DEPARTMENT OF TRANSPORTATION

                         AERONAUTICS COMMISSION

                             GENERAL RULES

(By authority conferred on the aeronautics commission by section 51  of  1945 
PA 327, MCL 259.51, and section 11 of 1959 PA 259, MCL 259.491) 


                        PART 1. GENERAL PROVISIONS


R 259.201   Definitions.
  Rule 201. (1) As used in these rules:
  (a) "Airport license" means certificate of  approval   as   authorized   in 
section 86(2) of Act No. 327 of the Public Acts of 1945,  as  amended,  being 
S259.86(2) of the Michigan Compiled Laws.
  (b) "Commission" means the Michigan aeronautics commission.
  (c) "Data plate" means the engraved metal plate attached  by  an   aircraft 
manufacturer which contains the make, model,  and  serial   number   of   the 
aircraft for registration.
  (d) "Dealer" means a  person  who  negotiates  the   purchase,   sale,   or 
exchange of aircraft or aircraft parts that are  legally   required   to   be 
registered or who represents himself or herself as being   engaged   in   the 
purchase, sale, brokerage, or exchange  of  such   aircraft   or   registered 
parts thereof.
  (e)  "Dealer's  license"  means  a  license   issued    to    dealers    or 
manufacturers pursuant to R 259.223(3) and R 259.371 to  R   259.377,   which 
allows a dealer to obtain transferable general   registration   numbers   for 
aircraft in inventory.
  (f) "Established place of business" means the  place   actually   occupied, 
either continuously or at regular periods, by a   dealer   or   manufacturer, 
where books and records  are  kept,  and  where  a   substantial   share   of 
business is transacted.
  (g)  "General  registration  number"  means   a    distinct    registration 
certificate and decal plates for each aircraft owned or   controlled   by   a 
dealer or manufacturer.
  (h) "Purchaser" means a person who buys or leases,  or  otherwise  receives 
possession of, an aircraft, including a bailee or assignee.
  (i) "Registered part" means a part of an  aircraft   which   contains   the 
aircraft data plate.
  (j) "Sales tax license" means the written authorization  granted   by   the 
Michigan department of treasury according to the provisions of Act No. 122 of 
the Public Acts of 1941,  as  amended,   being   S205.1   et   seq.  of   the 
Michigan Compiled Laws,  which  govern  the  sales   of   tangible   personal 
property in the state.
  (2) Terms defined in the following acts have the same meanings when used in 
these rules:
  (a) Act No. 327 of the Public Acts of 1945, as amended,  being  S259.1   et 
seq. of the Michigan Compiled Laws.
  (b) Act No. 23 of the Public Acts of  the  Extra  Session   of   1950,   as 
amended, being S259.431 et seq. of the Michigan Compiled Laws.
  (c) Act No. 257 of the Public Acts of 1955, as amended,  being  S259.671 et 
seq. of the Michigan Compiled Laws.
  (d) Act No. 259 of the Public Acts of 1959, as amended,  being  S259.481 et 
seq. of the Michigan Compiled Laws.

  History:  1979 AC; 1985 AACS.


                     PART 2. LICENSES AND REGISTRATION


R 259.221   Rescinded.

  History:  1979 AC; 1998-2000 AACS.


R  259.222   Rescinded.

  History:  1979 AC; 1998-2000 AACS.


R  259.223   Rescinded.

  History:  1979 AC; 1998-2000 AACS.


R  259.224   Rescinded.

  History:  1979 AC; 1998-2000 AACS.


R  259.225   Rescinded.

  History:  1979 AC; 1998-2000 AACS.


R  259.226   Inspections.
  Rule 226. Personnel of the commission,  licensed   airport   managers   and 
their assistants, the Michigan state police,  and   other   law   enforcement 
agencies authorized to enforce the Michigan aeronautics   code,   the   rules 
and regulations adopted thereunder, and federal aviation   laws,   shall   be 
permitted at any  time  and  place  to  make  such   inspection   as   deemed 
necessary to determine compliance with the Michigan  aeronautics   code   and 
these rules and regulations.

  History:  1979 AC.


               PART 3. SUSPENSION AND REVOCATION OF LICENSES


R  259.231   Rescinded.

  History:  1979 AC; 1998-2000 AACS.


R  259.232   Rescinded.

  History:  1979 AC; 1998-2000 AACS.


                      PART 4. AIRPORT CLASSIFICATION


R 259.241    Scope.
  Rule 241.  This part prescribes the minimum airport   facilities   required 
for the granting of a license to operate a public use airport as provided  by 
1945 PA 327, MCL 259.1 et seq. Licensed public use airports shall be included 
on the Michigan aeronautical charts  and  other  aviation  publications  made 
available to the public.

  History:  1979 AC; 1985 AACS; 1998 AACS; 2001 AACS; 2003 AACS.


R 259.242    Term of license.
  Rule 242.  A license issued under the terms of this part  shall  expire  on 
December 31 annually.

  History:  1979 AC; 1985 AACS; 1998 AACS; 2001 AACS; 2003 AACS.


