. General supervision. The commissioner shall have general supervision over
aeronautics within this state. The commissioner is empowered and directed to encourage, foster,
and assist in the development of aeronautics in this state and to encourage the establishment
of airports and other air navigation facilities.
    Subd. 2. Cooperation with federal and other agencies. (a) The commissioner shall
cooperate with and assist the federal government, the municipalities of this state, and others
engaged in aeronautics or the promotion of aeronautics and shall seek to coordinate the
aeronautical activities of these bodies. To this end, the commissioner is empowered to confer with
or to hold joint hearings with any federal aeronautical agency in connection with any matter
arising under sections 360.011 to 360.076, or relating to the sound development of aeronautics,
and to take advantage of the cooperation, services, records, and facilities of such federal agencies,
as fully as may be practicable, in the administration and enforcement of sections 360.011 to
360.076. The commissioner shall reciprocate by furnishing cooperation, services, records, and
facilities, insofar as may be practicable, to the federal agencies. The commissioner may also
contract for the presentation of educational and informational programs that promote safety
and interest in aeronautics.
(b) The commissioner shall report to the appropriate federal agency all accidents in
aeronautics in this state of which the commissioner is informed. The commissioner shall also
preserve, protect, and prevent the removal of the component parts of any aircraft involved in an
accident being investigated by the commissioner until a federal agency institutes an investigation.
The commissioner shall report the following to the appropriate federal agency:
(1) all refusals by the commissioner to register federal licenses, certificates, or permits;
(2) all revocations of certificates of registration, and the reasons therefor; and
(3) all penalties of which the commissioner has knowledge imposed upon airmen for
violations of the laws of this state relating to aeronautics or violations of the rules or orders
of the commissioner.
    Subd. 3. Rules. The commissioner may perform such acts, issue and amend such orders, and
make, promulgate, and amend such reasonable general or special rules and procedure and establish
such minimum standards, consistent with the provisions of sections 360.011 to 360.076, as the
commissioner shall deem necessary to carry out the provisions of sections 360.011 to 360.076, and
to perform duties thereunder: all commensurate with and for the purpose of protecting and insuring
the general public interest and safety, the safety of persons receiving instruction concerning, or
operating, using, or traveling in, aircraft, and of persons and property on land or water, and to
develop and promote aeronautics in this state. No rule of the commissioner shall apply to airports
or other air navigation facilities owned or controlled by the federal government within this state.
Whenever valid rules of the commissioner and rules and regulations of a municipality are
inconsistent, the rules of the commissioner shall control and the rules and regulations of the
municipality are void insofar as they are inconsistent with the rules of the commissioner. Nothing
herein contained shall be construed to limit the right of a metropolitan airports commission created
under Laws 1943, chapter 500, as amended, to make its own rules and regulations governing the
internal administrative operations of an airport owned or operated by it as distinguished from rules
governing flight and flight operations promulgated by the commissioner in the interests of safety.
    Subd. 4. Conformity with federal regulations. All rules adopted by the commissioner
under the authority of sections 360.011 to 360.076, shall be kept in conformity, as nearly as
may be, with the then-current federal legislation governing aeronautics and the regulations duly
promulgated thereunder and the rules and standards issued from time to time pursuant thereto.
    Subd. 5. Adoption of rules. Rules provided for under the authority of sections 360.011 to
360.076, shall be adopted in accordance with the procedures of the Administrative Procedure Act.
    Subd. 6. Changes to state airways system. The commissioner may designate, design, and
establish, expand, or modify a state airways system which will best serve the interests of the state.
The commissioner may chart such airways system and arrange for publication and distribution of
such maps and charts and notices and bulletins relating to such airways as may be required in the
public interest. The commissioner may make a charge for these sufficient to cover the cost of
printing or reproduction. The system shall be supplementary to and coordinated in design and
operation with the federal airways system. It may include all types of air navigation facilities
which conform to federal safety standards.
    Subd. 7. Technical services to municipality. The commissioner may, insofar as is
reasonably possible, offer the engineering or other technical services of the department, at
mutually agreed terms, to any municipality desiring them in connection with the planning,
acquisition, construction, maintenance, zoning, or operation or proposed planning, acquisition,
construction, maintenance, zoning, or operation of an airport or restricted landing area.
    Subd. 8. Legislation recommendations. The commissioner may draft and recommend
necessary legislation to advance the interests of the state in aeronautics and represent the state in
aeronautical matters before federal agencies and other state agencies.
    Subd. 9. Participation in legal proceeding. The commissioner may participate as party
plaintiff or defendant, or as intervenor, on behalf of the state or any municipality, or resident
thereof, in any controversy having to do with any claimed encroachment by the federal
government or any foreign state upon any state or individual rights pertaining to aeronautics.
    Subd. 10. Enforcement; police power; deputize airport manager. It shall be the duty
of the commissioner, the commissioner's assistant, and all employees of the Department of
Transportation and every state, county, and municipal officer charged with the enforcement
of state and municipal laws to enforce and assist in the enforcement of sections 360.011 to
360.076, and of all rules issued pursuant thereto, and of all other laws of this state relating to
aeronautics, and, in the aid of such enforcement, general police powers are hereby conferred upon
the commissioner, the commissioner's assistant, and such of the employees of the department as
may be designated by the commissioner to exercise such powers. The commissioner may also
deputize airports managers to enforce on the airports managed by them all rules issued pursuant
to the provisions of this section, and general police powers are hereby conferred upon such
airport managers for the purposes of such enforcement. The commissioner is further authorized,
in the name of this state, to enforce the provisions of sections 360.011 to 360.076, and the rules
issued pursuant thereto by injunction in the courts of this state. Municipalities are authorized to
cooperate with the commissioner in the development of aeronautics and aeronautics facilities
in this state. The commissioner may use the facilities and services of other agencies of the state
to the utmost extent possible, and such agencies are authorized and directed to make available
such facilities and services.
    Subd. 11. Investigation and hearing. The commissioner, the commissioner's assistant,
or any employee of the department designated by the commissioner shall have the power to
hold investigations, inquiries, and hearings concerning matters covered by the provisions of
sections 360.011 to 360.076, and orders and rules of the commissioner and concerning accidents
in aeronautics within this state. All hearings so conducted shall be open to the public. The
commissioner, the commissioner's assistant, and every employee of the department designated by
the commissioner to hold any inquiry, investigations, or hearing shall have power to administer
oaths and affirmations, certify to all official acts, issue subpoenas, and compel the attendance and
testimony of witnesses and the production of papers, books, and documents. In case of failure to
comply with any subpoena or order issued under authority of sections 360.011 to 360.076, the
commissioner, or the commissioner's authorized representative, may invoke the aid of any court
of this state of general jurisdiction. The court may thereupon order the witness to comply with the
requirements of the subpoena or order or to give evidence touching the matter in question. Any
failure to obey the order of the court may be punished by the court as a contempt thereof.
    Subd. 11a. Aeronautical accident; blood test of victim; coroner to report death. Every
coroner or other official performing like functions shall report in writing to the Department of
Transportation the death of any person within that official's jurisdiction as a result of an accident
involving an aircraft. Such report shall be made within five days after such death. In case an
aircraft's pilot in command or the copilot are killed in an aeronautical accident, and if such death
occurs within four hours after said accident, then and in such cases the coroner or other official
performing like function shall examine the body and shall make such tests as are necessary to
determine the presence and percentage concentration of alcohol, drugs, and carbon monoxide, if
feasible, in the blood of the victim. This information shall be included in a report submitted to
the Department of Transportation and shall be tabulated on an annual basis by the department.
This information transmitted to the department may be used only for statistical purposes by the
department which do not reveal the identity of the deceased.
The provisions hereof shall not be construed to limit the authority otherwise conferred by
law on the coroner.
    Subd. 12. Report of investigation; limitations on use. In order to facilitate the making of
investigations by the commissioner, in the interest of public safety and promotion of aeronautics,
the public interest requires, and it is therefor provided, that the reports of investigations or
hearings, or any part thereof, shall not be admitted in evidence or used for any purpose in any suit,
action, or proceeding growing out of any matter referred to in said investigation, hearing, or report
thereof, except in case of criminal or other proceedings instituted in behalf of the commissioner
of this state under the provisions of sections 360.011 to 360.076, and other laws of this state
relating to aeronautics, nor shall the commissioner, the commissioner's assistant, or any employee
of the department be required to testify to any facts ascertained in, or information gained by
reason of, official capacity, or be required to testify as an expert witness in any suit, action, or
proceeding involving any aircraft. Subject to the foregoing provisions, the commissioner may
make available to appropriate federal and state agencies information and material developed in
the course of such hearings and investigations.
    Subd. 13. Financial assistance to municipality. The commissioner may render assistance in
the acquisition, construction, improvement, or maintenance of airports and other air navigation
facilities owned, controlled, or operated, or to be owned, controlled, or operated, by municipalities
in this state, the cost of such assistance to be paid out of the state airports fund provided for by
sections 360.011 to 360.076, and from appropriations made by the legislature for that purpose.
State funds appropriated or made available for the acquisition, construction, improvement, or
maintenance of such airports and other air navigation facilities may be expended only upon
projects which are included in the state airways system established by the commissioner. No such
state funds shall be available for work upon any project that is not done upon the supervision
of the commissioner.
    Subd. 14. Contract. The commissioner may enter into any contracts necessary to the
execution of the powers granted the commissioner by sections 360.011 to 360.076.
    Subd. 15. Exclusive rights forbidden; lease permitted. The commissioner shall grant no
exclusive right for the use of any airway, airport, restricted landing area, or other air navigation
facility under the commissioner's jurisdiction. This subdivision shall not prevent the making of
leases in accordance with other provisions of sections 360.011 to 360.076.
    Subd. 16.[Repealed, 2006 c 234 s 9]
    Subd. 17. Report to governor. On or before October 1 in every even-numbered year, the
commissioner shall make to the governor a full report of the proceedings of the department for the
preceding two fiscal years, together with the commissioner's recommendations pertaining to the
affairs of the department.
    Subd. 18. Custodian of records; attorney general designated as attorney. (a) The
commissioner shall be the custodian of and preserve the records of the department and of the
official acts and determinations made by the commissioner or predecessors in office. All of the
files and records of the department shall, under reasonable rules, be open to public inspection, and
copies thereof certified by the commissioner as being true copies shall be received in evidence in
any court in this state with the same force and effect as the originals.
(b) The attorney general shall be ex officio attorney for the commissioner and shall give
the commissioner such legal counsel, advice, and assistance as the commissioner may require
from time to time.
    Subd. 19. Keep books and records. (a) The commissioner shall keep accurate and complete
books of accounts to show in detail itemized receipts and disbursements of the airports fund. The
books shall show the following facts, among others:
(1) the expenses of maintaining the department, including the salaries and expenses of the
individual members thereof;
(2) the amounts of money expended in each county of the state for the construction or
maintenance of airports or restricted landing areas, when, where, and upon what airport or
restricted landing area expended, so that the cost for each such airport or restricted landing area
can be easily ascertained;
(3) the amount of equipment and materials purchased and when, where, and from whom
purchased.
(b) These books shall show the price paid for each item. The original invoice shall form a
part of the permanent files and records in the department and shall be open to public inspection.
    Subd. 20.[Repealed, 1988 c 698 s 7]
History: 1945 c 303 s 3; 1947 c 175 s 1; 1947 c 363 s 2,3; 1955 c 847 s 27; 1969 c 381 s 1;
1971 c 643 s 1; 1973 c 492 s 14; 1974 c 406 s 68; 1975 c 159 s 1; 1976 c 166 s 7; 1978 c 660
s 1; 1978 c 674 s 58; Ex1979 c 1 s 47; 1981 c 253 s 32-34; 1982 c 617 s 23; 1984 c 609 s 24;
1985 c 248 s 70; 1986 c 444; 1997 c 7 art 2 s 51; 1999 c 99 s 19
360.0151 AIR SERVICE MARKETING PROGRAM.
    Subdivision 1. Program established. The commissioner of transportation shall establish
an air service marketing program to encourage the preservation and expansion of scheduled
passenger air carrier service to greater Minnesota. The commissioner may spend funds
appropriated from the state airports fund for (1) air service marketing grants and (2) conducting
statewide studies to determine the feasibility of air service initiatives. The commissioner may
develop a single, recognizable statewide marketing program to increase visibility of and ridership
at airports with scheduled air carrier service.
    Subd. 2. Grants authorized. (a) The commissioner may make air service marketing grants
to political subdivisions that own and operate airports. The commissioner shall make a project
agreement with each political subdivision receiving a grant under this section that provides for:
(1) a detailed description of the project for which the grant is provided;
(2) a schedule of the project; and
(3) the division of costs of the project between the state and the recipient.
(b) Payments by the commissioner under a project agreement may only be made to reimburse
local costs already incurred.
    Subd. 3. Uses of grant. (a) Costs for the following activities related to commercial passenger
air service at the recipient's airport are eligible for reimbursement under this section:
(1) advertising of service;
(2) public relations activities intended to educate the public on the value of the airport and its
commercial passenger air service;
(3) marketing studies; or
(4) service improvement activities such as route analysis, service studies, and other activities
intended to preserve or increase service from an existing or new-entry air carrier.
(b) A grant under this section may not be used for:
(1) an activity that promotes an airport within the service area of another airport;
(2) a promotional activity that features one specific air carrier at an airport when more
than one air carrier serves the airport;
(3) administrative costs associated with the marketing program or with the routine operation
of the airport; or
(4) payments to air carriers as fare subsidies, service subsidies, or seat guarantees.
History: 1997 c 159 art 2 s 46; 1999 c 230 s 28
360.016 FEDERAL AID.
    Subdivision 1. Cooperation with federal government. The commissioner is authorized to
cooperate with the government of the United States, and any agency or department thereof, in
the planning, acquisition, construction, improvement, maintenance, and operation of airports and
other air navigation facilities in this state and to comply with the provisions of the laws of the
United States and any regulations made thereunder for the expenditure of federal money upon
such airports and other air navigation facilities.
    Subd. 2. Acceptance of federal money. The commissioner is authorized to accept, receive,
and receipt for and disburse federal money and other money, either public or private, for and
in behalf of this state, or any municipality thereof, for the planning, acquisition, construction,
improvement, maintenance, and operation of airports and other air navigation facilities, whether
such work is to be done by the state or by such municipalities, or jointly, aided by grants of
aid from the United States, upon such terms and conditions as are or may be prescribed by the
laws of the United States and any rules or regulations made thereunder. The commissioner is
authorized to act as agent of any municipality or municipalities acting jointly, upon the request
of such municipality or municipalities, in accepting, receiving, receipting for, and disbursing
federal money, and other money public or private, made available to finance, in whole or in part,
the planning, acquisition, construction, improvement, maintenance, or operation of a municipal
airport or air navigation facility; and if requested by such municipality or municipalities may act
as its or their agent in contracting for and supervising such planning, acquisition, construction,
improvement, maintenance, or operation; and all municipalities are authorized to designate the
commissioner as their agent for the foregoing purposes. The commissioner, as principal on behalf
of the state, and any municipality on its own behalf, subject to the provisions of section 360.0161
may enter into any contracts, with each other or with the United States or with any person, which
may be required in connection with a grant or loan of federal money for municipal airport or air
navigation facility purposes. All federal money accepted under this section shall be accepted and
transferred or expended by the commissioner upon such terms and conditions as are prescribed
by the United States.
    Subd. 3. Contract authority. The commissioner may enter into any contracts necessary to
the execution of powers granted by this chapter. All contracts for the planning, acquisition,
construction, improvement, maintenance, and operation of airports, or other air navigation
facilities, made by the commissioner, either as the agent of this state or as the agent of
any municipality, shall be made pursuant to the laws of this state governing the making of
like contracts; provided, that where the planning, acquisition, construction, improvement,
maintenance, and operation of any airport or other air navigation facility is financed wholly or
partially with federal money, the commissioner, as agent of the state or of any municipality
thereof, may let contracts in the manner prescribed by the federal authorities, acting under the
laws of the United States and any rules or regulations made thereunder, notwithstanding any
other state law to the contrary.
    Subd. 4. Disposition of federal funds. All money accepted for disbursement by the
commissioner pursuant to subdivision 2 shall be deposited in the state treasury and, unless
otherwise prescribed by the authority from which the money is received, kept in separate funds,
designated according to the purposes for which the money was made available, and held by the
state in trust for such purposes. All such money is hereby appropriated for the purposes for which
the same was made available, to be expended in accordance with federal laws and regulations and
with the laws of this state.
History: 1945 c 303 s 4; 1947 c 175 s 2; 1986 c 444
360.0161 APPLICATION FOR FEDERAL AID; COMMISSIONER AS AGENT.
    Subdivision 1. "Municipality" defined. As used in this section, the word "municipality" has
the meaning ascribed to it by Minnesota Statutes 1945, section 360.013, subdivision 20.
    Subd. 2. Approval of application; Federal Airport Act of 1946. No municipality in this
state, whether acting alone or jointly with another municipality or with the state, shall submit
to the administrator of civil aeronautics of the United States any project application under the
provisions of Section 9(a) of the Act of Congress approved May 13, 1946, being a Public Law
377, 79th Congress, known and hereinafter designated as the "Federal Airport Act," or any
amendment thereof, unless the project and the project application have been first approved by
the commissioner of transportation.
    Subd. 3. Designated agent. No such municipality shall directly accept, receive, receipt for,
or disburse any funds granted by the United States under the Federal Airport Act, but it shall
designate the commissioner of transportation as its agent and in its behalf to accept, receive,
receipt for, and disburse such funds. It shall enter into an agreement with the commissioner
prescribing the terms and conditions of such agency in accordance with federal laws, rules, and
regulations and applicable laws of this state.
History: 1947 c 22 s 1-3; 1976 c 166 s 7
360.017 STATE AIRPORTS FUND.
     Subdivision 1. Creation; authorized disbursements. (a) There is hereby created a fund
to be known as the state airports fund. The fund shall consist of all money appropriated to it, or
directed to be paid into it, by the legislature.
     (b) The state airports fund shall be paid out on authorization of the commissioner and shall
be used:
     (1) to acquire, construct, improve, maintain, and operate airports and other air navigation
facilities;
     (2) to assist municipalities in the acquisition, construction, improvement, and maintenance
of airports and other air navigation facilities;
     (3) to assist municipalities to initiate, enhance, and market scheduled air service at their
airports;
     (4) to promote interest and safety in aeronautics through education and information; and
     (5) to pay the salaries and expenses of the Department of Transportation related to aeronautic
planning, administration, and operation. All allotments of money from the state airports fund for
salaries and expenses shall be approved by the commissioner of finance.
    (c) A municipality that adopts a comprehensive plan that the commissioner finds is
incompatible with the state aviation plan is not eligible for assistance from the state airports fund.
    Subd. 2. Investment. Upon request of the commissioner, money in the state airports fund
shall be invested by the State Board of Investment in the class of securities specified in section
11A.25 and acts amendatory thereto, except the bonds of any school district, county, city or
town of this state. All interest and profits from such investments shall be credited to the state
airports fund. The commissioner of finance shall be custodian of all securities purchased under
the provisions of this section.
History: 1945 c 303 s 5; 1965 c 167 s 1; 1971 c 25 s 68; 1973 c 123 art 5 s 7; 1976 c 166
s 118; 1980 c 607 art 14 s 46; 1982 c 617 s 24; 1997 c 159 art 2 s 47; 2003 c 112 art 2 s 50;
2006 c 261 s 2
360.018 REGULATING AIRCRAFT, AIRMEN, AIRPORTS, INSTRUCTORS.
    Subdivision 1. Aircraft registration; operating license; fees and rules. The general public
interest and safety, the safety of persons receiving instruction concerning or operating, using, or
traveling in aircraft and of persons and property on the ground, and the interest of aeronautical
progress requiring that aircraft operated within this state should be airworthy, that airmen and
those engaged in air instruction should be properly qualified, and that airports, restricted landing
areas, and air navigation facilities should be suitable for the purposes for which they are designed;
the purposes of sections 360.013 to 360.075, requiring that the commissioner should be enabled
to exercise the powers of supervision therein granted; and the advantages of uniform regulation
making it desirable that aircraft operated within this state should conform with respect to design,
construction, and airworthiness to the standards prescribed by the United States government with
respect to civil aircraft subject to its jurisdiction and that persons engaging in aeronautics within
this state should have the qualifications necessary for obtaining and holding appropriate airman
certificates of the United States, the commissioner is authorized:
(1) To require the registration annually of federal licenses, permits, or certificates of civil
aircraft engaged in air navigation within this state, and to issue certificates of such registration,
which certificates may be the same as the certificates issued pursuant to section 360.59,
subdivision 3
. The application for registration made pursuant to sections 360.54 to 360.67 shall
be considered as the application for registration required by this section. The certificates of
registration of aircraft issued pursuant to this section shall constitute licenses of such aircraft for
operations within this state to the extent permitted by the federal licenses, certificates, or permits
so registered. The application for registration shall contain such information as the commissioner
may by rule or order prescribe. The first application for registration made in this state shall be
verified by the applicant. The second and succeeding applications for registration need not be
verified. Each application for registration of aircraft shall be made as required by sections 360.54
to 360.67.
(2) To license any person engaged in commercial operations in accordance with rules to be
adopted by the commissioner and to annually renew such a license. The rules adopted hereunder
shall provide for:
(i) compliance with all requirements of the United States government relating to permits or
certificates governing aircraft and airmen; and
(ii) compliance with all laws of the state of Minnesota and rules of any state department
or agency promulgated thereunder.
The fee for an original license or renewal license is $30.
(3) To approve airport and restricted landing area sites and to license airports, restricted
landing areas, or other air navigation facilities, in accordance with rules to be adopted by the
commissioner, and to renew such licenses. Licenses granted under this subdivision or under any
prior law shall be renewed annually or every three years upon payment of the fee therefor, and
licenses shall be granted for airports and restricted landing areas which were being operated under
a license on the 1st day of July 1943, without requirements of a certificate of approval, unless the
commissioner shall reasonably determine, after a public hearing to be called by the commissioner
and held in the same manner and upon the same notice as is provided for hearings upon certificates
of approval or original licenses, that the operation of such airport or restricted landing area is
