Q: What laws, statutes, and regulations govern aviation, aircraft, and airports in New York State?
A: The Federal Aviation Administration (FAA) has the prime governmental jurisdiction over most aviation-related matters involving: the national airspace, aircraft design, aircraft operations, air traffic control, and requirements for public-use airports and general aviation facilities. States may have additional or supplemental requirements for airport owners and operators, as well as aircraft owners and pilots.
New York State laws generally assign airport-related jurisdiction to local municipalities, while aircraft and flight operations are generally assigned to the executive branch of state government. Download the NYSDOT booklet titled: Digest of New York Laws Affecting Aviation – February 2000. This booklet contains a summary of the principal New York State Laws affecting: aircraft flight rules; establishment of publically-owned and privately-owned airports; and airport operation, maintenance. This booklet is available as follows:
Digest of New York Laws Affecting Aviation 
Q: What are a “landing area” and an “airport” according to New York State law?
A: New York State’s General Business Law Article 14 §240, Subsection 4 defines “Landing Area” as any locality either of land or water, including airports and intermediate landing fields, which is used or intended to be used for the landing and take-off of aircraft, whether or not facilities are provided for shelter, servicing or repair of aircraft, or for receiving or discharging passengers or cargo.
General Business Law Article 14 §240, Subsection 5 defines “Airport” as any landing area used regularly by aircraft for receiving or discharging passengers or cargo; or for the landing and take-off of aircraft being used for personal or training purposes.
For the purposes of this web site and most aviation programs of New York State, the term “Airport” refers to all airports, airstrips, heliports, seaplane bases, balloonports, gliderports, and other such general aviation facilities.
Q: What is a Public-Use Airport? What is a Private-Use Airport?
A: The term "public-use airport" is understood to mean an airport available for aviation use by the general public without a requirement for the prior approval of the owner or operator thereof, except as may be required by federal law or regulation.
The term "private-use airport" is understood to mean an airport used exclusively by the owner thereof and persons authorized by such owner. In other words, aviation use of the airport requires prior permission of the airport owner or operator.
Q: I would like to establish and operate a new private-use airport. What do I have to do?
A: Download the NYSDOT booklet titled: Establishment of or Improvement to Privately-Owned airports in New York State - October 2016. This booklet identifies the steps required of owners proposing to establish privately-owned airports (broadly defined to include any landing facility), making improvements to an existing runway, or creating additional runways or landing areas. This booklet identifies related Frequently Asked Questions, the procedure for airport closures, and includes copies of the federally required forms. This booklet is available as follows:
Establishment of or Improvement to Privately-Owned airports in New York State
As an overview, you will need approval and authorization from your local municipality to establish the proposed airport. Before granting authorization, the municipality must request from the Commissioner of Transportation (NYSDOT) a determination as to whether or not the proposed airport complies with the following statutory findings of facts:
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That operations of such airport will not conflict with or affect the safety of public buildings or facilities, or operations on public highways or waterways;
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That the volume, character, and direction of (aircraft) traffic at such airport will not constitute a menace to the safety of operations at other airports in the vicinity.
Once you receive authorization from your local governing body, you will need to request activation of your airport with the Federal Aviation Administration (FAA). Aircraft operations may not commence at your airport until the FAA has completed an airspace analysis, has made a formal determination, and has officially activated your airport in the national airspace system.
Questions should be emailed to aviation@dot.ny.gov
Q: I own an airport in New York and would like to make improvements or modifications to the runways. Do I need prior permission from the FAA, NYSDOT, and/or my local municipality?
A: You may need approval from your local municipality if your infrastructure changes would change the operational character of your general aviation facility. For example, a runway extension or realignment would be expected to require local municipal approval. Similarly, a new helipad or the addition of a new runway would require approval and authorization from your local governing body.
Before granting authorization, the municipality must request from the Commissioner of Transportation (NYSDOT) a determination as to whether or not the proposed improvement(s) complies with statutory standards of findings of facts:
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That operations of such airport will not conflict with or affect the safety of public buildings or facilities, or operations on public highways or waterways;
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That the volume, character, and direction of (aircraft) traffic at such airport will not constitute a menace to the safety of operations at other airports in the vicinity.
Download the NYSDOT booklet titled: Establishment of or Improvement to Privately-Owned airports in New York State - October 2014 for additional guidance.
In all cases, you must notify the FAA of any notable improvements or modifications to runways, landing areas, and/or taxiways prior to placing these in operational service.
Q: I recently purchased property that contains an existing airport, heliport, or other general aviation facility. I want to continue operating this facility for aviation purposes. What state or federal requirements must I comply with?
A: A change in ownership notice must be submitted to the Federal Aviation Administration (FAA) in order to update your facility’s Airport Master Record and the National Airport System Resources database. Assistance with preparing this federal notification may be requested from the NYSDOT Aviation Bureau. FAA Form 5010-5 should be used to provide notification of changes for private-use general aviation facilities. FAA Form 5010-3 should be used for to provide notification of changes for public-use general aviation facilities. These forms should also be used to provide FAA with notification whenever your mailing address or contact phone number has changed.
Q: Do I need to register my airport, heliport, or other general aviation facility with New York State?
A: Yes, Article 2, Section 14-m of NY Transportation Law (the 2004 New York State Anti-Terrorism Preparedness Act) requires that owners of general aviation (GA) airports register with the New York State Department of Transportation (NYSDOT) and renew their registration every three years. Formal notice must also be provided to the NYSDOT whenever a change in airport ownership is completed.
This same statute requires the airport owner to prepare and submit a Security Plan update every three years along with the required airport registration renewal.
