§ Methodology · v0.5 · 28 states · 4 anchors · 24 provisionalActive

State regulatory spectrum.

A four-tier framework placing U.S. states on the private-use facility regulatory continuum — from active DOT-level licensure (Tier I: Functional Oversight) to outright non-recognition (Tier IV: Recognition Gap).v0.5 covers 28 AAM-relevant states across the Dyment-NEXA 34-MSA footprint.

Cite as: AirIndex (2026). State Regulatory Spectrum, v0.5. Retrieved from airindex.io/methodology/state-regulatory-spectrum

1. Origin

The framework operationalizes a primary-source observation: U.S. state-level recognition and oversight of private-use aviation facilities varies materially — from active DOT-level licensure on one end to outright non-recognition on the other. The observation came from Rex Alexander — President of Five-Alpha LLC, NFPA 418 Chair, and advisor on vertical flight infrastructure policy to states and municipalities — in May 2026 as part of a technical exchange on heliport regulatory layers. It contains the framework in seed form: two anchor states (New York and Texas) occupying opposite ends of a regulatory continuum, with the implicit middle “all over the board.”

The methodology task is to characterize that continuum systematically — definable tiers, anchor states at each tier, regulatory anatomy markers that govern placement.

2. The Four Tiers

Each tier is defined by both its regulatory function (what the state does) and its operational consequence (what that means for an underwriter, owner, or developer).

Tier IFunctional Oversight
State DOT routes private-use facilities through licensure or registration. Oversight is balanced — safety routing without prohibitive enforcement. A defensible regulatory baseline for underwriting and infrastructure investment.
State DOT-level statute · Public + private-use recognition · Functional registration regime · Enforcement posture proportionate
Tier IILight Touch
State pathway exists but enforcement is minimal or deferred to local jurisdiction. Permitting is achievable. Friction is procedural, not substantive.
State-level statute or code · Pathway present · Local deferral common · Low enforcement footprint
Tier IIISevere Friction
State pathway exists but permitting is operationally painful — long cycles, heavy documentation, multi-layer review. Approval is achievable but costly. Insurance and infrastructure investment timelines extend materially.
State-level statute · Heavy review process · Multi-jurisdictional layering · Long approval cycles
Tier IVRecognition Gap
State does not recognize or regulate private-use facilities in any meaningful form. There is no state-level regulatory layer to underwrite against. Risk and compliance assessment must rely entirely on local jurisdiction (where any exists).
No state-level recognition of private-use · Public-use only or no pathway · Local-only enforcement · Underwriting baseline absent

3. Why This Matters

Underwriting, infrastructure investment, and operator deployment all require a defensible jurisdictional baseline. When state-level recognition is functional (Tier I), the regulatory layer becomes the baseline. When recognition is absent (Tier IV), assessment must fall back to local jurisdiction — where one exists at all. The tier assignment shapes the cost, cycle, and confidence of every downstream decision.

The framework operationalizes the Permitting Friction Score dimension of RiskIndex. Once tier definitions are locked and state placements confirmed, every RiskIndex Site Assessment inherits a state-level overlay derived from this spectrum. The framework also feeds the State Legislation factor in AirIndex market scoring.

4. State Placements (v0.5)

v0.5 places 28 AAM-relevant states — completing coverage across the 34-MSA footprint Dyment & Zevin (NEXA / UAM Geomatics, March 2026) analyze in their $16.6 Billion Infrastructure Gap white paper. Each placement carries a confidence marker: Anchor (primary-source validated across statute, agency authority, and practitioner observation) or Provisional (placement supported by primary-source statute or agency-described authority; subject to revision as broader verification matures).

Anchors at v0.5: New York (Tier I), Florida (Tier III), Texas (Tier IV), Nevada (Tier IV). The remaining 24 placements are at Provisional confidence; per-state calibration questions are documented in the rationale text below.

Tier IFunctional Oversight(7 states)

New York

Anchor

NY GBL §249 establishes state-level heliport licensure under DOT. Private-use facilities are recognized and routed through registration. DOT oversight without overreach.