hazardous to persons operating, using, or traveling in aircraft or to persons and property on the
ground. The commissioner shall make no charge for approval certificates of proposed property
acquisition for airport or restricted landing area purposes. The fee for the issuance of each original
license for an airport or restricted landing area is $15 per year and $40 for three years.
(4) To suspend or revoke any license or certificate of registration of an aircraft or licensee
of commercial operations issued by the commissioner, or to refuse to issue any such license or
certificate of registration, on reasonably determining that any aircraft is not airworthy or that any
licensee of commercial operations is not qualified; has engaged in advertising by means of false
or deceptive statements; has been found guilty of gross incompetency or gross negligence; has
been found guilty of fraud, dishonesty, forgery, or theft; has willfully violated the provisions of
sections 360.013 to 360.075, the rules prescribed pursuant thereto, or any other statute of this state
relating to aeronautics, or any act of Congress or any rule or regulation promulgated pursuant
thereto; is addicted to the use of narcotics or other habit-forming drug or to the excessive use of
intoxicating liquor; has made any false statement in any application for registration of a federal
license, certificate, or permit; or has been guilty of other conduct, acts, or practices dangerous to
the public safety and the safety of those engaged in aeronautics.
    Subd. 2. Unlawful operations. Except as hereinafter provided, it shall be unlawful for any
person to operate or cause or authorize to be operated any civil aircraft within this state unless
such aircraft has an appropriate effective license, certificate, or permit issued by the United
States government which has been registered with the commissioner and such registration with
the commissioner is in full force and effect, and it shall be unlawful for any person to engage in
aeronautics as an airman in this state without an appropriate effective airman's license, certificate,
or permit issued by the United States government authorizing the person to engage in the
particular class of aeronautics in which engaged.
    Subd. 3. Exceptions to registration requirements. The provisions of subdivision 1,
paragraphs (1) and (2), and subdivision 2 shall not apply to:
(1) an aircraft which has been licensed by a foreign country with which the United States has
a reciprocal agreement covering the operations of such licensed aircraft;
(2) an aircraft which is owned by a nonresident of this state who is lawfully entitled to
operate such aircraft in the state of residence;
(3) an aircraft engaged principally in commercial flying constituting an act of interstate
or foreign commerce;
(4) an aircraft owned by, and used exclusively in the service of, any government or any
political subdivision thereof, including the government of the United States, any state, territory, or
possession of the United States, or the District of Columbia, which is not engaged in carrying
persons or property for commercial purposes;
(5) an airman operating an aircraft owned by, and used exclusively in the service of, any
government or any political subdivision thereof, including the government of the United States,
any state, territory, or possession of the United States, or the District of Columbia, which is not
engaged in carrying persons or property for commercial purposes;
(6) an airman operating any aircraft licensed by a foreign country with which the United
States has a reciprocal agreement covering the operation of such licensed aircraft;
(7) persons operating model aircraft, nor to any person piloting an aircraft which is equipped
with fully functioning dual controls when a licensed instructor is in full charge of one set of
said controls and such flight is solely for instruction or for the demonstration of said aircraft to
a bona fide prospective purchaser;
(8) a nonresident operating aircraft in this state who is lawfully entitled to operate aircraft in
the state of residence;
(9) an airman while operating or taking part in the operation of an aircraft engaged
principally in commercial flying constituting an act of interstate or foreign commerce.
    Subd. 4. Exhibiting license, permit, or certificate. The federal license, certificate, or
permit, and the evidence of registration in this or another state, if any, required for an airman shall
be kept in the personal possession of the airman when operating within this state and must be
presented for inspection upon the demand of any passenger, any peace officer of this state, or the
commissioner, the commissioner's assistant, or any employee of the department, or any official,
manager, or person in charge of any airport in this state upon which the airman shall land, or upon
the reasonable request of any other person. The federal aircraft license, certificate, or permit, and
the evidence of registration in this or another state, if any, required for aircraft must be carried in
every aircraft operating in this state at all times and must be conspicuously posted therein where it
may readily be seen by passengers or inspectors and must be presented for inspection upon the
demand of any passenger, any peace officer of this state, the commissioner, the commissioner's
assistant, or any employee of the department, or any official, manager, or person in charge of any
airport in this state upon which it shall land, or upon the reasonable request of any person.
    Subd. 5. Air instruction without license, permit, or certificate. It shall be unlawful for
any person to engage in commercial operations or to act as an aeronautics instructor in this state
without having all required licenses, certificates, or permits of the commissioner and of the
United States government.
    Subd. 6. Licensing airport or other air navigation facility. All proposed airports, restricted
landing areas, and other air navigation facilities shall be first licensed by the commissioner before
they, or any of them, shall be used or operated. Any municipality or person acquiring property
for the purpose of constructing or establishing an airport or restricted landing area shall, prior to
such acquisition, make application to the commissioner for a certificate of approval of the site
selected and the general purpose or purposes for which the property is to be acquired, to insure
that the property and its use shall conform to minimum standards of safety and shall serve public
interest. It shall be unlawful for any municipality or officer or employee thereof, or for any
person, to operate an airport, restricted landing area, or other air navigation facility for which the
required annual license has not been issued by the commissioner. Notwithstanding the foregoing,
a personal use airport that is more than five miles from a public airport, whether publicly or
privately owned, need not obtain a license from the commissioner.
    Subd. 7. Hearing on certificate or license application. Whenever the commissioner makes
an order granting or denying a certificate of approval of an airport or a restricted landing area,
or an original license to use or operate an airport, restricted landing area, or other air navigation
facility, and the applicant or any interested municipality, within 15 days after notice of such
order has been sent the applicant by certified mail, demands a public hearing, or whenever the
commissioner desires to hold a public hearing before making an order, such a public hearing in
relation thereto shall be held in the municipality applying for the certificate of approval or license
or, in case the application was made by anyone other than a municipality, at the county seat of
the county in which the proposed airport, restricted landing area, or other air navigation facility
is proposed to be situated, at which hearing parties in interest and other persons shall have an
opportunity to be heard. Notice of the hearing shall be published by the commissioner in a legal
newspaper of general circulation in the county in which the hearing is to be held, at least 15 days
prior to the date of hearing. After a proper and timely demand has been made, the order shall
be stayed until after the hearing, when the commissioner may affirm, modify, or reverse it, or
make a new order. If no hearing is demanded as herein provided, the order shall become effective
upon the expiration of the time permitted for making a demand. Where a certificate of approval
of an airport or restricted landing area has been issued by the commissioner, the commissioner
may grant a license for operation and use, and no hearing may be demanded thereon; provided,
however, and subject to the provisions of section 473.622, as amended, should the airport for
which a license is applied lie within the area under the jurisdiction of any corporation organized
and existing under sections 473.601 to 473.679, the commissioner, before issuing the first
license for the operation of said airport, shall forthwith serve notice in writing of the application,
together with a copy thereof to the said corporation. Within 15 days after service of such notice
said corporation shall serve written notice upon the commissioner whether or not it regards
the acquisition and/or operation of said airport as constituting a hazard to the safe operation of
an airport or airports owned or operated by it. If in the opinion of the corporation it does not
constitute such a hazard, the commissioner may thereafter proceed in the matter of granting or
refusing to grant a license in accordance with and pursuant to the provisions of this chapter. If the
corporation, however, be of the opinion that the acquisition and/or operation of such airport would
create such a hazard, then the commissioner shall set a time and place for a joint hearing upon
the application for license and for consent to or approval by the corporation of the acquisition
and/or operation of said airport, which hearing shall be held within 45 days after the service of
such notice upon the applicant, the corporation and other interested parties, unless such time shall
be extended by consent of all interested parties. At said hearing the corporation shall offer such
evidence as it deems material to sustain its contention that the acquisition and/or operation of said
airport would create such a hazard. Thereafter other interested parties supporting the view of the
corporation shall be heard; and thereafter the applicant and other interested parties supporting
applicant's view or their independent views shall be heard, and shall offer such evidence as
they deem material to sustain their respective views and contentions. Each party shall have an
opportunity of offering rebuttal testimony or rebuttal evidence.
Within ten days after the close of the hearing the corporation shall make its order in writing
approving or refusing to approve the acquisition and/or operation of said airport; provided that
if the order is one disapproving, it must be based solely upon the grounds that the acquisition
and/or operation of said airport would constitute a hazard to the safe operation of an airport or
airports owned or operated by it or presently to be constructed or being constructed to be operated
by it, and its order shall set forth its findings of fact and its reasons for the conclusion reached.
The provisions of this proviso shall apply only to securing the first approval or disapproval of the
establishment and operation of said airport or restricted landing area and once the same shall have
been approved by the corporation renewal licenses may be issued therefor by the commissioner of
transportation without notice to the corporation.
    Subd. 8. Standards for issuing certificate or license. In determining whether to issue a
certificate of approval or license for the use or operation of any proposed airport or restricted
landing area, the commissioner shall take into consideration its proposed location, size, and
layout, the relationship of the proposed airport or restricted landing area to a comprehensive plan
for statewide and nationwide development, whether there are safe areas available for expansion
purposes, whether the adjoining area is free from obstructions based on a proper glide ratio, the
nature of the terrain, the nature of the uses to which the proposed airport or restricted landing
area will be put, and the possibilities for future development.
    Subd. 9. Exceptions; federal use. The provisions of subdivisions 6, 7, and 8 shall not
apply to any airport, restricted landing area, or other air navigation facility owned or operated
by the federal government within this state, or by any public corporation created in and for
contiguous cities of the first class of this state. No airport, restricted landing area, or other air
navigation facility shall be acquired or operated within 25 miles of the city hall of either of
two contiguous cities of the first class for which a public corporation is organized and existing
under sections 473.601 to 473.679, without the consent of such corporation, as provided in and
limited by section 473.622.
    Subd. 10. Revoking certificate or license. The commissioner is empowered to suspend or
revoke any certificate of approval or license issued by the commissioner upon determining that
an airport, restricted landing area, or other air navigation facility is not being maintained or
used in accordance with the provisions of sections 360.011 to 360.076, and the rules lawfully
promulgated pursuant thereto.
    Subd. 11. Examination of premises. To carry out the provisions of sections 360.011 to
360.076, the commissioner, the commissioner's assistant, the employees of the department, and
any officers, state or municipal, charged with the duty of enforcing sections 360.011 to 360.076,
may inspect and examine at reasonable hours any premises, and the buildings and other structures
thereon, where airports, restricted landing areas, air schools, flying clubs, or other air navigation
facilities or aeronautical activities are operated or carried on.
    Subd. 12. Operating vehicle on airport property. No person shall operate a motor vehicle
off a designated roadway on airport property without the authorization of the airport owner, or
operate a motor vehicle anywhere on airport property in a careless or reckless manner with willful
disregard for the safety of persons or property. A violation of this subdivision is a misdemeanor.
History: 1945 c 303 s 6; 1947 c 175 s 3,4; 1947 c 363 s 4,5; 1953 c 738 s 3,4; 1959 c 446 s
1; 1965 c 288 s 1; 1967 c 863 s 1; 1974 c 8 s 1-3; 1976 c 166 s 7; 1978 c 674 s 58,60; 1980 c 509
s 65,66; 1983 c 293 s 100; 1985 c 248 s 70; 1Sp1985 c 10 s 89; 1986 c 444; 1987 c 321 s 3,4
360.019 ORDER OF COMMISSIONER; REVIEW.
    Subdivision 1. Certificate, license, or permit refusal or modification order. In any case
where the commissioner refuses to issue a certificate of approval of or license (or renewal of
license) for an airport, restricted landing area, or other air navigation facility, or refuses to permit
the registration of any license, certificate, or permit, or refuses to grant a license to an air school
or to an aeronautics instructor in ground subjects, or in any case issues any order requiring certain
things to be done, or revokes any license or certificate, the commissioner shall set forth the
reasons therefor and shall state the requirements to be met before such approval will be given,
registration permitted, license granted, or order modified or changed. Any order made by the
commissioner pursuant to the provisions of sections 360.011 to 360.076, shall be served upon the
interested persons by certified mail or in person.
    Subd. 2. Hearing before commissioner; appeal. Any person aggrieved by an order of the
commissioner or by the granting or denial of any license, permit, certificate, or registration may
request a hearing before the commissioner. The commissioner shall hold a public hearing and
may stay the order until after the hearing. Orders of the commissioner reached after a public
hearing may be reviewed by appeal in accordance with chapter 14.
History: 1945 c 303 s 7; 1957 c 146 s 3; 1959 c 387 s 12; 1978 c 674 s 58,60; 1983 c
247 s 141; 1986 c 444
360.021 STATE AIRPORT.
    Subdivision 1. Authority to establish. The commissioner is authorized and empowered,
on behalf of and in the name of this state, within the limitation of available appropriations, to
acquire, by purchase, gift, devise, lease, condemnation proceedings, or otherwise, property, real or
personal, for the purpose of establishing and constructing restricted landing areas and other air
navigation facilities and to acquire in like manner, own, control, establish, construct, enlarge,
improve, maintain, equip, operate, regulate, and police such restricted landing areas and other air
navigation facilities, either within or without this state; and to make, prior to any such acquisition,
investigations, surveys, and plans. The commissioner may maintain, equip, operate, regulate,
and police airports, either within or without this state. The commissioner may maintain at such
airports facilities for the servicing of aircraft and for the comfort and accommodation of air
travelers. The commissioner may dispose of any such property, airport, restricted landing area,
or any other air navigation facility, by sale, lease, or otherwise, in accordance with the laws of
this state governing the disposition of other like property of the state. The commissioner may not
acquire or take over any restricted landing area, or other air navigation facility without the consent
of the owner. The commissioner shall not acquire any additional state airports nor establish any
additional state-owned airports. The commissioner may erect, equip, operate, and maintain on
any airport buildings and equipment necessary and proper to maintain, and conduct such airport
and air navigation facilities connected therewith. The commissioner shall not expend money for
land acquisition, or for the construction, improvement, or maintenance of airports, or for air
navigation facilities for an airport, unless the governmental unit involved has or is establishing a
zoning authority for that airport, and the authority has made a good faith showing that it is in
the process of and will complete with due diligence, an airport zoning ordinance in accordance
with sections 360.061 to 360.074. Notwithstanding the foregoing prohibition, the commissioner
may continue to maintain the state-owned airport at Pine Creek.
    Subd. 2. Airport protection privileges. Where necessary in order to provide unobstructed
air space for the landing and takeoff of aircraft utilizing airports and restricted landing areas
acquired or operated under the provisions of sections 360.011 to 360.076, the commissioner is
hereby granted authority to acquire, in the same manner as is provided for the acquisition of
property for airport purposes, easements through or other interests in air space over land or water,
interests in airport hazards outside the boundaries of the airports or restricted landing areas, and
such other airport protection privileges as are necessary to insure safe approaches to the landing
areas of said airports and restricted landing areas, and the safe and efficient operation thereof. The
commissioner is also hereby authorized to acquire, in the same manner, the right of easement, for
a term of years or perpetually, to place or maintain suitable marks for the daytime marking and
suitable lights for the nighttime marking of airport hazards, including the right of ingress and
egress to or from such airport hazards for the purpose of maintaining and repairing such lights and
marks. This authority shall not be so construed as to limit the right, power, or authority of the state
or any municipality to zone property adjacent to any airport or restricted landing area pursuant to
any law of this state. The commissioner shall make maximum use of zoning and easements to
eliminate runway and other potential airport hazards rather than land acquisition in fee.
    Subd. 3. Joint operation with other government. This state, acting through the
commissioner, may engage in all such activities jointly with the United States, other states, and
with municipalities or other agencies of this state and, subject to the approval of the United
States government, jointly with the Dominion of Canada or its governmental subdivisions. Such
joint operations may be conducted pursuant to an agreement as described in section 360.042
and other applicable law.
    Subd. 4. Condemnation. The commissioner may exercise the power of eminent domain, in
the name of the state, in the manner provided by the laws of this state for the acquisition of real
property for public purposes, for the purpose of acquiring any property which the commissioner
is herein authorized to acquire by condemnation. The fact that the property so needed has been
acquired by the owner under power of eminent domain shall not prevent its acquisition by the
exercise of the power of eminent domain herein conferred. For the purpose of making surveys and
examinations relative to any condemnation proceedings, it shall be lawful to enter upon any land,
doing no unnecessary damage. Notwithstanding the provisions of any other statute, or the charter
of any municipality, the commissioner may take possession of any such property so to be acquired
at any time after the filing of the petition describing the same in condemnation proceedings. The
commissioner shall not be precluded from abandoning the condemnation of any such property in
any case where possession thereof has not been taken.
    Subd. 5. Lease, sale, assignment, or concession. The commissioner may lease for a term
not exceeding 30 years such airports, or other air navigation facilities or real property acquired or
set apart for airport purposes, to private parties, any municipal or state government or the national
government, or any department of either thereof, for operation; and may lease or assign for a term
not exceeding 30 years to private parties, any municipal or state government or the national
government, or any department of either, for operation or use consistent with the purposes of this
chapter, space, area, improvements, or equipment on such airports; may sell any part of such
airports, other air navigation facilities, or real property to any municipal or state government, or
to the United States or any department or instrumentality thereof, for aeronautical purposes or
purposes incidental thereto; and may confer the privilege of concessions of supplying upon the
airports goods, commodities, things, services, and facilities; provided that in each case in so doing
the public is not deprived of its rightful, equal, and uniform use thereof.
    Subd. 6. Charge or rental; lien. The commissioner shall have the authority to determine the
charges or rental for the use of any properties and the charges for any service or accommodations
under the commissioner's control and the terms and conditions under which such properties may
be used; provided that in all cases the public is not deprived of its rightful, equal, and uniform
use of such property. Charges shall be reasonable and uniform for the same class of service and
established with due regard to the property and improvements used and the expenses of operation
to the state. The state shall have and the commissioner may enforce liens, as provided by law
for liens and the enforcement thereof, for repairs to or improvement or storage or care of any
personal property, to enforce the payment of any such charges.
    Subd. 7. Contract with owner of existing private airport. The commissioner may contract
with the owners of existing privately owned airports for the use, equipment, improvement,
maintenance, management, and operation by the commissioner of such airports, and thereafter
use, equip, improve, maintain, manage, operate, regulate, and police them.
History: 1945 c 303 s 8; 1947 c 175 s 5; 1975 c 224 s 1; 1978 c 674 s 58; 1981 c 357 s
100,101; 1986 c 444; 2006 c 214 s 20
360.0215 SERVICE OF PROCESS; LONG-ARM STATUTE; FEE.
The use and operation of an aircraft by a nonresident or the nonresident's agent in the state of
Minnesota or by a resident owner or the resident owner's agent who has remained without the
state continuously for 30 days prior to the commencement of an action against the nonresident
or absentee owner, shall be deemed an appointment by such nonresident or absentee of the
commissioner of transportation, to be the true and lawful attorney upon whom may be served
all legal processes in any action or proceeding against the nonresident or absentee growing out
of such use or operation of an aircraft in the state of Minnesota, resulting in damages or loss to
person or property, and said use or operation shall be a signification of agreement that any such
process in any action against the nonresident or absentee which is so served shall be of the same
legal force and validity as if served upon the nonresident or absentee personally. Service of such
process shall be made by serving a copy thereof upon the commissioner or by filing a copy in
the commissioner's office, together with the payment of a fee of $2, and such service shall be
sufficient service upon said nonresident or absentee; provided that notice of such service and a
copy of the process are within ten days thereafter sent by mail by the plaintiff to the defendant
at the defendant's last known address, and that the plaintiff's affidavit of compliance with the
provisions of this section are attached to the summons.
The court in which the action is pending may order such continuance as may be necessary to
afford the defendant reasonable opportunity to defend any such action, not exceeding 90 days
from the day of the filing of the action in such court. The fee of $2 paid by the plaintiff to the
commissioner at the time of service of such proceeding shall be taxed in the plaintiff's costs if
the plaintiff prevails in the suit. The said commissioner shall keep a record of all such processes
so served which shall show the day and hour of such service.
History: 1947 c 46 s 1; 1976 c 166 s 7; 1986 c 444
360.0216 AIRCRAFT OPERATOR DEEMED OWNER'S AGENT.
When an aircraft is operated within the airspace above this state or upon the ground surface
or waters of this state by a person other than the owner, with the consent of the owner, expressed
or implied, the operator shall in case of accident be deemed the agent of the owner of the aircraft
in its operation.
History: 1976 c 241 s 2
360.022 MISDEMEANOR.
Any person violating any of the provisions of section 360.018, or any of the rules or orders
issued pursuant to the provisions of section 360.015, shall be guilty of a misdemeanor, and each
such violation, or in the case of continuing offenses each day's violation, shall constitute a
separate offense.
History: 1945 c 303 s 9; 1971 c 23 s 23; 1985 c 248 s 70
360.023 TRANSFER OF AIR NAVIGATION FACILITY.
The commissioner of transportation of the state of Minnesota, with the approval of the
governor, is hereby granted authority to transfer and assign to the United States government or,
to any political subdivisions of the state of Minnesota or to loan to private owners of airports
licensed for public use all or any part of radio air navigation facilities or other air navigation
facilities along with shelters, repair parts, and supplies used in connection therewith, as are now
or hereafter owned by the state of Minnesota.
The commissioner of transportation, with the approval of the governor, is authorized to make
such loan, transfer, and assignment herein upon the conditions that, and so long as, the United
States government, the political subdivision, or the private owner of an airport, as the case may
be, will undertake the duty to, and does, maintain, repair, operate, and use such air navigation
facilities for the benefit of the public of the state. The commissioner may set additional conditions
on a transfer of air navigation facilities.
History: 1963 c 194 s 1; 1967 c 720 s 1; 1976 c 166 s 7
360.024 AIR TRANSPORTATION SERVICE CHARGE.
The commissioner shall charge users of air transportation services provided by the
commissioner for direct operating costs, excluding pilot salary and aircraft acquisition costs.
All receipts for these services shall be deposited in the air transportation services account in
the state airports fund and are appropriated to the commissioner to pay these direct air service
operating costs.
History: 1983 c 293 s 102; 1Sp1985 c 10 s 90; 1Sp1993 c 4 s 1; 1998 c 372 art 1 s 9
360.025 [Repealed, 1959 c 387 s 14]

