114.11 Local airports; interstate reciprocity.
114.12 Condemnation of lands for airports.
114.13 Purchase of land for airports.
114.134 Airport standards and approval.
114.135 Airport protection.
114.136 Airport approach protection.
114.14 Equipment, control of airport; expense; regulations.
114.15 Appropriation, taxation for airports.
114.16 Pilots; federal license or permit.
114.17 Mechanic's license, issue, presentation.
114.18 Aircraft; airworthiness; federal license.
114.19 Display of licenses.
114.195 Ultralight identification.
114.20 Aircraft registration.
114.31 Powers and duties of the secretary of transportation.
114.316 Use of department airplanes for transportation.
114.32 Federal aid for airports.
114.33 Initiation of airport project; sponsorship; land acquisition.
114.34 State and sponsor's share of cost.
114.35 Federal aid; state and local funds.
114.37 Advance land acquisition loan program.
114.40 Disclosure of insurance coverage for renter pilots.
114.001
114.001
Definitions. In this chapter:
114.001(1)
(1) "Department" means the department of transportation.
114.001(2)
(2) "Division of hearings and appeals" means the division of hearings and appeals in the department of administration.
114.001(3)
(3) "Secretary" means the secretary of transportation.
114.001 History
History: 1977 c. 29;
1993 a. 16.
114.002
114.002
Definitions. As used in this chapter, unless the context otherwise requires:
114.002(1)
(1) "Aeronautics" means the science and art of flight and including but not limited to transportation by aircraft; the operation, construction, repair or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair or maintenance of airports or other air navigation facilities; and instruction in flying or ground subjects pertaining thereto.
114.002(2)
(2) "Aeronautics instructor" means any individual who for hire or reward engages in giving instruction or offering to give instruction in flying or ground subjects pertaining to aeronautics; but excludes any instructor in a public school, university or institution of higher learning duly accredited and approved for carrying on collegiate work, who instructs in flying or ground subjects pertaining to aeronautics, only in the performance of his or her duties at such school, university or institution.
114.002(3)
(3) "Aircraft" means any contrivance invented, used or designed for navigation of or flight in the air.
114.002(5)
(5) "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 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; but does not include any individual employed outside the United States, or any individual employed by a manufacturer of aircraft, aircraft engines, propellers or appliances to perform duties as inspector or mechanic in connection therewith, or any individual performing inspection or mechanical duties in connection with aircraft owned or operated by the individual.
114.002(6)
(6) "Air navigation facility" means any facility, other than one owned or operated by the United States, used in, available for use in, or designed for use in aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience to the safe takeoff, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.
114.002(7)
(7) "Airport" means any area of land or water which is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.
114.002(8)
(8) "Airport hazard" means any structure, object of natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off.
114.002(9)
(9) "Air school" means any aeronautics instructor who advertises, represents or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics; and any person who advertises, represents or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics whether for or without hire or reward; but excludes any public school, or university, or institution of higher learning duly accredited and approved for carrying on collegiate work.
114.002(10)
(10) "Amateur built aircraft" means an aircraft the major portion of which has been fabricated and assembled by a person who undertook the construction project solely for education or recreation.
114.002(11)
(11) "Antique aircraft" means an aircraft which has a date of manufacture of 1955 or earlier and which is used solely for recreational or display purposes.
114.002(12)
(12) "Dealer aircraft" means an aircraft held as business inventory for sale and used only for demonstration purposes.
114.002(14)
(14) "Gross weight" means the gross or maximum takeoff weight for an aircraft make and model as designated by the manufacturer.
114.002(15)
(15) "Municipality" means any county, city, town or village of this state.
114.002(16)
(16) "Museum aircraft" means an aircraft designated under
s. 114.20 (4) and which is owned or held by a museum owned or operated by an organization qualified as a tax exempt organization under section
501 of the internal revenue code.
114.002(17)
(17) "Operation of aircraft" or "operate aircraft" means the use, navigation or piloting of aircraft in the airspace over this state or upon any airport within this state.
114.002(18)
(18) "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.
114.002(18m)(c)
(c) Any privately owned airport used for public purposes and determined by the secretary of the U.S. department of transportation to enplane annually 2,500 or more passengers and receive scheduled passenger service of aircraft.
114.002(19)
(19) "State airway" means a route in the navigable airspace over and above the lands or waters of this state, designated by the department as a route suitable for air navigation.
114.002(20)
(20) "Unairworthy aircraft" means an aircraft that is in a severely damaged condition or in a state of major deterioration as determined under
s. 114.20 (5).
114.01
114.01
State airport system. The department is directed to cooperate with and assist any federal aeronautical agency in the preparation and annual revision of the national airport plan and to lay out a comprehensive state system of airports adequate to provide for the aeronautical needs of the people of all parts of the state. Such state system shall include every airport on the national system and such additional airports as may be deemed necessary. In selecting the general location of the airports on the system and determining their capacity, due regard shall be given to aeronautical necessity as evidenced by the population of the locality to be served, its commerce and industry and such other factors as the department deems pertinent. In selecting the specific sites, due regard shall be given to general suitability for service and economy of development as evidenced by convenience of access, adequacy of available area, character of topography and soils, freedom from hazards and obstructions to flight and other pertinent consideration.