R 259.243    Basic utility airports.
  Rule 243. A basic  utility  airport  shall  meet  all  of   the   following 
requirements:
  (a) Have an airport manager licensed by the commission.
  (b) Contain a  runway  that  has  a  1,200-foot  landing  length  in   each 
direction from a clear approach slope of 20 to 1. Unpaved runways shall  have 
a minimum width of 50 feet with an additional 25 feet minimum width  on  each 
side clear of obstructions. Paved runways shall have a minimum  width  of  40 
feet with an  additional  30  feet  minimum  width  on  each  side  clear  of 
obstructions.
  (c) Maintain a  state  primary  surface  for  each  runway  clear  of   all 
obstructions. The state primary surface shall be not be less  than  100  feet 
wide, but not less than the width of the runway.
  (d) Maintain a state approach surface that extends outward and upward  from 
the end of the state primary surface for a distance of 5,000 feet. The  shape 
of the state approach surface is rectangular with a minimum width of 100 feet 
and a length of 5,000 feet. The width of the state approach surface shall  be 
at least as wide as the width of  the  runway.  The  state  approach  surface 
extends for a horizontal distance of 5,000  feet  at  a  slope  of  20  to  1 
including 15 feet  of  clearance  over  roads,  17  feet  of  clearance  over 
interstate highways, 23 feet of clearance over  railroads,  and  25  feet  of 
clearance over property lines. The  state  approach  surface  begins  at  the 
runway end for unpaved runways. If an object penetrates  the  state  approach 
surface, the landing threshold shall be displaced to a point where a clear 20 
to 1 approach slope can be maintained.
  (e) Establish a permanent monument located on  the   centerline    at    or 
beyond each end of the runway.
  (f) Maintain a clearly marked automobile parking area.
  (g) Maintain an itinerant aircraft parking area.
  (h) Maintain a clearly marked entrance from a public road.
  (i) Paved runways shall  have  centerline  marking  and  runway   numbering 
conforming to the published standards of the federal aviation administration.
  (j) Unpaved runways marked in accordance with commission standards.
  (k) Maintain a windcone.
  (l) Airports that have right  traffic  patterns  shall  have  a   segmented 
circle that has traffic pattern indicators.
  (m) Runway lighting, if available for public use, shall conform to  federal 
aviation administration standard color and  layout  in  accordance  with  FAA 
Advisory Circular 150/5340-24 dated September 3, 1975, which  is  adopted  by 
reference in these rules. Printed copies of FAA Advisory Circular 150/5340-24 
are available for inspection and distribution to the public free of charge at 
the  office  of  the  Michigan  Department  of  Transportation,   Bureau   of 
Aeronautics, 2700  East  Airport  Service  Drive,  Lansing,  Michigan  48906.
Printed copies of FAA Advisory Circular 150/5340-24 are also available,  free 
of  charge,  from  the  United  States  Department  of  Transportation,   800 
Independence Avenue, Washington, D.C. 20591.

  History:  1979 AC; 1985 AACS; 1998 AACS; 2001 AACS; 2003 AACS.


R 259.244    General utility airports.
  Rule 244. (1) A general utility airport shall meet all  of  the   following 
requirements:
  (a) Have an airport manager licensed by the commission.
  (b) Contain a  runway  that  has  a  1,800-foot  landing  length  in   each 
direction from a clear approach slope of 20 to 1. Unpaved runways shall  have 
a minimum width of 100 feet. Paved runways shall have a minimum width  of  40 
feet.
  (c) Maintain a  state  primary  surface  for  each  runway  clear  of   all 
obstructions. The state primary surface shall be not less than 250 feet wide.
  (d) Maintain a state approach surface for each  runway  end  that   extends 
outward and upward from the end of the state primary surface for  a  distance 
of 5,000 feet. The shape of the approach surface is a trapezoid  that  has  a 
width of 250 feet at the end of the primary surface and expands uniformly  to 
a width of 1,250 feet. The state approach surface extends  for  a  horizontal 
distance of 5,000 feet at a slope of 20 to 1, including 15 feet of  clearance 
over roads, 17 feet  of  clearance  over  interstate  highways,  23  feet  of 
clearance over railroads, and 25 feet of clearance over property  lines.  The 
state approach surface  begins  at the runway end for  unpaved  runways.   If 
an  object  penetrates  the  state approach surface,  the  landing  threshold 
shall be displaced to a point where a clear 20 to 1  approach  slope  can  be 
maintained.
  (e) Contain a permanent monument located on the centerline  at  or   beyond 
each end of the runway.
  (f) Maintain a clearly marked automobile parking area.
  (g) Maintain a clearly marked entrance from a public road.
  (h) Paved runways  shall  have  centerline  marking  and  runway  numbering 
conforming to the published standards of the federal aviation administration.
  (i) Unpaved runways marked in accordance with commission standards.
  (j) Any crosswind runways shall meet  minimum  requirements  for  a   basic 
utility runway.
  (k) Maintain a lighted windcone.
  (l) Runway lighting shall be  available  from  sunset  to  sunrise  daily.
Lighting configuration  shall  conform  to  federal  aviation  administration 
standard  color  and  layout  in  accordance  with  FAA   Advisory   Circular 
150/5340-24, dated September 3, 1975, which is adopted by reference in  these 
rules. Printed copies of FAA Advisory Circular 150/5340-24 are available  for 
inspection and distribution to the public free of charge at the office of the 
Michigan Department of  Transportation,  Bureau  of  Aeronautics,  2700  East 
Airport Service Drive, Lansing, Michigan 48906. Printed  copies  of  the  FAA 
Advisory Circular 150/5340-23 are also available, free of  charge,  from  the 
United  States  Department  of  Transportation,  800   Independence   Avenue, 
Washington, D.C. 20591.
  (m) Airports that have right  traffic  patterns  shall  have  a   segmented 
circle that has traffic pattern indicators.
  (2) A general utility airport shall provide all of the following services:
  (a) An administration building or  terminal  building  that  has   sanitary 
facilities available to the public.
  (b) Adequate means to deter unauthorized  or  inadvertent  access  to   the 
aircraft operations area.
  (c) A telephone that is available to the public  24  hours  daily  on   the 
airport and has the telephone's location clearly indicated.
  (d) A formally adopted emergency service  plan  prepared  by  the   airport 
owner.
  (e) Airport rules and regulations that are adopted by  the  airport   owner 
and available to the public.
  (f) Itinerant aircraft parking and tie-downs, including adequate ropes  and 
chains or their equivalent.

  History:  1979 AC; 1985 AACS; 1998 AACS; 2001 AACS; 2003 AACS.