ESTABLISHING AIRPORTS

360.031 DEFINITION OF MUNICIPALITY.
For the purposes of sections 360.031 to 360.045, inclusive (except section 360.042), only,
"municipality" means any county, city, or town of this state.
History: 1945 c 303 s 10; 1973 c 123 art 5 s 7
360.032 MUNICIPALITY MAY ACQUIRE AIRPORT.
    Subdivision 1. Acquisition. Every municipality is hereby authorized, through its governing
body, to acquire property, real or personal, for the purpose of establishing, constructing, and
enlarging airports and other air navigation facilities and to acquire, establish, construct, enlarge,
improve, maintain, equip, operate, and regulate such airports and other air navigation facilities
and structures and other property incidental to their operation, either within or without the
territorial limits of such municipality and within or without this state; to make, prior to any such
acquisition, investigations, surveys, and plans; to construct, install, and maintain airport facilities
for the servicing of aircraft, and for the comfort and accommodation of air travelers; and to
purchase and sell equipment and supplies as an incident to the operation of its airport properties.
It may not acquire, or take over any airport or other air navigation facility owned or controlled by
any other municipality of the state without the consent of such municipality. It may use for airport
purposes any available property that is now or may at any time hereafter be owned or controlled
by it. Such air navigation facilities as are established on airports shall be supplementary to and
coordinated in design and operation with those established and operated by the federal and state
governments. It may assist other municipalities in the construction of approach roads leading to
any airport or restricted landing area owned or controlled by it.
    Subd. 1a. Relocating airport property; reimbursement. A municipality may exercise
the powers set forth in this subdivision solely for the purpose of assisting the relocation of air
navigation facilities, structures, and other property incidental to airport operations, which are
located at an airport owned or formerly owned by the municipality.
A municipality may acquire air navigation facilities, structures, and other property incidental
to airport operations, which are located at an airport owned or formerly owned by the municipality.
In lieu of such acquisition, the municipality may move and relocate such property to another
public airport. The manner of acquisition of such property shall be in accordance with subdivision
2. The municipality may expend its funds to pay for the costs of such acquisition, moving, and
relocation. The commissioner may pay a portion of such acquisition, moving, and relocation costs
in accordance with the provisions of section 360.305, subdivision 4, paragraph (b) or (c).
    Subd. 2. Manner of acquisition. Property needed by a municipality for an airport or
restricted landing area, or for the enlargement of either, or for other airport purposes, may be
acquired by purchase, gift, devise, lease, or other means if such municipality is able to agree with
the owners of said property on the terms of such acquisition, and otherwise by condemnation
in the manner provided by the law under which such municipality is authorized to acquire like
property for public purposes, full power to exercise the power of eminent domain for such
purposes being hereby granted every municipality both within and without its territorial limits.
If but one municipality is involved and the charter of such municipality prescribes a method of
acquiring property by condemnation, proceedings shall be had pursuant to the provisions of
such charter and may be followed as to property within or without its territorial limits. The
fact that the property needed has been acquired by the owner under power of eminent domain,
or is already devoted to a public use, shall not prevent its acquisition by the municipality by the
exercise of the power of eminent domain herein conferred. For the purpose of making surveys
and examinations relative to any condemnation proceedings, it shall be lawful to enter upon any
land, doing no unnecessary damage. Notwithstanding the provisions of this or any other statute
or the provisions of any charter, the municipality may take possession of any such property so
to be acquired at any time after the filing of the petition describing the same in condemnation
proceedings. It shall not be precluded from abandoning the condemnation of any such property in
any case where possession thereof has not been taken.
    Subd. 3. Property and easements. Where necessary, in order to provide unobstructed air
space for the landing and takeoff of aircraft utilizing airports or restricted landing areas acquired
or operated under the provisions of this chapter, every municipality is authorized to acquire, in
the same manner as is provided for the acquisition of property for airport purposes, easements
through or other interests in air space over land or water, interests in airport hazards outside the
boundaries of the airports or restricted landing areas, and such other airport protection privileges
as are necessary to insure safe approaches to the landing areas of said airports or restricted landing
areas and the safe and efficient operation thereof. It is also hereby authorized to acquire, in the
same manner, the right or easement, for a term of years or perpetually, to place or maintain
suitable marks for the daytime marking and suitable lights for the nighttime marking of airport
hazards, including the right of ingress and egress to or from such airport hazards, for the purpose
of maintaining and repairing such lights and marks. This authority shall not be so construed as to
limit any right, power, or authority to zone property adjacent to airports and restricted landing
areas under the provisions of any law of this state.
    Subd. 4. Regulating buildings and trees on adjoining property. It shall be unlawful for
anyone to build, rebuild, create, or cause to be built, rebuilt, or created, any object, or plant,
cause to be planted, or permit to grow higher any tree or trees or other vegetation, which shall
encroach upon any airport protection privileges acquired pursuant to the provisions of this
section. Any such encroachment is declared to be a public nuisance and may be abated in the
manner prescribed by law for the abatement of public nuisances, or the municipality in charge of
the airport or restricted landing area for which airport protection privileges have been acquired
as in this section provided may go upon the land of others and remove any such encroachment
without being liable for damages in so doing.
History: 1945 c 303 s 11; 1957 c 615 s 1; 1978 c 660 s 2; 1991 c 350 art 1 s 21; 1999 c
230 s 29; 2006 c 214 s 20; 2007 c 138 s 14
360.033 SOVEREIGN RIGHTS.
    Subdivision 1. Public necessity. The acquisition of any lands for the purpose of establishing
airports or other air navigation facilities; the acquisition of airport protection privileges; the
acquisition, establishment, construction, enlargement, improvement, maintenance, equipment,
and operation of airports and other air navigation facilities, and the exercise of any other powers
herein granted to the state or to municipalities are hereby declared to be public, governmental, and
municipal functions, exercised for a public purpose, and matters of public necessity, and such
lands and other property, easements, and privileges acquired and used by the state and such
municipalities in the manner and for the purposes enumerated in sections 360.011 to 360.076,
shall and are hereby declared to be acquired and used for public, governmental, and municipal
purposes and as a matter of public necessity.
    Subd. 2.[Repealed, 1963 c 798 s 16]
History: 1945 c 303 s 12; 1978 c 674 s 58
360.034 PRIOR ACQUISITION OF PROPERTY VALIDATED.
Any acquisition of property within or without the limits of any municipality for airports and
other air navigation facilities, or of airport protection privileges, heretofore made by any such
municipality in any manner, together with the conveyance and acceptance thereof, is hereby
legalized and made valid and effective.
History: 1945 c 303 s 13
360.035 EXEMPTION FROM TAXATION.
Any properties, real or personal, acquired, owned, leased, controlled, used, or occupied by a
municipality for any of the purposes of sections 360.011 to 360.076, are declared to be acquired,
owned, leased, controlled, used, or occupied for public, governmental, and municipal purposes,
and shall be exempt from taxation by the state or any of its political subdivisions, except to the
extent that the property is subject to the sales and use tax under chapter 297A. Nothing contained
in sections 360.011 to 360.076 shall be construed as exempting properties, real or personal, leased
from the municipality to a tenant or lessee who is a private person, association, or corporation
from assessments or taxes. Leased municipal airport property that is not located at the airport
operated by the metropolitan airports commission shall not be subject to payment of any portion
of rentals under section 272.68, subdivision 3.
History: 1945 c 303 s 14; 1978 c 674 s 58; 1979 c 303 art 2 s 35; 1Sp1981 c 1 art 2 s 23;
2000 c 418 art 2 s 3
360.036 FINANCING AIRPORT AND IMPROVEMENTS.
    Subdivision 1. Proportion; "cost" includes awards and rentals. The cost of investigating,
surveying, planning, acquiring, establishing, constructing, enlarging, or improving or equipping
airports and other air navigation facilities, and the sites therefor, including structures and other
property incidental to their operation, in accordance with the provisions of sections 360.011
to 360.076, may be paid for by appropriation of money available therefor, or wholly or partly
from the proceeds of bonds of the municipality, as the governing body of the municipality shall
determine. The word "cost" includes awards in condemnation proceedings and rentals where
an acquisition is by lease.
    Subd. 2. Issuance of bonds. (a) Bonds to be issued by a municipality under sections 360.011
to 360.076, shall be authorized and issued in the manner and within the limitation prescribed by
laws or the charter of the municipality for the issuance and authorization of bonds for public
purposes generally, except as provided in paragraphs (b) and (c).
(b) No election is required to authorize the issuance of the bonds if:
(1) a board organized under section 360.042 recommends by a resolution adopted by a vote
of not less than 60 percent of its members the issuance of bonds, and the bonds are authorized by
a resolution of the governing body of each of the municipalities acting jointly pursuant to section
360.042, adopted by a vote of not less than 60 percent of its members; or
(2) the bonds are being issued for the purpose of financing the costs of constructing,
enlarging, or improving airports and other air navigation facilities; and
(i) the governing body estimates that passenger facility charges and other revenues pledged to
the payment thereof will be at least 20 percent of the debt service payable on the bonds in any year;
(ii) the project will be funded in part by a federal grant for airport development; and
(iii) the principal amount of the bonds issued under this clause does not exceed 25 percent
of the amount of the federal grant.
(c) If the bonds are general obligations of the municipality, the levy of taxes required by
section 475.61 to pay principal and interest on the bonds is not included in computing or applying
any levy limitation applicable to the municipality.
    Subd. 3. Issuing bonds in excess of tax limitation. Irrespective of any limitation, by general
or special law or charter, as to the amount of bonds which may be issued, a municipality may
issue bonds for the purposes defined by sections 360.011 to 360.076, in excess of such limitation,
in such amount as may be authorized by the governing body of the municipality as provided in
subdivision 2.
    Subd. 4. Bonds heretofore issued. The amount of all bonds heretofore or hereafter issued by
any municipality for the purposes defined in sections 360.011 to 360.076 shall not be counted or
included in the net indebtedness of the municipality or in any computation of the outstanding
indebtedness of the municipality for the purpose of determining the limit of net indebtedness
thereof.
    Subd. 5. Bonds for preliminary purpose. In all cases where a municipality has heretofore
issued any bonds for the purpose of investigating, surveying, planning, acquiring, establishing,
constructing, enlarging, equipping, or improving any airport, or other air navigation facility, or site
therefor, or to meet the cost of structures or other property incidental to their operation, whether
such airport or other air navigation facility was termed under the law existing at the time of the
issuance of such bonds an airport, a landing field, a landing strip, an aviation field, or a flying field,
or has incurred any other indebtedness, or entered into any lease or other contract in connection
with the acquisition, establishment, construction, ownership, enlargement, control, leasing,
equipment, improvement, maintenance, operation, or regulation of any such airport or other air
navigation facility, or site therefor, or structure or other property incidental to its operation, the
proceedings heretofore taken in all such cases are hereby in all respects validated and confirmed;
any bonds already issued thereunder are validated and made legal obligations of such municipality,
and such municipality is hereby authorized and empowered, pursuant to such proceedings, to
issue further bonds for such purposes up to the limit fixed in the original authorization thereof,
without limitation of the general power herein granted to all municipalities in this state, which
bonds when issued shall be legal obligations of such municipality according to their terms.
    Subd. 6. Expenditure in excess of limitation. The governing body of any municipality may
expend money for the purpose of acquiring property, real or personal, to establish, construct, or
enlarge an airport or other air navigation facility by purchase, lease, or condemnation, irrespective
of any limitation by general or special law or charter as to the amount that may be so expended
by such governing body; provided state or federal funds or funds received by gift have been
allocated or otherwise made available to such municipality to reimburse it for the entire amount of
such expenditure in excess of the amount authorized by such general or special law or charter;
or, provided such municipality has obtained funds from the sale of an existing airport, the funds
obtained from such sale may be used to acquire land and establish and construct an airport on
another site. The acquisition by any such municipality of any airport or airport property heretofore
acquired by gift, purchase, lease, or condemnation is hereby validated and confirmed irrespective
of any limitation by general or special law or charter provision to the contrary notwithstanding.
History: 1945 c 303 s 15; 1951 c 163 s 1; 1978 c 674 s 58; 1994 c 587 art 5 s 17,18;
2000 c 493 s 2
360.037 GENERAL POWER TO TAX; REVENUE PRIORITIES.
    Subdivision 1. Local authority to appropriate money. The governing bodies having power
to appropriate money within the municipalities in this state acquiring, establishing, constructing,
enlarging, improving, maintaining, equipping, or operating airports and other air navigation
facilities under the provisions of sections 360.011 to 360.076, are hereby authorized to appropriate
and cause to be raised, by taxation or otherwise in such municipalities, money sufficient to carry
out therein the provisions of sections 360.011 to 360.076. Expenditures by counties shall be
made out of the general revenue fund only.
    Subd. 2. Levy in excess of tax limitation. A municipality may levy taxes for the purposes
authorized by sections 360.011 to 360.076, in such amount as may be authorized by an ordinance
or resolution referred to and approved by the voters of such municipality by popular vote or as
may be required to pay principal of or interest on general obligation bonds of the municipality
issued under section 360.036.
    Subd. 3. Use of revenues. The revenues obtained from the ownership, control, and operation
of any such airport or other air navigation facility shall be used, first, to finance the maintenance
and operating expenses thereof and, second, to make payments of interest on and current principal
requirements of any outstanding bonds or certificates issued for the acquisition or improvement
thereof, and to make payment of interest on any mortgage heretofore made. Revenues in excess
of the foregoing requirements shall be applied to finance the extension or improvement of the
airport or other air navigation facilities.
History: 1945 c 303 s 16; 1978 c 674 s 58; 1981 c 209 s 13; 1Sp1981 c 4 art 1 s 166; 1984 c
593 s 37; 1Sp1989 c 1 art 5 s 26; 1994 c 587 art 5 s 19
360.038 SPECIFIC POWERS OF MUNICIPALITY.
    Subdivision 1. Acquisition of property. In addition to the general powers in sections
360.011 to 360.076, conferred, and without limitation thereof, a municipality which has
established or may hereafter establish airports, restricted landing areas, or other air navigation
facilities, or which has acquired or set apart, or may hereafter acquire or set apart, real property
for such purpose or purposes is hereby authorized:
    Subd. 2. Construction or improvement. To vest authority for the construction, enlargement,
improvement, maintenance, equipment, operation, and regulation thereof in an officer, a board
or body of such municipality, now existing or hereafter provided for pursuant to law or charter,
by ordinance or resolution which shall prescribe the powers and duties of such officer, board, or
body. The expense of such construction, enlargement, improvement, maintenance, equipment,
operation, and regulation shall be a responsibility of the municipality.
    Subd. 3. Adopt rules, regulations, and ordinances. To adopt and amend all needful rules,
regulations, and ordinances for the management, government, and use of any properties under
its control, whether within or without the territorial limits of the municipality; to appoint airport
guards or police, with full police powers; to fix by ordinance or resolution, as may be appropriate,
penalties for the violation of said rules, regulations, and ordinances and enforce said penalties in
the same manner in which penalties prescribed by other rules, regulations, and ordinances of the
municipality are enforced. For the purposes of such management and government and direction of
public use, such part of all highways, roads, streets, avenues, boulevards, and territory as adjoins
or lies within one mile of the limits of any airport or restricted landing area acquired or maintained
under the provisions of sections 360.011 to 360.076, shall be under like control and management
of the municipality. It may also adopt and enact rules, regulations, and ordinances designed
to safeguard the public upon or beyond the limits of private airports or landing strips within
such municipality or its police jurisdiction against the perils and hazards of instrumentalities
used in aerial navigation. Rules, regulations, and ordinances shall be published as provided by
general law or the charter of the municipality for the publication of similar rules, regulations,
and ordinances. They must conform to and be consistent with the laws of this state and the rules
of the commissioner and shall be kept in conformity, as nearly as may be, with the then current
federal legislation governing aeronautics and the regulations duly promulgated thereunder and
rules and standards issued from time to time pursuant thereto.
    Subd. 4. Leased property. To lease for a term not exceeding 30 years such airports or other
air navigation facilities or real property acquired or set apart for airport purposes, to private
parties, any municipal or state government or the national government, or any department
of either thereof, for operation; to lease or assign for a term not exceeding 99 years to private
parties, any municipal or state government, or the national government, or any department of
either thereof, for operation or use consistent with the purposes of sections 360.011 to 360.076,
space, area, improvements, or equipment on such airports; notwithstanding any other provisions
in this subdivision, to lease ground area for a term not exceeding 99 years to private persons
for the construction of structures which in its opinion are essential and necessary to serve
aircraft, persons, and things engaged in or incidental to aeronautics, including but not limited
to shops, hangars, offices, restaurants, hotels, motels, factories, storage space, and any and all
other structures necessary or essential to and consistent with the purposes of sections 360.011 to
360.076, to sell any part of such airports, other air navigation facilities, or real property to any
municipal or state government, or to the United States or any department or instrumentality
thereof, for aeronautical purposes incidental thereto, and to confer the privileges of concessions of
supplying upon its airports goods, commodities, things, services, and facilities; provided that in
each case in so doing the public is not deprived of its rightful, equal, and uniform use thereof.
    Subd. 5. Sell or lease property. (1) To sell or lease any property, real or personal, acquired
for airport purposes and belonging to the municipality, which, in the judgment of its governing
body, may not be required for aeronautic purposes, in accordance with the laws of this state, or the
provisions of the charter of the municipality, governing the sale or leasing of similar municipally
owned property.
(2) The proceeds of sale of any property the purchase price of which was obtained by the
sale of bonds shall be deposited in the sinking fund from which funds have been authorized to be
taken to finance such bonds. In the event all the proceeds of such sale are not needed to pay the
principal of said bonds remaining unpaid, the remainder shall be paid into the general fund of
the municipality. The proceeds of sales of property the purchase price of which was paid from
appropriations shall be paid into the general fund of the municipality.
    Subd. 6. Determine rental charge. To determine the charges or rental for the use of any
properties under its control and the charges for any services or accommodations and the terms
and conditions under which such properties may be used; provided that in all cases the public is
not deprived of its rightful, equal, and uniform use of such property. Charges shall be reasonable
and uniform for the same class of service and established with due regard to the property and
improvements used and the expense of operation to the municipality. The municipality shall
have and may enforce liens, as provided by law for liens and enforcement thereof, for repairs
to or improvement or storage or care of any personal property, to enforce the payment of any
such charges.
    Subd. 7. Exercise general and special powers. To exercise all powers necessarily incidental
to the exercise of the general and special powers herein granted.
History: 1945 c 303 s 17; 1957 c 380 s 1; 1978 c 674 s 58; 1985 c 248 s 70; 1991 c 350
art 1 s 22; 2007 c 138 s 15
360.039 FEDERAL AID.
    Subdivision 1. Acceptance by municipality. Every municipality is authorized, subject to
the provisions of section 360.0161, to accept, receive, receipt for, disburse, and expend federal
and state money and other money, public or private, made available by grant or loan or both to
accomplish, in whole or in part, any of the purposes of this act. All federal money accepted under
this section shall be accepted and expended by the municipality upon such terms and conditions
as are prescribed by the United States and as are consistent with state law; and all state money
accepted under this section shall be accepted and expended by the municipality upon such terms
and conditions as are prescribed by the state. Unless otherwise prescribed by the agency from
which such money was received, the chief financial officer of the municipality shall, on its behalf
deposit all money received pursuant to this section and shall keep it, in separate funds designated
according to the purposes for which the money was made available, in trust for such purposes.
    Subd. 2. Commissioner as financial agent. A municipality is authorized to designate the
commissioner as its agent to accept, receive, receipt for, and disburse federal and state money
and other money, public or private, made available by grant or loan or both to accomplish,
in whole or in part, any of the purposes of this act; and to designate the commissioner as its
agent in contracting for and supervising the planning, acquisition, development, construction,
improvement, maintenance, equipment, or operation of any airports or other air navigation
facility. Such municipality may enter into an agreement with the commissioner prescribing the
terms and conditions of the agency in accordance with such terms and conditions as are prescribed
by the United States, if federal money is involved, and in accordance with the applicable laws
of this state. All federal money accepted under this section by the commissioner shall be
accepted and transferred or expended by the commissioner upon such terms and conditions as
are prescribed by the United States.
    Subd. 3. Contract. All contracts for the planning, acquisition, construction, enlargement,
improvement, maintenance, equipment, or operation of airports or other air navigation facilities,
made by the municipality itself or through the agency of the commissioner, shall be made pursuant
to the laws of this state governing the making of like contracts; provided, however, that where
such planning, acquisition, construction, improvement, enlargement, maintenance, equipment, or
operation is financed wholly or partly with federal money, the municipality, or the commissioner
as its agent, may let contracts in the manner prescribed by the federal authorities, acting under
the laws of the United States, and any rules or regulations made thereunder, notwithstanding
any other state law to the contrary.
History: 1945 c 303 s 18; 1947 c 175 s 6
360.041 AIRPORT ON WATER AND RECLAIMED LAND.
    Subdivision 1. Acquisition. The powers herein granted to a municipality to establish and
maintain airports shall include the power to establish and maintain such airports in, over, and upon
any public waters of this state within the limits or jurisdiction of or bordering on the municipality,
any submerged land under such public waters, and any artificial or reclaimed land which before
the artificial making or reclamation thereof constituted a portion of the submerged land under
such public waters, and as well the power to construct and maintain terminal buildings, landing
floats, causeways, roadways, and bridges for approaches to or connecting with the airport, and
landing floats and breakwaters for the protection of any such airport.
    Subd. 2. Incidental powers. All the other powers herein granted municipalities with
reference to airports on land are granted to them with reference to such airports in, over, and upon
public waters, submerged land under public waters, and artificial or reclaimed land.
History: 1945 c 303 s 19
360.042 JOINT OPERATION; JOINT POWERS BOARD.
    Subdivision 1. Municipalities may act jointly. All powers, rights, and authority granted to
any municipality in sections 360.011 to 360.076, may be exercised and enjoyed by two or more
municipalities, or by this state and one or more municipalities therein, acting jointly, either within
or without the territorial limits of either or any of said municipalities and within or without this
state or any municipality therein acting jointly with any other state or municipality therein, either
within or without this state; provided the laws of such other state permit such joint action. If the
United States government approves, such joint action may be taken by this state and the Dominion
of Canada or its governmental subdivisions.
    Subd. 2. State may act as municipality. For the purposes of this section only, unless another
intention clearly appears or the context otherwise requires, this state shall be included in the term
"municipality," and all the powers conferred upon municipalities in sections 360.011 to 360.076,
if not otherwise conferred by law, are hereby conferred upon this state when acting jointly with
any municipality or municipalities. Where reference is made to the "governing body" of a
municipality, that term shall mean, as to the state, the commissioner.
    Subd. 3. Concurrent action. Any two or more municipalities may enter into agreements
with each other, duly authorized by ordinance or resolution, as may be appropriate, for joint
action pursuant to the provisions of this section. Concurrent action by the governing bodies of the
municipalities involved shall constitute joint action.
    Subd. 4. Provisions of joint agreements. Each such agreement shall specify its term; the
proportionate interest which each municipality shall have in the property, facilities, and privileges
involved; and the proportion of preliminary costs, of costs of acquisition, establishment,
construction, enlargement, improvement, and equipment, and of expenses of maintenance,
operation, and regulation to be borne by each; and make such other provisions as may be
necessary to carry out the provisions of this section. It shall provide for amendments thereof and
for conditions and methods of termination, for the disposition of all or any part of the property,
facilities, and privileges jointly owned if said property, facilities, and privileges, or any part
thereof, shall cease to be used for the purposes herein provided or if the agreement shall be
terminated, and for the distribution of the proceeds received upon any such disposition, and of any
funds or other property jointly owned and undisposed of, and the assumption or payment of any
indebtedness arising from the joint venture which remains unpaid, upon any such disposition or
upon a termination of the agreement.
    Subd. 5. Establishment of board. Municipalities acting jointly as herein authorized shall
create a board from the inhabitants of such municipalities for the purpose of acquiring property
for establishing, constructing, enlarging, improving, maintaining, equipping, operating, and
regulating the airports and other air navigation facilities and airport protection privileges to be
jointly acquired, controlled, and operated. Such board shall consist of members to be appointed
by the governing body of each municipality involved, the number to be appointed by each to be
provided for by the agreement for the joint venture. Each member shall serve for such time and
upon such terms as to compensation, if any, as may be provided for in the agreement.
    Subd. 6. Organization of board. Each such board shall organize, select officers for terms to
be fixed by the agreement, and adopt and from time to time amend rules of procedure.
    Subd. 7. Powers of board. Such board may exercise, on behalf of the municipalities acting
jointly by which it is appointed, all the powers of each of such municipalities granted by sections
360.011 to 360.076, except as herein provided. Real property, airports, restricted landing areas,
air protection privileges, or personal property costing in excess of a sum to be fixed by the
joint agreement may be acquired, and condemnation proceedings may be instituted, only by
authority of the governing bodies of each of the municipalities involved. The total amount of
expenditures to be made by the board for any purpose in any calendar year shall be determined by
the municipalities involved by the approval by each on or before the preceding December 1st
of a budget for the ensuing calendar year. Rules provided for by section 360.038, subdivision 3,
shall become effective only upon approval of each of the appointing governing bodies. No real
property and no airport, other air navigation facility, or air protection privilege, owned jointly,
shall be disposed of by the board, by sale, lease, or otherwise, except by authority of all the
appointing governing bodies, but the board may lease space, area, or improvements and grant
concessions on airports for aeronautical purposes or purposes incidental thereto, subject to the
provisions of section 360.038, subdivision 4.
    Subd. 8. Enacting ordinances. Each municipality, acting jointly with another, pursuant to
the provisions of this section, is authorized and empowered to enact, concurrently with the other
municipalities involved, such ordinances as are provided for by section 360.038, subdivision 3,
and to fix by such ordinances penalties for the violation thereof, which ordinances, when so
concurrently adopted, shall have the same force and effect within the municipalities and on any
property jointly controlled by them or adjacent thereto, whether within or without the territorial
limits of either or any of them, as ordinances of each municipality involved, and may be enforced
in any one of said municipalities in like manner as are its individual ordinances. The consent of
the commissioner to any such ordinance, where the state is a party to the joint venture, shall be
equivalent to the enactment of the ordinance by a municipality. The publication provided for
in section 360.038, subdivision 3, shall be made in each municipality involved in the manner
provided by law or charter for publication of its individual ordinances.
    Subd. 9. Condemnation proceeding. Condemnation proceedings shall be instituted in the
names of the municipalities jointly, and the property acquired shall be held by the municipalities
as tenants in common. The provisions of section 360.032, subdivision 2, shall apply to such
proceedings.
    Subd. 10. Joint fund. For the purpose of providing funds for necessary expenditures in
carrying out the provisions of this section, a joint fund shall be created and maintained, into
which each of the municipalities involved shall deposit its proportionate share as provided by
the joint agreement. Funds to be deposited shall be provided for by bond issues, tax levies,
and appropriations made by each municipality in the same manner as though it were acting
separately under the authority of sections 360.011 to 360.076. However, a municipality may
issue bonds on behalf of other parties to the joint agreement, which shall be treated as being
issued by each of the parties in proportion to their respective proportionate share as provided
by the joint agreement. Each municipality shall also pay into the fund the revenues obtained
from the ownership, control, and operation of the airports and other air navigation facilities
jointly controlled, to be expended as provided in section 360.037, subdivision 3. Revenues in
excess of cost of maintenance and operating expenses of the joint properties shall be divided as
may be provided in the original agreement for the joint venture. When a county and a city are
parties to a joint agreement as provided in subdivision 1 and the city is located in whole or in part
within the geographic boundaries of the county, then the county's proportionate share shall be
based on the net tax capacity of all property within the county, excepting the net tax capacity of
that property located within the city, and any levy for airport purposes by the county shall not
be levied against taxable property in the city, other than a levy under section 475.61 to pay debt
service on general obligation bonds of the county.
    Subd. 11. Disbursements. All disbursements from such fund shall be made by order of the
board in accordance with such rules and regulations and for such purposes as the appointing
governing bodies, acting jointly, shall prescribe.
    Subd. 12. Specific performance. Specific performance of the provisions of any joint
agreement entered into as provided for in this section may be enforced as against any party
thereto by the other party or parties thereto.
    Subd. 13. Joint operation in Canada. Subject to approval by the United States government,
the powers set forth herein shall also apply to any joint airport agreement between the state of
Minnesota and the Dominion of Canada or its governmental subdivisions.
    Subd. 14. Airports out of state; application of state law. Any airport located outside
this state shall be treated under this chapter as an airport located within this state if that airport
is acquired, constructed, operated, or maintained pursuant to a joint agreement between a
municipality in this state and an adjoining state or municipality therein. The commissioner shall
not expend state money to pay the cost of any project at any such airport except to assist a
municipality in this state to pay its share of the costs of the project as set forth in a joint agreement.
History: 1945 c 303 s 20; 1975 c 224 s 2,3; 1977 c 211 s 1; 1978 c 674 s 58; 1985 c 248 s
70; 1994 c 587 art 5 s 20
360.043 ASSISTANCE TO OTHER MUNICIPALITY.
Whenever the governing body of any municipality determines that the public interest and the
interests of the municipality will be served by assisting any other municipality in exercising the
powers and authority granted by sections 360.011 to 360.076, such first-mentioned municipality
is expressly authorized and empowered to furnish such assistance by gift, or lease with or without
rental, of real property, by the donation, lease with or without rental, or loan of personal property,
and by the appropriation of money, which may be provided for by taxation or the issuance of
bonds in the same manner as funds might be provided for the same purposes if the municipality
were exercising the powers heretofore granted in its own behalf.
History: 1945 c 303 s 21; 1978 c 674 s 58
360.044 COUNTY AUTHORITY.
    Subdivision 1. Public purpose. The purposes of sections 360.011 to 360.076 are specifically
declared to be county purposes as well as generally public, governmental, and municipal.
    Subd. 2. County powers. The powers therein granted to all municipalities are specifically
declared to be granted to counties in this state, any other statute to the contrary notwithstanding.
History: 1945 c 303 s 22; 1978 c 674 s 58
360.045 JURISDICTION EXCLUSIVE.
Every airport and other air navigation facility controlled and operated by any municipality,
or jointly controlled and operated pursuant to the provisions of sections 360.011 to 360.076,
shall, subject to federal and state laws, rules, and regulations, be under the exclusive jurisdiction
and control of the municipality or municipalities controlling and operating it, and no other
municipality in which such airport or air navigation facility is situated shall have any police
jurisdiction of the same or any authority to charge or exact any license fees or occupation taxes
for the operations thereon. Such municipality or municipalities shall have concurrent jurisdiction
over the adjacent territory described in section 360.038, subdivision 3.
History: 1945 c 303 s 23; 1978 c 674 s 58
360.046 REQUIREMENTS FOR CLOSURE OF MUNICIPAL AIRPORT.
    Subdivision 1. Definition of municipal airport. For the purposes of this section, "municipal
airport" is an airport owned by a county, city, town, or joint powers board within the meaning
of section 360.042, exclusive of an airport formed and operated by the Metropolitan Airports
Commission pursuant to sections 473.601 to 473.680.
    Subd. 2. Notice of intent to close provided to commissioner. The owner of a municipal
airport shall provide written notice to the commissioner of intent to close the airport. Notice must
be provided to the commissioner before or immediately upon cessation of operations at the airport.
    Subd. 3. Preservation of airport property; penalty. For 180 days following receipt by
the commissioner of the notice described in subdivision 2, the municipality may not abandon,
significantly alter, demolish, or convey airport property. The commissioner must assess a
municipality that is in violation a civil penalty of $1,000 for each day of the 180-day period that it
remains in violation. Proceeds of the penalty must be deposited in the state airports fund.
    Subd. 4. Public notice and hearing. The owner of a municipal airport shall schedule a public
hearing to take place within 90 days following the giving of notice to the commissioner of intent
to close. The owner of the airport shall provide public notice within the municipality served by the
airport a minimum of 30 days before the hearing. At the hearing, the municipality shall present
information concerning the airport closing, and the public must have the opportunity to comment.
    Subd. 5. Impact evaluation. Before the public hearing, the commissioner shall prepare a
written evaluation of the impact on the airport system of the closure of the municipal airport.
The commissioner shall make the evaluation available to the municipality and to the public
in advance of the hearing.
History: 2004 c 250 s 1

