Airport Responsibility for Wildlife Management (2013)

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97 APPENDIX D—STATE AUTHORITIES CONCERNING AIRPORT WILDLIFE MANAGEMENT AND AIRPORT LAND-USE COMPATIBILITY ALABAMA Section Subject Summary The Code of Alabama 1975 Chapter 4-6 Airport hazards States legislative finding that airport hazards endanger lives and property on and within the vicinity the airport and that hazardous obstructions impair the airport’s utility by reducing the area available for aircraft operations. Identifies an airport hazard creation or establishment as an injury to the community and specifies prevention of airport hazards to be in the public interest. Specifies prevention, elimination, removal, alteration, or mitigation of airport hazards to be public purposes. Chapter 4-6 Airport zoning Allows a county (with specified population exception) or city with an airport hazard area within its zoning jurisdiction to adopt airport zoning regulations to specify land uses and restrict height of structures and trees within the airport hazard area. Specifies the zoning jurisdiction may include areas within two miles of the airport boundary unless limited by local law. Allows county or city to appoint an airport zoning commission with specified composition and duties. Provides for issuance of permits for new construction or use or for substantial changes to an existing structure or use and allows regulations to address discontinuance or removal of nonconforming uses. Provides for grant of variances under specified conditions. Addresses relationship of airport zoning regulations to other regulations. Alabama Administrative Code Chapter 60-X Department of Aeronautics Establishes regulations for the inspection, licensing and closure of airports by the Alabama Department of Aeronautics. Incorporates FAA guidance concerning design standards for airport construction and addressing objects affecting navigable airspace into the state regulations. Includes maintenance of obstruction-free approach and departure paths and runway safety areas as a minimum condition for the state’s airport operating license renewal. Airport hazard Defines “airport hazard” in relevant part as “any structure, object of natural growth, or use of land which obstructs the defined approach and departure paths applicable to that particular airport.” 60-X-4-.01 Municipal airports Allows municipal airport owner to control the entrance and access to the airport through fencing and other means. Provides that the municipality should prohibit certain activities on airport property, including cattle grazing. 60-X-5-.01 Aviation safety Requires general use airport construction site approvals from the Alabama Department of Aeronautics. Requires general public use airports to obtain operating licenses. Prohibits certain uses on airport property, including livestock grazing. 220-2-.27 Department of Conservation and Natural Resources Requires a Department permit for take of protected wildlife causing crop damage, property damage, or a reasonable concern for human safety. Specifies demonstration of specific damage is not required for a take permit for feral swine and coyotes. Specifies exemptions from permit requirement and conditions for permit issuance. Prohibits issuance of a permit to take, capture or kill protected wildlife causing damage to crops planted for wildlife management with certain exceptions. Requires wildlife damage control agents to be permitted by the Department. *Information current as of November 2011.

98 ALASKA Section Subject Summary Alaska Statutes Chapter 2.10 Aeronautics Authorizes the Department of Transportation and Public Facilities to supervise aeronautics and communications and to make recommendations for establishment, location, maintenance, operation, and use of airports,, landing fields, air markings and beacons, and other navigation facilities. Provides for Department regulations to adopt regulations prescribing minimum safety and operational standards consistent with federal regulations. Allows the Department to establish, operate, and regulate airports and air navigation facilities. Chapter 2.15 Airport hazard Defines “airport hazard” in relevant part as “a structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to the landing or taking off.” Chapter 2.25 Airport zoning Authorizes the Department to adopt airport zoning regulations for any airport to divide areas surrounding the airport into zones and to specify permitted land uses within these zones. Provides for regulations to regulate and restrict the height of structures and trees and to require abatement of lights or electronic signals or emissions that may create a hazard to aircraft operations. Identifies considerations related to adoption or revision of zoning regulations, including the character of flying operations, terrain, height of existing structures and trees above the airport level, potential to reduce or remove existing obstructions, and FAA view regarding the airport approaches needed for safe aircraft operations. Prohibits the Department from requiring removal or change in a nonconforming structure or tree or prohibiting the continuation of this type of use with certain exceptions. Provides for issuance of permits for new structures or uses and for repair or alteration of existing nonconforming uses. Allows the Department to acquire property or interests in property needed to remove, eliminate, or prevent the establishment of airport hazards or to mark or light obstructions. 2.25.110 Definitions Defines “airport hazard" in relevant part as “anything that may obstruct or interfere with the navigation or operation of aircraft on or in the vicinity of an airport.” Includes man-made structures, trees and other natural growths, lights or beacons, and electrical or electronic devices emitting signals capable of disrupting radio communication within this definition. Defines “airport hazard area" in relevant part as “an area in the vicinity of an airport in which a hazard to the operation of aircraft might be situated” as designated by the Department. Chapter 16.20 Endangered species Prohibits harvest, capture, or propagation of a state-listed endangered species except as authorized by a permit issued by the Commissioner of Fish and Game. Specifies the unpermitted harvest or capture of an endangered species is a misdemeanor. Alaska Administrative Code 5 AAC 95.720 Fish and Game Permits Specifies conditions for issuance of permit, including permit duration, use restrictions, mitigation to wildlife and wildlife habitat damage, monitoring, and financial assurance. Requires compliance with permit conditions.