R 259.245    Air carrier airports.
  Rule 245.  The commission shall grant an air  carrier  airport  license  if 
both of the following minimum requirements are met:
  (a)  The airport employs an airport manager licensed by the commission.
  (b)  The airport has a valid airport operating certificate,  or  a  limited 
airport operating certificate, issued by the Federal Aviation Administration.

  History:  1979 AC; 1985 AACS; 1998-2000 AACS.


R  259.246   Rescinded.

  History:  1979 AC; 1985 AACS; 1998-2000 AACS.



R 259.247    Heliports.
  Rule 247. (1) A heliport shall meet all of the following requirements:
  (a)  Employ an airport manager licensed by the commission.
  (b)  Contain a length and width of the landing area of at  least  1½  times 
the length of the helicopter using the facility.
  (c)  Contain at least 2 heliport approach surfaces free of  obstructions.
The heliport approach surface begins at the end of the heliport landing  area 
with the same width as the landing area, and extending outward and upward for 
a horizontal distance of 4,000 feet where its width is 500 feet.   The  slope 
of the approach surface is 8 to 1.  Two of  the  heliport  approach  surfaces 
provided shall be located to provide that their centerlines form  an  arc  of 
not less than 90 degrees  at  their  intersection.   Each  heliport  approach 
surface shall provide an  area  suitable  for  an  emergency  landing  during 
takeoff, climb-out, and landing.
  (d)  If a heliport is located on an elevated structure or  roof,  then  the 
heliport shall comply with local building and fire codes.  The  landing  area 
shall be designed to support 1.5  times  the  maximum  gross  weight  of  the 
largest helicopter authorized to use  the  heliport.   When  applying  for  a 
license, the applicant shall file a  certificate  signed  by  a  professional 
engineer registered in this state, certifying structural  compliance  of  the 
heliport.
  (e)  Contain a windcone or means of identifying wind direction.
  (f)  Ground level heliports shall have operational areas fenced  or  marked 
with caution signs to  prevent  the  inadvertent  or  unauthorized  entry  of 
persons or vehicles.
  (g)  Signs indicating a  heliport.  The  signs  shall  be  located  on  the 
heliport's perimeter.
  (h)  Maintain a clearly marked automobile parking area.
  (i)  Maintain an itinerant aircraft parking area.
  (j)  Maintain a clearly marked entrance from a public road.
  (k)  A telephone that is available to the public  24  hours  daily  on  the 
heliport and the telephone's location clearly indicated.
  (l)   An  administration  building  or  terminal  building  with   sanitary 
facilities available to the public.
  (2)  A hospital heliport shall meet all of the following requirements:
  (a)  Be reserved solely for air ambulance  use  or  other  hospital-related 
functions.
  (b)  Have an airport manager, appointed by the hospital heliport  owner  or 
operator, who is licensed by the commission within 90 days after his  or  her 
appointment.
  (c)  Have a final approach and takeoff  area,  the  minimum  dimensions  of 
which are at least 1½ times the overall  length  of  the  largest  helicopter 
authorized to use the hospital heliport.
  (d)  Have final approach and takeoff areas positioned to provide a  minimum 
safety region of at least 10 feet or 1/3 of the rotor length of  the  largest 
helicopter that will land at the site, measured from the edge  of  the  final 
approach and takeoff area to the obstacle nearest that area.
  (e)  Have at least 1 approach or takeoff path that is aligned as nearly  as 
possible with the dominant winds, but that may deviate from that alignment to 
avoid objects or noise-sensitive areas or use airspace above public lands.
  (f)   Be  capable  of  being  secured  to  prohibit  the   inadvertent   or 
unauthorized entry of persons or vehicles.
 (g)  If the heliport is at ground  level,  the  operational  heliport  areas 
shall be fenced or marked with caution signs to prohibit the  inadvertent  or 
unauthorized entry of persons or vehicles.
  (h)  Signs indicating a  heliport.  The  signs  shall  be  located  on  the 
heliport's perimeter.
  (i)  The touchdown and liftoff area is a paved hard surface.
  (j)  Have a lighted wind direction indicator.
  (k)  Provide suitable lighting at the  hospital  heliport's  perimeter  for 
night operations, and that lighting at a  minimum  includes  lights  at  each 
corner of the final approach and takeoff area.
  (l)  Have identification markings present at  the  hospital  heliport  site 
that conform  to  Federal  Aviation  Administration  standards  for  hospital 
heliports.
  (3)  A hospital helistop shall meet all of the following requirements:
  (a)  Have a person responsible for the  daily  operation  of  the  hospital 
helistop, appointed by the owner or operator of the hospital helistop who, as 
determined by that owner or operator, meets the minimum standards established 
by the commission.
  (b)  Within 90 days after appointing a responsible person who is in  charge 
of the daily operation of the hospital helistop, the owner or operator of the 
hospital helistop shall provide the commission in writing with  the  name  of 
the responsible person who is  in  charge  of  the  daily  operation  of  the 
hospital helistop and identify the manner in which the commission may contact 
that responsible person in the event of an emergency.
  (c)  The hospital helistop is reserved solely  for  air  ambulance  use  or 
other hospital-related functions.
  (d)  Have at least 1 suitable helicopter approach path that  is  identified 
and free of obstacles.
  (e)  Have a wind direction indicator.
  (f)  Have appropriate permanent or temporary lighting available  for  night 
operations.
  (g)  Have adequate  security  to  prevent  bystanders  from  approaching  a 
helicopter as it lands or departs.
  (4)  A pilot of a helicopter landing at a  hospital  helistop  or  heliport 
shall receive prior permission to land at the hospital helistop  or  heliport 
from the hospital helistop or a responsible person.

  History:  1979 AC; 1985 AACS; 1998-2000 AACS.