AIRPORT ZONING

360.061 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 360.061 to 360.074.
    Subd. 2. Airport. The term "airport" includes a restricted landing area.
    Subd. 3. Municipality. "Municipality" does not include a county unless the county owns or
controls an airport, in which case such county may exercise all the powers granted by said sections
to other municipalities. It specifically includes a town, the Metropolitan Airports Commission
established and operated pursuant to chapter 473, and the state of Minnesota.
    Subd. 4. County. "County" includes "counties."
History: 1945 c 303 s 24; 1951 c 116 s 1; 1979 c 302 s 1
360.062 AIRPORT HAZARD PREVENTION; PROTECTING EXISTING
NEIGHBORHOOD.
(a) It is hereby found that an airport hazard endangers the lives and property of users of the
airport and of occupants of land in its vicinity, and may reduce the size of the area available for
the landing, takeoff, and maneuvering of aircraft, thereby impairing the utility of the airport and
the public investment therein. It is also found that the social and financial costs of disrupting
existing land uses around airports in built up urban areas, particularly established residential
neighborhoods, often outweigh the benefits of a reduction in airport hazards that might result
from the elimination or removal of those uses.
(b) Accordingly, it is hereby declared: (1) that the creation or establishment of an
airport hazard is a public nuisance and an injury to the community served by the airport in
question; (2) that it is therefor necessary in the interest of the public health, public safety,
and general welfare that the creation or establishment of airport hazards be prevented and
that this should be accomplished to the extent legally possible, by exercise of the police
power, without compensation; and (3) that the elimination or removal of existing land uses,
particularly established residential neighborhoods in built-up urban areas, or their designation
as nonconforming uses is not in the public interest and should be avoided whenever possible
consistent with reasonable standards of safety.
(c) It is further declared that the prevention of the creation or establishment of airport hazards
and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport
hazards are public purposes for which political subdivisions may raise and expend public funds
and acquire land or property interests therein.
History: 1945 c 303 s 25; 1978 c 654 s 1
360.063 AIRPORT ZONING; AUTHORITY, PROCEDURE.
    Subdivision 1. Enforcement under police power. (a) In order to prevent the creation or
establishment of airport hazards, every municipality having an airport hazard area within its
territorial limits may, unless a joint airport zoning board is permitted under subdivision 3, adopt,
amend from time to time, administer, and enforce, under the police power and in the manner and
upon the conditions hereinafter prescribed, airport zoning regulations for such airport hazard area,
which regulations may divide such area into zones, and, within such zones, specify the land
uses permitted and regulate and restrict the height to which structures and trees may be erected
or allowed to grow.
(b) For the purpose of promoting health, safety, order, convenience, prosperity, general
welfare and for conserving property values and encouraging the most appropriate use of land, the
municipality may regulate the location, size and use of buildings and the density of population in
that portion of an airport hazard area under approach zones for a distance not to exceed two miles
from the airport boundary and in other portions of an airport hazard area may regulate by land use
zoning for a distance not to exceed one mile from the airport boundary, and by height-restriction
zoning for a distance not to exceed 1-1/2 miles from the airport boundary.
(c) The powers granted by this subdivision may be exercised by metropolitan airports
commissions in contiguous cities of the first class in and for which they have been created.
(d) In the case of airports owned or operated by the state of Minnesota such powers
shall be exercised by the state airport zoning boards or by the commissioner of transportation
as authorized herein.
    Subd. 2.[Repealed, 1976 c 255 s 6]
    Subd. 3. Joint airport zoning board. (a) Where an airport is owned or controlled by a
municipality and an airport hazard area appertaining to the airport is located within the territorial
limits of another county or municipality, the municipality owning or controlling the airport may
request a county or municipality in which an airport hazard area is located:
(1) to adopt and enforce airport zoning regulations for the area in question that conform to
standards prescribed by the commissioner pursuant to subdivision 4; or
(2) to join in creating a joint airport zoning board pursuant to paragraph (b). The owning
or controlling municipality shall determine which of these actions it shall request, except as
provided in paragraph (e) for the Metropolitan Airports Commission. The request shall be made
by certified mail to the governing body of each county and municipality in which an airport
hazard area is located.
(b) Where an airport is owned or controlled by a municipality and an airport hazard area
appertaining to the airport is located within the territorial limits of another county or municipality,
the municipality owning or controlling the airport and the county or other municipality within
which the airport hazard area is located may, by ordinance or resolution duly adopted, create a
joint airport zoning board, which board shall have the same power to adopt, administer, and
enforce airport zoning regulations applicable to the airport hazard area in question as that vested
by subdivision 1 in the municipality within which the area is located. A joint board shall have as
members two representatives appointed by the municipality owning or controlling the airport and
two from the county or municipality, or in case more than one county or municipality is involved
two from each county or municipality, in which the airport hazard is located, and in addition a
chair elected by a majority of the members so appointed. All members shall serve at the pleasure of
their respective appointing authority. Notwithstanding any other provision of law to the contrary,
if the owning and controlling municipality is a city of the first class it shall appoint four members
to the board, and the chair of the board shall be elected from the membership of the board.
(c) If a county or municipality, within 60 days of receiving a request from an owning or
controlling municipality pursuant to paragraph (a), fails to adopt, or thereafter fails to enforce,
the zoning regulations or fails to join in creating a joint airport zoning board, the owning or
controlling municipality, or a joint airport zoning board created without participation by the
subdivisions which fail to join the board, may itself adopt, administer, and enforce airport zoning
regulations for the airport hazard area in question. In the event of conflict between the regulations
and airport zoning regulations adopted by the county or municipality within which the airport
hazard area is located, section 360.064, subdivision 2, applies.
(d) "Owning or controlling municipality," as used in this subdivision, includes:
(1) a joint airport operating board created pursuant to section 360.042 that has been granted
all the powers of a municipality in zoning matters under the agreement creating the board;
(2) a joint airport operating board created pursuant to section 360.042 that has not been
granted zoning powers under the agreement creating the board; provided that the board shall not
itself adopt zoning regulations nor shall a joint airport zoning board created at its request adopt
zoning regulations unless all municipalities that created the joint operating board join to create
the joint zoning board; and
(3) the Metropolitan Airports Commission established and operated pursuant to chapter 473.
(e) The Metropolitan Airports Commission shall request creation of one joint airport zoning
board for each airport operated under its authority.
    Subd. 4. Airport approach. The commissioner may recommend an airport approach plan
for each publicly owned airport in the state and for each privately owned airport of the publicly
owned class and from time to time recommend revisions of the plan. A plan shall indicate the
circumstances in which structures or trees are or would be airport hazards, the airport hazard
area, and what measures should be taken to eliminate airport hazards. The commissioner shall
prescribe airport approach and turning standards for airports of various classes, and airport zoning
regulations adopted by a municipality, county, or joint airport zoning board shall conform to the
standards, except as provided in sections 360.065 and 360.066.
    Subd. 5.[Repealed, 1976 c 255 s 6]
    Subd. 6. Procedure when zoning board fails to act. If a municipality, county, or joint airport
zoning board fails to adopt within a reasonable time airport zoning regulations in accordance with
the provisions of sections 360.011 to 360.076, or adopts regulations or amendments which do
not conform to the standard prescribed by the commissioner, the commissioner may, for the
protection of the public safety, adopt or supplement and from time to time as may be necessary
amend, supplement, or repeal the regulations for the municipality or county until airport zoning
rules provided for in sections 360.011 to 360.076, are adopted by the municipality, county, or joint
airport zoning board. The commissioner shall have the same powers with reference to the airport
zoning regulations as are granted in sections 360.011 to 360.076, to municipalities, administrative
boards, and boards of adjustment. An action of the commissioner taken under this subdivision is
subject to review by the courts as provided in section 360.072.
    Subd. 6a. Review of variance when board of adjustment fails to act. On receiving notice
that an airport zoning variance has been granted by reason of the failure of a board of adjustment
to act on the variance as provided in section 360.067, subdivision 2, the commissioner shall
review the application and may amend or rescind the variance on finding that this action is
required to protect the public safety. No action of the commissioner pursuant to this subdivision
shall be effective unless the commissioner notifies the applicant of that action within 60 days after
receiving notice that the variance was granted. Any action taken by the commissioner pursuant to
this subdivision shall be subject to review by the courts as provided in section 360.072.
    Subd. 7. Airport zoning board for each airport. (a) Where an airport is owned or operated
by the state of Minnesota, a state airport zoning board shall be created for each airport, which
board shall have the same power to adopt, administer, and enforce airport zoning rules applicable
to the airport hazard area of such airport as that vested by subdivision 1 in the municipality. Each
board shall consist of the commissioner of transportation, or a member of staff appointed by the
commissioner, who shall be chair; one member appointed by the county board who may be a
member of the county board, of each county in which an airport hazard area is located; and one
member appointed by the governing body of each municipality located within the area to be zoned.
If the area to be zoned is located entirely within one county and no municipality is located within
the area to be zoned, then the duly designated members shall select a third member who shall be a
resident of the county. The members of such board shall serve for a period of three years beginning
January 1 following their appointment and until their successors are appointed and qualified.
(b) The zoning rules shall be adopted by an order of the board signed by a majority of its
members. Such order shall be published once in a legal newspaper in the county in which the
airport is located and shall become effective ten days following the date of its publication. A copy
of such order shall be filed in the office of the commissioner of transportation and with the county
recorder in each county in which a zoned area is located.
(c) Any person appointed to serve on a state airport zoning board shall be entitled to
reimbursement for travel and other necessary expenses incurred in performance of duties on such
board which shall be paid from the appropriations made to the Department of Transportation.
    Subd. 8. Airport zoning board authority after failure to appoint member. If any
county board or municipality fails to appoint the member to be appointed by it in the creation
of a state airport zoning board within 30 days after requested to do so by the commissioner of
transportation, the state airport zoning board, consisting of the remaining members in case more
than one county is involved, or the commissioner of transportation in case no board is created,
shall have the same power to adopt, administer, and enforce airport zoning rules applicable to an
airport hazard area in such county as that conferred upon the commissioner in subdivision 6.
History: 1945 c 303 s 26; 1951 c 116 s 2-4; 1957 c 610 s 1; 1976 c 166 s 7; 1976 c 181 s
2; 1976 c 255 s 1,2; 1977 c 236 s 1; 1978 c 674 s 58; 1979 c 302 s 2; 1983 c 326 s 4-6; 1985 c
248 s 70; 1986 c 444
360.064 AIRPORT ZONING; COMPREHENSIVE ORDINANCE, CONFLICT.
    Subdivision 1. Comprehensive regulations. In the event that a municipality has adopted, or
hereafter adopts, a comprehensive zoning ordinance regulating, among other things the height of
buildings, any airport zoning regulations applicable to the same area or portion thereof may be
incorporated in and made a part of such comprehensive zoning regulations and be administered
and enforced in connection therewith.
    Subd. 2. Effect when regulations conflict. In the event of conflict between any airport
zoning regulations adopted under sections 360.011 to 360.076, and any other regulations
applicable to the same area, whether the conflict be with respect to the height of structures or
trees, the use of land, or any other matter, and whether such other regulations were adopted by
the municipality which adopted the airport zoning regulations or by some other municipality, the
more stringent limitation or requirement shall govern and prevail.
History: 1945 c 303 s 27; 1978 c 674 s 58
360.065 AIRPORT ZONING; ADOPTION AND APPROVAL OF PROPOSED
REGULATIONS.
    Subdivision 1. Notice of proposed zoning regulations, hearing. No airport zoning
regulations shall be adopted, amended, or changed under sections 360.011 to 360.076, except by
action of the governing body of the municipality or county in question, or the boards provided for
in section 360.063, subdivisions 3 and 7, or by the commissioner as provided in subdivisions 6
and 8, after public hearings, at which parties in interest and citizens shall have an opportunity to
be heard. A public hearing shall be held on the proposed regulations before they are submitted for
approval to the commissioner and after that approval but before final adoption by the local zoning
authority. Notice of a hearing required pursuant to this subdivision shall be published by the local
zoning authority at least three times during the period between 15 days and five days before the
hearing in an official newspaper and in a second newspaper designated by that authority which has
a wide general circulation in the area affected by the proposed regulations. The notice shall not be
published in the legal notice section of a newspaper. Notice of a hearing shall also be mailed to
the governing body of each political subdivision in which property affected by the regulations
is located. Notice shall be given by mail at least 15 days before each hearing to any persons in
municipalities that own land proposed to be included in safety zone A or B as provided in the
rules of the Department of Transportation and to persons or municipalities that have previously
requested such notice from the authority. For the purpose of giving mailed notice, the authority
may use any appropriate records to determine the names and addresses of owners. A copy of the
notice and a list of the owners and addresses to which the notice was sent shall be attested to by
the responsible person and shall be made a part of the records of the proceedings. The failure to
give mailed notice to individual property owners, or defects in the notice, shall not invalidate
the proceedings; provided a bona fide attempt to comply with this subdivision has been made.
A notice shall describe the property affected by the proposed regulations and the restrictions to
be imposed on the property by the regulations and shall state the place and time at which the
proposed regulations are available for public inspection.
    Subd. 2. Regulations submitted to commissioner. Prior to adopting zoning regulations
for an airport hazard area under sections 360.011 to 360.076, the municipality, county, or joint
airport zoning board which is to adopt the regulations shall submit its proposed regulations to the
commissioner in order that the commissioner may determine whether it conforms to the standards
prescribed by the commissioner. The commissioner shall immediately examine the proposed
regulations and report to the municipality, county, or joint airport zoning board the commissioner's
approval, or objections, if any. If objections are made by the commissioner on the ground that
the regulations do not conform to the standards prescribed by the commissioner for the class of
airport involved, the municipality, county, or joint zoning board shall make amendments as are
necessary to meet the objections unless it demonstrates that the social and economic costs of
restricting land uses in accordance with the standards outweigh the benefits of a strict application
of the standards. The governing body of the municipality or county or the joint airport zoning
board shall not adopt the regulations or take other action until the proposed regulations are
approved by the commissioner. The commissioner may approve local zoning ordinances that are
more stringent than the standards. A copy of the regulations as adopted shall be filed with the
county recorder in each county in which the zoned area is located.
Substantive rights existing prior to the passage of this subdivision and previously exercised
are not affected by the filing of the regulations.
    Subd. 3.[Repealed, 2007 c 64 s 3]
History: 1945 c 303 s 28; 1951 c 116 s 5; 1957 c 272 s 1,2; 1976 c 181 s 2; 1978 c 674 s 58;
1979 c 302 s 3; 1983 c 326 s 7; 1986 c 444; 2006 c 261 s 3
360.066 AIRPORT ZONING; MINIMUM STANDARDS, LAND USES.
    Subdivision 1. Reasonableness. Standards of the commissioner defining airport hazard
areas and the categories of uses permitted and airport zoning regulations adopted under sections
360.011 to 360.076, shall be reasonable, and none shall impose a requirement or restriction
which is not reasonably necessary to effectuate the purposes of sections 360.011 to 360.076. In
determining what minimum airport zoning regulations may be adopted, the commissioner and a
local airport zoning authority shall consider, among other things, the character of the flying
operations expected to be conducted at the airport, the location of the airport, the nature of the
terrain within the airport hazard area, the existing land uses and character of the neighborhood
around the airport, the uses to which the property to be zoned are planned and adaptable, and
the social and economic costs of restricting land uses versus the benefits derived from a strict
application of the standards of the commissioner.
    Subd. 1a. Protection of existing neighborhood. (a) In order to ensure the minimum
disruption of existing land uses, particularly established residential neighborhoods in built-up
urban areas, the airport zoning standards of the commissioner and the local airport zoning
ordinances or regulations adopted under sections 360.061 to 360.074 shall distinguish between
the creation or establishment of a use and the elimination of an existing use, and shall avoid the
elimination, removal, or reclassification of existing uses to the extent consistent with reasonable
standards of safety. The standards of the commissioner shall include criteria for determining when
an existing land use may constitute an airport hazard so severe that considerations of public safety
outweigh the public interest in preventing disruption to that land use.
(b) No airport zoning standards or local airport zoning ordinances or regulations shall be
adopted pursuant to sections 360.061 to 360.074 that classify as a nonconforming use or require
such classification with respect to any low-density residential structure or isolated low-density
residential building lots existing on January 1, 1978 in an established residential neighborhood.
(c) A local airport zoning authority may classify a land use described in paragraph (b) as an
airport hazard if that authority finds that this classification is justified by considerations of public
safety and is consistent with the airport zoning standards of the commissioner. Any land use
described in paragraph (b) which is classified as an airport hazard shall be acquired, altered, or
removed at public expense.
(d) The provisions of this subdivision shall not be construed to affect the classification
of any land use under any zoning ordinances or regulations not adopted pursuant to sections
360.061 to 360.074.
    Subd. 1b. Amendment of standards. Within nine months after March 29, 1978, the
commissioner shall amend the standards defining airport hazard areas and categories of uses
permitted therein to conform with the requirements of Laws 1978, chapter 654. Until the
commissioner adopts amended standards as required by this subdivision the unamended standards,
insofar as they require classification of any residential property as a nonconforming use contrary
to the provisions of subdivision 1a, paragraph (b), shall be without force or effect.
    Subd. 2. Nonconforming use. No airport zoning regulations adopted under sections 360.011
to 360.076 shall require the removal, lowering, or other change or alteration of any structure or
tree not conforming to the regulations when adopted or amended, or otherwise interfere with the
continuance of any nonconforming use, except as provided in section 360.067.
History: 1945 c 303 s 29; 1978 c 654 s 2-4; 1978 c 674 s 58; 1983 c 326 s 8
360.067 AIRPORT ZONING PERMIT, VARIANCE; ADMINISTRATIVE AGENT.
    Subdivision 1. Permits. (a) Airport zoning regulations adopted under sections 360.011 to
360.076 may require that a permit be obtained before a new structure or use may be constructed or
established and before an existing use or structure may be substantially changed or substantially
altered or repaired. In any event, all regulations shall provide that before a nonconforming
structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow
higher, or replanted, a permit must be secured from the administrative agency authorized to
administer and enforce the regulations, authorizing the replacement, change, or repair. No permit
shall be granted that would allow the establishment or creation of an airport hazard or permit a
nonconforming structure or tree or nonconforming use to be made or become higher or become a
greater hazard to air navigation than it was when the applicable regulation was adopted or than it
is when the application for a permit is made.
(b) Whenever the administrative agency determines that a nonconforming use or
nonconforming structure or tree has been abandoned or more than 80 percent torn down,
deteriorated, or decayed: (1) no permit shall be granted that would allow the structure or tree
to exceed the applicable height limit or otherwise deviate from the zoning regulations; and
(2), whether application is made for a permit under this subdivision or not, the agency may
by appropriate action compel the owner of the nonconforming structure or tree, at the owner's
expense, to lower, remove, reconstruct, or equip the object as may be necessary to conform to the
regulations. If the owner of the nonconforming structure or tree neglects or refuses to comply
with the order for ten days after notice of the order, the agency may proceed to have the object
lowered, removed, reconstructed, or equipped and assess the cost and expense upon the object of
the land where it is or was located. Unless an assessment is paid within 90 days from the service
of notice on the agent or owner of the object or land, the sum will bear interest at the rate of eight
percent per annum until paid, and shall be collected in the same manner as are general taxes.
(c) Except as provided in this subdivision, all applications for permits shall be granted.
    Subd. 2. Variance. Any person desiring to erect any structure, or increase the height of any
structure, or permit the growth of any tree, or otherwise use the person's property in violation
of airport zoning regulations adopted under this chapter, may apply to the board of adjustment,
hereinafter provided for, for a variance from the zoning regulations in question. If a person
submits an application for a variance by certified mail to the members of the board and the
board fails to grant or deny the variance within four months after the last member receives the
application, the variance shall be deemed to be granted by the board. When the variance is
granted by reason of the failure of the board to act on the variance, the person receiving the
variance shall notify the board and the commissioner of transportation by certified mail that the
variance has been granted. The applicant shall include a copy of the original application for the
variance with this notice to the commissioner. The variance shall be effective 60 days after this
notice is received by the commissioner subject to any action taken by the commissioner pursuant
to section 360.063, subdivision 6. Such variances shall be allowed where a literal application or
enforcement of the regulations would result in practical difficulty or unnecessary hardship and
the relief granted would not be contrary to the public interest but do substantial justice and be
in accordance with the spirit of the regulations and this chapter; provided, any variance may be
allowed subject to any reasonable conditions that the board of adjustment may deem necessary to
effectuate the purposes of Laws 1945, chapter 303.
    Subd. 3. Hazard marking and lighting. In granting any permit or variance under this
section, the administrative agency or board of adjustment may, if it deems such action advisable
to effectuate the purposes of sections 360.011 to 360.076, and reasonable in the circumstances, so
condition such permit or variance as to require the owner of the structure or tree in question to
permit the municipality, at its own expense, to install, operate, and maintain thereon such markers
and lights as may be necessary to indicate to flyers the presence of an airport hazard.
    Subd. 4. Administrative agent, appointment. In the case of an airport owned or operated
by the state, the state airport zoning board adopting the zoning regulations for such airport, or the
commissioner of transportation in case the zoning regulations are adopted by the commissioner as
provided herein, shall appoint a local governmental official of a governmental unit in which the
airport hazard area is located as the administrative agent. The governmental official so appointed
is hereby authorized and directed as part of official duties to exercise the powers and duties of the
administrative agency as described in sections 360.067 and 360.069.
History: 1945 c 303 s 30; 1951 c 116 s 6; 1976 c 166 s 7; 1976 c 255 s 3; 1977 c 236 s 2;
1978 c 674 s 58; 1983 c 326 s 9; 1986 c 444
360.068 APPEAL OF AIRPORT ZONING DECISION.
    Subdivision 1. When granted. Any person aggrieved, or taxpayer affected, by any decision
of an administrative agency made in its administration of airport zoning regulations adopted
under sections 360.011 to 360.076, or any governing body of a municipality or county, or any
joint airport zoning board, which is of the opinion that a decision of such an administrative
agency is an improper application of airport zoning regulations of concern to such governing
body or board, may appeal to the board of adjustment authorized to hear and decide appeals from
the decisions of such administrative agency.
    Subd. 2. Within reasonable time. All appeals taken under this section must be taken within
a reasonable time, as provided by the rules of the board, by filing with the agency from which the
appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The agency
from which the appeal is taken shall forthwith transmit to the board all the papers constituting the
record upon which the action appealed from was taken.
    Subd. 3. Stay. An appeal shall stay all proceedings in furtherance of the action appealed
from, unless the agency from which the appeal is taken certifies to the board, after the notice of
appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its
opinion, cause imminent peril to life or property. In such cases proceedings shall not be stayed
otherwise than by order of the board on notice to the agency from which the appeal is taken
and on due cause shown.
    Subd. 4. Hearing; notice. The board shall fix a reasonable time for the hearing of appeals,
give public notice and due notice to the parties in interest, and decide the same within a reasonable
time. Upon the hearing any party may appear in person or by agent or by attorney.
    Subd. 5. Decision and order. The board may, in conformity with the provisions of sections
360.011 to 360.076, reverse or affirm wholly or partly, or modify, the order, requirement,
decision, or determination appealed from and may make such order, requirement, decision, or
determination as ought to be made, and to that end shall have all the powers of the administrative
agency from which the appeal is taken.
History: 1945 c 303 s 31; 1978 c 674 s 58
360.069 AIRPORT ZONING ADMINISTRATION.
All airport zoning regulations adopted under sections 360.011 to 360.076 shall provide for
the administration and enforcement of such regulations by an appropriate permit-issuing agency,
which may be an agency created by such regulations or any official, board, or other existing
agency of the municipality or county adopting the regulations, or of one of the municipalities
or counties which participated in the creation of the joint airport zoning board adopting the
regulations if satisfactory to the other municipalities and counties, or in case of a Metropolitan
Airports Commission a committee appointed by the commission with equal representation from
each of the counties in and for which it is created; but in no case shall such agency be or include
any member of the board of adjustment. The duties of any administrative agency designated
pursuant to sections 360.011 to 360.076 shall include that of hearing and deciding all permits
under section 360.067, subdivision 1, but such agency shall not have or exercise any of the powers
herein delegated to the board of adjustment.
History: 1945 c 303 s 32; 1976 c 255 s 4; 1978 c 674 s 58
360.071 BOARD OF ADJUSTMENT.
    Subdivision 1. Powers. All airport zoning regulations adopted under sections 360.011 to
360.076 shall provide for a board of adjustment to have and exercise the following powers:
(1) to hear and decide appeals from any order, requirement, decision, or determination made
by the administrative agency in the enforcement of the airport zoning regulations, as provided
in section 360.068;
(2) to hear and decide any special exceptions to the terms of the airport zoning regulations
upon which such board may be required to pass under such regulations; and
(3) to hear and decide specific variances under section 360.067, subdivision 2.
    Subd. 2. Membership. Where a zoning board of appeals or adjustment already exists, it may
be appointed as the board of adjustment. Otherwise, the board of adjustment shall consist of five
members, each to be appointed for a term of three years by the authority adopting the regulations
and to be removable by the appointing authority for cause, upon written charges and after public
hearing. In the case of a Metropolitan Airports Commission, five members shall be appointed
by the commission from the area in and for which the commission was created, any of whom
may be members of the commission. In the case of an airport owned or operated by the state of
Minnesota, the board of commissioners of the county, or counties, in which the airport hazard
area is located shall constitute the airport board of adjustment and shall exercise the powers
and duties of such board as provided herein.
    Subd. 3. Majority control. The concurring vote of a majority of the members of the board of
adjustment shall be sufficient to reverse any order, requirement, decision, or determination of
the administrative agency, or to decide in favor of the applicant on any matter upon which it is
required to pass under the airport zoning regulations, or to effect any variation in such regulations.
    Subd. 4. Rules and procedures. The board shall adopt rules in accordance with the
provisions of the ordinance or resolution by which it was created. Meetings of the board shall
be held at the call of the chair and at such other times as the board may determine. The chair,
or if absent, the acting chair, may administer oaths and compel the attendance of witnesses. All
hearings of the board shall be public. The board shall keep minutes of its proceedings, showing the
vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and
shall keep records of its examinations and other official actions, all of which shall immediately be
filed in the office of the board and shall be a public record. Upon their appointment the members
of any board of adjustment shall select a chair to act at the pleasure of the board.
History: 1945 c 303 s 33; 1951 c 116 s 7; 1976 c 255 s 5; 1978 c 674 s 58; 1986 c 444
360.072 JUDICIAL REVIEW.
    Subdivision 1. Appeal. Any person aggrieved, or taxpayer affected, by any decision of
a board of adjustment, or of any action of the commissioner taken under section 360.063,
subdivisions 6 or 6a
, or any governing body of a municipality or county, or any joint airport zoning
board, which believes that a decision of a board of adjustment or action of the commissioner is
illegal may appeal in accordance with chapter 14.
    Subd. 2.[Repealed, 1983 c 247 s 219]
    Subd. 3.[Repealed, 1983 c 247 s 219]
    Subd. 4.[Repealed, 1983 c 247 s 219]
    Subd. 5.[Repealed, 1983 c 247 s 219]
    Subd. 6. Allowance of costs. Costs shall not be allowed against the board of adjustment or
the commissioner unless it appears to the court that the board or the commissioner acted with
gross negligence, in bad faith, or with malice, in making the decision appealed from.
    Subd. 7. Unconstitutional taking; application to other real property. In any case in
which airport zoning regulations adopted under sections 360.011 to 360.076, although generally
reasonable, are held by a court to interfere with the use or enjoyment of a particular structure
or parcel of land to such an extent, or to be so onerous in their application to such a structure
or parcel of land, as to constitute a taking or deprivation of that property in violation of the
Constitution of this state or the Constitution of the United States, such holding shall not affect the
application of such regulations as to other structures and parcels of land.
History: 1945 c 303 s 34; 1977 c 236 s 3; 1978 c 674 s 58; 1983 c 247 s 142; 1986 c 444
360.073 VIOLATIONS, PENALTIES, AND REMEDIES.
Every person who shall construct, establish, substantially change, or substantially alter or
repair any existing structure or use, or permit the growth of any tree, without having complied
with the provisions of section 360.067 or who, having been granted a permit or variance under the
provisions of section 360.067, shall construct, establish, substantially change, or substantially alter
or repair any existing growth or structure, or permit the growth of any tree, except as permitted by
such permit or variance, or who shall violate any of the ordinances, regulations, orders, or rulings
promulgated or made pursuant to section 360.063 shall be guilty of a misdemeanor, and each day
a violation continues to exist shall constitute a separate offense. In addition, the municipality,
county, or commissioner adopting zoning regulations under sections 360.011 to 360.076, may
institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any
violation of sections 360.011 to 360.076, or of airport zoning regulations adopted under sections
360.011 to 360.076, or of any order or ruling made in connection with their administration or
enforcement, and the court shall adjudge to the plaintiff such relief, by way of injunction (which
may be mandatory) or otherwise, as may be proper under all the facts and circumstances of
the case, in order fully to effectuate the purposes of sections 360.011 to 360.076, and of the
regulations adopted and orders and rulings made pursuant thereto.
History: 1945 c 303 s 35; 1971 c 23 s 24; 1978 c 674 s 58
360.074 ACQUISITION OF AIR RIGHTS.
In any case in which (1) it is desired to remove, lower, or otherwise terminate a
nonconforming structure or use, or (2) the approach protection necessary cannot, because of
constitutional limitations, be provided by airport zoning regulations under sections 360.011
to 360.076, or (3) it appears advisable that the necessary approach protection be provided by
acquisition of property rights rather than by airport zoning regulations, the municipality within
which the property or nonconforming use is located or the municipality owning the airport or
served by it may proceed under section 360.032, subdivision 3, to acquire such easements through
or other interest in air spaces over land or water, interests in airport hazards outside the boundaries
of the airport, and such other airport protection privileges as are necessary to effectuate the
purposes of sections 360.011 to 360.076.
History: 1945 c 303 s 36; 1978 c 674 s 58