99 ARIZONA Section Subject Summary Arizona Revised Statutes Chapter 28 Airport zoning Declares that the creation or establishment of an airport hazard is a public nuisance and a public injury to the community served by an airport. Specifies that prevention, elimination, removal, alteration, and mitigation of airport hazards are public purposes and in the interest of the public health, safety, and general welfare. Authorizes local governments with an airport hazard area within its jurisdiction to adopt, administer, and enforce airport zoning regulations for that area. Requires appointment of airport zoning commission for initial zoning and provides for establishment of a joint airport zoning board when an airport hazard area is outside the territorial limits of a local government owning or controlling the airport. Provides for the airport zoning regulations to divide the airport hazard area into zones, specify permitted land uses in these zones, and regulate and restrict the heights of structures or trees in these zones. Identifies considerations for adoption of airport zoning regulations, including the character of expected flying operations, terrain, neighborhood character, and land uses. Provides for the issuance of permits and variances and specifies the regulations may not (with certain exceptions) prohibit the continuation of a nonconforming use or require reduction, or change in nonconforming structures or trees. Makes violation of a regulation a misdemeanor. Addresses the relationship of airport zoning regulations to other regulations. 28-8461 Definitions Defines “airport hazard" as “a structure, tree or use of land that obstructs the air space required for flight of aircraft in taking off or landing at an airport or that is otherwise hazardous to aircraft taking off or landing.” Defines “airport hazard area" in relevant part as “an area of land or water on which an airport hazard might be established if not prevented.” Chapter 28 28-8272 Airport operations Requires aircraft operations to comply with federal regulations and federal standards for aircraft design, construction, and airworthiness. Chapter 28 28-8281 Killing Birds or Animals Authorizes Arizona Game and Fish Department employees and authorized federal agency employees may take coyotes by shooting from aircraft for wildlife and livestock management purposes. Specifies other intentional killing of birds or animals by an aeronaut or passenger while in flight is a class 1 misdemeanor. Chapter 17 Wildlife Depredation Allows a person suffering property damage from wildlife to take reasonable measures to alleviate the damage. Requires authorization by the Game and Fish Department for actions that injure or kill game mammals, game birds or wildlife protected by federal law. Allows the property owner to file a wildlife property damage report and for the Commission to investigate and provide technical assistance concerning anti-depredation measures, including trapping, capture, and relocation. Allows the Commission to establish special seasons or bag limits and to issue take permits when necessary to relieve property damage. Requires the permittee to deliver the edible portions of taken wildlife to the Commission for donation to a public institution or charitable organization. Arizona Administrative Code R12-4-320 Harassment of Wildlife Prohibits a person from taking action to harass, molest, chase, rally, concentrate, herd, intercept, torment, or drive wildlife with or from any aircraft or any motorized terrestrial or aquatic vehicle unless otherwise authorized by state law. Exempts actions by a state or federal employee

100 within the scope of official duties to protect land, water, wildlife, livestock, domesticated animals, human life, or crops from this prohibition. ARKANSAS Citation Subject Summary Arkansas Code Title 14, Subtitle 22, Chapter 363 Airport Zoning Authorizes local governments to adopt airport zoning regulations to protect airport approaches from obstruction, protect life and property on and near the airport, and to promote airport use and the public health, safety, and general welfare. Specifies the airport zoning regulations may divide the area surrounding airports (no greater than five miles from the airport) into zones. Allows the regulations to limit the height of existing and future structures and objects of natural growth in these zones as needed to protect airport approaches and provide sufficient turning space for flying operations, consistent with FAA standards. Authorizes the Commission to control and administer an airport serving more than one city. Identifies terrain in the vicinity of the airport, the height of existing structures and natural growth above the level of the airport, and potential to lower or remove existing obstructions as considerations for adoption of regulations. Specifies a city may adopt airport zoning regulations even when all or part of the airport or the area to be zoned is outside the city’s jurisdiction and provides for conflict with other city’s regulations. Recognizes the prevention of the creation or establishment of airport hazards is necessary in the interest of public health, public safety, and general welfare. 14-363-205 14-363-304 Noncon- forming uses Allows counties, cities, and towns to acquire property or property interests by purchase, grant, or condemnation for the purpose of eliminating or mitigating airport hazards associated with existing structures or natural growth that do not conform to the specified height limitations. Authorizes the local government to take immediate steps needed to remove an imminent danger to public health, safety, and general welfare associated with a structure or natural growth but requires the city to conduct a hearing to determine the compensation (if any) to the owner of the structure or growth. 14-363-206 Permits and variances Provides for issuance of permits to owners of existing structures or natural growth objects that do not confirm to the airport zoning regulations when adopted. Specifies requirements for permit application and reduction or removal of unpermitted nonconforming structures or natural growth. Specifies requirements for issuance of permits to change or repair nonconforming uses and provides that these permits will not be issued when the change or repair would cause the structure or growth to become a greater hazard to air navigation. Requires compliance with height restrictions in the airport zoning regulations when the nonconforming structure or natural growth has been more than 50% torn down or destroyed. Allows variances to be granted to construct a structure, increase the height of a structure, increase natural growth that will exceed applicable height limitations when the applicant shows a practical difficulty or unnecessary hardship and demonstrates the structure or natural growth will not constitute an undue hazard to aircraft operations. Specifies the grant of the variance may be conditioned on installation and maintenance of obstruction markers or lighting. 14-363-303 14-359-112 Zoning regulations Prescribes the scope of authority for counties, cities, and towns to adopt airport zoning regulations. Specifies all counties and cities of any class and