                       PART 5. LANDING AREA LICENSES AND APPROVALS


R 259.251    Approval of sites.
  Rule 251. (1) Upon receipt of an application for a new public use  airport, 
the commission shall cause the proposed airport site  to  be  inspected,  and 
shall examine both of the following:
  (a)  Plans and specifications as to  all  local  conditions  affecting  the 
establishment and construction.
  (b)  Detailed requirements of state, local, and federal laws.
  (2)  If the proposed or completed facility meets the  minimum  requirements 
for issuance of an airport license, and  upon  consideration  of  the  public 
benefits and impacts on the  surrounding  area,  then  the  commission  shall 
license the site.
  (3)  All applications for a license shall include any  proposal  describing 
any planned development of services and  facilities  intended  to  serve  the 
flying and non-flying public.
  (4) Before annual renewal of any public use license, the  commission  shall 
determine that all applicable standards continue to be met by that  facility, 
either through inspection or certification by the facility's owner or manager.

  History:  1979 AC; 1998-2000 AACS.


259.252    Location of facilities.
  Rule 252. (1)  Any facility, public or private, intended  for  the  use  of 
aircraft shall not be established, without prior commission approval,  within 
5 miles of a public use facility licensed by the commission.
  (2)  A facility shall not be licensed or approved which  requires  aircraft 
to be airborne under a bridge  or  power  line  during  the  approach  to  or 
take-off from a landing area, or requires an aircraft to fly in a manner that 
may endanger persons or property.
  (3)  The commission may refuse issuance of license  or  approval  when  the 
location of a proposed landing area is at or near an existing airport  or  is 
in proximity to a licensed landfill, a game refuge, fishery, or other  refuge 
designated by the Department of Natural Resources or which would result in  a 
finding of interference to air navigation under the Tall Structure  Act  (Act 
259 of 1959, MCL 259.481 et seq.).

  History:  1979 AC; 1998-2000 AACS.



R 259.253    Airport name change.
  Rule 253.  The official name of an airport,  as  designated  in  a  license 
issued by the commission, shall not be changed unless written request is made 
by resolution of the governing body  of  the  airport  authorizing  the  name 
change.

  History:  1979 AC; 1998-2000 AACS.



R 259.254    Temporary field permits.
  Rule 254. (1) If the owner of an aircraft uses, or proposes to use, an area 
or areas of land for temporary commercial operations, then  the  owner  shall 
apply to the commission for a temporary field permit on  forms  furnished  by 
the commission.
  (2)  The commission shall receive the application at least 14  days  before 
the date of requested issuance, accompanied by a $50.00 fee.
  (3)  The commission shall inspect the area or areas and if the  area  meets 
the minimum requirements of a licensed public use aeronautical facility, then 
the commission may issue a temporary field permit for a period not to  exceed 
120 days.
  (4)  This rule shall not apply to facilities intended for the exclusive use 
of ultralights, balloons, or seaplanes.

  History:  1979 AC; 1998-2000 AACS.



R  259.255   Rescinded.

  History:  1979 AC; 1998-2000 AACS.



                          PART 6. SEAPLANE BASES

R  259.261   Rescinded.

  History:  1979 AC; 1998-2000 AACS.


R  259.262   Rescinded.

  History:  1979 AC; 1998-2000 AACS.



                             PART 7. HELIPORTS

R  259.271   Rescinded.

  History:  1979 AC; 1998-2000 AACS.



R  259.272   Rescinded.

  History:  1979 AC; 1998-2000 AACS.



                    PART 8. AIRPORT APPROACH STANDARDS


R  259.281   Scope of part 8.
  Rule 281. This part prescribes the airport approach standards which will be 
used by the commission in conducting aeronautical studies.

  History:  1979 AC.


R 259.281a  Approaches
  Rule 281a.  The commission shall review the proposed construction or alter- 
ation of objects which are or will be in the vicinity of a  licensed  airport 
and which may be hazardous to the flight of aircraft for conformance with the 
minimum approach  requirements.   The  review  shall  consider  existing  and 
planned use of the facility.

  History:  1998-2000 AACS.


R  259.282   Objects of interference.
  Rule 282. A man-made structure, natural growth   or   other   object   that 
projects above the landing area or any of the  airport  referenced  imaginary 
surfaces is considered  an   object   of   interference   to   air-navigation 
unless   an aeronautical study reveals otherwise.

  History:  1979 AACS; 1998-2000 AACS.


R  259.283   Airport referenced imaginary surfaces.
  Rule 283. Airport  referenced  imaginary  surfaces   are   established   by 
reference to the airport as described in Act No. 259 of the  Public  Acts  of 
1959, as amended, being S259.481 et seq. of the Michigan Compiled  Laws,  and 
consist of all of the following:
  (a)  The approach surfaces.
  (b) Inner horizontal surface.
  (c) Conical surface.
  (d) Transitional surfaces.

  History:  1979 AACS; 1998-2000 AACS.


R  259.284   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.285   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.286   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.287   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.288   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.289   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.290   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


                          PART 9. AIRPORT HAZARDS

R  259.291   Applications.
  Rule 291. (1) Application shall be made for a  commission  permit,   unless 
otherwise authorized in these rules, before a structure,  natural  growth, or 
other object shall be erected,  rebuilt,  altered,   allowed   to   grow   or 
maintained within the areas described in R 259.292  and   R  259.293,   which 
will result in an object extending more than 500 feet   above   the   highest 
point of land within a 1 mile radius from the object.
  (2)  No  application  shall  be  required  for   the   emergency    repair, 
alteration, or  replacement  of  public  utility   structures,   other   than 
buildings when the height of such structures will not   be   increased.   Any 
circumstances calling for  immediate  action  or  remedy   in   the   repair, 
alteration, or replacement of public utility structures shall  be  deemed  an 
emergency.

  History:  1979 AC.