AIRCRAFT USE VIOLATIONS

360.075 VIOLATIONS, PENALTIES.
    Subdivision 1. Misdemeanor. Every person who:
(1) operates an aircraft either on or over land or water in this state without the consent of
the owner of such aircraft;
(2) operates aircraft while in the possession of any federal license, certificate, or permit or
any certificate of registration issued by the Transportation Department of this state, or displays,
or causes or permits to be displayed, such federal license, certificate, or permit or such state
certificate of registration, knowing either to have been canceled, revoked, suspended, or altered;
(3) lends to, or knowingly permits the use of by, one not entitled thereto of any federal
airman's or aircraft license, certificate, or permit, or any state airman's or aircraft certificate of
registration issued to that person;
(4) displays or represents as the person's own any federal airman's or aircraft license,
certificate, or permit or any state airman's or aircraft certificate of registration not issued to that
person;
(5) tampers with, climbs upon or into, makes use of, or navigates any aircraft without the
knowledge or consent of the owner or person having control thereof, whether while the same
is in motion or at rest, or hurls stones or any other missiles at aircraft, or the occupants thereof,
or otherwise damages or interferes with the same, or places upon any portion of any airport any
object, obstruction, or other device tending to injure aircraft or parts thereof;
(6) uses a false or fictitious name, gives a false or fictitious address, knowingly makes any
false statement or report, or knowingly conceals a material fact, or otherwise commits a fraud
in any application or form required under the provisions of sections 360.011 to 360.076, or
by any rules or orders of the commissioner;
(7) operates any aircraft in such a manner as to indicate either a willful or a wanton disregard
for the safety of persons or property;
(8) carries on or over land or water in this state in an aircraft other than a public aircraft any
explosive substance except as permitted by the Federal Explosives Act, being the Act of October
6, 1917, as amended by Public Law 775, 77th Congress, approved November 24, 1942;
(9) discharges a gun, pistol, or other weapon in or from any aircraft in this state except as
the hunting of certain wild animals from aircraft may be permitted by other laws of this state, or
unless the person is the pilot or officer in command of the aircraft or a peace officer or a member
of the military or naval forces of the United States, engaged in the performance of duty;
(10) carries in any aircraft, other than a public aircraft, any shotgun, rifle, pistol, or small
arms ammunition except in the manner in which such articles may be lawfully carried in motor
vehicles in this state, or is a person excepted from the provisions of clause (9);
(11) engages in acrobatic or stunt flying without being equipped with a parachute and without
providing any other occupants of the aircraft with parachutes and requiring that they be worn;
(12) while in flying over a thickly inhabited area or over a public gathering in this state,
engages in trick or acrobatic flying or in any acrobatic feat;
(13) except while in landing or taking off, flies at such low levels as to endanger persons on
the surface beneath, or engages in advertising through the playing of music or transcribed or oral
announcements, or makes any noise with any siren, horn, whistle, or other audible device which is
not necessary for the normal operation of the aircraft, except that sound amplifying devices may
be used in aircraft when operated by or under the authority of any agency of the state or federal
government for the purpose of giving warning or instructions to persons on the ground;
(14) drops any object, except loose water, loose fuel, or loose sand ballast, without the
prior written consent of the commissioner of transportation and the prior written consent of the
municipality or property owner where objects may land; drops objects from an aircraft that
endanger person or property on the ground, or drops leaflets for any purpose whatsoever; or
(15) while in flight in an aircraft, whether as a pilot, passenger, or otherwise, endangers,
kills, or attempts to kill any birds or animals or uses any aircraft for the purpose of concentrating,
driving, rallying, or stirring up migratory waterfowl;
except as may be permitted by other laws of this state, shall be guilty of a misdemeanor.
    Subd. 2. Gross misdemeanor. Every person who shall commit any of the acts specified in
subdivision 1 for a second or other subsequent time shall be guilty of a gross misdemeanor.
    Subd. 3.[Repealed, 1963 c 753 art 2 s 17]
    Subd. 4.[Repealed, 1965 c 45 s 73]
    Subd. 5. Careless or reckless operation. Every person who operates an aircraft in the air or
on the ground or water, in a careless or reckless manner so as to endanger the life or property
of another shall be guilty of a misdemeanor.
    Subd. 6. Additional penalties for certain violations. For any violation of subdivisions 1
and 5, section 360.0752, or of any rule issued pursuant to section 360.015, in addition to the
penalties provided in this section or section 360.0752, or as a condition to the suspension of a
sentence which may be imposed pursuant thereto, the court in its discretion may prohibit the
violator from operating an aircraft within the state for such period as it may determine, but not to
exceed one year. Violation of the duly imposed prohibition of the court may be punished as a
contempt of court. Upon a plea of guilty or conviction under said sections, in any case involving
an airman, the court shall issue an order prohibiting the airman from exercising, in the state of
Minnesota, the privileges granted to the airman by federal certificate for a period, in the discretion
of the court, not to exceed one year, and shall notify the commissioner of any action involving a
violation under this section or section 360.0752 by mailing a report to the commissioner showing
the name and address of the violator, the offense charged, the time and place of violation, the
plea, the finding of the court or jury, and the penalty imposed.
    Subd. 7.[Repealed, 1990 c 602 art 6 s 6]
History: 1945 c 303 s 37; 1947 c 175 s 7; 1951 c 115 s 1,2; 1963 c 138 s 1; 1971 c 165 s 2;
1974 c 8 s 4; 1976 c 166 s 7; 1978 c 674 s 58; 1985 c 248 s 70; 1986 c 444; 1990 c 602 art 6 s 2,3
360.0751 [Repealed, 1990 c 602 art 6 s 6]
360.0752 AIRCRAFT OPERATOR UNDER INFLUENCE OF ALCOHOL OR
CONTROLLED SUBSTANCE.
    Subdivision 1. Definitions. As used in this section and section 360.0753:
(1) "operate" includes the acts of all crew members with responsibility to operate the aircraft;
(2) "controlled substance" has the meaning given in section 152.01, subdivision 4; and
(3) "hazardous substance" means any chemical or chemical compound that is listed as a
hazardous substance in rules adopted under chapter 182.
    Subd. 2. Crime; acts prohibited. (a) It is a crime for any person to operate or attempt to
operate an aircraft on or over land or water within this state or over any boundary water of this
state under any of the following conditions:
(1) when the person is under the influence of alcohol;
(2) when the person is under the influence of a controlled substance;
(3) when the person is under the influence of a combination of any two or more of the
elements named in clauses (1), (2), and (6);
(4) when the person's alcohol concentration is 0.04 or more;
(5) when the person's alcohol concentration as measured within two hours of the time of
operation or attempted operation is 0.04 or more;
(6) when the person is knowingly under the influence of a hazardous substance that affects
the nervous system, brain, or muscles of the person so as to substantially impair the person's
ability to operate the aircraft;
(7) when the person's body contains any amount of a controlled substance listed in schedule I
or II, other than marijuana or tetrahydrocannabinols; or
(8) within eight hours of having consumed any alcoholic beverage or used any controlled
substance.
(b) If proven by a preponderance of the evidence, it shall be an affirmative defense to a
violation of paragraph (a), clause (7), that the defendant used the controlled substance according to
the terms of a prescription issued for the defendant in accordance with sections 152.11 and 152.12.
    Subd. 2a. Refusal to submit to testing; crime. It is a crime for any person to refuse to
submit to a chemical test of the person's blood, breath, or urine under section 360.0753.
    Subd. 3. Allowing operation by violator. It is a crime for any person to knowingly permit
any individual who is in violation of subdivision 2 to operate any aircraft owned by or in the
custody or control of the person.
    Subd. 4. Arrest. A peace officer may lawfully arrest a person for violation of subdivision 2
without a warrant upon probable cause, without regard to whether the violation was committed in
the officer's presence. The express grant of arrest powers in this subdivision does not limit the
arrest powers of peace officers pursuant to sections 626.65 to 626.70 or section 629.40 in cases of
arrests for violation of subdivision 2 or any other provision of law.
    Subd. 5. Evidence. Upon the trial of any prosecution arising out of acts alleged to have
been committed by any person arrested for operating or attempting to operate an aircraft in
violation of subdivision 2, the court may admit evidence of the presence or amount of alcohol,
controlled substances, or hazardous substances in the person's blood, breath, or urine as shown by
an analysis of those items.
Evidence of the refusal to take a test is admissible into evidence in a prosecution under
this section.
If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation
of subdivision 2, clause (5), that the defendant consumed a sufficient quantity of alcohol after the
time of the violation and before the administration of the evidentiary test to cause the defendant's
alcohol concentration to exceed 0.04; provided, that this evidence may not be admitted unless
notice is given to the prosecution prior to the omnibus or pretrial hearing in the matter.
The foregoing provisions do not limit the introduction of any other competent evidence
bearing upon the question whether or not the person violated this section, including tests obtained
more than two hours after the alleged violation and results obtained from partial tests on an
infrared breath-testing instrument. A result from a partial test is the measurement obtained by
analyzing one adequate breath sample, as defined in section 360.0753, subdivision 4, paragraph
(b).
    Subd. 6. Criminal penalties. (a) A person who violates subdivision 2, paragraph (a), clause
(8), or subdivision 3, is guilty of a misdemeanor.
(b) A person who violates subdivision 2, paragraph (a), clauses (1) to (7), or subdivision 2a,
is guilty of a gross misdemeanor.
(c) The attorney in the jurisdiction in which the violation occurred who is responsible
for prosecution of misdemeanor violations shall also be responsible for prosecution of gross
misdemeanor violations of this section.
    Subd. 7. Preliminary screening test. When a peace officer has reason to believe that a person
may be violating or has violated subdivision 2, the officer may require the person to provide a
sample of the person's breath for a preliminary screening test using a device approved by the
commissioner of public safety or the commissioner of transportation for this purpose. The results
of this preliminary screening test shall be used for the purpose of deciding whether to require the
tests authorized in section 360.0753, but shall not be used in any court action except to prove that
a test was properly required of a person pursuant to section 360.0753. Following the screening
test, additional tests may be required of the person pursuant to the provisions of section 360.0753.
A person who refuses to furnish a sample of the person's breath is subject to the provisions of
section 360.0753 unless, in compliance with section 360.0753, the person submits to a blood,
breath, or urine test to determine the presence or amount of alcohol, controlled substances, or
hazardous substances.
History: 1990 c 602 art 6 s 4; 1992 c 570 art 4 s 1,2; 1996 c 442 s 25-29
360.0753 TESTING PROCEDURES.
    Subdivision 1. Peace officer defined. For purposes of this section, the term "peace officer"
means an employee of a political subdivision or state law enforcement agency who is licensed
by the Minnesota Board of Peace Officers Standards and Training, who is charged with the
prevention and detection of crime and the enforcement of the general criminal laws of the
state, and who has full power of arrest, and shall also include the Minnesota State Patrol and
Metropolitan Airports Commission peace officers, but does not include employees of the
Department of Natural Resources.
    Subd. 2. Implied consent; conditions; election of test. (a) Any person who operates
or attempts to operate an aircraft in or over this state or over any boundary water of this state
consents, subject to the provisions of this section and section 360.0752, to a chemical test of that
person's blood, breath, or urine for the purpose of determining the presence or amount of alcohol,
controlled substances, or hazardous substances. The test shall be administered at the direction of a
peace officer. The test may be required of a person when an officer has probable cause to believe
the person was operating or attempting to operate an aircraft in violation of section 360.0752
and one of the following conditions exists:
(1) the person has been lawfully placed under arrest for violation of section 360.0752;
(2) the person has been involved in an aircraft accident or collision resulting in property
damage, personal injury, or death;
(3) the person has refused to take the screening test provided for by section 360.0752;
(4) the screening test was administered and recorded an alcohol concentration of 0.04 or
more or the presence of a controlled substance listed in schedule I or II other than marijuana or
tetrahydrocannabinols; or
(5) the officer had probable cause to believe that the person was operating or attempting to
operate an aircraft with any amount of alcohol present in the person's body.
(b) At the time a test is requested, the person shall be informed:
(1) that Minnesota law requires the person to take a test to determine the presence or
amount of alcohol or a controlled substance listed in schedule I or II other than marijuana or
tetrahydrocannabinols, or to determine if the person is under the influence of alcohol, controlled
substances, or hazardous substances;
(2) that whether a test is taken or refused, the person may be subject to criminal prosecution
for an alcohol, controlled substance, or hazardous substance-related offense relating to the
operation of an aircraft;
(3) that if testing is refused, the person may be subject to criminal prosecution because
the person refused testing and the person will be disqualified from operating an aircraft for a
minimum period of one year;
(4) if the peace officer has probable cause to believe the person has violated the criminal
vehicular homicide and injury laws, that a test will be taken with or without the person's consent;
and
(5) that the person has the right to consult with an attorney, but that this right is limited to the
extent that it cannot unreasonably delay administration of the test.
(c) The peace officer who requires a test pursuant to this subdivision may direct whether the
test shall be of blood, breath, or urine. Action may be taken against a person who refuses to take a
blood test only if an alternative test was offered, and action may be taken against a person who
refuses to take a urine test only if an alternative test was offered.
    Subd. 3. Requirement of urine or blood test. Notwithstanding subdivision 2, a blood or
urine test may be required even after a breath test has been administered if there is probable
cause to believe that: (1) there is impairment by a controlled substance or hazardous substance
that is not subject to testing by a breath test; or (2) a controlled substance listed in schedule I or
II, other than marijuana or tetrahydrocannabinols, is present in the person's body. Action may
be taken against a person who refuses to take a blood test under this subdivision only if a urine
test was offered, and action may be taken against a person who refuses to take a urine test only
if a blood test was offered.
    Subd. 4. Breath test using infrared breath-testing instrument. (a) In the case of a breath
test administered using an infrared or other approved breath-testing instrument, as defined in
section 169A.03, subdivision 11, the test shall consist of analyses in the following sequence: one
adequate breath sample analysis, one control analysis, and a second, adequate breath sample
analysis.
(b) In the case of a test administered using an infrared or other approved breath-testing
instrument, a sample is adequate if the instrument analyzes the sample and does not indicate the
sample is deficient.
(c) For purposes of this section, when a test is administered using an infrared or other
approved breath-testing instrument, failure of a person to provide two separate, adequate breath
samples in the proper sequence constitutes a refusal.
    Subd. 5. Consent of person incapable of refusal not withdrawn. A person who is
unconscious or who is otherwise in a condition rendering the person incapable of refusal is
deemed not to have withdrawn the consent provided by subdivision 2 and the test may be given.
    Subd. 6. Manner of making test; additional test. (a) Only a physician, medical technician,
physician's trained mobile intensive care paramedic, registered nurse, medical technologist, or
laboratory assistant acting at the request of a peace officer may withdraw blood for the purpose of
determining the presence or amount of alcohol, controlled substances, or hazardous substances.
This limitation does not apply to the taking of a breath or urine sample. The person tested has the
right to have someone of the person's own choosing administer a chemical test or tests in addition
to any administered at the direction of a peace officer; provided, that the additional test sample
on behalf of the person is obtained at the place where the person is in custody, after the test
administered at the direction of a peace officer, and at no expense to the state.
(b) The failure or inability to obtain an additional test or tests by a person shall not preclude
the admission in evidence of the test taken at the direction of a peace officer unless the additional
test was prevented or denied by the peace officer.
(c) The physician, medical technician, physician's trained mobile intensive care paramedic,
medical technologist, laboratory assistant, or registered nurse drawing blood at the request of a
peace officer for the purpose of determining the presence or concentration of alcohol, controlled
substances, or hazardous substances shall in no manner be liable in any civil or criminal action
except for negligence in drawing the blood. The person administering a breath test shall be fully
trained in the administration of breath tests pursuant to training given by the commissioner of
public safety or the commissioner of transportation.
    Subd. 7. Refusal to permit test; cease and desist order. If a person under arrest refuses to
permit chemical testing, none shall be given, but the commissioner of transportation, upon the
receipt of a certificate of the peace officer that the officer had reasonable and probable grounds to
believe the arrested person had been operating or attempting to operate an aircraft in violation of
section 360.0752 and that the person had refused to permit the test, shall issue a cease and desist
order prohibiting the operation of an aircraft for a period of one year. However, if a peace officer
has probable cause to believe that the person has violated section 609.21, a test may be required
and obtained despite the person's refusal. When a test is obtained pursuant to this section after the
person refused to submit to testing, the commissioner of transportation shall issue a cease and
desist order under this section based on the person's refusal.
    Subd. 8. Notice of cease and desist order; request for hearing. No cease and desist order
under subdivision 7 shall be made until the commissioner notifies the person by certified mail of
intention to issue a cease and desist order and allows the person a 20-day period after the date of
receiving the notice to request of the commissioner, in writing, a hearing as herein provided. If
no request is filed within the 20-day period, the commissioner may then issue a cease and desist
order. However, if a request for hearing is filed, no cease and desist order shall be made until final
judicial determination resulting in an adverse decision to the person.
    Subd. 9. Hearing. The hearing shall be before a district court in the county where the arrest
occurred, unless there is agreement that the hearing may be held in some other county. The
hearing shall be recorded and proceed as in a criminal matter, without the right of trial by jury,
and its scope shall cover the issues of whether the peace officer had reasonable and probable
grounds to believe the person was operating or attempting to operate an aircraft in violation of
section 360.0752; whether the person was lawfully placed under arrest; whether the person
refused to permit the test, and if the person refused whether the person had reasonable grounds
for refusing to permit the test; and whether at the time of request for the test the peace officer
informed the person that the right to fly will be denied if the person refused to permit the test and
of the right to have additional tests made by someone of the person's own choosing. The court
shall order either that the denial be rescinded or sustained and refer the order to the commissioner
of transportation for further action.
    Subd. 10. Notice of action to other governments. When it has been finally determined that
a nonresident's privilege to operate an aircraft in this state has been denied, the commissioner
shall give information in writing of the action taken to the appropriate federal authorities and any
state in which the nonresident operates an aircraft or has a license to operate an aircraft.
History: 1990 c 602 art 6 s 5; 1992 c 570 art 4 s 3-5; 1996 c 442 s 30-32; 2003 c 96 s 5
360.076 CITATION, AERONAUTICS CODE.
Sections 360.011 to 360.076 may be cited as the "Aeronautics Code."
History: 1943 c 653 s 23
360.101 [Repealed, 1975 c 13 s 147]
360.102    Subdivision 1.[Repealed, 1975 c 13 s 147]
    Subd. 2.[Repealed, 1975 c 13 s 147]
    Subd. 3.[Repealed, 1975 c 13 s 147]
    Subd. 4.[Repealed, 1975 c 13 s 147]
    Subd. 5.[Repealed, 1975 c 13 s 147]
    Subd. 6.[Repealed, 1975 c 13 s 147]
    Subd. 7.[Repealed, 1975 c 13 s 147]
    Subd. 8.[Repealed, 1975 c 13 s 147]
    Subd. 9.[Repealed, 1975 c 13 s 147]
    Subd. 10.[Repealed, 1953 c 734 s 4]
    Subd. 11.[Repealed, 1975 c 13 s 147]
360.103 [Repealed, 1975 c 13 s 147]
360.104    Subdivision 1.[Repealed, 1975 c 13 s 147]
    Subd. 2.[Repealed, 1975 c 13 s 147]
    Subd. 3.[Repealed, 1975 c 13 s 147]
    Subd. 4.[Repealed, 1975 c 13 s 147]
    Subd. 5.[Repealed, 1974 c 455 s 34]
    Subd. 5a.[Repealed, 1975 c 13 s 147]
    Subd. 6.[Repealed, 1974 c 455 s 34]
360.105    Subdivision 1.[Repealed, 1975 c 13 s 147]
    Subd. 2.[Repealed, 1974 c 455 s 34]
    Subd. 2a.[Repealed, 1975 c 13 s 147]
    Subd. 3.[Repealed, 1974 c 455 s 34]
    Subd. 4.[Repealed, 1975 c 13 s 147]
360.106 [Repealed, 1975 c 13 s 147]
360.107 [Repealed, 1975 c 13 s 147]
360.1071 [Repealed, 1975 c 13 s 147]
360.108 [Repealed, 1975 c 13 s 147]
360.109 [Repealed, 1975 c 13 s 147]
360.111 [Repealed, 1975 c 13 s 147]
360.112 [Repealed, 1975 c 13 s 147]
360.113    Subdivision 1.[Repealed, 1975 c 13 s 147]
    Subd. 2.[Repealed, 1974 c 455 s 34]
    Subd. 3.[Repealed, 1974 c 455 s 34]
    Subd. 4.[Repealed, 1969 c 9 s 103]
    Subd. 5.[Repealed, 1974 c 455 s 34]
360.114 [Repealed, 1975 c 13 s 147]
360.115 [Repealed, 1975 c 13 s 147]
360.116 [Repealed, 1975 c 13 s 147]
360.1161 [Repealed, 1975 c 13 s 147]
360.117 [Repealed, 1975 c 13 s 147]
360.118 [Repealed, 1975 c 13 s 147]
360.119 [Repealed, 1974 c 455 s 34]
360.1191 [Repealed, 1975 c 13 s 147]
360.121 [Repealed, 1975 c 13 s 147]
360.122 [Repealed, 1975 c 13 s 147]
360.123 [Repealed, 1975 c 13 s 147]
360.124 [Repealed, 1975 c 13 s 147]
360.125 [Repealed, 1975 c 13 s 147]
360.126 [Repealed, 1975 c 13 s 147]
360.127 [Repealed, 1975 c 13 s 147]
360.128 [Repealed, 1975 c 13 s 147]
360.129 [Repealed, 1975 c 13 s 147]
360.131 [Repealed, 1975 c 13 s 147]
360.132 [Repealed, 1975 c 13 s 147]
360.133    Subdivision 1.[Repealed, 1975 c 13 s 147]
    Subd. 2.[Repealed, 1975 c 13 s 147]
    Subd. 3.[Repealed, 1973 c 683 s 30]
    Subd. 4.[Repealed, 1975 c 13 s 147]
    Subd. 5.[Repealed, 1975 c 13 s 147]
    Subd. 6.[Repealed, 1975 c 13 s 147]
360.135 [Repealed, 1975 c 13 s 147]
360.141 [Repealed, 1975 c 13 s 147]
360.142 [Repealed, 1975 c 13 s 147]
360.143 [Repealed, 1975 c 13 s 147]
360.144 [Repealed, 1975 c 13 s 147]