101 14-361-112 towns may adopt airport zoning regulations dividing the area surrounding the airports into zones and limiting the height of all existing and future structures and objects of natural growth therein. Allows cities and towns within 50,000' of an airport to promulgate and enforce zoning regulations within their respective city limits and authorizes counties within 50,000' of an airport in an unincorporated area to adopt these regulations. Specifies the general zoning regulations provisions must not be construed to limit a municipality’s authority to regulate airport hazards by zoning. Allows counties, cities, and towns to delegate airport zoning regulation authority to a zoning board or planning commission. Chapter 27-115 Aeronautics Authorizes the Arkansas Department of Aeronautics to plan, inspect, and license state airports, landing fields, and air navigation facilities and to close landing fields determined to be unsafe. Provides for the Department to issue licensing regulations; establish air space regulations supervise and regulate airport facility and operational safety; investigate and report the cause of aircraft accidents. Provides for consistent with federal regulations. Citation Subject Summary 14-357-106 Regulations Requires county airport commissions to adopt such regulations as needed for the proper operation and management of the airport and its related properties and facilities. Requires commission compliance with all federal and state civil air regulations as to air worthiness, certification, and operation of aircraft. Requires commission to protect all the aerial approaches to the airport within their jurisdiction. 14-361-102 Airport hazard Defines “airport hazard" as “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 the landing or taking off of aircraft.” 14-361-104 Airport facilities and property acquisition Authorizes municipalities to plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police airports and air navigation facilities, either within or without the territorial limits of the municipality and within or without the territorial boundaries of this state. Allows the municipality to acquire property by purchase, gift, devise, lease, eminent domain proceedings, or otherwise, acquire real or personal property or any interest therein, including easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airport or to permit the removal, elimination, obstruction-marking of obstructions, lighting of airport hazards, or to prevent the establishment of airport hazards. Chapter 15-45 Wildlife preservation Declares the promotion of sound management, conservation, and public awareness of Arkansas' rich diversity of native plants and nongame animals and conservation of species that are rare, threatened, endangered or of special significance to the state to be in the state’s best interest. Declares protection of natural areas significant to native plans and animals is also in the state’s best interest. Provides for financing of programs to protect nongame species through a voluntary designation on state income tax return forms. Chapter 15-46 Wildlife Resources Control of Predators and Pests Chapter (repealed).

102 CALIFORNIA Citation Subject Summary California Codes Government Code 50485.1 Airport hazard Defines “airport hazard” as “any structure or tree 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 of aircraft.” Defines “airport hazard area" in relevant part as “any area of land or water upon which an airport hazard might be established if not prevented.” Government Code 50485.2 Airport hazard–public nuisance Declares the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport and specifies a need to prevent creation or establishment of airport hazards in the interest of public health, safety, and general welfare. Specifies local governments may use funds and acquire property or property interests to prevent creation or establishment of airport hazards and to eliminate, remove, alter, mitigation, or mark and light existing airport hazards. Government Code 26027 26028 Airport zoning Requires counties and cities to provide for suitable areas for location of airports as conforming uses in zoning ordinances or to make a finding (after notice and public hearing) specifying there is no site in the zoned area that is suitable for an airport. 50485.6 Airport zoning commission Requires the establishment of an airport zoning commission before adoption of airport zoning regulations to recommend the zone boundaries and regulatory provisions. Specifies procedures for commission to issue its report and for the county or city to consider the recommendations. Specifies an established county or city planning commission will serve as the airport zoning commission. Government Code 50485.8 50485.10 Nonconforming uses Prohibits the county or city from requiring removal, lowering, or change of an existing use that does not conform to the airport zoning regulations when adopted or from interfering with the continuance of that use. Requires issuance of a permit to authorize replacement, substantial alteration or repair, or replacement or a nonconforming structure or replanting or increase in the height of a nonconforming tree. Specifies the permit will not be granted if it would result in a greater hazard to air navigation. Government Code 50485.10 Variances Provides for grant of a variance from the airport zoning regulations for establishment of a structure or natural growth, or a change in an existing structure or growth, which would not conform to the regulations. Specifies that a variance will be granted when practical difficulty or unnecessary hardship would result from literal application or enforcement of the regulations and the variance will not be contrary to the public interest. Allows the county or city to condition the variance on the applicant’s consent to the county or city (at government expense) to install, operate, and maintain markers and lights to identify the presence of an airport hazard. Government Code 50474 Airports Allows a local agency to regulate use of the airport and facilities and other property within or over the airport and exercise powers necessary or convenient for promotion of aeronautics and air commerce and navigation. Fish and Game Code 3470 Fish and Game Code–Airport Declares state policy to “actively encourage the safe and biologically sound management of wildlife resources” on state public use airport

103 3471 Wildlife Management property as regulated by the FAA. Recognizes that airport operations are governed by FAA regulations and policies and federal law protecting public health, safety, and welfare. Recognizes need for federally certificated airports to harass, harm and remove species consistent with federal law and permits to protect public health, safety, and welfare. Fish and Game Code 3472 3472.2 Depredation– Airport Property Specifies that take of birds by a FAA-certificated public use airport in compliance with a federal depredation permit authorizing this take does not violate state law if the take: occurs on lands owned or leased by the airport; does not occur on airport lands reserved for habitat mitigation or conservation purposes of the species being taken; and does not involve take of a fully protected, candidate, threatened, or endangered species. Requires the airport operator to submit the federal depredation permit and/or wildlife hazard management plan to the state and provide reasonable access for ensuring compliance with state requirements. Citation Subject Summary Fish and Game Code 3472.1 Take Authorizes take under state law only to relieve or prevent injurious situations affecting public safety and only as part of an integrated wildlife management program that emphasizes nonlethal management techniques. Public Utilities Code 21670 21670.1 21670.2 21674.5 Airport Land Use Commission Declares the state’s public interest in providing for the orderly development of public use airports and the area surrounding these airports. Specifies a purpose to protect public health, safety, and welfare by ensuring orderly airport expansion and land use measures to minimize safety hazards and noise exposure within areas around airports to the extent these areas do not already have established incompatible uses. Requires every county in which an airport is located (with specified exceptions) to establish a land use commission. Specifies composition of commission and procedure for appointment. Provides that if city and county officials may collectively determine that another designated body will assume the commission’s planning responsibilities. Prescribes requirements and process for development of airport land use compatibility plans and mediation of disputes associated with the plans. Specifies the plan provisions can rely on height, use, nose, safety, and density criteria in the state Airport Land Use Planning Handbook and FAA regulations. Exempts the Los Angeles and San Diego Counties from these provisions. Provides for the state Department of Transportation to develop training programs for commission staff. Public Utilities 21674.7 21675 21679 Airport land use compatibility plan Specifies state intent to discourage incompatible land uses near existing airports and to have local governments be guided by height, use, noise, safety, and density criteria compatible with airport operations, as provided in the Airport Land Use Planning Handbook published by the Division of Aeronautics of the Department of Transportation and in FAA regulations. Requires local commission to develop an airport land use compatibility plan for the long-term growth of the public airport and surrounding area to protect the general welfare of neighboring residents and the public. Specifies the plan may include building height restrictions, land uses, and buildings standards within the airport influence area as established by the commission. Requires local commission to submit plan to the Division of Aeronautics. Specifies process for action to compel development of an airport land use compatibility plan.