Sources · NY GBL §249; 17 NYCRR Part 75 (Approval of Privately Owned Airports); NYSDOT Aviation Bureau

California

Provisional

State Aeronautics Act establishes structured two-step approval — local plan-of-construction approval is the predicate to state heliport permit issuance under PUC §21661.5. CalTrans Division of Aeronautics issues the state permit; framework codified in CCR Title 21 §§3525-3560. Placement reflects functional state oversight; calibration question open on whether enforcement footprint warrants Tier II rather than Tier I.

Sources · Cal. Pub. Util. Code §§21001 et seq. (State Aeronautics Act); §21661.5; CCR Title 21 §§3525-3560; CalTrans Aeronautics

Massachusetts

Provisional

702 CMR 5.00 (Airports, Heliports and Restricted Landing Areas) establishes MassDOT Aeronautics Division certificate-of-approval process for establishment of airports, heliports, and restricted landing areas. Functional pathway for both public- and private-use; verification needed on enforcement posture.

Sources · 702 CMR 5.00 (Airports, Heliports and Restricted Landing Areas); MassDOT Aeronautics Division

Virginia

Provisional

Virginia Department of Aviation is established as a standalone state agency under Va. Code §5.1-1.1, with a Director appointed per §5.1-1.2 and enforcement authority under §5.1-1.4. The statute requires state-level licensing of airports and landing areas (§5.1-7) and explicit registration of private landing areas outside a 5-mile commercial-airport buffer (§5.1-7.2). Standalone aviation department + structured private-use registration is a Tier I Functional Oversight profile. Provisional confidence — enforcement-footprint calibration question open.

Sources · Va. Code Title 5.1 (§§5.1-1.1, 5.1-1.2, 5.1-1.4, 5.1-7, 5.1-7.2); Virginia Department of Aviation (VDOA)

Minnesota

Provisional

Minn. Stat. §360.018 requires all proposed airports, restricted landing areas, and air navigation facilities to be first licensed by the Commissioner of Transportation before use. The Commissioner has rulemaking authority (§360.015), inspection rights, and license suspension/revocation power for non-compliance. A calibrated exemption applies to personal-use airports more than 5 miles from a public airport (similar in structure to Virginia's 5-mile rule). State-level structured pathway + active enforcement = Tier I Functional Oversight. Provisional confidence — calibration question open on whether the 5-mile exemption materially changes the Twin Cities-area enforcement footprint.

Sources · Minn. Stat. Chapter 360 (§§360.015, 360.018, 360.019); MnDOT Aeronautics Office (Commissioner of Transportation)

Oregon

Provisional

ORS Chapter 836 (Airports and Landing Fields) establishes statutory framework administered by Oregon Department of Aviation (ODA). ODA is a standalone state agency, not a DOT subdivision — the same structural signal that drives Virginia's Tier I placement. Standalone-agency structure typically signals functional oversight rather than light-touch DOT division. Direct primary-source statute confirmation on private-use heliport licensure specifics was not completed via May 14 2026 automated retrieval. Tier I Functional Oversight placement reflects standalone-agency structure as the strongest available signal; calibration question open on whether ORS Chapter 836 mandates state-level private-use licensure (likely) or operates under a more limited registration scheme. Portland is Dyment MSA without AirIndex tracked market.

Sources · ORS Chapter 836 (Airports and Landing Fields); OAR Chapter 738 (Aviation regulations); Oregon Department of Aviation (standalone state agency)

Maryland

Provisional

Md. Code Ann. Transp. §5-201 et seq. establishes the Maryland Aviation Administration (MAA) as a modal administration under MDOT with operating authority over BWI Marshall and Martin State airports plus statewide aviation administration. MAA is one of the most structurally substantial state aviation agencies in the country — it directly operates two state airports rather than functioning solely as a regulator. Direct primary-source statute confirmation on private-use heliport licensure specifics was not completed via May 14 2026 automated retrieval. Tier I Functional Oversight placement reflects MAA's substantial structural authority; calibration question open on whether MAA's licensure scope extends comprehensively to private-use heliports or focuses on the public-use state airport system. Baltimore is Dyment MSA without AirIndex tracked market.

Sources · Md. Code Ann. Transp. §5-201 et seq.; COMAR 11.03 (Aviation regulations); Maryland Aviation Administration (MDOT modal administration)

Tier IILight Touch(12 states)

Arizona

Provisional

ARS Title 28 Chapter 25 (Aviation) establishes ADOT Aeronautics Group's authority over aviation matters; aircraft registration framework is confirmed. Heliport-specific registration scheme not directly verified in public sources — placement contingent on practitioner confirmation.

