North Carolina General Statutes Chapter 63 Aeronautics

Article 1 - Municipal Airports.

N.C. Gen. Stat. § 63-1. Definitions; singular and plural
(a) Definitions. - For the purpose of this Chapter the following words, terms, and phrases shall have the meanings herein given, unless otherwise specifically...
N.C. Gen. Stat. § 63-2. Cities and towns authorized to establish airports
The governing body of any city or town in this State is hereby authorized to acquire, establish, construct, own, control, lease, equip, improve, maintain,...
N.C. Gen. Stat. § 63-3. Counties authorized to establish airports
The governing body of any county in this State is hereby authorized to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate, and...
N.C. Gen. Stat. § 63-4. Joint airports established by cities, towns and counties
The governing bodies of any city, town and county in this State are hereby authorized to jointly acquire, establish, construct, own, control, lease, equip,...
N.C. Gen. Stat. § 63-5. Airport declared public purpose; eminent domain
Any lands acquired, owned, controlled, or occupied by such cities, towns, and/or counties, for the purposes enumerated in G.S. 63-2, 63-3 and 63-4, shall...
N.C. Gen. Stat. § 63-6. Acquisition of sites; appropriation of moneys
Private property needed by a city, town and/or county for an airport or landing field may be acquired by gift or devise or shall...
N.C. Gen. Stat. § 63-7. Airports already established declared public charge; regulations and fees for use of
The governing body or bodies of a city, town and/or county which has or have established an airport or landing field, and acquired, leased,...
N.C. Gen. Stat. § 63-8. Appropriations
The governing body or bodies of a city, town and/or county to which this Article is applicable, having power to appropriate, individually or jointly,...
N.C. Gen. Stat. § 63-8.1. Repealed by Session Laws 1973, c. 803, s. 3
N.C. Gen. Stat. § 63-9. Partial invalidity
If any part or parts of this Article shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining...

Article 2 - State Regulation.

N.C. Gen. Stat. § 63-10. Repealed by Session Laws 1971, c. 936, s. 1
N.C. Gen. Stat. § 63-11. Sovereignty in space
Sovereignty in space above the lands and waters of this State is declared to rest in the State, except where granted to and assumed...
N.C. Gen. Stat. § 63-12. Ownership of space
The ownership of the space above the lands and waters of this State is declared to be vested in the several owners of the...
N.C. Gen. Stat. § 63-13. Lawfulness of flight
Flight in aircraft over the lands and waters of this State is lawful, unless at such a low altitude as to interfere with the...
N.C. Gen. Stat. § 63-14. Repealed by Session Laws 1947, c. 1069, s. 3
N.C. Gen. Stat. § 63-15. Collision of aircraft
The liability of the owners of one aircraft to the owner of another aircraft, or to aeronauts or passengers on either aircraft, for damages...
N.C. Gen. Stat. § 63-16. Jurisdiction over crimes and torts
All crimes, torts, and other wrongs committed by or against an airman or passenger while in flight over this State shall be governed by...
N.C. Gen. Stat. § 63-17. Jurisdiction over contracts
All contractual and other legal relations entered into by airmen or passengers while in flight over this State shall have the same effect as...
N.C. Gen. Stat. § 63-18. Dangerous flying a misdemeanor
Any airman or passenger who, while in flight over a thickly inhabited area or over a public gathering within this State, shall engage in...
N.C. Gen. Stat. § 63-19. Repealed by Session Laws 1943, c. 543
N.C. Gen. Stat. § 63-20. Qualifications of operator; federal license
The public safety requiring, and the advantages of uniform regulation making it desirable, in the interest of aeronautical progress, that a person engaging within...
N.C. Gen. Stat. § 63-21. Possession and exhibition of license certificate
The certificate of the license, herein required, shall be kept in the personal possession of the licensee when he is operating aircraft within this...
N.C. Gen. Stat. § 63-22. Aircraft; construction, design and airworthiness; federal registration
The public safety requiring, and the advantages of uniform regulation making it desirable, in the interest of aeronautical progress, that aircraft to be operated...
N.C. Gen. Stat. § 63-23. Penalties
A person who violates any provision of G.S. 63-20, 63-21 or 63-22 of this Article shall be guilty of a Class 2 misdemeanor; provided,...
N.C. Gen. Stat. § 63-24. Jurisdiction of State over crimes and torts retained
Provided that this Article shall not be construed as a waiver of jurisdiction of the courts of the State of North Carolina over any...

Article 3 - Stealing, Tampering with, or Operating Aircraft While Intoxicated.