R  259.292   Zoning ordinances.
  Rule 292. (1) In areas surrounding a public use airport  for  which  zoning 
ordinances or  resolutions  have  not  been  adopted  by   local   units   of 
government, no person shall erect, add to the height of,   or   replace   any 
object within an area lying 500 feet on either side of the  centerline  of  a 
runway or landing strip for  a  distance  of  2  miles   from   the   nearest 
boundary of a public use airport, which will result in  an  object  extending 
higher than the height determined by the ratio of 20:1  between  the  nearest 
boundary of the airport and the object.
  (2) In areas for  which  zoning  ordinances  or   resolutions   have   been 
adopted by local units of government, no person shall erect,   add   to   the 
height of, or replace an object except as authorized by  the   local   zoning 
ordinance.  Outside  of  locally  zoned  territory  and   within   an    area 
determined by the extensions of the approach surface  and  the   transitional 
surface on the same  slope  ratios  established  under   the   local   zoning 
ordinance or resolution, but not to exceed a slope ratio of  40:1   for   the 
approach surface, or 7:1 for the transitional surface, to   a   point   where 
the extended approach and transitional  surfaces   intersect   the   500-foot 
level described in R 259.291, no  object  shall  be   erected,   altered   by 
increasing its height, or  replaced  until  a  permit   therefor   has   been 
obtained from the commission.

  History:  1979 AC.


R  259.293   Nonconforming structures and trees.
  Rule 293. These rules do  not  require  removal,   lowering,   change,   or 
alteration of a structure, vegetation, or other object  not   conforming   to 
these  rules  as  of  their  effective  date.  However,  the   owner   of   a 
nonconforming object shall without expense provide  or  permit  installation, 
operation, and maintenance of markers and lights deemed  necessary   by   the 
commission to indicate the presence of airport hazards.  Where   an   airport 
hazard area exists in connection with a public use  airport,  the  commission 
shall define and determine  the  airport  hazard  area   and   certify   such 
determination to the political subdivision where the  airport   is   located, 
and to the airport owner or operator.

  History:  1979 AC.


R  259.294   Abatement of hazards.
  Rule 294. An encroachment upon an airport protection area  arising  out  of 
the  erection,  rebuilding,  alteration,  growth,  or   maintenance   of    a 
structure, vegetation, or other object constitutes a  public   nuisance   and 
may be abated.

  History:  1979 AC.


R  259.295   Conflicting rules.
  Rule 295. If these rules conflict with other  regulations   applicable   to 
the same area, whether the conflict is  with  respect  to   the   height   of 
structures, vegetation, or other  objects,  or  any   other   matter,   those 
limitations or requirements  determined  by  the  commission   to   be   most 
conducive to airport and air travel safety shall prevail and govern.

  History:  1979 AC.

                       PART 10. AIRPORT FIELD RULES


R  259.301   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.302   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.303   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.304   Supervision of running engines.
  Rule 304. (1) An aircraft engine shall not be started  unless  a  competent 
operator is in the aircraft attending the engine controls.
  (2) Blocks equipped with ropes or other suitable means  of   removing   the 
blocks shall always be placed in front of the wheels  before   starting   the 
engine, unless the aircraft is equipped with adequate  parking   brakes   and 
the brakes are effectively set.
  (3) An aircraft shall be started and warmed up only  in  areas   designated 
for such purposes.

  History:  1998-2000 AACS.


R  259.305   Fueling of aircraft.
  Rule 305. No aircraft shall be fueled in a hangar, or while  the  engine is 
running.

  History:  1998-2000 AACS.


R  259.306   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.307   Towing.
  Rule 307. A pilot shall not tow anything by an  aircraft  unless  authority 
for the operation has been issued in writing by the  airport   manager,   and 
appropriate commission and federal waivers have been issued.

  History:  1998-2000 AACS.


R  259.308   Dropping of objects.
  Rule 308. The pilot of an aircraft shall not  permit  an   object   to   be 
dropped from an aircraft in flight except upon written  permission   of   the 
political subdivision having jurisdiction over the proposed  act,  and  after 
full compliance is made with all applicable federal, state,  and  local  laws 
and regulations. This rule does not prohibit  aerial  application  operations 
such as seeding, spraying or dusting, where authorized  by   law,   or   acts 
performed in emergencies when it is necessary to lighten   an   aircraft   in 
the interests of safety of the aircraft and its occupants.

  History:  1998-2000 AACS.


         PART 11.  AIRPORT MANAGERS AND ASSISTANT AIRPORT MANAGERS


R 259.311    Appointment and licensing.
  Rule 311. (1) The owner or operator of a licensed aeronautical facility  in 
the state  shall  appoint  an  airport  manager.   The  airport  manager  may 
designate an individual to fulfill the duties of the airport manager  in  his 
or her absence.
  (2)  The airport manager shall  have,  by  appropriate  resolution  of  the 
appointing political subdivision, power and authority to exercise the control 
over the aeronautical facility for the enforcement  of  federal,  state,  and 
local rules and regulations pertaining to the landing area and its use.
  (3)  An airport manager or assistant airport manager  shall  obtain  a  70% 
passing grade on a test based on the Michigan Aeronautics Code and the  rules 
and regulations of the commission.  The commission shall furnish the tests.

  History:  1979 AACS; 1998-2000 AACS.


R 259.312    Responsibilities and duties.
  Rule 312.  An airport manager and assistant manager shall  do  all  of  the 
following as necessary:
  (a)  Assist appropriate authorities in enforcement  of  this  act  and  the 
rules promulgated under this act.
  (b)  Determine that all licensed aeronautical facility requirements for the 
class under which the site is licensed are maintained.
  (c)  Determine and take appropriate action to assure that all locally based 
commercial activities operating on the licensed  aeronautical  facility  have 
appropriate licenses and registrations as issued by the appropriate state and 
federal agencies.
  (d)  Post local rules, traffic patterns, and noise abatement procedures, if 
any.
  (e)  File notice with the proper federal agency indicating  any  change  in 
the aeronautical facility condition.
  (f)  Advise the commission of a  proposed  construction  or  zoning  change 
adjacent to or near the licensed aeronautical facility that would affect  air 
navigation safety or use.
  (g)   Advise  sponsors  of  new  and  proposed  construction   of   federal 
regulations pertaining to objects affecting navigable airspace.