Sources · ARS Title 28, Chapter 25 (Aviation); ADOT Aeronautics Group

North Carolina

Provisional

NC General Statutes Chapter 63 (Aeronautics) establishes NCDOT Division of Aviation's authority. NCDOT Helicopter Landing Area Permit is the operational mechanism. Permit framework confirmed; 'friction low' characterization pending practitioner read.

Sources · NC Gen. Stat. Chapter 63; NCDOT Division of Aviation; NCDOT Helicopter Landing Area Permit

Utah

Provisional

Utah Code Title 72 Chapter 10 (Aeronautics) is the operative statutory framework; UDOT Aeronautics Division administers state aviation programs, and Utah holds FAA eIPP state designation indicating baseline state-aviation cooperation. Heliport-specific licensure-scheme provisions were not directly verified via public-source automated retrieval (May 14 2026 research pass). Tier II Light Touch placement reflects eIPP designation + active state aviation administration as the baseline profile; calibration question open on whether §72-10 mandates state-level private-use licensure (which would warrant Tier I) or defers substantially to local jurisdiction. Direct §72-10 text confirmation would resolve.

Sources · Utah Code Title 72 Chapter 10 (Aeronautics); UDOT Aeronautics Division; FAA eIPP designation

Maine

Provisional

6 MRSA (Aeronautics) is the operative statutory framework; MaineDOT Bureau of Aviation administers state aviation programs, and Maine holds FAA eIPP state designation. Population scale + low aviation activity suggest light enforcement footprint, with substantial deferral to local jurisdiction on private-use facilities. Direct primary-source statute confirmation not completed via May 14 2026 automated retrieval. Tier II Light Touch placement reflects eIPP designation + active state aviation administration as the baseline; calibration question open on whether ME mandates state-level private-use licensure or defers structurally to local.

Sources · 6 MRSA (Aeronautics); MaineDOT Bureau of Aviation; FAA eIPP designation

Oklahoma

Provisional

3 O.S. (Aircraft and Aviation) establishes the Oklahoma Aeronautics Commission as an independent state body (not a DOT subdivision), administering state aviation programs. Oklahoma holds FAA eIPP state designation. Independent commission structure typically signals more functional oversight than DOT-subdivision agencies, but heliport-specific licensure provisions were not directly verified via May 14 2026 automated retrieval. Tier II Light Touch placement reflects independent-commission structure + eIPP designation as baseline; calibration question open on whether the Commission's authority extends to private-use facility licensure or is limited to public-use airport administration and grants.

Sources · 3 O.S. (Aircraft and Aviation); Oklahoma Aeronautics Commission (independent state body); FAA eIPP designation

Michigan

Provisional

Michigan Aeronautics Code (PA 327 of 1945, codified at MCL 259.1 et seq.) establishes statutory framework administered by MDOT Office of Aeronautics. Aeronautics Code dates to 1945 — a long-standing structured framework but with enforcement footprint that varies by era. Direct primary-source statute confirmation on private-use heliport licensure specifics was not completed via May 14 2026 automated retrieval. Tier II Light Touch placement reflects structured Aeronautics Code presence + DOT-level aviation administration; calibration question open on whether MCL 259 mandates state-level private-use licensure or defers to local jurisdiction. Detroit is Dyment MSA without AirIndex tracked market.

Sources · MCL 259.1 et seq. (Aeronautics Code, PA 327 of 1945); MDOT Office of Aeronautics

Tennessee

Provisional

T.C.A. Title 42 (Aviation) establishes statutory framework administered by TDOT Aeronautics Division. Tennessee maintains an active aviation function with structured framework. Direct primary-source statute confirmation on private-use heliport licensure specifics was not completed via May 14 2026 automated retrieval. Tier II Light Touch placement reflects DOT-level aviation administration + structured statutory framework presence; calibration question open on whether T.C.A. §42 mandates state-level private-use licensure or defers materially to local jurisdiction. Nashville is Dyment MSA + AirIndex tracked market — accuracy here is load-bearing.