104 Public Utilities 21652 21653 Property Acquisition Authorizes local government to acquire property or property interests (including air rights) by purchase, donation, or condemnation needed to permit safe and efficient airport operations; permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards; or prevent the establishment of airport hazards. Specifies authority to provide for removal or relocation of any airport hazard, structures, and equipment interfering with airport and air navigation facilities location, expansion, development, or improvement. Public Utilities 21702 Aviation System Plan Specifies components of the California Aviation System Plan, including requirements to address aviation safety and airport land use compatibility. California Code of Regulations (California Administrative Code) Airport Design Standards Specifies minimum standards for a permitted airport. Title 14 § 671.1 Permits for Restricted Species Prohibits person from importing, exporting, transporting, maintaining, disposing of, or using for any species restricted under state law except as authorized by Department permit. Specifies requirements for permit application and issuance. Authorizes permits to be issued with conditions and restrictions the Department determines necessary to protect native wildlife, agriculture interests, animal welfare, and/or human health and safety for animal care, aquaculture, breeding, and other purposes. Allows issuance of permit for nuisance bird abatement through harassment. Prohibits permit for use for species for abatement purposes or intentional take of any bird protected by federal or state law. Requires the permittee to provide a copy of USFWS permits to the Department and maintain a written Emergency Action Plan. Requires permittee to report incidents involving a restricted species resulting in injury or death to a person. Provides for term of permit authorization. Specifies process and basis for denial and appeal of permit. COLORADO Section Subject Summary Colorado Statutes Annotated 41-4-108 Airport hazards Where necessary, in order to provide unobstructed airspace for the landing and taking off of aircraft utilizing airports or landing fields acquired or operated under the provisions of this part 1, any such county, city and county, city, or town, either singly or jointly, is authorized to contract or otherwise provide, by condemnation if necessary, for the removal of any airport hazard or the removal or the relocation of all private structures, railways, mains, pipes, conduits, wires, cables, poles, and other facilities and equipment which may interfere with the location, expansion, development, or improvement of such airports, restricted landing areas, and other air navigation facilities or with the safe approach thereto or takeoff by aircraft and to pay the cost of removal or relocation. A county, city and county, city, or town may acquire, in the same manner as is provided for the acquisition of property for airport purposes, easements through or other interests in airspaces over land or water, interests in airport hazards outside the boundaries of the airports or landing fields, and such other airport protection privileges as are necessary to ensure safe approaches to the landing areas of said airports or landing fields and the safe and efficient operation thereof. It is also hereby authorized to acquire, in the same manner, the right or easement, for a term of years or

105 perpetually, to place or maintain suitable marks for the daytime markings and suitable lights for the nighttime markings of airport hazards, and including the right of ingress and egress to or from such airport hazards, for the purpose of maintaining and repairing such lights and marks. This authority shall not be so construed as to limit any right, power, or authority to zone property adjacent to airports and landing fields, under the provisions of any law of this state. 41-4-109 Encroachment Prohibits constructions, reconstruction, or creation of any object or plant or allowing any tree or other vegetation to grow to a height that will encroach upon any airport protection privileges. Includes provisions for maintenance and replacement of existing structures which do not enlarge or increase the height of an existing structure. Declares encroachment to be a public nuisance and specifies abatement may be abated in the manner prescribed by law for the abatement of public nuisances. Provides for removal of encroachment on land for which airport protection privileges have been acquired. 33-1 Wildlife regulation Directs the state Department of Natural Resources Division of Parks and Wildlife to manage and regulate wildlife. Prescribes the powers and duties of the Division and provides for the Division to adopt regulations. Authorizes the Division to determine under what circumstances, when, in which localities, by what means, and in what types and amounts wildlife may be taken. Provides for the Division to establish seasons for wildlife hunting. Restricts regulations concerning the taking of black bears. 33-3 Wildlife damage Authorizes issuance of permits for lethal removal of wildlife by a property owner or other person when wildlife is causing excessive damage to property. Specifies requirements and conditions concerning permits. Code of Colorado Regulations 2 CCR 406 Wildlife regulation Establishes the Division’s regulatory program for management and protection of wildlife. Includes provisions for licensing and permitting and prescribes manner of taking and disposition of wildlife. Includes provisions related to migratory birds and nongame and game wildlife. Establishes regulations for take of wildlife causing damage to property. CONNECTICUT Section Subject Summary Connecticut Statutes Chapter 266 266-15-88 through 266-15-97 Airport zoning Declares the prevention of the creation or establishment of airport hazards is necessary in the interest of public health, public safety, and general welfare. Directs the Commissioner of Transportation adopt an airport approach plan for each publicly-owned airport in the state. Specifies the airport approach such plan must indicate the circumstances in which structures or trees are or would be airport hazards, the area within which measures for the protection of the airport's aerial approaches should be taken, and what the height limits and other objectives of such measures should be. Specifies the Commissioner must consider the character of the flying operations expected to be conducted at the airport, the nature of the terrain, the height of existing structures and trees above the level of the airport, the practicability of lowering or removing existing obstructions and all other material matters in adopting the plan. Requires local governments to adopt airport zoning regulations when determined necessary to protect airport approaches. Provides for establishment of a joint airport zoning board when the airport and airport hazard area are wholly or partially located in more than one jurisdiction.