  History:  1979 AACS; 1998-2000 AACS.


                 PART 12. AVIATION SCHOOLS AND INSTRUCTORS

R  259.321   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.322   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.323   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.324   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.325   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


                           PART 13. FLYING CLUBS


R  259.331   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.332   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.333   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


                        PART 14. AIR TRAFFIC RULES

R  259.341   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.342   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.343   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.344   Aircraft lights.
  Rule 344. (1) An  aircraft  in  flight  shall   display   position   lights 
between the hours of official sunset and sunrise.
  (2) An aircraft parked, moored, or otherwise stationed within  any  area of 
an airport used, or available,  for  night   flight   operations   shall   be 
clearly illuminated, unless the parking  area  is   otherwise   marked   with 
lights clearly defining the boundaries of the area.
  (3) An aircraft parked, moored, or otherwise stationed   on   water   shall 
display a white anchor light, or position light.

  History:  1979 AACS; 1998-2000 AACS.


                 PART 15. INTRASTATE COMMERCIAL OPERATIONS


R  259.351   Intrastate air commerce; compliance with federal  regulations
  required; advance ticket sales surety bond.
  Rule 351. (1) An operator engaging in intrastate air  commerce,  which   is 
the carriage of persons or property in common  carriage   operations   solely 
between points entirely within the state of Michigan,   shall   comply   with 
all applicable federal regulations.
  (2) Before commencing any operations, an owner  shall   furnish,   to   the 
Michigan aeronautics commission, satisfactory proof of a   surety   bond   in 
the amount of $50,000.00 to cover any advance ticket sales.

  History:  1979 AC. 1996 AACS, 1998-2000 AACS.


R  259.352   Rescinded.

  History:  1979 AC; 1996 AACS; 1998-2000 AACS.


R  259.353   Rescinded.

  History:  1979 AC; 1996 AACS; 1998-2000 AACS.


                     PART 16. FINANCIAL RESPONSIBILITY


R  259.361   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.362   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


R  259.363   Rescinded.

  History:  1979 AACS; 1998-2000 AACS.


                    PART 17. DEALERS AND MANUFACTURERS

R  259.371   Rescinded.

  History:  1985 AACS; 1998-2000 AACS.


R  259.372   Place of business; requirements.
  Rule 372. (1) An applicant for an aircraft   dealer's   or   manufacturer's 
license shall occupy a place of business with   facilities   appropriate   to 
the conduct of business matters and the preparation   and   preservation   of 
business records, including a telephone.
  (2) A licensee shall notify the commission of any change  in  location   of 
his or her place of business.
  (3) The facilities of a licensee shall meet   pertinent   requirements   of 
other state laws, including ordinances of   political   subdivisions   having 
jurisdiction.

  History:  1985 AACS; 1998-2000 AACS.


R  259.373   Sales tax license required.
  Rule 373. (1) An applicant for an aircraft   dealer's   or   manufacturer's 
license shall possess a Michigan sales  tax  license  at   all   times.   The 
licensee shall conform to all applicable provisions of Act No.  122  of   the 
Public Acts of 1941, as amended, being  S205.1  et  seq.  of   the   Michigan 
Compiled Laws.
  (2) An applicant or licensee shall provide the commission  with  the  sales 
tax  license  number  assigned  by  the  state  and   any   other   pertinent 
information which would allow the commission to determine   lawful   use   of 
the license.

  History:  1985 AACS; 1998-2000 AACS.


R  259.374   Rescinded.

  History:  1985 AACS; 1998-2000 AACS.


R  259.375   Rescinded.

  History:  1985 AACS; 1998-2000 AACS.


R  259.376   Rescinded.

  History:  1985 AACS; 1998-2000 AACS.


R  259.377   Transfer of possession or control  of  aircraft;  application
  for registration.
  Rule 377. (1) A dealer or manufacturer shall apply to  the  commission  for 
aircraft registration before transferring  possession  or   control   of   an 
aircraft to a purchaser.
  (2) A purchaser shall sign the  application  for   registration   and   any 
other necessary papers which enable the dealer or   manufacturer   to   apply 
for the registration of the aircraft.
  (3) An application shall be accompanied by the required fee as  provided in 
R 259.223(2).
  (4) An application for registration required pursuant to this rule shall be 
submitted to the commission not later than 15 days after   the   transfer  of 
possession or control of an aircraft to a purchaser.

  History:  1985 AACS.


                    PART 18. HEARINGS BY THE COMMISSION


R  259.381   Location and notice.
  Rule 381. Hearings by the commission shall be   conducted   in   accordance 
with Act No. 197 of the Public Acts of 1952, as amended,  being  SS24.101  to 
24.110 of the  Michigan  Compiled  Laws.  Unless   otherwise   indicated,   a 
hearing shall be held in the  offices  of  the   commission,   Capital   City 
Airport, Lansing, Michigan. A hearing notice shall be  given  by   registered 
mail, and shall state the date, time, place, issues  involved,   and   reason 
for conducting the hearing. The notice shall be mailed at   least   20   days 
prior to the date set for hearing.

  History:  1979 AC.


R  259.382   Adjournments and continuances.
  Rule 382. A hearing shall not be  adjourned  or   continued   except   upon 
order of the commission, or its duly authorized  hearings  representative.  A 
request for adjournment  or  continuance  shall  be   in   writing,   stating 
concisely the reasons why it is required, and be filed at   least   10   days 
prior to the date set for hearing, or sufficient showing  made  that  reasons 
beyond the control of the party making such request prevented such filing.