N.C. Gen. Stat. § 63-25. Taking of aircraft made crime of larceny
Any person who, under circumstances not constituting larceny shall, without the consent of the owner, take, use or operate or cause to be taken,...
N.C. Gen. Stat. § 63-26. Tampering with aircraft made crime
Any person who shall, without the consent of the owner, go upon or enter, tamper with or in any way damage or injure any...
N.C. Gen. Stat. § 63-26.1. Trespass upon airport property made a crime
(a) It shall be unlawful for any person to trespass upon airport property. For purposes of this section "airport property" means property that is...
N.C. Gen. Stat. § 63-27. Operation of aircraft while impaired
(a) Offense. - A person commits the offense of operation of an aircraft while impaired if he operates an aircraft, whether on the ground...
N.C. Gen. Stat. § 63-28. Infliction of serious bodily injury by operation of an aircraft while impaired
(a) Offense. - A person commits the offense of infliction of serious bodily injury by operation of an aircraft while impaired if, while in...

Article 4 - Model Airport Zoning Act.

N.C. Gen. Stat. § 63-29. Repealed by Session Laws 1971, c. 936, s. 1
N.C. Gen. Stat. § 63-30. Airport hazards not in public interest
It is hereby found and declared that an airport hazard endangers the lives and property of users of the airport and of occupants of...
N.C. Gen. Stat. § 63-31. Adoption of airport zoning regulations
(a) Every political subdivision may adopt, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport...
N.C. Gen. Stat. § 63-32. Permits, new structures, etc., and variances
(a) Permits. - Where advisable to facilitate the enforcement of zoning regulations adopted pursuant to this Article, a system may be established by any...
N.C. Gen. Stat. § 63-33. Procedure
(a) Adoption of Zoning Regulations. - No airport zoning regulations shall be adopted, amended, or changed under this Article except by action of the...
N.C. Gen. Stat. § 63-34. Judicial review
(a) Any person aggrieved by any decision of the board of appeals, or any taxpayer, or any officer, department, board, or bureau of the...
N.C. Gen. Stat. § 63-35. Enforcement and remedies
Each violation of this Article or of any regulations, order, or ruling promulgated or made pursuant to this Article, shall constitute a Class 3...
N.C. Gen. Stat. § 63-36. Acquisition of air rights
In any case in which: (1) It is desired to remove, lower, or otherwise terminate a nonconforming use; or (2) The approach protection necessary...
N.C. Gen. Stat. § 63-37. Short title
This Article shall be known and may be cited as the "Model Airport Zoning Act." (1941, c. 250, s. 10.)
N.C. Gen. Stat. § 63-37.1. Airport obstructions illegal
Any person, other than the owner or operator of an airport, who intentionally obstructs the lawful takeoff and landing operations and patterns of aircraft...

Article 5 - Aeronautics Commission; Federal Regulations.

N.C. Gen. Stat. § 63-38 through 63-44. Repealed by Session Laws 1949, c. 865, s. 1
N.C. Gen. Stat. § 63-45. Enforcement of Article
It shall be the duty of every State, county and municipal officer charged with the enforcement of State and municipal laws to enforce and...
N.C. Gen. Stat. § 63-46. Repealed by Session Laws 1949, c. 865, s. 2
N.C. Gen. Stat. § 63-47. Enforcement of regulations of Civil Aeronautics Administration
In the general public interest and safety, the safety of persons receiving instructions concerning or operating, using or traveling in aircraft, and of persons...

Article 6 - Public Airports and Related Facilities.

N.C. Gen. Stat. § 63-48. Transferred to � 63-1 by Session Laws 1971, c. 936, s. 2
N.C. Gen. Stat. § 63-49. Municipalities may acquire airports
(a) Every municipality is hereby authorized, through its governing body, to acquire property, real or personal, for the purpose of establishing, constructing, and enlarging...
N.C. Gen. Stat. § 63-50. Airports a public purpose
The acquisition of any lands for the purpose of establishing airports or other air navigation facilities; the acquisition of airport protection privileges; the acquisition,...
N.C. Gen. Stat. § 63-51. Prior acquisition of airport 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...
N.C. Gen. Stat. § 63-51.1 through 63-52. Repealed by Session Laws 1973, c. 695, s. 10
N.C. Gen. Stat. § 63-53. Specific powers of municipalities operating airports
In addition to the general powers in this Article conferred, and without limitation thereof, a municipality which has established or may hereafter establish airports,...
N.C. Gen. Stat. § 63-54. Federal aid
(a) A municipality is authorized to accept, receive, and receipt for federal moneys and other moneys, either public or private, for the acquisition, construction,...
N.C. Gen. Stat. § 63-55. Airports on public waters and reclaimed land
(a) The powers herein granted to a municipality to establish and maintain airports shall include the power to establish and maintain such airports in,...
N.C. Gen. Stat. § 63-56. Joint operation of airports
(a) All powers, rights and authority granted to any municipality in this Article may be exercised and enjoyed by two or more municipalities either...
N.C. Gen. Stat. § 63-57. Powers specifically granted to counties
(a) The purposes of this Article are specifically declared to be county purposes as well as generally public, governmental and municipal. (b) The powers...
N.C. Gen. Stat. § 63-58. Municipal 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 this...
N.C. Gen. Stat. § 63-59 through 63-64. Reserved for future codification purposes

Article 7 - State and Federal Aid; Authority of Department of Transportation.