106 Establishes permit requirements for new structures or uses, changes to existing uses, and replacement or substantial alteration of a nonconforming uses in airport hazard areas. Provides for local governments to grant variances to airport zoning regulations and provides for variances to be conditioned to require the property owner to allow (at government expense) the installation, operation, and maintenance of markers and lights to indicate the presence of an airport hazard. 266-15-88 Airport hazard Defines “airport hazard" as “any structure or tree which obstructs or may hereafter obstruct the aerial approaches of a publicly-owned airport.” 266-15-34 Airport protection privileges Defines “airport hazard" as “any structure, object of natural growth or use of land which obstructs the air space required for the flight of aircraft in landing or taking off at any airport, heliport or restricted landing area or is otherwise hazardous to such landing or taking-off.” Defines “airport protection privileges" as “easements through or other interests in air space over land or water, interests in airport hazards outside the boundaries of airports, heliports or restricted landing areas and other protection privileges the acquisition or control of which is necessary to insure safe approaches to the landing areas of airports, heliports and restricted landing areas and the safe and efficient operation thereof.” Chapters 490 and 495 Wildlife Establishes requirements for the Department of Environmental Protection regulation, protection, and management of wildlife. Includes provisions for hunting, trapping, possession, and transportation of wildlife and requirements for wildlife permits and licenses. Establishes requirements for and restrictions on take of wildlife and includes provisions for certain wildlife species. Includes requirements for designation and protection of endangered species. Connecticut Administrative Rules 13b-46 Airport licensing Establishes regulations for Department of Transportation licensing of airports. Provides for consideration of compliance with minimum standard of safety in determination regarding issuance of certificate of approval. Title 26 Wildlife regulations Establishes Department of Environmental Protection regulatory program for regulation, protection, and management of wildlife. Includes provisions for protection of endangered species, requirements concerning certain wildlife species, and permitting of hunting, trapping, possession, and take of wildlife, migratory birds, and nuisance wildlife control. DELAWARE Section Subject Summary Delaware Code 2 § 602 2 § 603 Obstructions in airport approach areas Requires a building permit issued by the local government for the construction, erection, placement or alteration of any smokestack, tree, silo, flagpole, elevated tank, power line, radio or television tower, antenna, building, structure or other improvement to real property which: (1) is greater than 200 feet in height above ground level; (2) is greater in height than an imaginary trapezoidal shape, beginning at the end of a runway of a public use airport, at an initial width of 50 feet, and extending outward and upward at a slope of 100:1 for a distance of 20,000 feet, to a width of 3,000 feet at its ending point; (3) is located within the runway approach area of each public use airport in the State; or (4) otherwise constitutes an obstruction as defined in under state law or FAA regulations. Requires Department of Transportation approval of the permit application. Establishes provisions for

107 Department review and permit issuance. Authorizes the Department to enter upon land within airport approach areas and remove obstructions to aviation. Provides for compensation to owners of obstructions erected prior to the enactment of the statutory provisions and for condemnation of property interests for these purposes in the manner accorded by general law. Prohibits new structures or changes to existing structures greater than 200 feet above ground level without approval from the Department. Provides for penalties for violations of the building permit requirements. 2 § 310 Hunting from aircraft Prohibits intentional killing or attempts to kill birds or animals while in flight. Title 2 Chapter 9 Airports Authorizes local governments to acquire property interests (including easements and air space rights) in airport hazards as needed to ensure safe approaches to landing areas and safe airport operations. Title 7 Chapters 1 through 7 Wildlife regulation Directs the Department of Natural Resources to manage and conserve protected wildlife, issue license and permits, and adopt rules concerning wildlife protection and management. Provides for regulations and prohibitions for game animals, game birds, migratory birds, and other wildlife. Prescribes requirements and methods for possession, hunting and trapping wildlife. Includes provisions for protection and permitting concerning endangered species. 7 § 114 Wildlife damage Establishes procedures and requirements for the Department to permit a property owner to kill or capture protected wildlife when wildlife are damaging crops, property, or other interests on land. Title 9 Zoning Establishes general zoning requirements for specified counties. Delaware Administrative Code 2151 Airport licensing Establishes regulations for criteria and procedures for airport licensing. 2152 Airport obstructions Establishes regulations implementing statutory airport obstruction provisions. Includes procedures and requirements for building permits, temporary obstructions, standards for determining obstructions, and removal of obstructions. 3900 Wildlife Establishes regulatory program implementing statutory wildlife provisions prescribing permitting, take methods, nuisance game animals, federally listed and state protected species, and other requirements concerning management and protection of wildlife. FLORIDA Section Subject Summary Florida Statutes 333.065 Airport zoning Declares airport hazards and the incompatible use of land in the vicinity of airports to be public nuisances and specifies that prevention of the creation or establishment of airport hazards and incompatible land uses is necessary in the interest of public health, public safety, and general welfare. Requires permit from the Department of Transportation for structures that would exceed federal height obstruction standards. Requires local governments within which an airport hazard is located to adopt airport zoning regulations. Provides for establishment of a joint airport zoning board when the airport and airport hazard area are wholly or partially located in more than one jurisdiction. Provides for incorporation of airport zoning regulations in to a comprehensive zoning ordinance. Specifies the more stringent limitation controls in the event of a conflict between airport zoning regulations and other