114.02
114.02
Sky sovereignty. 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.
114.03
114.03
Landowner's rights skyward. 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
s. 114.04.
114.04
114.04
Flying and landing, limitations. Flight in aircraft over the lands and waters of this state is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over 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 on the land or water beneath. The landing of an aircraft on the lands or waters of another, without the person's consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the aeronaut shall be liable, as provided in
s. 114.05.
114.04 History
History: 1993 a. 492.
114.04 Annotation
Since federal laws and regulations preempt local control of aircraft flights, s. 114.04 cannot be invoked to make unlawful flights which are in accordance with federal laws and regulations. Luedtke v. County of Milwaukee,
521 F.2d 387. Luedtke, to the extent it holds that all common law remedies for airport noise and pollution have been preempted by federal law, is overruled. Bieneman v. Chicago 1,
864 F.2d 463 (1988).
114.05
114.05
Damages by aircraft. The liability of the owner, lessee and pilot of every aircraft operating over the lands or waters of this state for injuries or damage to persons or property on the land or water beneath, caused by the ascent, descent or flight of such aircraft, or the dropping or falling of the aircraft or of any object or material therefrom, shall be determined by the law applicable to torts on land, except that there shall be a presumption of liability on the part of the owner, lessee or pilot, as the case may be, where injury or damage is caused by the dropping or falling of the aircraft or of any object or material therefrom, which presumption may be rebutted by proof that the injury or damage was not caused by negligence on the part of the owner, lessee or pilot and the burden of proof in such case shall be upon such owner, lessee or pilot to show absence of negligence on his or her part.
114.05 History
History: 1993 a. 492.
114.06
114.06
Inter-aircraft liability. The liability of the owner of one aircraft, to the owner of another aircraft, or to aeronauts or passengers on either aircraft, for damage caused by collision on land or in the air shall be determined by the rules of law applicable to torts on land.
114.06 Annotation
This section does not make rules of the road under ch. 346 applicable to airplanes. Air Wisconsin, Inc. v. North Central Airlines, Inc.
98 Wis. 2d 301,
296 N.W.2d 749 (1980).
114.07
114.07
Criminal jurisdiction. All crimes, torts and other wrongs committed by or against an aeronaut or passenger 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.
114.08
114.08
Contracts made in flight. All contractual and other legal relations entered into by aeronauts or passengers while in flight over this state shall have the same effect as if entered into on the land or water beneath.
114.09
114.09
Reckless flying; penalty. 114.09(1)(b)
(b) No person may operate an aircraft in the air or on the ground or water while under the influence of intoxicating liquor or controlled substances or controlled substance analogs under
ch. 961 or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely operating an aircraft, or under the combined influence of intoxicating liquor and any other drug to a degree which renders him or her incapable of safely operating an aircraft, nor operate 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. In determining whether the operation was careless or reckless the court shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics. The court shall make a written report of all convictions, including bail or appearance money forfeitures, obtained under this section to the department, which shall send the report to the proper federal agency.
114.09(2)
(2) Any person violating any provision of this section shall be fined not less than $10 nor more than $100 for the first offense and for a subsequent offense not less than $100 nor more than $500, or imprisoned not less than 6 months, or both.
114.095
114.095
Dropping objects prohibited. No operator of an aircraft and no passenger therein shall drop any object therefrom except loose water or loose sand ballast; provided, however, that this section shall not prohibit the dusting or spraying of vegetation with insecticides dropped from airplanes, or the sowing of seeds, or the depositing of fish in lakes or streams, or the delivery of packages or mail by dropping from airplanes, or other similar practices, when such is done in accordance with the federal regulations applicable thereto.
114.10
114.10
Killing birds or animals. Any person who, while in flight within this state, intentionally kills or attempts to kill any birds or animals or who shoots at any bird or animal from an aircraft is subject to the penalties provided under
s. 29.971 (7).
114.10 History
History: 1981 c. 243;
1997 a. 248.
114.103
114.103
Private security personnel; report to a law enforcement authority. 114.103(2)(a)(a) If any private security person acting in the course of his or her employment at an airport believes, on the basis of personal observation, that someone possesses a controlled substance or a controlled substance analog, without a prescription or an authorization for that possession, or possesses $10,000 or more in cash or that a shipment contains a controlled substance or controlled substance analog or $10,000 or more in cash, the private security person shall report, as soon as practicable and by telephone or in person, to the county sheriff's office or the police department of the municipality in which the airport is located.
114.103(2)(b)
(b) A report under
par. (a) shall contain all of the following information, unless the information is unobtainable by the person making the report:
114.103(2)(b)1.
1. The name, business address and business telephone number of the person submitting the report.
114.103(2)(b)2.
2. The name, address and telephone number of any person who is the subject of the report.
114.103(2)(b)3.
3. The date, time and location of the conduct or shipment that is the subject of the report.