RECIPROCITY

360.201 ACQUISITION BY MUNICIPALITY IN ADJOINING STATE.
The governing body of any county, city, town, or other municipality or political subdivision
of an adjoining state, whose laws permit, is hereby authorized to acquire, establish, construct,
own, control, lease, equip, improve, maintain, and operate airports, or restricted landing areas, or
other air navigation facilities in this state, subject to all laws and rules of this state applicable to its
municipalities and other political subdivisions in such aeronautical projects, but subject to the
laws of its own state in all matters relating to financing such projects.
History: 1945 c 175 s 1 subd 1; 1973 c 123 art 5 s 7; 1985 c 248 s 70
360.202 RIGHTS SAME AS MINNESOTA MUNICIPALITY.
Such municipality or other political subdivision of an adjoining state shall have all the rights,
privileges, and duties of like municipalities and political subdivisions of this state, including the
right to exercise the power of eminent domain.
History: 1945 c 175 s 1 subd 2; 2006 c 214 s 20
360.203 RECIPROCAL PROVISIONS.
Sections 360.201 to 360.203 shall not apply unless the laws of such adjoining state shall
permit municipalities and other political subdivisions of this state to acquire, establish, construct,
own, control, lease, equip, improve, maintain, operate, and otherwise control such airports,
restricted landing areas, or other air navigation facilities therein, with all privileges, rights, and
duties applicable to the municipalities and other political subdivisions of such adjoining state in
such aeronautical projects.
History: 1945 c 175 s 1 subd 3

MINNESOTA AERONAUTICS BONDS

360.301 [Repealed, 1Sp1985 c 13 s 376 subd 1]
360.302 [Repealed, 1Sp1985 c 13 s 376 subd 1]
360.303 [Repealed, 1980 c 607 art 14 s 48]
360.304 [Repealed, 1Sp1985 c 13 s 376 subd 1]
360.305 EXPENDITURES FOR AIRPORTS AND NAVIGATION.
    Subdivision 1. Limitations. The money appropriated to the commissioner of transportation
as contemplated by this section shall be used in accordance with this chapter, in amounts not
exceeding the sums specified for individual purposes in the acts making such appropriations.
Unless otherwise provided in any such act, the governor may on the governor's own initiative
or upon application by the commissioner of transportation order a change in the provisional
limitations on the amounts to be expended for the individual purposes specified.
    Subd. 2. Commissioner's order; federal essential air service program. (a) Before
any expenditure of any of the money appropriated pursuant to this section to assist political
subdivisions, municipalities, and public corporations in acquiring, constructing, improving,
maintaining, and operating airports and other air navigation facilities may be authorized,
the commissioner of transportation shall have made, with the approval of the governor, an
order designating the municipalities and airports which are a part of the key airport system,
the intermediate airport system, the landing strip system, and the state system of radio and
navigational aids, in accordance with the definitions and limitations stated in subdivision 3.
(b) The commissioner may use state airports fund money to provide the state's matching
portion required to participate in the federal essential air service program under United States
Code, title 49 App., sections 1301 to 1551, as amended by the Airport and Airway Safety and
Capacity Expansion Act of 1987, Public Law 100-223, section 202.
    Subd. 3. Types of airport systems. (a) Key system airports are those used or intended to be
used by aircraft of all sizes up to and including large multiengine and jet aircraft, not exceeding 40.
(b) Intermediate system airports shall be those used or intended for use by single engine or
light to medium multiengine aircraft and shall include vertical takeoff and landing areas and short
takeoff and landing areas not exceeding 90.
(c) The landing strip system shall consist of those small airports which may be unattended,
sod or hard surfaced and which are used or intended for use by single or multiengine light aircraft,
and not exceeding 65.
(d) The commissioner may amend such order from time to time to expand or modify the
airport system to serve best the interest of the state, subject to the approval of the governor.
    Subd. 4. Costs allocated; local contribution; hangar construction account. (a) Except
as otherwise provided in this subdivision, the commissioner of transportation shall require
as a condition of assistance by the state that the political subdivision, municipality, or public
corporation make a substantial contribution to the cost of the construction, improvement,
maintenance, or operation of the airport, in connection with which the assistance of the state is
sought. These costs are referred to as project costs.
(b) For any airport, whether key, intermediate, or landing strip, where only state and local
funds are to be used, the contribution shall be not less than one-fifth of the sum of:
(1) the project costs;
(2) acquisition costs of the land and clear zones, which are referred to as acquisition costs.
(c) For any airport where federal, state, and local funds are to be used, the contribution shall
not be less than five percent of the sum of the project costs and acquisition costs.
(d) The commissioner may pay the total cost of radio and navigational aids.
(e) Notwithstanding paragraph (b) or (c), the commissioner may pay all of the project costs
of a new landing strip, but not an intermediate airport or key airport, or may pay an amount equal
to the federal funds granted and used for a new landing strip plus all of the remaining project
costs; but the total amount paid by the commissioner for the project costs of a new landing
strip, unless specifically authorized by an act appropriating funds for the new landing strip,
shall not exceed $200,000.
(f) Notwithstanding paragraph (b) or (c), the commissioner may pay all the project costs
for research and development projects, including, but not limited to noise abatement; provided
that in no event shall the sums expended under this paragraph exceed five percent of the amount
appropriated for construction grants.
(g) To receive aid under this section for project costs or for acquisition costs, the municipality
must enter into an agreement with the commissioner giving assurance that the airport will be
operated and maintained in a safe, serviceable manner for aeronautical purposes only for the use
and benefit of the public:
(1) for 20 years after the date that any state funds for project costs are received by the
municipality; and
(2) for 99 years after the date that any state funds for acquisition costs are received by the
municipality. If any land acquired with state funds ceases to be used for aviation purposes, the
municipality shall repay the state airports fund the same percentage of the appraised value of the
property as that percentage of the costs of acquisition and participation provided by the state
to acquire the land.
The agreement may contain other conditions as the commissioner deems reasonable.
(h) The commissioner shall establish a hangar construction revolving account, which shall
be used for the purpose of financing the construction of hangar buildings to be constructed by
municipalities owning airports. All municipalities owning airports are authorized to enter into
contracts for the construction of hangars, and contracts with the commissioner for the financing of
hangar construction for an amount and period of time as may be determined by the commissioner
and municipality. All receipts from the financing contracts shall be deposited in the hangar
construction revolving account and are reappropriated for the purpose of financing construction of
hangar buildings. The commissioner may pay from the hangar construction revolving account 80
percent of the cost of financing construction of hangar buildings. For purposes of this paragraph,
the construction of hangars shall include their design. The commissioner shall transfer up to
$4,400,000 from the state airports fund to the hangar construction revolving account.
(i) The commissioner may pay a portion of the purchase price of any airport maintenance
and safety equipment and of the actual airport snow removal costs incurred by any municipality.
The portion to be paid by the state shall not exceed two-thirds of the cost of the purchase price or
snow removal. To receive aid a municipality must enter into an agreement of the type referred
to in paragraph (g).
(j) This subdivision applies only to project costs or acquisition costs of municipally owned
airports incurred after June 1, 1971.
    Subd. 5. Commissioner's powers. The commissioner of transportation shall cause to
be prepared or supervise the preparation of plans and specifications for the construction,
improvement, and maintenance of all airports and air navigation facilities upon which expenditures
are made pursuant to this section; approve such plans and specifications; supervise and inspect all
work; approve all lawful changes in plans and specifications; approve estimates for payments; and
approve the construction when completed according to such plans and specifications.
    Subd. 6. Zoning required. The commissioner shall not expend money for land acquisition,
or for the construction, improvement, or maintenance of airports, or for air navigation facilities
for an airport, unless the governmental unit involved has or is establishing a zoning authority for
that airport, and the authority has made a good faith showing that it is in the process of and will
complete with due diligence, an airport zoning ordinance in accordance with sections 360.061
to 360.074. The commissioner shall make maximum use of zoning and easements to eliminate
runway and other potential airport hazards rather than land acquisition in fee.
    Subd. 7. Reimbursements to state airports fund. Reimbursements from municipalities for
striping runways shall be deposited in the state airports fund.
History: 1945 c 469 s 5; 1947 c 548 s 1; 1963 c 791 s 5; 1965 c 606 s 1; 1967 c 791 s 1-3;
1969 c 786 s 1,2; 1971 c 706 s 1; 1973 c 760 s 1-3; 1974 c 373 s 1; 1976 c 166 s 7; 1978 c 660 s
3,4; 1981 c 209 s 14; 1981 c 357 s 102,103; 1986 c 444; 1989 c 272 s 1; 1994 c 640 s 2; 1995 c
186 s 72-74; 1999 c 230 s 30; 2002 c 364 s 27; 2004 c 136 s 1; 2005 c 41 s 1
360.306 [Repealed, 1Sp1985 c 13 s 376 subd 1]
360.311 [Repealed, 1963 c 791 s 10]
360.321 [Repealed, 1963 c 791 s 10]
360.331 [Repealed, 1963 c 791 s 10]
360.34 [Obsolete]
360.341 [Repealed, 1963 c 791 s 10]
360.351 [Repealed, 1963 c 791 s 10]
360.361 [Obsolete]
360.371 [Expired]
360.381 [Expired]
360.382 [Expired]
360.383 [Expired]
360.384 [Expired]
360.385 [Expired]
360.386 [Expired]
360.3861 [Expired]
360.387 [Repealed, 1963 c 791 s 10]
360.388 [Repealed, 1Sp1985 c 13 s 376 subd 1]
360.389 [Repealed, 1Sp1985 c 13 s 376 subd 1]

