24 Va. Admin. Code § 5-20-145
Subdivisions 1, 2, 3, 4, and 5 of 24VAC5-20-140 may be waived upon application to the board setting forth the reasons that these standard(s) sought to be waived cannot be met.
Considerations for granting the waiver shall be limited to topographical impossibility, possible financial expense to the Virginia Aviation Fund, volume and type of traffic and safety experience at the airport.
Any airport having a license issued prior to October 1, 1995, and not meeting one or more minimum standards for licensure in effect for that period shall be exempt from having to comply with those noncomplying standards for as long as the airport remains an active public-use facility. Should such airport cease to be open to the public for one year, and subsequently reopen, it shall be required to comply with all applicable minimum standards for licensure.
All airports or landing areas that hold licenses as of September 30, 1995, that do not meet the minimum standards in effect on September 30, 1995, do not need to apply for a waiver in order to be relicensed. In compliance with § 5.1-7 of the Code of Virginia, the department shall issue a conditional license to all airports which were licensed as public-use airports on October 1, 1995, which did not meet the minimum standards for licensure in effect on that date.
24 Va. Admin. Code § 5-20-145
Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.