108 regulations. Includes provisions for adoption of airport zoning regulations. Establishes requirements for new structures or uses or substantial changes to existing uses in airport hazard areas. Includes provisions for permits to authorize replacement or substantial alteration of a nonconforming structure or natural growth when the permit will not result in a greater hazard to air navigation. Restricts permits for nonconforming uses determined to be abandoned or 80% destroyed. Provides for local governments to grant variances to allow structures or uses that would not conform to the airport zoning regulations. Provides that variances may be conditioned to require the property owner to install, operate, and maintain markers and lights to indicate the presence of an airport hazard. Requires the Department of Transportation to adopt guidelines regarding compatible land uses in the vicinity of airports. 333.01 Airport hazard Defines “airport hazard” as “any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29 and which obstructs the airspace required for the flight of aircraft in taking off, maneuvering, or landing or is otherwise hazardous to such taking off, maneuvering, or landing of aircraft and for which no person has previously obtained a permit or variance pursuant to s. 333.025 or s. 333.07.” Defines “airport hazard area” as “any area of land or water upon which an airport hazard might be established if not prevented.” Defines “airport land use compatibility zoning” as “airport zoning regulations restricting the use of land adjacent to or in the immediate vicinity of airports…to activities and purposes compatible with the continuation of normal airport operations including landing and takeoff of aircraft in order to promote public health, safety, and general welfare.” Chapter 379 Wild animal life Includes provisions for wildlife management, including hunting, capture, and trapping of wildlife and species-specific (e.g., alligator) management provisions Provides for penalties for permit violations and specified actions related to wildlife. Florida Statutes § 379.223 Airport wildlife management Recognizes the need to conduct authorized airport wildlife management activities to “prevent jeopardy to human life or aircraft safety” and provides that such actions will not be subject to penalties or restrictions under state law or superseded by state or local laws. Specifies that an airport operator’s “authorized action taken for the purpose of protecting human life or aircraft safety from wildlife hazards” will not be subject to penalties or sanctions under state law, provided these actions were not conducted in a negligent manner. Defines the actions that fall within this statutory protection to include action within the scope of any of the following: (1) airport’s wildlife hazard management plan, as approved by the Federal Aviation Administration; (2) depredation permit issued by the United States Fish and Wildlife Service; (3) standing order of the United States Fish and Wildlife Service; or (4) Rule 68A-9.010(4) or Rule 68A-27.002, Florida Administrative Code, or a permit authorizing the harassment of wildlife issued by the Fish and wildlife Conservation Commission. Identifies types of actions that do not qualify for the protection. Specifies the statute governs if an authorized action conflicts with a development permit or other land use or environmental permit, regulation, or authorization. Section Subject Summary Florida Administrative Code Chapter 14-60 Airport regulation Establishes Department of Transportation regulations for elimination of airport hazards, providing airfield standards for airports, and specifying

109 standards for airport marking and lighting. Provides for licensing and registration of airports and includes provisions for airspace protection. Rule 68A- 9.012 Take of wildlife on airport property Adopts regulations of the Florida Fish and Wildlife Conservation Commission for the scope of authorized take of wildlife, and the acceptable methods for take, on airport property “for the purpose of ensuring aircraft and human safety”. Provides that state authorization is not required for take of federally protected species pursuant to a federal authorization. Authorizes under specified circumstances the harassment and take of state-listed species and Florida black bears related to actions specified in an FAA-approved wildlife hazard management plan and on imminent threat to aircraft and human safety. Specifies permitted and prohibited methods of harassment, capture, take, and disposition of wildlife. Allows take of other (non-listed) wildlife on airport property if its “presence posses a potential threat to aircraft and human safety” (Rule 68A-9.012(3), Florida Administrative Code). Rule 68A- 9.010 Nuisance wildlife Specifies provisions to authorize take of nuisance wildlife by a property owner. Identifies prohibited methods of take for nuisance wildlife and authorizes take by other methods Exempts certain species (e.g., deer and black beer) from the nuisance take provisions and include conditions for take of other species (e.g., bats and bobcats). Specifies that birds protected under the federal Migratory Bird Treaty Act may not be taken without federal authorization (Rule 68A-9.010(1), Florida Administrative Code). Includes provisions for disposition (transportation, release, and euthanasia) of nuisance wildlife taken pursuant to this authorization also are specified (Rule 68A-9.010(3), Florida Administrative Code). 68A-27 Listed Species Establishes a regulatory program for recognition of federal protection and authorizations for federally listed species and state management, regulation, and permitting concerning state-designated species. Chapters 68A–68C Wildlife regulations Establishes the Commission’s regulatory program for wildlife in the state. Includes provisions for management of specific wildlife species and includes provisions and prohibitions for protection and management of wildlife. GEORGIA Section Subject Summary Official Code of Georgia Annotated Title 6 and 6-3-26 Aviation Establishes powers and duties of the Department of Transportation and local governments concerning aviation facilities. Provides powers and duties of airport authorities. Authorizes local government to acquire rights or easements to place markers and maintain equipment on buildings and other structures or obstructions for the safe operation of aircraft using airports and landing fields. Specifies rights and property interests may be acquired by purchase, grant, or condemnation and includes provisions for a period of years or perpetually. 32-9-8 Airport licensing Establishes requirements for Department of Transportation approval and licensing of airports and includes provisions for initial licensing and renewal, including minimum standards for airport layout, navigational aids, lighting, approach surfaces, landing surfaces, runway markings, and separation between airport sites. Title 27 Chapter 1 Wildlife regulation Authorizes the Department of Natural Resources to regulate and manage wildlife and to establish programs for wild animal licenses and permits and for wildlife restoration, management, and preservation. Authorizes the Department to take wildlife under specified conditions and includes