AIRCRAFT REGISTRATION AND TAXATION

360.511 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 360.54 to 360.67, the following words,
terms, and phrases shall have the meanings herein given, unless otherwise specifically defined or
unless another intention clearly appears or the context otherwise requires.
    Subd. 2.[Renumbered subd 27]
    Subd. 3.[Renumbered subd 16]
    Subd. 4. Air commerce. "Air commerce" means the transportation by aircraft of persons or
property for hire in interstate, intrastate, or international transportation on regularly scheduled
flights by airline companies operating under a certificate of convenience and necessity issued by
the United States Civil Aeronautics Board.
    Subd. 5.[Renumbered subd 20]
    Subd. 6.[Renumbered subd 22]
    Subd. 7.[Renumbered subd 26]
    Subd. 8.[Renumbered subd 23]
    Subd. 9.[Renumbered subd 21]
    Subd. 10.[Renumbered subd 25]
    Subd. 11.[Renumbered subd 18]
    Subd. 12.[Renumbered subd 28]
    Subd. 13.[Renumbered subd 19]
    Subd. 14.[Renumbered subd 17]
    Subd. 15.[Renumbered subd 24]
    Subd. 16. Aircraft. "Aircraft" means any contrivance, now known or hereafter invented,
used or designed for navigation of or flight in the air.
    Subd. 17. Aircraft being manufactured or rebuilt. An aircraft being manufactured or
rebuilt is completed as of the date of the initial airworthiness certificate issued thereon by proper
federal authorities.
    Subd. 18. Aircraft manufacturer. "Aircraft manufacturer" means a person, firm, or
corporation engaged in the business of constructing aircraft of a particular design and model for
the purpose of selling the finished product.
    Subd. 19. Aircraft refitter. "Aircraft refitter" means a person, firm, or corporation engaged
in the business of refitting and modifying aircraft.
    Subd. 20. Airline company. "Airline company" means any person who undertakes directly
or indirectly to engage in the business of air commerce.
    Subd. 21. Airports thereof. "Airports thereof" (referring to airports of the state of
Minnesota) includes all airports located in this state owned by the state, by any political
subdivision or municipality thereof, or by any person.
    Subd. 22. Commissioner. "Commissioner" means the commissioner of transportation of
this state.
    Subd. 23. Dealer. "Dealer" means any person regularly engaged in the business of
manufacturing or selling, purchasing, and generally dealing in new or used aircraft, having an
established place of business for the trade, sale, and display thereof and having in possession new
or used aircraft for the purpose of sale or trade.
    Subd. 24. Fiscal year. "Fiscal year" starts July 1 and ends June 30, effective July 1, 1966.
    Subd. 25. Municipality. "Municipality" means a city, a county, or a town in this state and
includes metropolitan airports commissions organized pursuant to the provisions of Laws 1943,
chapter 500.
    Subd. 26. Owner. "Owner" means any person owning or renting an aircraft, or having the
exclusive use thereof, under a lease or otherwise, for a period greater than 30 days.
    Subd. 27. Person. "Person" means any individual, corporation, firm, copartnership, company,
or association, and includes any guardian, trustee, executor, administrator, receiver, conservator,
or any person acting in any fiduciary capacity therefor.
    Subd. 28. Rebuilt aircraft. "Rebuilt aircraft" means airworthy aircraft constructed from
aircraft damaged to an extent that prior to the rebuilding process they were unairworthy.
History: 1945 c 411 s 1; 1955 c 113 s 1-5; 1959 c 446 s 2; 1965 c 161 s 1; 1973 c 123 art 5 s
7; 1974 c 195 s 1; 1976 c 166 s 7; 1986 c 444
360.521 AIRCRAFT TAX LIMITATION AND ELECTION.
(a) None of the provisions of sections 360.531 to 360.67 apply to aircraft or airline
companies used in air commerce which have a certificate of convenience and necessity issued by
the United States Civil Aeronautics Board.
(b) All aircraft of an airline company operating without a certificate of convenience and
necessity issued by the United States Civil Aeronautics Board and with at least three regularly
scheduled interstate flights per week shall be registered annually in the manner prescribed in
sections 360.511 to 360.67 or if the airline company so elects, thereafter, or until an election
otherwise, all of its air flight property shall be assessed annually by the commissioner of revenue
in a manner prescribed by sections 270.071 to 270.079 unless prior to July 1 in the year of election
the airline company has registered and paid a tax under sections 360.511 to 360.67.
(c) If pursuant to paragraph (b) an airline company being taxed pursuant to sections 270.071
to 270.079 registers pursuant to sections 360.511 to 360.67 prior to July 1, then such airline
company will be required to pay one-half of the registration tax which would have been due July 1
in the year of election for an airline company not already being taxed pursuant to sections 270.071
to 270.079, such one-half to be allocable to the last six months of the registration period.
(d) If an airline company registered pursuant to sections 360.511 to 360.67 elects to be
taxed in the manner prescribed by sections 270.071 to 270.079, then such airline company
will be required to pay one-half of the registration tax which would have been due July 1 of
the year of election if the airline company would not have elected to be taxed in the manner
prescribed by sections 270.071 to 270.079, such one-half to be allocable to the first six months
of the registration period.
(e) Written notice of such election shall be given to the commissioner of transportation
and the commissioner of revenue prior to July 1 in the year of election. If an airline company
not already taxed under sections 270.071 to 270.079 fails to make an election, then such airline
company shall register its aircraft and pay a tax under sections 360.511 to 360.67.
History: 1945 c 411 s 2; 1969 c 791 s 1; 1973 c 582 s 3; 1976 c 166 s 7
360.531 TAXATION.
    Subdivision 1. In lieu tax. All aircraft using the air space overlying the state of Minnesota or
the airports thereof, except as set forth in section 360.55, shall be taxed in lieu of all other taxes
thereon, on the basis and at the rate for the period January 1, 1966, to June 30, 1967, and for
each fiscal year as follows.
    Subd. 2. Rate. The tax shall be at the rate of one percent of value; provided that the minimum
tax on an aircraft subject to the provisions of sections 360.511 to 360.67 shall not be less than 25
percent of the tax on said aircraft computed on its base price or $50 whichever is the higher.
    Subd. 3. First year of life. "First year of life" means the year the aircraft was manufactured.
    Subd. 4. Base price for taxation. For the purpose of fixing a base price for taxation from
which depreciation in value at a fixed percent per annum can be counted, such price is defined
as follows:
(a) The base price for taxation of an aircraft shall be the manufacturer's list price.
(b) The commissioner shall have authority to fix the base value for taxation purposes of any
aircraft of which no such similar or corresponding model has been manufactured, and of any
rebuilt or foreign aircraft, any aircraft on which a record of the list price is not available, or
any military aircraft converted for civilian use, using as a basis for such valuation the list price
of aircraft with comparable performance characteristics, and taking into consideration the age
and condition of the aircraft.
    Subd. 5. Similarity of corresponding model. Models shall be deemed similar if substantially
alike and of the same make. Models shall be deemed to be corresponding models for the purpose
of taxation under sections 360.54 to 360.67 if of the same make and having approximately the
same weight and type of frame and the same style and size of motor.
    Subd. 6. Depreciation. After the first year of aircraft life the base value for taxation purposes
shall be reduced as follows: ten percent the second year, and 15 percent the third and each
succeeding year thereafter, but in no event shall such tax be reduced below the minimum.
    Subd. 7. Prorating tax. When an aircraft first becomes subject to taxation during the period
for which the tax is to be paid, the tax on it shall be for the remainder of that period, prorated on a
monthly basis of 1/12 of the annual tax for each calendar month counting the month during which
it becomes subject to the tax as the first month of such period.
    Subd. 8. Tax, fiscal year. Every aircraft subject to the provisions of sections 360.511 to
360.67 which has at any time since April 19, 1945, used the air space overlying the state of
Minnesota or the airports thereof shall be taxed for the period from January 1, 1966, through June
30, 1967, and for each fiscal year thereafter in which it is so used. Any aircraft which does not use
the air space overlying the state of Minnesota or the airports thereof at any time during the period
of January 1, 1966, to and including June 30, 1967, or at any time during any fiscal year thereafter
shall not be subject to the tax provided by sections 360.511 to 360.67 for such period. Rebuilt
aircraft shall be subject to the tax provided by sections 360.511 to 360.67 for that portion of the
aforesaid periods remaining after the aircraft has been rebuilt, prorated on a monthly basis.
    Subd. 9. Assessed as personal property in certain cases. Aircraft subject to taxation under
the provisions of sections 360.54 to 360.67 shall not be assessed as personal property and shall
be subject to no tax except as provided for by these sections. Aircraft not subject to taxation
as provided in these sections, but subject to taxation as personal property within the state of
Minnesota shall be assessed and valued at 33-1/3 percent of the market value thereof and taxed at
the rate and in the manner provided by law for the taxation of ordinary personal property. If the
person against whom any tax has been levied on the ad valorem basis because of any aircraft shall,
during the calendar year for which such ad valorem tax is levied, be also taxed under provisions
of these sections, then and in that event, upon proper showing, the commissioner of revenue shall
grant to the person against whom said ad valorem tax was levied, such reduction or abatement of
net tax capacity or taxes as was occasioned by the so-called ad valorem tax imposed. If the ad
valorem tax upon any aircraft has been assessed against a dealer in new and used aircraft, and the
tax imposed by these sections for the required period is thereafter paid by the owner, then and
in that event, upon proper showing, the commissioner of revenue, upon the application of said
dealer, shall grant to such dealer against whom said ad valorem tax was levied such reduction or
abatement of net tax capacity or taxes as was occasioned by the so-called ad valorem tax imposed.
History: 1945 c 411 s 3; 1949 c 161 s 1-4; 1955 c 113 s 6; 1959 c 446 s 3; 1965 c 161 s 2-6;
1973 c 582 s 3; 1975 c 339 s 8; 1983 c 326 s 10; 1985 c 248 s 55; 1987 c 268 art 14 s 24; 1988 c
719 art 5 s 84; 1989 c 329 art 13 s 20; 1999 c 238 art 2 s 70
360.532 NONRESIDENT COMMERCIAL OPERATION SUBJECT TO TAX.
Any aircraft of which a nonresident has the right to possession and which is used for
commercial operations in this state shall be registered in this state before said aircraft is used for
such commercial operations, except that aircraft used for charter which a nonresident has the right
to possession need not be so registered if while in the state the nonresident does not advertise,
represent, or hold out as giving or offering to provide such service with such aircraft. Aircraft
registered under this section shall not be entitled to a refund under 360.62 except if destroyed
or for errors in computing the tax or fees and for the error on the part of an owner who may
have registered an aircraft that was not before or at the time of such registration, or at any time
thereafter during the current past year, subject to such tax in this state, or the aircraft is sold to a
nonresident who is not engaged in a commercial operation in this state.
History: 1963 c 113 s 1; 1986 c 444
360.54 PRESUMPTION THAT AIRCRAFT SUBJECT TO TAX.
Every aircraft shall be presumed to be one using the air space overlying the state of Minnesota
or the airports thereof, and thence subject to taxation under sections 360.511 to 360.67, if such
aircraft has prior to the effective date of Laws 1945, Chapter 411, used such air space or airports,
or shall actually use them or if it shall come into the possession of an owner in this state, other
than a manufacturer, dealer, warehouse operator, mortgagee, or pledgee and it shall be the burden
of the owner thereof to prove that said aircraft has not in fact used the air space overlying the state
of Minnesota or the airports thereof in order to avoid the payment of the tax as required herein.
History: 1945 c 411 s 4; 1949 c 161 s 5; 1955 c 113 s 7; 1965 c 161 s 7; 1986 c 444
360.55 EXEMPTIONS.
    Subdivision 1. Nonresident, noncommercial operator. Subject to the exceptions set forth
in section 360.532, any aircraft owned by a nonresident of this state and transiently or temporarily
using the air space overlying this state or the airports thereof shall be exempt from taxation under
the provisions of sections 360.511 to 360.67 unless it uses the air space overlying this state or
the airports thereof for more than 60 days in the tax period of January 1, 1966, to and including
June 30, 1967, or any fiscal year thereafter. The operation of an aircraft in the air space overlying
this state or the use of airports within this state for any purpose at any time during one day shall
be considered as use for one complete day. Aircraft owned by nonresidents, on the ground at an
airport in this state for major repairs, shall not be considered as using the airports of this state
while being repaired and while awaiting return to the nonresident owner; provided however, such
waiting period shall not exceed 60 days from completion of the repairs.
    Subd. 2. Transacting official business. Aircraft owned and used solely in the transaction
of official business by representatives of foreign powers, by the federal government, or by the
state or any municipality thereof are exempt from the provisions of sections 360.54 to 360.67
requiring the payment of a tax, but all such aircraft, except those owned by representatives of
foreign powers or by the federal government, must be registered as required by sections 360.54
to 360.67. The exemption herein provided does not apply to any aircraft except those owned by
representatives of foreign powers or by the federal government and except those aircraft as may
be used in general police work, unless the name of the state department or the municipality
owning the aircraft is plainly printed on both sides thereof in letters of a size and character to
be prescribed by the commissioner.
    Subd. 3. Civil air patrol. Any aircraft owned and used solely in the transaction of official
business by any unit of the civil air patrol created by Public Law 476, 79th Congress, Public Law
557, 80th Congress, or acts amendatory thereto, whether or not the title to the aircraft is retained
by the federal government or vested in such unit unconditionally, is exempt from the provisions of
sections 360.54 to 360.57 requiring the payment of tax, but all such aircraft must be registered as
required by sections 360.54 to 360.57.
    Subd. 4. Collector's aircraft. (a) For purposes of this subdivision:
(1) "antique aircraft" means an aircraft constructed by the original manufacturer, or its
licensee, on or before December 31, 1945, with the exception of certain pre-World War II aircraft
models that had only a small post-war production, such as Beechcraft Staggerwing, Fairchild 24,
and Monocoupe; and
(2) "classic aircraft" means an aircraft constructed by the original manufacturer, or its
licensee, on or after January 1, 1946, and has a first year of life that precedes the date of
registration by at least 50 years.
(b) If an antique or classic aircraft is owned and operated solely as a collector's item, its
owner may list it for taxation and registration as follows: A sworn affidavit must be executed
stating (1) the name and address of the owner, (2) the name and address of the person from whom
purchased, (3) the aircraft's make, year, model number, federal aircraft registration number, and
manufacturer's identification number, and (4) that the aircraft is owned and operated solely as
a collector's item and not for general transportation or commercial operations purposes. The
affidavit must be filed with the commissioner along with a fee of $25.
(c) Upon satisfaction that the affidavit is true and correct, the commissioner shall issue to the
applicant a registration certificate. The registration certificate is valid without renewal as long
as the owner operates the aircraft solely as a collector's item.
(d) Should an antique or classic aircraft be operated other than as a collector's item, the
registration certificate becomes void and the owner shall list the aircraft for taxation and
registration in accordance with the other provisions of sections 360.511 to 360.67.
(e) Upon the sale of an antique or classic aircraft, the new owner must list the aircraft for
taxation and registration in accordance with this subdivision, including the payment of a $5
fee to transfer the registration to the new owner, or the other provisions of sections 360.511
to 360.67, whichever is applicable.
(f) In the event of loss or destruction of the registration certificate, and upon receiving and
filing a sworn affidavit of the aircraft owner setting forth the circumstances, together with a fee
of $5, the commissioner shall issue a replacement certificate.
    Subd. 4a. Recreational aircraft; classic license. (a) An aircraft that has a base price for
tax purposes under section 360.531 of $10,000 or less, and that is owned and operated solely for
recreational purposes, may be listed for taxation and registration by executing a sworn affidavit
stating (1) the name and address of the owner, (2) the name and address of the person from whom
purchased, (3) the aircraft's make, year, model number, federal aircraft registration number, and
manufacturer's identification number, and (4) that the aircraft is owned and operated solely as a
recreational aircraft and not for commercial operational purposes. The affidavit must be filed with
the commissioner along with an annual $25 fee.
(b) On being satisfied that the affidavit is true and correct, the commissioner shall issue to the
applicant a registration certificate.
(c) Should the aircraft be operated other than as a recreational aircraft, the owner shall list
the aircraft for taxation and registration and pay the appropriate registration fee under sections
360.511 to 360.67.
(d) If the aircraft is sold, the new owner shall list the aircraft for taxation and registration
under this subdivision, including the payment of the annual $25 fee, or under sections 360.511
to 360.67, whichever is applicable.
    Subd. 5. Substitute aircraft. If an aircraft registered with the state of Minnesota is
temporarily removed from service for a period not to exceed 30 days for maintenance and
repair, and a like or similar aircraft is substituted for it, the substituted aircraft is exempt from
the Minnesota aircraft registration tax during the period of substitution. The exemption is only
permitted if the principal aircraft is removed from the state for maintenance and repair. The
exemption is not permitted if the principal aircraft is removed from service in the state for
scheduling or other purposes.
The owner of the principal aircraft shall notify the commissioner of transportation of the
identity of the principal aircraft being removed from the state, the date of removal, and the
date that the principal aircraft being removed is returned to service in the state of Minnesota.
Similar information shall be reported to the commissioner regarding the substituted aircraft. The
information shall be delivered to the commissioner within five days after removal of the principal
aircraft and within five days after the substitution of the substitute aircraft, as the case may be. No
refunds of aircraft registration taxes shall be made for principal aircraft removed from the state in
accordance with this subdivision.
    Subd. 6. Hot air balloon. Any hot air balloon shall be registered for an annual registration
fee of $25. The registration fee is in lieu of the taxes provided for in sections 360.511 to 360.67.
For the purpose of this subdivision, hot air balloon means any lighter-than-air aircraft that is not
engine driven.
    Subd. 7. Nonresident aircraft used in air show or exposition. A nonresident owner of an
aircraft operated for compensation or hire and used solely for an air show or exposition shall
secure a temporary permit to operate the aircraft from the commissioner or the commissioner's
designee prior to its use in this state. The fee for the temporary permit is $25 and the permit is valid
for not more than three days. The permit fee is in lieu of all other taxes provided for in sections
360.511 to 360.67. An aircraft owned by a nonresident of this state and operated or used in this
state solely for display or exhibition is exempt from the provisions of sections 360.511 to 360.67.
    Subd. 8. Agricultural aircraft. Aircraft registered with the Federal Aviation Administration
as restricted category aircraft used for agricultural purposes must be listed for taxation and
registration upon filing by the owner a sworn affidavit with the commissioner. The affidavit
must state:
(1) the name and address of the owner;
(2) the name and address of the person from whom purchased;
(3) the aircraft's make, year, model number, federal registration number, and manufacturer's
identification number; and
(4) that the aircraft is owned and operated solely for agricultural operations and purposes.
The owner shall file the affidavit and pay an annual fee established under sections 360.511 to
360.67, which must not exceed $500. Should the aircraft be operated other than for agricultural
purposes, the owner shall list the aircraft for taxation and registration under sections 360.511 to
360.67. If the aircraft is sold, the new owner shall list the aircraft for taxation and registration
under this subdivision or under sections 360.511 to 360.67, as applicable.
History: 1945 c 411 s 5; 1949 c 161 s 6; 1955 c 100 s 1; 1957 c 465 s 1; 1963 c 113 s 2;
1965 c 161 s 8; 1965 c 429 s 1; 1978 c 501 s 2; 1980 c 422 s 1; 1981 c 209 s 15; 1986 c 444;
1989 c 272 s 2; 1999 c 238 art 2 s 71; 1999 c 243 art 16 s 23; 2005 c 41 s 2-5
360.56 [Repealed, 1957 c 218 s 1]
360.57 FILING SWORN STATEMENT BY MANUFACTURER.
Every manufacturer of an aircraft sold or offered for sale within this state, either by the
manufacturer, distributor, dealer, or any other person, shall, on or before the first day in August of
each year, file in the office of the commissioner a sworn statement showing the various models
manufactured by the manufacturer and the retail list price of each model being manufactured
August 1 of that year, and shall also file with the commissioner, in such form as manufacturers
usually use for advertising, complete specifications of the construction of each model that
has been manufactured by the manufacturer. Upon each change in such price and upon the
manufacture of each new model thereafter such manufacturer shall in like manner file a new
statement setting forth such change.
History: 1945 c 411 s 7; 1986 c 444
360.58 OPERATION WITHOUT REGISTRATION OR PAYMENT.
Except as exempted by sections 360.54 and 360.55, a person shall not use or operate an
aircraft in the air space over this state or upon any of the airports of this state until the aircraft
has been registered as required in sections 360.54 to 360.67 and the aircraft tax and fees herein
provided have been paid.
History: 1945 c 411 s 8; 1965 c 161 s 9; 1986 c 444; 2005 c 41 s 6
360.59 AIRCRAFT REGISTRATION AND LISTING FOR TAXATION.
    Subdivision 1. Date of listing and application; form. Every owner of aircraft in this state,
except as exempted by sections 360.54 and 360.55, shall, before July 1, in each fiscal year
thereafter, or as soon after such date of becoming the owner thereof, file with the commissioner,
on a blank provided by the commissioner, a listing for taxation and application for the registration
of such aircraft, in such form and stating such information as the commissioner may require.
The said owner shall certify that the statements made are correct and true, and any false
statement willfully and knowingly made in regard thereto shall be deemed a perjury and punished
accordingly. The listing and application for registration by dealers or manufacturers' agents within
the state of aircraft received for sale or use within the state shall be accepted as compliance with
the requirements of sections 360.54 to 360.67 imposed upon the manufacturer.
    Subd. 2. Agent or lienor may list. Any act required herein of an owner may be performed in
the owner's behalf by a duly authorized agent. Any person having a lien upon, or claim to, any
aircraft may pay any tax due thereon to prevent the penalty for delayed registration from accruing,
but the registration certificate shall not be issued until legal ownership is definitely determined.
    Subd. 3. Issuance of certificate. The commissioner shall file such application and upon
approval thereof and upon payment of the aircraft tax as provided in sections 360.54 to 360.67,
together with all arrears and penalties, if any, and upon the delivery to the commissioner of the
duly endorsed registration certificate of the former owner, if any, or proof of loss provided in lieu
thereof, shall assign to it a distinctive number and issue to the owner a registration certificate
which shall contain the name, place of residence, with street and number, if in a city, and post
office address of the owner, a specific description of the aircraft, and the number assigned,
together with a place on the face of the certificate in which the owner shall immediately upon
receipt thereof place the owner's signature and on the reverse side thereof, an assignment and
notice of sale or termination of ownership with places for the signature of both seller and
purchaser, and a place for assignment of the tax that has been paid. The registration certificate
shall be retained by the owner until surrender as herein provided. In the case of listing and
registration by manufacturers' agents or dealers of aircraft not using the air space overlying
the state of Minnesota and the airports thereof no registration certificate shall be issued, but a
duplicate of such list may be retained by the dealer or manufacturer as the registration certificate.
    Subd. 4.[Repealed, 2005 c 41 s 21]
    Subd. 5. Commissioner to approve. The commissioner shall approve applications for
any aircraft. When an applicant is listing the same aircraft for taxation and registration for the
second and succeeding time the registration certificate issued for the prior year need not be
delivered to the commissioner; but in case of a transfer or sale the registration certificate therefor
issued or proof of loss thereof by sworn statement shall be delivered to the commissioner. The
commissioner shall be satisfied from the records that all taxes and fees due hereunder shall have
been paid, and endorsements upon said certificate or sworn proof of loss in writing signed by the
seller and purchaser, shall furnish proof that the applicant for registration is paying or receiving
credit for the tax upon the aircraft of which the applicant is the rightful possessor.
    Subd. 6. Expiration of registration certificate. The registered owner's right to the
registration certificate provided for herein and the right to use the number plates issued therewith
shall expire upon the termination of ownership of any person in the aircraft for which the same
was issued, and in any event at midnight on June 30 of the fiscal year for which the registration
certificate was issued.
    Subd. 7. Transfer of ownership. Upon the transfer of ownership; the destruction, theft, or
dismantling; or the permanent removal by the owner from this state, of any aircraft registered
in accordance with sections 360.511 to 360.67, the right of the owner of the aircraft to use the
registration certificate assigned the aircraft expires. The owner shall forthwith return the certificate
with transportation prepaid to the commissioner with a signed notice of the date and manner of
termination of ownership, giving the name and post office address, with street and number if in a
city, of the person to whom transferred. On becoming the owner by gift, trade, or purchase of any
aircraft for which a registration certificate has been issued under sections 360.511 to 360.67, a
person, including a dealer or manufacturer, shall, within seven days after acquiring ownership,
join with the registered owner in transmitting with an application the registration certificate with
the assignment and notice of sale duly executed upon the reverse side, or in case of loss of the
certificate, with such proof of loss by sworn statements in writing as shall be satisfactory to the
commissioner. Upon the transfer of any aircraft by a manufacturer or dealer, for use within the
state, whether by sale, lease, or otherwise, the manufacturer or dealer shall, within seven days
after the transfer, transmit the transferee's application for registration. The manufacturer or dealer
shall each month file with the commissioner a notice or report containing the date of the transfer,
a description of the aircraft, and the name, street and number of residence if in a city, and post
office address of the transferee.
    Subd. 8. Amendment, suspension, modification, revocation. All registrations are subject
to amendment, suspension, modification, or revocation by the commissioner summarily for any
violation of or neglect to comply with sections 360.511 to 360.67. In any case where the proper
registration of an aircraft is dependent upon procuring information entailing such delay as to
unreasonably deprive the owner of the use of the aircraft, the commissioner may issue a tax
receipt conditionally. In any case when revoking a registration for cause, the commissioner has
the authority to demand the return of the registration certificate.
    Subd. 9.[Repealed, 2005 c 41 s 21]
    Subd. 10. Certificate of insurance. (a) Every owner of aircraft in this state when
applying for registration, reregistration, or transfer of ownership shall supply any information
the commissioner reasonably requires to determine that the aircraft during the period of its
contemplated operation is covered by an insurance policy with limits of not less than $100,000
per passenger seat liability both for passenger bodily injury or death and for property damage; not
less than $100,000 for bodily injury or death to each nonpassenger in any one accident; and not
less than $300,000 per occurrence for bodily injury or death to nonpassengers in any one accident.
The information supplied to the commissioner must include but is not limited to the name and
address of the owner, the period of contemplated use or operation, if any, and, if insurance
coverage is then presently required, the name of the insurer, the insurance policy number, the term
of the coverage, policy limits, and any other data the commissioner requires. No certificate of
registration shall be issued pursuant to subdivision 3 in the absence of the information required
by this subdivision.
    (b) In the event of cancellation of aircraft insurance by the insurer, the insurer shall notify the
Department of Transportation at least ten days prior to the date on which the insurance coverage
is to be terminated. Unless proof of a new policy of insurance is filed with the department meeting
the requirements of this subdivision during the period of the aircraft's contemplated use or
operation, the registration certificate for the aircraft shall be revoked forthwith.
    (c) Nothing in this subdivision shall be construed to require an owner of aircraft to maintain
passenger seat liability coverage on aircraft for which an experimental certificate has been
issued by the administrator of the Federal Aviation Administration pursuant to Code of Federal
Regulations, title 14, sections 21.191 to 21.195 and 91.42, whereunder persons operating the
aircraft are prohibited from carrying passengers in the aircraft. Whenever the aircraft becomes
certificated to carry passengers, passenger seat liability coverage shall be required as provided in
this subdivision.
    (d) The requirements of this subdivision shall not apply to any aircraft built by the original
manufacturer prior to December 31, 1939 and owned and operated solely as a collector's item, if
the owner files an affidavit with the commissioner. The affidavit shall state the owner's name and
address, the name and address of the person from whom the aircraft was purchased, the make,
year, and model number of the aircraft, the federal aircraft registration number, the manufacturer's
identification number, and that the aircraft is owned and operated solely as a collector's item
and not for general transportation purposes.
History: 1945 c 411 s 9; 1949 c 161 s 7-9; 1957 c 146 s 2; 1957 c 147 s 1,2; 1965 c 161 s
10,11; 1969 c 929 s 1; 1969 c 1077 s 1; 1976 c 166 s 7; 1976 c 241 s 3; 1977 c 365 s 3; 1978 c
501 s 1; 1986 c 444; 2005 c 41 s 7-10; 2007 c 79 s 1
NOTE:The amendment to subdivision 10 by Laws 2007, chapter 79, section 1, is effective
January 1, 2009. Laws 2007, chapter 79, section 1, the effective date.
360.595 TAXES PAID BEFORE REGISTRATION AND LICENSING; RULES.
    Subdivision 1. Sales and use tax. No aircraft shall be registered or licensed in this state
unless the applicant presents proof that the sales and use tax imposed by chapter 297A has been
paid or that the aircraft is exempt from the imposition of the sales tax pursuant to that chapter.
    Subd. 2. Payment to dealer. In the case of aircraft purchased from a dealer holding a valid
sales and use tax permit provided for by chapter 297A, the applicant shall present proof that the
sales tax has been paid to such dealer.
    Subd. 3. Payment to others. In the case of an aircraft purchased from a person who is not
the holder of a valid sales and use tax permit as provided in subdivision 2, the applicant shall
present a certificate from the commissioner of revenue that the sales and use tax has been paid.
    Subd. 4. Exemptions. In the case of transactions which are exempt under the provisions of
chapter 297A, the applicant shall present a certificate from the commissioner of revenue that no
sales or use tax is due and owing.
    Subd. 5. Rules. The commissioner of transportation in conjunction with the commissioner of
revenue may adopt rules for the implementation of this section.
History: 1973 c 476 s 2; 1973 c 582 s 3; 1976 c 166 s 7; 1985 c 248 s 70
360.60 REGISTRATION REQUIRED; EXEMPTION; MISDEMEANOR.
    Subdivision 1. Registration required; exemption; perjury. Every aircraft not exempted by
sections 360.54 and 360.55 shall be registered as required by this act whether or not said aircraft
is being used in the air space overlying the state of Minnesota or on the airports thereof. Aircraft
which have become damaged, are unairworthy and not in flying condition, and which have not in
fact used the air space overlying the state of Minnesota or the airports thereof during the period
January 1, 1966, to and including June 30, 1967, or during any fiscal year thereafter, shall not be
subject to the tax provided by this act for such tax periods; provided the owner of such aircraft
shall with the application for registration file with the commissioner a signed statement describing
the aircraft, its condition, and the reason for such aircraft not being in operating condition, and
furnish such other information as may be necessary for the commissioner to determine that the
aircraft is not in fact using the air space overlying the state of Minnesota or the airports thereof.
Any false statement willfully and knowingly made in regard thereto shall be deemed a perjury
and punished accordingly. Upon receipt of such application together with the statement required
herein, the commissioner shall issue to such owner a certificate which shall state thereon that
the tax has not been paid and that the aircraft shall not use the air space overlying the state of
Minnesota or the airports thereof until the tax required by this act has been paid.
    Subd. 2. Misdemeanor. Every aircraft owner who fails or neglects to register the aircraft as
required by this act shall be guilty of a misdemeanor.
History: 1945 c 411 s 10; 1949 c 161 s 10,11; 1965 c 161 s 12; 1969 c 929 s 2; 1986 c 444
360.61 DUE DATE OF TAX; PENALTIES AND FEES.
    Subdivision 1. First registration. The tax required under sections 360.54 to 360.67 to be
paid upon an aircraft is due as soon as the aircraft first uses the air space overlying the state of
Minnesota or the airports within the state, in accordance with section 360.54, and a penalty
shall be assessed upon the expiration of 20 days after the aircraft first uses the air space or the
airports, unless paid.
    Subd. 2. Renewal registration. The tax for that period January 1, 1966, to and including
June 30, 1967, and for each fiscal year, shall be due and payable July 1, and a penalty shall be
assessed upon the expiration of ten days after July 1 of that fiscal year, unless paid.
    Subd. 3. Penalty fees. An owner or person charged with the duty to register an aircraft or pay
a tax payable under the provisions of sections 360.511 to 360.67 who fails or delays to register the
aircraft and pay the tax as required by the provisions of sections 360.511 to 360.67 shall pay to the
commissioner as an added fee for failure or delay after the due date in registering and paying the
tax a penalty fee of $2.50 for the calendar month in which the due date falls plus a monthly penalty
of five percent of the tax due and payable for the tax period for which the penalty is charged, the
monthly penalty to be paid for the first calendar month or a part of that calendar month, after the
month in which the due date falls and for each additional month or a part of that additional month
in which the failure or delay continues; but in no event shall the total added fees and penalties
for the failure or the delay exceed the sum of $200 for the tax period for which the added fee or
penalty is charged. When the last day for payment without penalty of taxes shall fall upon Sunday
or a legal holiday, the taxes may be paid without a penalty on the next succeeding business day.
History: 1945 c 411 s 11; 1957 c 146 s 1; 1963 c 97 s 1; 1963 c 112 s 1; 1965 c 161 s 13;
1980 c 422 s 2
360.62 TAX REFUND.
Except as provided herein the tax upon any aircraft which has been paid for any year, shall
be refunded only for errors made in computing the tax or fees or for the error on the part of an
owner who may in error have registered an aircraft that was not before, nor at the time of such
registration, nor at any time thereafter during the tax period, subject to such tax in this state;
provided that after more than 24 months after such tax was paid no refund shall be made for any
tax paid on any aircraft. Refunds as provided by sections 360.511 to 360.67 shall be made in the
manner provided by Laws 1947, chapter 416. The former owner of a transferred aircraft by an
assignment in writing endorsed upon the former owner's registration certificate and delivered to
the commissioner within the time provided herein may sell and assign to the new owner thereof
the right to have the tax paid by the former owner accredited to such new owner who duly
registers such aircraft. Any owner whose aircraft shall be destroyed or permanently removed from
the state shall be entitled to a refund for the unused portion of the tax paid upon the aircraft so
destroyed or removed from the state, such refund to be computed pro rata by the month, and to be
equal to the monthly tax rate multiplied by the number of full calendar months remaining in the
fiscal year, or multiplied by the number of full calendar months remaining in that period between
January 1, 1966, to and including June 30, 1967, whichever period is applicable.
In order to secure such refund, the aircraft owner shall submit a signed statement that such
aircraft has either been sold out of state or destroyed, the date of such sale or destruction, and
such other information as the commissioner may require. Any false statement willfully and
knowingly made in regard thereto shall be deemed a perjury and punished accordingly. No refund
shall be made if application is not made within 12 months after the date the aircraft was sold out
of state or destroyed.
History: 1945 c 411 s 12; 1949 c 161 s 12; 1963 c 188 s 1; 1965 c 161 s 14; 1969 c 929 s
3; 1986 c 444
360.63 DEALER'S LICENSE.
    Subdivision 1. Qualifications. Any person engaged in the business of selling, purchasing,
or dealing in aircraft, new or used, and who desires to withhold aircraft owned by that person
from tax as provided in sections 360.511 to 360.67, may apply to the commissioner for an aircraft
dealer's license. In order to qualify for an aircraft dealer's license the applicant shall show that
the applicant has an established place of business approved by the commissioner that has the
necessary buildings, facilities, and equipment for the proper storage and maintenance of aircraft
in accordance with such rules as may be established by the commissioner. The commissioner may
charge a fee of $10 for each license, which license shall be effective for one year from the date
of its issuance, or may authorize an aircraft dealer to operate under a flight operator's license as
otherwise provided by this chapter. The commissioner is empowered to suspend or revoke any
license issued by the commissioner on determining that the holder thereof has violated any of
the provisions of sections 360.511 to 360.67 or has failed to maintain any of the requirements
necessary to obtain such license.
    Subd. 2. Aircraft demonstration. Any aircraft owned by an aircraft dealer, licensed under
this section, may be used for the purpose of demonstration or for any purpose incident to the usual
conduct and operation of business as an aircraft dealer; provided the aircraft has been first listed
with the commissioner on an aircraft withholding form provided by the commissioner.
History: 1945 c 411 s 13; 1949 c 161 s 13; 1955 c 113 s 8; 1983 c 293 s 103; 1985 c 248 s
70; 1986 c 444; 1987 c 321 s 6; 2005 c 41 s 11
360.64 AIRCRAFT TAX LIEN; REMEDIES, PROSECUTION.
All taxes imposed under the provisions of this act shall be deemed the personal obligation
of the aircraft owner and the amount of such tax, including added penalties for the nonpayment
thereof, shall be a first lien upon the aircraft taxed, paramount and superior to all other liens
thereon whether previously or subsequently accruing thereon; and, in addition to any other
remedy herein prescribed, the state shall have a right of action against the owner for the recovery
of the amount of any delinquent tax thereon, including the penalties accruing because of the
nonpayment thereof, or for the enforcement of the tax lien thereon hereby declared, or both, in
any court of competent jurisdiction. The county attorney of the county in which such aircraft is
owned shall perform such service in the matter of the commencement and prosecution of such
suit or in the prosecution of any other remedy for the enforcement of such tax as the attorney
general may require.
History: 1945 c 411 s 14; 1949 c 161 s 14
360.65 [Repealed, 1955 c 113 s 11]
360.651 MANUFACTURER, LISTING OF AIRCRAFT.
    Subdivision 1.[Expired]
    Subd. 2. Information required. (a) On the first day of January, April, July, and October
in each year, every manufacturer of aircraft in the state of Minnesota shall complete and file
with the commissioner of transportation not later than 15 days thereafter, a listing of all aircraft
manufactured since the last report, showing for each such aircraft:
(1) the United States registration number, model, and horsepower;
(2) its date of completion;
(3) if it has been sold, the name and address of the purchaser and the date of the sale.
(b) In addition, the listing shall include by United States registration number:
(1) aircraft which were manufactured in a previous quarter and are still in the possession of
the manufacturer; and
(2) aircraft sold that were reported as completed aircraft in the possession of the manufacturer
on the manufacturer's listing for the last quarter, and the name and address of the person to
whom the aircraft was sold.
History: 1955 c 113 s 10; 1976 c 166 s 7; 1986 c 444
360.653 AIRCRAFT REGISTRATION AND TAX EXEMPTIONS.
The following aircraft, under the conditions specified, shall be exempt from the registration
and the tax provided by sections 360.511 to 360.67.
(1) Any aircraft held by a dealer listed and used as provided in section 360.63, except that
aircraft held by dealers on October 1, of each year, shall be registered and the entire tax provided
by sections 360.511 to 360.67 shall be paid for the portion of the fiscal year, prorated on a monthly
basis remaining after the aircraft came into the possession of the dealer. It is further provided that
a dealer who has previously had aircraft on withholding may register such aircraft in September
of each fiscal year by payment of an amount equal to one-third of the annual tax, which tax shall
be applicable for the months of September through December and in January the dealer may again
list these aircraft on the dealer's withholding form.
(2) Aircraft remaining in the possession of aircraft manufacturers ten months after completion
shall become subject to the tax provided by sections 360.511 to 360.67. The tax shall be computed
from the expiration of the ten months period and shall be prorated on a monthly basis.
(3) Aircraft while in the hands of aircraft refitters for the purpose of being refitted or modified
or both, and while being refitted or modified or both.
(4) Aircraft licensed under section 144E.12 and used exclusively to provide air ambulance
service.
History: 1955 c 113 s 9; 1965 c 161 s 15; 1965 c 429 s 2; 1986 c 444; 1998 c 372 art 1 s 10
360.654 AIRCRAFT DEALER'S COMMERCIAL USE PERMIT.
Upon written application by a dealer licensed in accordance with section 360.63 and payment
of a fee of $20 for each aircraft identified in the application, the commissioner of revenue shall
issue a commercial use permit which shall entitle the dealer to use the aircraft for commercial
purposes for a period of 12 months or until the aircraft is sold, whichever first occurs. The
dealer shall pay the tax imposed by section 297A.63 on all consideration received for use of the
aircraft for commercial purposes during the period the dealer holds the commercial use permit.
Commercial purposes as used herein does not include rental or lease of the aircraft for which the
aircraft dealers normally collect the sales tax from their customers. Applications shall be on forms
prescribed and furnished by the commissioner of revenue and shall include the federal aircraft
registration number of each aircraft for which a permit is to be issued. A permit shall be affixed to
the dealer's license and shall be conspicuously displayed in the aircraft for which it was issued,
which aircraft shall remain in the possession of or under the control of the licensed dealer to
whom the permit was issued. The permit shall expire and the tax imposed by section 297A.62
or 297A.63 shall become due upon either sale of the aircraft by the dealer or expiration of the
12-month period. If the aircraft has not been sold within the 12-month period the tax is due on the
purchase price of the aircraft and its auxiliary equipment to the dealer and the tax imposed by
section 297A.62 shall become due on the eventual sale of the aircraft. Laws 1971, chapter 740,
shall in no way apply to registration or taxation pursuant to sections 360.511 to 360.67.
History: 1971 c 740 s 1; 1973 c 582 s 3; 1987 c 268 art 4 s 24; 2000 c 418 art 1 s 44
360.66 STATE AIRPORTS FUND.
    Subdivision 1. Tax credited to fund. The proceeds of the tax imposed on aircraft under
sections 360.54 to 360.67 and all fees and penalties provided for therein shall be collected by the
commissioner and paid into the state treasury and credited to the state airports fund created by
other statutes of this state.
    Subd. 2. Reimbursement for expenses. There shall be transferred by the commissioner of
finance each year from the state airports fund to the general fund in the state treasury the amount
expended from the latter fund for expenses of administering the provisions of sections 360.54
to 360.67.
History: 1945 c 411 s 16; 1969 c 399 s 49; 1973 c 492 s 14
360.67 VIOLATIONS AND PENALTIES.
    Subdivision 1. Tax evasion. Any person who, with intent to escape payment of any tax
on an aircraft as provided in sections 360.54 to 360.67, delays or neglects to properly list and
apply to register the same, or, with intent to prevent the payment or collection of the proper
tax, fee, or lien thereon, violates or neglects to comply with any of the provisions thereof shall
be guilty of a gross misdemeanor.
    Subd. 2. Unlawful operation. Any person who uses, or causes to be used or operated,
any aircraft in violation of the provisions of sections 360.54 to 360.67, or while a certificate of
registration of an aircraft issued to the person is suspended or revoked, or knowingly delivers an
aircraft to another to be used or operated in violation of sections 360.54 to 360.67, or violates
any of the provisions thereof, shall be guilty of a misdemeanor.
    Subd. 3. Sale of unregistered aircraft. Any person who sells, delivers, or otherwise
transfers ownership of an aircraft required to be registered as provided by sections 360.511 to
360.67 without having registered said aircraft as required by sections 360.511 to 360.67 shall
be guilty of a misdemeanor.
    Subd. 4. Fraud. Any person who uses a false or fictitious name or address or description of
the aircraft, engine number, or frame number in any application for registration of an aircraft or
knowingly makes a false statement or knowingly conceals a material fact or otherwise commits a
fraud in any such application is guilty of a misdemeanor.
History: 1945 c 411 s 17; 1949 c 161 s 15; 1986 c 444; 2005 c 41 s 12