  History:  1979 AC.


R  259.383   Appearances and defaults.
  Rule 383. A  party  may  appear  in  person  or  by   a   duly   authorized 
representative or attorney. If  a  party  fails  to   appear   after   proper 
service of notice, and if no adjournment is granted,   the   commission   may 
proceed with the hearing and make its decisions  in  the   absence   of   the 
party.

  History:  1979 AC.


R  259.384   Pleadings, briefs, and stipulations.
  Rule 384.  (1)  A  party  requesting  a  hearing  shall   submit   to   the 
commission in writing  a  fair  and  accurate  statement   of   the   reasons 
therefor, the facts and issues involved, and may file  a   brief   upon   the 
law. Allegations of fact recited in the statement may be  accepted   by   the 
commission as evidence, unless a written  answer  is   filed   denying   such 
facts or unless a party asserts affirmative defenses in his answer.
  (2) A proper party may file a written answer to charges or claims  made, or 
may present an oral  statement  at   the   time   of   hearing.   Copies   of 
statements, written pleadings and briefs of any party shall  be   served   on 
the commission, and upon all other proper parties at least 10  days  prior to 
the date set for hearing.
  (3) The parties to any proceeding  before  the   commission,   by   written 
stipulation filed with the commission, may agree upon any  issues   of   fact 
involved in the controversy, and the stipulation may be accepted and  used as 
evidence at the hearing.

  History:  1979 AC.


                PART 19. GENERAL PROVISIONS AND RESCISSION


R  259.391   Waiver of rules.
  Rule 391. The commission may, at its discretion,  waive   compliance   with 
these rules and regulations in connection with  any  particular   application 
when, after a hearing, waiver is found to be required  by  circumstances   or 
conditions and is determined to be in the public interest.

  History:  1979 AC.


R  259.399   Rescission of prior rules.
  Rule 399. Rules 1.0 to 10.0 of the General Rules of   the   commission   as 
amended, being R 259.101 to R 259.200 of the  Michigan  Administrative  Code, 
and appearing on pages 349 to 365 of the 1957 Supplement to  the  Code,   and 
pages 2790 and 2791 of the 1963 Annual Supplement to the Code,  and  pages 11 
and 12 of Supplement No. 50 to the Code, are rescinded.

  History:  1979 AC.