110 procedures and requirements for authorization of take, capture, possession, and transport of wildlife by others in the state. Includes prohibitions and conditions for take, hunt, possession, or transport of specified wildlife species and for nongame species. Prohibits destruction of or damage to wildlife habitats unless authorized. Specifies requirements for protected species. Title 36 Chapter 66 Zoning Establishes general zoning requirements and procedures for local governments. Georgia Rules and Regulations 672-9 Airport licensing Establishes regulations for airport licensing. Specifies the intent of the Department regulations is to provide a safer environment for the operation of aircraft. 672-9.-05 Landfill siting Establishes regulations concerning construction or establishment of a solid waste landfill within six miles of a public airport unless approved by the Department. Includes procedures and requirements for notice and approval of landfill construction or establishment. Specifies criteria for Department evaluation of request, including adverse impact on aviation safety. 391-4 Wildlife regulations Establishes regulatory program for the Department of Natural Resources regulation and management of wildlife. Includes provisions for hunting, wildlife habitats, and protection of endangered and threatened species. HAWAII Section Subject Summary Hawaii Revised Statutes Title 15 Chapter 262 Airport zoning Declares an airport hazard to be a public nuisance and specifies that the prevention of the creation or establishment of airport hazards is a public purpose. Specifies that prevention of the creation, maintenance, or establishment of airport hazards should be accomplished, to the extent legally possible, by exercise of the police power, without compensation. Authorizes the Department of Transportation to adopt airport zoning regulations to divide airport hazard areas into zones and to establish land uses and height restrictions for these zones. Specifies the more stringent limitation controls in the event of a conflict between airport zoning regulations and other regulations. Includes procedures for adoption of airport zoning regulations and for enforcement. Establishes permits requirements for new structures or uses, changes to existing uses, and replacement or substantial alteration of a nonconforming structure in airport hazard areas. Provides that permits may be conditioned to require the property owner to allow (at state expense) the installation, operation, and maintenance of markers and lights to indicate the presence of an airport hazard. 262-1 Airport hazard Defines “airport hazard" as “any structure or tree which obstructs the air space required for the flight of aircraft in landing or taking-off at an airport, or any use of land which creates a dangerous condition, including the placement of strong lights which blind pilots during such operations.” Defines “airport hazard area" as “any area of land or water upon which an airport hazard might be established if not prevented.” Defines “airport protection" as “protection against an airport hazard.” 263-10 Hunting from aircraft Prohibits intentional killing of animals or attempts to do so from aircraft while in flight. Chapter 195-D Wildlife conservation Establishes requirements for conservation of wildlife. Includes provisions for designation and protection of endangered and threatened species and for

111 penalties and enforcement. Hawaii Administrative Rules Chapter 19-11 Airport licensing Establishes the Department of Transportation regulations for airport site approval and airport licensing. Includes provisions for safety considerations in airport site evaluation. Chapter 19-12 Airport zoning Establishes the Department of Transportation airport zoning regulations to implement the statutory requirements. Includes provisions for height limitations, use restrictions, nonconforming uses, permits, exceptions, and enforcement. Chapters 121-124 Wildlife regulations Establishes wildlife regulatory program of the Division of Forestry and Wildlife to implement the statutory provisions. Includes provisions for designation and protection of threatened and endangered species. Specifies requirements for game bird and game mammal hunting. IDAHO Section Subject Summary Idaho Code Title 21 – Chapter 5 Airport zoning Declares an airport hazard is a public nuisance and an injury to the community served by the airport. Specifies public interest and necessity for preventing the creation or establishment of airport hazards. Specifies prevention of airport hazards should be accomplished through the police power, without compensation, to the extent legally possible. Identifies elimination, removal, mitigation, marking, and lighting of existing public hazards as public purposes for which public funds and property acquisition are authorized. 21-501 Aviation hazard Defines “aviation hazard" as “any new or existing structure, object of natural growth, use of land, or modification thereto, which endangers the lives and property of users of an airport, or of occupants of land in its vicinity, and that reduces the size of the area available for landing, taking off and maneuvering of aircraft, or extends up into the airspace between airports to cause disastrous and needless loss of life and property.” Defines “aviation hazard area" as “any area of land or water upon which an aviation hazard might be established if not prevented.” Directs the Department to adopt airport zoning regulations for aviation hazard areas within the state. Specifies procedure for zoning an aviation hazard area and the components of the regulations, including provisions for permits and variances and conditions for marking and lighting airport hazards. 21-515 Marking hazards Requires any structure, when determined by the Idaho Transportation Department to be a hazard or potential hazard to the safe flight of aircraft, to be plainly marked, illuminated, painted, lighted or designated in a manner to be approved by the Department. Title 36 – Chapter 11 Wildlife regulation Includes provisions for take of wildlife and permitted and prohibited methods of take. Includes provisions for captive wildlife and restrictions on possession, sale, transportation, and use of wildlife. Specifies measures for protection of migratory birds. Authorizes control, trapping, and removal of wild animals or birds and destruction of their houses, dams, or structures for the purpose of protecting property from depredation under specified conditions. Title 36 – Chapter 24 Species conservation Establishes provisions concerning state action regarding a request to delist federally listed endangered and threatened species and development of state delisting management plan.

112 Idaho Administrative Rules 39.04.01 Conformity with federal regulations Specifies state regulations regarding aircraft navigation within airspace will be kept in conformance with the current FAA regulations. Incorporates FAA regulations where not inconsistent with existing state regulations. ILLINOIS Section Subject Summary Illinois Compiled Statutes 620 ILCS 25 Airport zoning Requires the Department to formulate, adopt and revise, when necessary, an airport approach plan for each publicly-owned airport in the state. Specifies the plan must indicate the circumstances in which structures and trees are or would be airport hazards, the area within which measures for the protection of the airport's aerial approaches should be taken, and what the height limits and other objectives of such measures should be. Specifies considerations for Department in adopting the plan, including the character of the flying operations expected to be conducted at the airport, the traffic pattern and regulations affecting flying operations at the airport, the nature of the terrain, the height of existing structures and trees above the level of the airport, and the possibility of lowering or removing existing obstructions. Authorizes local governments having an airport hazard area wholly or partly within its territorial limits to adopt, administer, and enforce airport zoning regulations for that part of such airport hazard area within its territorial limits or which extends not more than two miles beyond its territorial limits. Specifies the regulations may divide such area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow. Provides for joint airport zoning boards and for incorporation of airport zoning regulations into comprehensive zoning regulations. Establishes procedure for adoption of airport zoning regulations. 620 ILCS 25/11 Airport hazard Defines "airport hazard" as “any structure or tree 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 of aircraft.” Defines “airport hazard area" as “any area of land or water, or both, upon which an airport hazard might be established if not prevented . . ., including any such area which has been declared to be an "airport hazard area" by the Department in connection with any airport approach plan adopted by the Department.” 620 ILCS 25/30 Height restrictions Requires a Department permit to erect, add to the height of, or replace any structure contravening the provisions of subpart (c) of Part 77 of the Federal Aviation Regulations. Provides for marking and lighting conditions on the permit for the structure. Specifies procedures for issuance of permits and Department adoption of regulations. 520 ILCS 5 Wildlife code Authorizes the Department to have the authority to manage wildlife and regulate the taking of wildlife for the purposes of providing public recreation and controlling wildlife populations. Requires the Department to take all measures necessary for the conservation, distribution, introduction and restoration of birds and mammals. Makes a hunting or trapping device, vehicle or conveyance, when used or operated illegally, or attempted to be used or operated illegally by any person in taking, transporting, holding, or conveying any wild bird or wild mammal, a public nuisance. Specifies all wildlife is the property of the state and identifies the wildlife protected by the