Sources · T.C.A. Title 42 (Aviation); TDOT Aeronautics Division

Pennsylvania

Provisional

74 Pa.C.S. §5101 et seq. (Aviation Code) + 67 Pa. Code Chapter 471 (Aviation regulations) establish PennDOT Bureau of Aviation's statutory framework. Pennsylvania has a long-standing structured aviation administration with DOT-level oversight. Direct primary-source statute confirmation on private-use heliport licensure specifics was not completed via May 14 2026 automated retrieval. Tier II Light Touch placement reflects DOT-Bureau-level aviation administration + structured statutory framework presence; calibration question open on whether 67 Pa. Code Chapter 471 mandates state-level private-use licensure or defers to local jurisdiction. Philadelphia is Dyment MSA without AirIndex tracked market.

Sources · 74 Pa.C.S. §5101 et seq. (Aviation Code); 67 Pa. Code Chapter 471 (Aviation regulations); PennDOT Bureau of Aviation

Washington

Provisional

RCW Chapter 47.68 establishes WSDOT Aviation Division with broad rulemaking, enforcement, and aircraft-registration authority (§§47.68.070, 47.68.210, 47.68.230, 47.68.250, 47.68.310, 47.68.320). The chapter focuses on aircraft and operator certification rather than facility-level licensing — the sections reviewed via May 14 2026 automated retrieval do not contain explicit state-level private-use heliport licensure or registration requirements. The WAC 468 series has WAC 468-200 (emergency air operations) and WAC 468-230 et seq. (commercial airports), with a gap at WAC 468-220 where private-use facility rules would conventionally live. Tier II Light Touch placement reflects active aviation administration + structural framework presence; calibration question open on whether WA in practice has a Tier IV recognition-gap profile for private-use heliports specifically, similar to TX/NV/CO. Direct WSDOT Aviation primary-source confirmation would resolve.

Sources · RCW Chapter 47.68 (§§47.68.070, 47.68.210, 47.68.230, 47.68.250, 47.68.310, 47.68.320); WSDOT Aviation Division; WAC 468 series (commercial airport rules at 468-230 et seq.; gap at 468-220 where private-use facility rules would conventionally live)

Kansas

Provisional

K.S.A. Chapter 3 (Aircraft and Airports) establishes statutory framework administered by KDOT Division of Aviation. Kansas — home to Wichita's substantial general-aviation manufacturing base (Cessna, Beechcraft heritage) — has a structurally meaningful aviation function at the state level. Direct primary-source statute confirmation on private-use heliport licensure specifics not completed via May 14 2026 automated retrieval pass. Tier II Light Touch placement reflects DOT-Division-level aviation administration; calibration question open on whether K.S.A. Chapter 3 mandates state-level private-use licensure. Wichita is Dyment MSA without AirIndex tracked market.

Sources · K.S.A. Chapter 3 (Aircraft and Airports); K.A.R. 36 (Aviation regulations); KDOT Division of Aviation

Louisiana

Provisional

La. R.S. Title 2 (Aeronautics) establishes statutory framework administered by DOTD Aviation Section. Louisiana has a structurally meaningful aviation function with offshore-operations history (helicopter activity to oil and gas platforms in the Gulf). Direct primary-source statute confirmation on private-use heliport licensure specifics not completed via May 14 2026 automated retrieval pass. Tier II Light Touch placement reflects DOTD-Section-level aviation administration + practical offshore-operations history; calibration question open on whether La. R.S. Title 2 mandates state-level private-use heliport licensure (which would be relevant for the offshore-operations base) or operates as a planning/funding division. New Orleans is Dyment MSA without AirIndex tracked market.

Sources · La. R.S. Title 2 (Aeronautics); LAC Title 70 Part XV (Aviation regulations); DOTD Aviation Section

Arkansas

Provisional

A.C.A. §27-115 establishes the Arkansas Department of Aeronautics as a standalone state agency. Standalone-agency structure typically signals more functional oversight than DOT-subdivision agencies, but Arkansas's small aviation activity scale and rural footprint suggest a light enforcement profile in practice. Direct primary-source statute confirmation on private-use heliport licensure specifics not completed via May 14 2026 automated retrieval pass. Tier II Light Touch placement reflects standalone-agency structure tempered by small-state operational scale; calibration question open on whether Department of Aeronautics' authority extends comprehensively to private-use facility licensure. Arkansas appears in Dyment's appendix as six state regions, no major MSA — Dyment-footprint coverage rather than market-tracking relevance.