Information, instructions, forms, and additional guidance regarding the NYSDOT triennial airport registration renewal and security plan update requirements can be found in NYSDOT Aviation Security.
Q: I would like to change my general aviation airport from public-use to private-use. Do I need permission from the FAA or NYSDOT?
A: In order to change your airport’s official status from public-use to private-use (or private-use to public-use), you must provide formal notification to the Federal Aviation Administration (FAA). Assistance with preparing this federal notification may be requested from the NYSDOT Aviation Bureau. FAA Form 7480-1 is used to provide such notification. Upon receipt of the completed form, the FAA will initiate an airspace analysis that will lead to their formal determination.
Q: Aircraft operations are no longer conducted or allowed at my airport. I have “closed” my airport. What state or federal requirements must I comply with?
A: The Owner of a “closed” or “abandoned” airport property is required to notify the Federal Aviation Administration (FAA) in a timely manner and request deactivation of the airport from the national airspace system. Assistance with preparing this federal notification may be requested from the NYSDOT Aviation Bureau. FAA Form 7480-1 is used to provide such notification. Upon receipt of the completed form, the FAA will initiate an airspace analysis that will lead to their formal determination regarding deactivation of your airport.
Notification of the airport closure or abandonment must also be sent to the NYSDOT pursuant to, Article 2, Section 14-m of NY Transportation Law (the 2004 New York State Anti-Terrorism Preparedness Act).
Funding sources for airport projects
Q: What sources of funding are available to support the airport system in New York State?
A: The New York State Department of Transportation administers the State Aviation Capital Grant Program and provides match funding for the Federal Airport Improvement Program (AIP).
Federal Airport Improvement Program (AIP)
Q: What is the AIP?
A: The AIP provides grants to public agencies – and, in some cases, to private owners and entities - for the planning and development of public-use airports that are included in the National Plan of Integrated Airport Systems (NPIAS). http://www.faa.gov/airports/aip 
Q: Which airports in New York State are eligible to apply for grants under the Federal AIP?
A: In order to qualify for potential funding under an AIP grant, an airport must be included in the NPIAS, which is prepared and published every two years. Additionally the airport must be open to the public and meet the following criteria:
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The airport must be publically owned, or
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The airport may be privately owned, but designated by the FAA as a reliever, or
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The airport may be privately owned, but have scheduled airline service and at least 2,500 enplanements annually.
Q: Does the airport owner have to apply to the State match to a Federal AIP grant?
A: No, but in order for the State matching grant to be issued, grant recipients must submit their fully executed AIP grants to the NYSDOT Aviation Bureau.
Q: Is there a deadline for submission of the fully executed AIP grant to the Aviation Bureau in order to secure the State matching agreement?
A: There is no deadline for submission of the executed AIP grant to the Aviation Bureau, but NYSDOT will be unable to reimburse any State matching funds until there is a fully executed and approved state matching grant.
Q: What are the obligations for Accepting AIP grant funds?
A: Airport owners who accept an AIP grant offer are also accepting conditions and obligations associated with grant assurances . These include obligations to operate and maintain the airport in a safe and serviceable condition, not grant exclusive rights, mitigate hazards to airspace, and use airport revenue properly.
State Aviation Capital Grant Program
Q: What is the State Aviation Capital Grant Program?
A: The New York State Aviation Capital Grant Program was authorized by the “Airport Improvement and Revitalization Act of 1999” (AIR ’99). This act added Section 14 to the Transportation Law whose stated purpose is to “provide assistance for the revitalization of public use airports through funding of projects or portions thereof, for which sufficient federal capital assistance and required non-federal matching funding is not available and provided the project is consistent with the airport layout plan approved by the department. The funding of capital improvements pursuant to this section shall not be used to provide the non-federal matching share for federal airport capital improvement grants.”
Q: Which airports are eligible to apply?
A: In order to be eligible to apply for grants under the New York State Aviation Capital Grant Program an airport must be public use, included in the State Aviation System Plan (SASP) and have a current Airport Layout Plan (ALP).
Q: How are grant recipients selected?
A: Grant applications received from eligible airports are evaluated and scored based on the merits of the proposed project and the quality of the application, in accordance with the evaluation criteria included in the Capital Grant Program Guidelines.
Q: How many grants can an airport apply for?
A: Under current guidelines, an eligible airport may apply for no more than two grants for any given solicitation.
Q: How many grants may be awarded to an airport?
A: Under current guidelines, an airport may receive no more than one grant resulting from any given solicitation.
Q: Does award of a grant to an airport limit the airport’s eligibility to apply for grants for any period of time?
A: Under current guidelines, an Airport’s success in obtaining previous grant funding under this program is not considered during the grant evaluation process.
Q: What are the responsibilities of the Sponsor (airport owner)?
A: The airport owner or sponsor is responsible to administer the project to ensure that all laws and local requirements and program guidelines are obeyed. Construction contracts funded through this program are between the sponsor and the contractor, the State is not a party to these contracts. The airport owner or sponsor is also required to provide grant assurances that generally guarantee the airport will remain open and provide the benefit associated with the grant for at least the anticipated service life of the grant project. Grants under this program are subject to the State’s requirements for Minority and Women-Owned Business Enterprises (M/WBE) participation.
Q: What types of projects are eligible under this program?
A: Proposed grant projects may include construction, reconstruction, improvement, reconditioning, and preservation of capital facilities (hangars, office space, etc.); pavement maintenance/management projects; purchase of airport equipment; purchase and installation of navigational aids and safety improvements. Proposed projects must be consistent with the latest approved Airport Layout Plan (ALP) and have a minimum service life of ten years.