                   PART 20.  SEAPLANE OPERATIONS


R 259.401    Seaplane Operations
  Rule 401 (1) As used in this rule:
  (a) "Waterway" means any waterway which is navigable and  available   for   
use under the public trust doctrine. This rule does  not  authorize  the  use 
 of seaplanes in a manner or location which would violate the property rights 
 of another person.
  (b) "Seaplane" means an aircraft which is capable of landing and   taking   
off on the water.
  (2) A waterway may be  used  for  the  landing,  docking,  and  takeoff  of 
seaplanes in accordance with this rule.  This  rule  does   not   authorize   
the  use  of seaplanes in a  manner  or  location  which  would  violate  the 
property rights  of another person.  In the landing, docking, and takeoff  of 
a seaplane the pilot of a seaplane shall comply with all applicable federal   
and  state  laws  and rules, and shall  comply  with  all  of  the  following 
requirements:
  (a) Except in an emergency, a seaplane shall not land, dock,  or  takeoff   
from a waterway in violation of  a  local  ordinance,  unless  approval  for  
that purpose has been granted under subrules (3) to (11) of this rule.
  (b) In  consideration  of  the  many,  varied,  and  changing  uses  made   
of waterways, the pilot of a seaplane shall take precautions to ensure that   
the landing, docking, and takeoff will be done safely and in a manner which   
does not endanger other persons, watercraft and property.
  (c) A seaplane shall not land, dock or takeoff on  a  waterway  in  such  a 
manner as would violate  applicable  laws,  ordinances,  and  rules  if  done 
 by  a motorized watercraft, except that a seaplane is not required to comply 
with a statewide speed limit for watercraft while  landing  and  taking  off, 
 if  a higher speed is necessary for safe operation and is  not  in  conflict 
with  any other restrictions applicable to watercraft. 
  (d) A seaplane shall not land, dock, or takeoff on  a  waterway  which  has 
been disapproved for such seaplane use under subrule (11)  or  (12)  of  this 
rule.
  (3) If a local ordinance is in existence on the effective date  of   this   
rule or is subsequently enacted and approved under this rule, which restricts 
 the landing, docking, and   takeoff of seaplanes on  a  waterway,  then  the 
ordinance is enforceable except to the extent  that  it   is   subsequently   
overridden  under sections 51 and 86(2) of the Aeronautics Code in accordance 
with this rule.
A person seeking to have an ordinance overridden shall  file  an  application 
requesting the override on forms to be provided by the department.  If,  upon 
review of  the  application,  the  department  determines  that  there  is  a 
reasonable basis to consider an override under the criteria of subrule (8) of 
this rule, then the department shall act on  the  application  in  accordance 
with subrules (6) to (11) of this rule.
  (4) If a municipality approves a local ordinance, after the effective  date 
of this rule, to restrict the landing, docking, and takeoff of  seaplanes  on 
 a waterway, then the ordinance shall be approved under subrules (7) to (11)  
of this rule, before the ordinance becomes effective.    The   municipality   
shall file an application for approval  of  the  ordinance  on  forms  to  be 
provided  by the department.
  (5) If there has been a substantial change in  the  circumstances   under   
which the prior decision was made, then a person may file an application  on  
forms to be provided by the department requesting that a decision to grant or 
 deny an application be reconsidered and reversed  or  modified.   If   the   
department concurs that there has been a substantial change in circumstances, 
 then  the department shall act  on  the  application  in  accordance  with   
subrules  (6)  to
  (11) of this rule.
  (6) If the department proceeds on an application under subrule (3) or (5)   
of this rule, then the department shall publish notice of the application  in 
 a newspaper of general circulation in  the  area  in   which   the   local   
ordinance would be overridden or approved and shall  give  notice  to  each   
county,  city, township, or village  whose  boundaries  include  any  portion 
 of  the  land adjacent to the waterway.  There shall be not  less  than  30  
days  for  the submission of preliminary comments by any  interested  person  
regarding  the  suitability  of  the  waterway  for  seaplane  use.   If  the 
applicant  proposes  to allow seaplane use on a  portion  of  a  stream  or   
river,  then  the   department  shall  give  notice  to  each  county,  city, 
township or village whose  boundaries are adjacent to the stream or river and 
are within 3000 feet of  the  portion proposed for seaplane use.
  (7) After reviewing the application submitted under subrule (3), (4)   or   
(5) of this rule, and comments submitted under subrule  (6)  of  this  rule,  
the department shall inspect the waterway at such times  and  manner  as  may 
 be appropriate to assess the suitability of the waterway for seaplane use.
  (8) In determining  if  a  waterway  is  suitable  for  seaplane  use,  the 
department and the Aeronautics Commission shall consider all of the following:
  (a) The needs and purposes served by the local ordinance.
  (b) The safety and general suitability of the waterway for seaplane use.
  (c) The impact of seaplane use on the use and enjoyment of the   waterway   
and adjacent properties by other persons.
  (d) The availability of suitable alternative waterways for seaplane use.
  (e) The public interest  in  fostering  aviation  and  allowing  the  use   
of navigable waterways for aviation and other purposes.
  (f) Whether competing interests may be balanced by  imposing  limitations   
or conditions on use of the waterway by seaplanes.
  (g) Any other factor which reasonably would be  affected  by  a  decision   
to allow seaplane use notwithstanding the local ordinance.
In no event shall the landing, docking, or takeoff of seaplanes  be  approved 
if the landing, docking, or takeoff would pose unreasonable risks  to  public 
health, safety, or property.
  (9) After reviewing  the  comments,  and  conducting  an  inspection   of   
the waterway and considering the criteria  in  subrule  (8)  of  this  rule,  
the department shall make a proposed recommendation to approve or  disapprove 
 an ordinance which restricts the use of  the  waterway  by  seaplanes  with  
any limitations or conditions as may be considered appropriate.  A  copy  of  
the proposed recommendation shall be provided  to   the   applicant,   each   
county, city, township, or village entitled to notice under  subrule  (6)  of 
this rule, and to any person who submitted comments and provided his  or  her 
 name  and address.  Within 21  days  after  the  proposed   recommendation   
is  sent,  a recipient of the proposed  recommendation  may  request  that  a 
public hearing be conducted before the application is granted or denied.
  (10)After receipt of a request for a public hearing  under  subrule   (9)   
of this rule, the department shall schedule a  hearing  at   a   time   and   
location reasonably convenient to local  officials,  property  owners,  users 
 of  the waterway and  other  interested  persons.   The  department  shall   
publish  notice of the hearing in a newspaper of general circulation  in  the 
area in  which  the  local  ordinance  would  be  overridden  or  approved.   
Interested persons shall be afforded an opportunity to present their views at 
the hearing, either  orally or in writing.  The hearing is not an evidentiary 
hearing or a contested case proceeding under  the  Administrative  Procedures 
Act of 1969.   The  department shall make and  transcribe  a  record  of  the 
hearing.
  (11)The department shall review the application, the comments, the  results 
of its inspection, and information  obtained  at  the  public  hearing.   The 
department shall apply the criteria of subrule (8) of this rule, and  make  a 
recommendation for  consideration  by  the  Aeronautics  Commission  and  the 
director of the department to  grant  or  deny  the  application,  with  such 
limitations or conditions as may be considered appropriate.  The director  of 
the department and at least 6 members of the  Aeronautics  Commission,  1  of 
whom may be the director of the department, shall concur  in  a  decision  to 
override a local ordinance under subrule  (3)  or  (5)  of  this  rule.   The 
decision may include conditions and limitations on the use of the waterway by 
seaplanes.  An application under subrule (4) of this rule may be approved  by 
the director of the department or a majority of the Aeronautics Commission.
An application under subrule (4) of this rule may be disapproved or  approved 
with specified  limitations  or  conditions  only  if  the  director  of  the 
department and at least 6 members of the Aeronautics Commission,  1  of  whom 
may  be  the  director  of  the  department,  concur  in  the  decision.   An 
application under subrule (4) of  this  rule  shall  be  considered  approved 
unless the director  of  the  department  and  at  least  6  members  of  the 
Aeronautics Commission, 1 of whom may be  the  director  of  the  department, 
concur in a decision to disapprove the application or to approve it only with 
specified limitations or conditions, within 270 days after it  was  filed.
The decision shall  constitute  the  final  administrative  decision  on  the 
application.
  (12)If  at  any  time  the  department  or  the  Aeronautics   Commission   
determines that use of any waterway by seaplanes poses an unreasonable  risk  
to  public health, safety, or  property,  the  department   or   commission   
may  withdraw approval or limit use of the waterway or make the  use  of  the 
waterway subject to conditions, after following the  applicable  procedures   
and  criteria  in subrules (6) to (11) of this rule.  If considered necessary 
to protect  public  health,  safety,  or  property,  the  department  or  the 
Aeronautics Commission may issue an interim order restricting the  use  of  a 
waterway by seaplanes pending completion of the procedures in subrules (6) to 
(11) of this rule.
  (13)The department shall maintain an open public record of all  decisions   
or restrictions on the use of waterways by seaplanes under subrule (11)  of   
this rule.
  (14)A seaplane base shall also be  approved  under  section   86a(1)   of   
the Aeronautics Code. 

  History: 1998-2000 AACS.