Sources · A.C.A. §27-115 (Aeronautics Department); Arkansas Department of Aeronautics (standalone state agency)

Tier IIISevere Friction(4 states)

Florida

Anchor

State framework is structured (FS §330.30(1); FAC Chapter 14-60 — site approval required before construction, 45-day approval validity, 2-year permit term, separate registration vs. license tiers). Tier III placement reflects practitioner-reported operational friction: long permitting cycles, heavy documentation, local jurisdictional overlays. Anchored on primary-source observation; statute and code structure exist but operational friction is the basis for placement.

Sources · FS §330.30(1); FAC Chapter 14-60; FDOT Aviation Office (practitioner-reported friction per primary-source observation, Rex Alexander, Five-Alpha LLC, May 2026)

New Jersey

Provisional

N.J.A.C. 16:54 (Licensing of Aeronautical Facilities) establishes structured heliport licensing under NJDOT Bureau of Aeronautics. Bureau oversees ~41 public-use airports and ~400 restricted-use facilities. Heavy review process consistent with Tier III friction profile.

Sources · N.J.A.C. 16:54 (Licensing of Aeronautical Facilities); NJDOT Bureau of Aeronautics

Illinois

Provisional

620 ILCS 5 (Illinois Aeronautics Act) + 92 IL Admin. Code Part 14 (Aviation Safety) establish multi-step heliport approval: initial inspection → Form AER 2060 application → 15-day public notice → final inspection → Certificate of Approval. Process structure matches Tier III; municipal-layer friction (esp. Cook County) reinforces placement. Calibration question open on whether Cook County-specific friction warrants a tier-anchor adjustment.

Sources · 620 ILCS 5 (Illinois Aeronautics Act); 92 IL Admin. Code Part 14; Form AER 2060 (heliport site approval); IDOT Division of Aeronautics

Ohio

Provisional

ORC §4561.11(A) requires all airports, landing fields, and landing areas to be approved by ODOT before use for commercial purposes, with broad statutory definition (§4561.01(C)) that encompasses heliports. Application timeline under §4561.33 runs 30 days to 2 years before commencement, with departmental discretion to set conditions (§4561.35), reject applications with reasons (§4561.11), and enforce via injunctive action (§4561.39). Multi-year application horizon + departmental discretion + multi-layer conditions = Tier III Severe Friction profile. Open calibration: the 'before being used for commercial purposes' language creates ambiguity on whether non-commercial private-use facilities are statutorily exempt; if so, OH may calibrate down to Tier II.

Sources · ORC Chapter 4561 (§§4561.01(C), 4561.021, 4561.05, 4561.11, 4561.33, 4561.34, 4561.35, 4561.39); ODOT Office of Aviation

Tier IVRecognition Gap(5 states)

Texas

Anchor

TxDOT Aviation Division operates as a planning and funding body (Texas Airport System Plan) but holds no regulatory or licensing authority over private-use heliports. No state-level recognition framework for private-use facilities. Underwriting and compliance fall back entirely to local jurisdiction.

Sources · TxDOT Aviation Division; primary-source confirmation (Rex Alexander, Five-Alpha LLC, May 2026)

Georgia

Provisional

O.C.G.A. §32-9-8 and GA Rules Chapter 672-9 ('Licensing of Certain Open-to-the-Public Airports') establish state licensure for public-use airports only — private-use facilities are structurally outside the state-level framework. GDOT is evaluating Chapter 672-9 updates to address vertiports; current scope excludes private-use. Candidate for Anchor promotion conditional on broader primary-source confirmation that statutory absence holds across the full chapter.

Sources · O.C.G.A. §32-9-8; GA Rules Chapter 672-9 (Licensing of Certain Open-to-the-Public Airports); GDOT Aviation Programs

Nevada

Anchor

Nevada has no state-level framework for private-use heliport licensure. NRS Chapter 493 (Aircraft and Air Navigation) governs aircraft and operator certification with federal deference (NRS 493.150), but contains no heliport-facility provisions. NRS Chapter 496 (Airports and Air Navigation Facilities) explicitly delegates regulatory authority to municipalities — counties, cities, and towns (NRS 496.020(5); NRS 496.130(1)–(2)) — and contains no state-level heliport board or private-use framework. The structural profile mirrors Texas: planning and federal coordination exist at the state level, but state-level recognition of private-use facilities does not. Underwriting and compliance fall back to local jurisdiction. Anchored at v0.5 ship based on direct primary-source confirmation across both chapters.