N.C. Gen. Stat. § 63-65. Authority of Department of Transportation generally; "airport" defined
(a) The Department of Transportation is hereby authorized, subject to the limitations and conditions of this Article, to provide State aid in form of...
N.C. Gen. Stat. § 63-66. Administration of Article; powers of Department of Transportation
The Department of Transportation shall carry out the provisions of this Article. In exercising such power, the Department shall: (1) Promote the further development...
N.C. Gen. Stat. § 63-67. Activities eligible for State aid
Loans and grants of State funds may be made for the planning, acquisition, construction, or improvement of any airport, seaplane base, or heliport owned...
N.C. Gen. Stat. § 63-68. Limitations on State financial aid
Grants and loans of funds authorized by this Article shall be subject to the following conditions and limitations: (1) Loans and grants may be...
N.C. Gen. Stat. § 63-69. Sources of State funds
State financial assistance under this Article shall be limited to appropriations of funds made for the purpose by the General Assembly to the Department...
N.C. Gen. Stat. § 63-70. Acceptance, receipt, accounting, and expenditure of State and federal funds
All North Carolina municipalities, counties and public airport authorities are hereby authorized to accept, receive, receipt for, disburse and expend State funds, and other...
N.C. Gen. Stat. § 63-71. Receipt of federal grants
(a) The Department of Transportation is hereby designated the State agency to accept grants for public airport development and improvements made by the United...
N.C. Gen. Stat. § 63-72. Authority of Department of Transportation to operate airports and expend funds therefor
The Department is authorized to operate state-owned or leased airports or any airport for which the State has obtained a special use permit to...
N.C. Gen. Stat. § 63-73. Letting of contracts
All contracts that the Department of Transportation may let for construction, repair, maintenance or those services listed in 49 U.S.C. App. 2210(a)(16) in furtherance...
N.C. Gen. Stat. § 63-74 through 63-77. Reserved for future codification purposes

Article 8 - North Carolina Special Airport Districts Act.

N.C. Gen. Stat. § 63-78. Short title
This Article shall be known and may be cited as the "North Carolina Special Airport Districts Act." (1979, c. 689, s. 1.)
N.C. Gen. Stat. § 63-79. Definitions
As used in this Article, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning...
N.C. Gen. Stat. § 63-80. Procedure for creation of districts; concurrent resolutions; notice and public hearing; submission of question to voters; publication of notice; actions to set aside proceedings
(a) Any unit of local government in this State and any one or more other units of local government in this State may, by...
N.C. Gen. Stat. § 63-81. District board; composition, appointment, terms and oaths; organization; meetings; quorum
(a) Appointment of Board for District. - The board of the special airport district shall be composed of two representatives from each of the...
N.C. Gen. Stat. § 63-82. Procedure for inclusion of additional units of local government; notice and hearing; actions to set aside proceedings
(a) If, at any time subsequent to the creation of a special airport district, there shall be filed with the district board a resolution...
N.C. Gen. Stat. § 63-83. Powers of districts generally
Each district shall be deemed to be a public body and body politic and corporate exercising public and essential governmental functions to aid counties,...
N.C. Gen. Stat. § 63-84. Bonds and notes authorized
In addition to the powers hereinbefore granted, a district shall have power to issue bonds and notes pursuant to the provisions of the Local...
N.C. Gen. Stat. § 63-85. Taxes for supplementing airport revenue bond projects
A district shall have power from time to time to levy taxes or cause the levy thereof for operating supplements and debt service reserve...
N.C. Gen. Stat. § 63-86. Determination of tax rate by district board; levy and collection of tax; remittance and deposit of funds
After each assessment for taxes following the creation of the district, the board or boards of commissioners of the county or counties within which...
N.C. Gen. Stat. § 63-87. Bond elections
Elections for the purpose of authorizing the levy of taxes for the issuance of bonds shall be called by the district board and shall...
N.C. Gen. Stat. § 63-88. Advances
Any participating unit of local government is hereby authorized to make advances, from any moneys that may be available for such purpose, in connection...
N.C. Gen. Stat. § 63-89. Inconsistent laws declared inapplicable
All general, special or local laws, or parts thereof, inconsistent herewith, are hereby declared to be inapplicable, unless otherwise specified in the provisions of...

Article 9 - Changes in Special Use Airspaces.

N.C. Gen. Stat. § 63-90. Public purpose declared
It is the intent of the General Assembly that the legislative branch review and comment on all applications and actions of the Federal Aviation...
N.C. Gen. Stat. § 63-91. General Assembly review and approval
The Division of Aviation of the Department of Transportation shall bring before the General Assembly or the Joint Legislative Commission on Governmental Operations all...
N.C. Gen. Stat. § 63-92. Effect of General Assembly review
(a) If the General Assembly or the Joint Legislative Commission on Governmental Operations determines that the proposed change is in the best interests of...

Last modified: March 23, 2014