JOINTLY OWNED AIRPORTS

360.68 AIRPORT JOINTLY OWNED; REVENUE CERTIFICATES.
Any city of the second, third, or fourth class, statutory city, or county which now or hereafter
owns a public airport licensed as such by the Minnesota Department of Transportation or any city
of such class and a county acting jointly in the ownership of a public airport so licensed may issue
and sell revenue certificates to provide the money for the construction or purchase of hangars,
repair shops, and other buildings on the airport site designed for the repair, reconstruction,
servicing, and storage of aeroplanes when authorized to do so by an ordinance or resolution
adopted by a vote of 60 percent of the members of the governing body of the municipality and
in the case of joint ownership of a public airport by a city and county then by an ordinance or
resolution adopted by a vote of 60 percent of the governing body of each. At or before the time
that any such revenue certificates are issued, the governing body or bodies as the case may be
shall by ordinance or resolution establish an airport building revenue certificate fund into which
the proceeds from the sale of such certificates shall be placed and any revenue certificates issued
under the provisions of sections 360.68 to 360.73 shall be payable solely from and constitute an
obligation only of such fund and shall not constitute an indebtedness of the issuing city or county
under any applicable law or charter provision, but shall confer on the holder all other rights of a
holder of a negotiable instrument. In any case where a municipality has a commission or board or
where a county and city have entered into an agreement for joint ownership and maintenance of a
public airport and have created a commission or board having any control over the public airport
where such hangar, shop, or other building is to be erected, no airport building revenue certificate
fund shall be established and no revenue certificates issued under sections 360.68 to 360.73 unless
such commission or board shall also by resolution adopted by a vote of three-fourths of the
membership of such commission or board also approve such establishment and issuance.
History: 1949 c 590 s 1; 1973 c 123 art 5 s 7; 1976 c 166 s 7
360.69 INSURANCE.
Any hangar, shop, or other building constructed or purchased with funds received from the
sale of such revenue certificates shall be kept insured against loss by fire and windstorm in stock
insurance companies licensed to write insurance in Minnesota to the amount of the outstanding
revenue certificates if such amount is obtainable and if not obtainable then to the full amount
obtainable. The premiums for such insurance and the cost of repairing and maintaining such
hangar, shop, and other building may be paid from such fund and such fund shall be used to pay
the interest on and the principal of such airport building revenue certificates and for no other
purpose. In case of loss covered by such insurance the proceeds received from insurers named in
the policies shall be paid into the airport building revenue certificate fund and may be used either
to rebuild the building destroyed or to repair the same or to pay and retire such certificates and for
no other purpose as long as there are any unpaid certificates.
History: 1949 c 590 s 2
360.70 RENTALS AND EARNINGS.
All rentals received for the use of such hangar, shop, or other building and all earnings
realized by the municipality or municipality and county as the case may be by reason of operations
carried on in such hangar, shop, or other building shall be paid into the airport building revenue
fund. In determining earnings realized no deduction shall be made by reason of the salary paid to
the manager of the airport and no airport maintenance or operational expense shall be deducted
from the income received from operations carried on in such hangar, shop, or other building. In
addition all net income realized by the municipality or the municipality and the county from the
business of selling aviation gasoline and oil at the airport and all gross income received by reason
of granting to others the right to sell aviation gasoline and oil to the public at the airport shall be
paid into the airport building revenue fund as long as there are any revenue certificates unpaid.
History: 1949 c 590 s 3
360.71 REVENUE CERTIFICATE TERMS.
Such revenue certificates shall bear such date, mature at such times, bear such rates of
interest not exceeding 7-1/2 percent per annum, and be sold at such times and under such terms
as the governing body or governing bodies as the case may be may deem to be for the best
interests of the municipality. Such certificates shall not be sold for less than face value. The total
face amount unpaid and outstanding shall not exceed at any time $10 for each person residing
in the municipality or $10 for each person residing in the county in the case of joint ownership
by a city and county all according to the last official census.
History: 1949 c 590 s 4; 1979 c 163 s 1
360.72 REFUND CERTIFICATE.
After such revenue certificates are issued, the governing body shall have power to issue
refunding revenue certificates when the funds on hand in such airport building revenue certificate
fund are not sufficient to meet any maturing revenue certificates or interest or to refund such
revenue certificates at their optional or callable dates where such certificates when issued are
made optional or callable at some time prior to their maturity date. The issuance of such refunding
revenue certificates shall be authorized by a resolution of the governing body or governing bodies
and shall constitute the same charge or lien on the airport building revenue fund as did the
certificates refunded.
History: 1949 c 590 s 5
360.73 AUTHORITY SUPERSEDES CONTRARY LAW.
No provision of any existing law or special or home rule charter shall be deemed or
construed to impair, curtail, or limit in amount, form, or manner the power to authorize and
issue revenue certificates as herein provided and the revenue certificates herein authorized shall
not be included in computing the net indebtedness of such municipality or county under any
applicable law or charter.
History: 1949 c 590 s 6
360.74 [Repealed, 1975 c 13 s 147]
360.75 [Repealed, 1975 c 13 s 147]
360.76 [Repealed, 1975 c 13 s 147]
360.77 [Repealed, 1975 c 13 s 147]
360.78 [Repealed, 1975 c 13 s 147]
360.79 [Repealed, 1975 c 13 s 147]
360.80 [Repealed, 1975 c 13 s 147]

REGULATION OF STRUCTURE HEIGHTS

360.81 PURPOSE: SAFE FLIGHT.
The safety, welfare, and protection of persons and property in the air and on the ground and
of the maintenance of electronic communications within this state require that the navigable air
space overlying the state and the approaches to and the air traffic pattern area of any public
airport in this state be maintained in a reasonably unobstructed condition for the safe flight of
aircraft. To that end, the location, height, and identification of structures and the use of land
thereto related, are regulated.
History: 1959 c 387 s 1
360.82 DEFINITIONS.
As used in sections 360.81 to 360.91, unless the context otherwise requires:
(a) "Airport reference point" is a point selected and marked at the approximate geometric
center of the airport landing area.
(b) "Permit" means a permit issued by the commissioner of transportation under the
provisions of sections 360.81 to 360.91.
(c) "Public airport" means any area of land which is either licensed as a public use airport
by the commissioner of transportation or is operated by a metropolitan airports commission as
a public use airport.
History: 1959 c 387 s 2; 1976 c 166 s 7
360.83 PERMIT, NECESSITY.
    Subdivision 1. Building height. Until a permit therefor has been issued by the commissioner,
no person shall erect, or add to the height of any structure at any place in this state which will
result in a structure extending more than 500 feet above the highest point of land within a one
mile radius from the structure, except when allowed under subdivision 2 or 3.
    Subd. 2. Permit required in unzoned areas. In territory surrounding public airports for
which zoning regulations have not been adopted pursuant to sections 360.061 to 360.074, no
person may erect, or add to the height of any structure which will result in an obstruction to air
navigation as defined by rules of the commissioner of transportation, until a permit therefor has
been issued by the commissioner. In accordance with section 360.015, subdivision 4, these rules
of the commissioner must be kept in conformity with federal legislation and federal rules and
standards. The commissioner may designate the airport reference point for all airports affected
by this subdivision.
    Subd. 3. Zoning regulations controlling. In territory for which zoning regulations have
been adopted pursuant to sections 360.061 to 360.074, no permit from the commissioner is
required. Regulations effective on the effective date of Laws 1959, chapter 387, or which
become effective subsequent to that date shall control the erection, addition to the height of, or
replacement of a structure. No person may erect, add to the height of, or replace any structure
except as allowed by those zoning regulations.
    Subd. 4. Exception for unnecessary hardship. Under subdivisions 1 and 2, the
commissioner may issue a permit for a structure which will be located with respect to natural
formations or other objects of a permanent character so that no material increase in the
aeronautical hazard results therefrom. The commissioner shall issue permits where a literal
application or enforcement of the regulations would result in practical difficulty or unnecessary
hardship and the relief granted would not be contrary to the public interest but do substantial
justice and be in accordance with the spirit of the rules and sections 360.011 to 360.074.
    Subd. 5. Exception for structure already in place or federally authorized. No permit is
required for structures existing or authorized by an agency of the federal government prior to
the effective date of Laws 1959, chapter 387. No change in the rules of the commissioner and
no relocation or alteration of an airport imposes a new restriction on any structure existing or
authorized by an agency of the federal government at the time of the change, relocation, or
alteration.
History: 1959 c 387 s 3; 1976 c 166 s 7; 1986 c 444
360.84 HEIGHT LIMITATIONS; EXCEPTIONS.
No permit shall be issued to erect, or add to the height of any structure which will extend
more than 1,000 feet above the highest point of land within a one mile radius from the location of
the structure, except as hereinafter provided, or shall any person erect, or add to the height of any
structure for which a permit is required that exceeds the height allowed by the permit.
The commissioner may issue a permit to erect or add to a structure which will extend to a
height of more than 1,000 feet above the highest point of land within a one mile radius from the
location of the structure proposed to be erected or added to if such proposed structure will not
be higher than 50 feet above the height of the highest structure in existence on the effective
date of Laws 1959, chapter 387, which is within a distance of one mile from the location of the
structure proposed to be erected or added to.
Sections 360.81 to 360.91 do not apply to a structure for which an erection permit is required
by the federal government.
History: 1959 c 387 s 4
360.85 INTEREST OF APPLICANT FOR PERMIT.
It is not necessary that ownership of, option for, or other possessory right to a specific
location site be held by the applicant before application for a permit is filed with the commissioner
but any permit granted by the commissioner shall, among other things, state the specific location
and also the maximum height allowed for the structure.
History: 1959 c 387 s 5
360.86 VISUAL OR AURAL IDENTIFICATION.
Every permit granted shall also specify what, if any, obstruction markers, markings, lighting,
or other visual or aural identification shall be installed on or in the vicinity of the structure.
Such identification characteristics required shall conform to federal laws and regulations where
applicable; however, a higher standard of identification may be required under sections 360.81
to 360.91.
History: 1959 c 387 s 6
360.87 INVESTIGATION, DETERMINATION, NOTICE, AND HEARING.
Upon receiving an application for a permit the commissioner shall make such investigation
as may be necessary to process the application properly under sections 360.81 to 360.91.
If, upon such investigation, the commissioner determines that a permit should not be issued
or that the height or location should be other than as applied for, the commissioner shall thereupon
notify the applicant in writing of that determination. Such notification may be served by delivering
it personally to the applicant or by sending it first class mail to the applicant at the address
specified in the application. Such determination shall become final 20 days after notification
thereof is served unless the applicant, within such 20-day period, requests in writing that a hearing
be held before the commissioner with reference to the application. All such hearings shall be open
to the public. Any person interested may appear and be heard either in person or by counsel and
may present such evidence and testimony as may be pertinent.
History: 1959 c 387 s 7; 1986 c 444
360.88 FAILURE TO FILE FOR PERMIT; COMMISSIONER'S ACTION.
In any instance of learning or having reasonable grounds to believe that any person is
erecting or adding to a structure that would be subject to the provisions of sections 360.81 to
360.91 for which an application for a permit has not been filed, the commissioner may on the
commissioner's own motion issue an order to such person to appear before the commissioner and
show cause why an application for a permit to erect or add to the structure need not be obtained.
A date for a hearing thereon shall be set out in such order.
History: 1959 c 387 s 8; 1986 c 444
360.89 ENFORCEMENT.
In addition to any other remedy, the commissioner may institute in any court of competent
jurisdiction an action to prevent, restrain, correct, or abate any violation of the provisions of
sections 360.81 to 360.91 or of any rules or orders of the commissioner issued pursuant thereto.
The court may grant such relief, by way of injunction or otherwise, as may be necessary under
sections 360.81 to 360.91 and the rules and orders of the commissioner issued pursuant thereto.
History: 1959 c 387 s 9; 1985 c 248 s 70
360.90 STRUCTURE HEIGHT RULES; FORMS.
The commissioner shall adopt and promulgate, and may from time to time amend or rescind,
reasonable rules for the administration of sections 360.81 to 360.91. The commissioner shall
prescribe and furnish forms necessary for the administration of sections 360.81 to 360.91.
History: 1959 c 387 s 10; 1985 c 248 s 70
360.91 MISDEMEANOR.
Whoever violates or fails to comply with the provisions of sections 360.81 to 360.91
shall be guilty of a misdemeanor, and each day a violation continues to exist shall constitute a
separate offense.
History: 1959 c 387 s 11; 1971 c 23 s 26

INSURANCE

360.92 LIABILITY INSURANCE REQUIRED; MISDEMEANOR.
It is a misdemeanor for an owner to operate or permit to be operated an aircraft registered
or based within the state of Minnesota without liability insurance protecting passengers and
third persons for both personal injury and property damage resulting from the operation of the
aircraft; provided, that the limits of coverage for personal injury and property damage protection
shall be not less than those limits provided for under section 360.59, subdivision 10, and the
specific exclusions or conditions, if any, in the policy shall be limited to those provided for
in section 60A.081.
History: 1976 c 241 s 4
360.93 MINIMAL INSURANCE COVERAGE REQUIRED; MISDEMEANOR.
Any person engaged in commercial operations as defined by section 360.013, subdivision
45
, who causes or authorizes the operation of aircraft, with or without the right of legal control
(in capacity of owner, lessee, or otherwise) of the aircraft, shall be responsible for determining
that there is in force such minimal insurance coverages required by this chapter for the protection
of passengers and third persons from damages for personal injury or death, or property damage,
resulting in the operation of any such aircraft; provided that in any case and subject to the
penalties provided for herein, every commercial operator causing or authorizing the operation of
such aircraft shall disclose to such authorized pilot using or operating such aircraft both the limits
and extent of any liability insurance coverages that may be applicable to the operation of such
aircraft. Whoever violates or fails to comply with this section is guilty of a misdemeanor.
History: 1976 c 241 s 5

Official Publication of the State of Minnesota
Revisor of Statutes