Sources · NRS Chapter 493 (§§493.150, 493.160, 493.190); NRS Chapter 496 (§§496.020(5), 496.060, 496.130); NDOT aviation function (planning role only)

Colorado

Provisional

C.R.S. Title 43 Article 10 created the Colorado Aeronautical Board (1988, a 10-member body — nine voting + one non-voting) and the CDOT Division of Aeronautics. Per the Division's own published agency description, functions are explicitly limited to administrative support to the Board, aviation safety advisory services, discretionary grant administration, entitlement reimbursements from aviation/fuel-tax revenues, and state aviation system planning — no licensing, permitting, or regulatory authority over heliport facilities is described. The structural profile mirrors Texas: state planning and funding role at the CDOT level, but no state-level recognition framework for private-use facilities. Underwriting and compliance fall back to local jurisdiction. Candidate for Anchor promotion conditional on full §43-10 statutory text confirmation that authority absence is structural (vs. agency-page silence on an authority that exists elsewhere in statute).

Sources · C.R.S. Title 43 Article 10 (Aeronautics); Colorado Aeronautical Board (statutory creation 1988); CDOT Division of Aeronautics (agency-described role: administrative support, advisory, grant administration, fuel-tax entitlement, system planning)

District of Columbia

Provisional

The District of Columbia is a federal district, not a state — no state-level aeronautics framework exists at the conventional DOT-division level. Aviation oversight in DC is dominated by FAA direct authority (BWI and DCA are in Maryland and Virginia respectively; DC's airspace is heavily federally controlled given national-security overlays). DC government's aviation footprint is limited to local zoning and law-enforcement coordination. From the perspective of the four-tier state-level framework — which measures STATE recognition of private-use facilities — DC structurally has no state-level recognition layer. Placement at Tier IV Recognition Gap reflects the absence of a state-level licensing layer; the underlying cause differs from TX/NV/CO (which structurally chose not to regulate at the state level) but the operational consequence is parallel — no state-level baseline for underwriting or compliance, with FAA + local jurisdiction filling the void. The framework may benefit from a special-category footnote for DC in a future revision.

Sources · DC Code Title 50 (Vehicles and Traffic — aviation provisions limited); FAA direct authority; DDOT (no aviation division); Washington Metropolitan Area Airports Authority (operates DCA/IAD, but those airports are in Virginia)

5. How Tiers Update Over Time

State regulatory posture is not static. Tier assignment is time-stamped — every placement carries the date it was assigned and the documentation supporting it. Re-tiering occurs when a state passes new aviation or AAM legislation, when a state DOT publishes guidance that revises operational friction, when industry practitioners document changed conditions inconsistent with the current tier, or when litigation or administrative ruling materially alters the regulatory landscape.

Anchor states are deliberately conservative. A state achieves anchor status only when its tier placement is supported by both statute review and primary-source practitioner observation. Anchors anchor the spectrum — a change in an anchor state’s placement constitutes a major methodology revision.

6. Versioning

The framework follows semantic versioning. v0.1 was the initial draft. v0.2 applied a pre-publication citation verification pass against 10 placements. v0.5 (May 14 2026) extends coverage to 28 states — completing the Dyment-NEXA 34-MSA footprint — and promotes Nevada from Provisional to Anchor based on direct NRS Chapter 493 + NRS Chapter 496 confirmation of municipal-only authority. Subsequent revisions track at minor (.x) for non-anchor changes and major (x.0) for anchor revisions or tier definition changes. v1.0 ships when full 50-state coverage and broader primary-source verification land.

7. Acknowledgment

The framework rests on a primary-source observation from Rex Alexander, President of Five-Alpha LLC and NFPA 418 Chair, who helps states and municipalities write, update, and edit vertical flight infrastructure policies. Rex is acknowledged as Technical Reviewer on the methodology. AirIndex retains methodology authorship; tier placements are AirIndex’s judgment informed by reviewer input, public-source statute review, and practitioner observation.

See Also

AirIndex · Vertical Data Group, LLC · airindex.io