113 Department. Includes provisions and restrictions for specified wildlife species. Provides conditions for methods of take an disposition of wildlife. Prohibits take or possession of a bird of prey (raptor) without first obtaining a license or appropriate permit from the Department. 520 ILCS 10 Endangered and threatened species Includes provisions for designation, protection, and permitting of state-listed endangered and threatened species. Illinois Administrative Code Title 92 – Part 14 Aviation safety Establishes provisions for classification and approval of airports. Specifies requirements concerning obstruction and airport marking. Establishes design and layout standards for airports and restrictions on use. Specifies an airport must initially and continually be free of obstructions (e.g., buildings, trees, and power poles) to be eligible for a certificate of approval. 14.105 Airport hazard Defines “airport hazard” as “any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or takeoff at any airport or restricted landing area or is otherwise hazardous to such landing or takeoff of aircraft.” Section Subject Summary Title 92 – Part 16 Airport hazard zoning Declares an airport hazard is a public nuisance and an injury to the community served by the airport. Specifies public interest and necessity for preventing the creation or establishment of airport hazards. Specifies prevention of airport hazards should be accomplished through the police power, without compensation, to the extent legally possible. Identifies elimination, removal, mitigation, marking, and lighting of existing public hazards as public purposes for which public funds and property acquisition are authorized. Specifies height restrictions for certain airports for any growth, construction, or maintenance of any vegetation or structure and includes provisions for establishment of height limitations for specified surfaces. Establishes use restrictions with the specified areas. Includes procedures for adoption of airport zoning regulations. Requires issuance of permits for any use, change in use (e.g., constructing or altering a structure, planting vegetation, erecting vehicles or cranes) within the specified area when the use may create an airport hazard. Includes provisions for variances from airport zoning regulations, required considerations for grant of a variance, and imposition of variance conditions regarding installation, operation, and markers and lights to indicate the presence of an airport hazard. 16.30 Airport hazard Defines “airport hazard” as “any structure, object of natural growth, or use of land that obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing, takeoff, or maneuvering at or near an airport.” Title 17 – Part 525 Nuisance wildlife control Includes procedures for issuance of nuisance wildlife control permit and conditions concerning authorization of permits for protected species which are causing damage to property or a risk to human health or safety on the land of another. INDIANA Section Subject Summary Indiana Code IC 8-22 Airport Establishes requirements and procedures for designation of airport

114 development development zone area. Includes provisions for application of airport development zone requirements. Provides for establishment of airport authorities and specifies requirements related to authority operations. IC 8-22-3- 14 Restricted zones Authorizes establishment of a restricted zone to provide free air space for the safe descent and ascent of aircraft and for the proper and safe use of an airport or landing field. Authorizes acquisition by condemnation or purchase of the right to prevent the erection of, and to require the removal of, structures and trees within the restricted zone. Includes considerations for adoption of the regulations, including the neighborhood character, uses to which the property is to be zoned, nature of the terrain within the airport hazard area, and expected flying operations. IC 14-22- 11 Wildlife licenses and permits Establishes requirements for permits and licenses regarding wildlife actions; Indiana Administrative Code 105 IAC 3-3 Airport site approvals Specifies purpose to provide for the protection and promotion of safety in aeronautics. Provides for classification of airports and requirements for approval of airport site. 312 IAC 9-1 Wildlife regulation Establishes restrictions and standards applicable to wild animals. Includes provisions for capture and trapping of wildlife and specifications for permitted and prohibited methods of take. Specifies restrictions for regulation and take of certain wildlife species and conditions related to these species. Identifies and includes provisions for specified actions and particular species. IOWA Section Subject Summary Chapter 239 Airport zoning Declares an airport hazard to be a public nuisance and specifies that the prevention of the creation or establishment of airport hazards is necessary in the interest of public health, public safety, and general welfare. Authorizes local governments within which an airport hazard is located to adopt airport zoning regulations. Provides for a local government to adopt airport zoning regulations for an airport hazard area outside its jurisdiction and to seek judicial action on another local government’s failure to adopt regulations or join in joint regulations for that area. Provides for incorporation of airport zoning regulations in to a comprehensive zoning ordinance. Specifies the more stringent limitation controls in the event of a conflict between airport zoning regulations and other regulations. Requires appointment of airport zoning commission and includes procedures for adoption of airport zoning regulations. Establishes requirements for new structures or uses, changes to existing uses, nonconforming uses, and variances. Provides for local governments to, at government expense, require the removal or reduction of airport hazards or condition approvals on installation and operation of markers and lights to indicate the presence of an airport hazard. 329.1 Airport hazard Defines “airport hazard" as “any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 C.F.R. § 77.21, 77.23 and 77.25 as revised March 4, 1972, and which obstruct the air space required for the flight of aircraft and landing or take-off at an airport or is otherwise hazardous to such landing or taking off of aircraft.” Defines “airport hazard area" as “any area of land or water upon which an airport hazard might be established if not prevented.”

115 Chapter 481A – 481C Wildlife Provides for state ownership, management, and regulation of wildlife. Includes requirements and conditions for hunting, trapping, possession, and take of wildlife. Specifies provisions for protection of endangered wildlife. Includes requirements for removal, capture, and destruction of wildlife causing damage to property or for protection of human health. Specifies requirements for issuance of permits for take of wildlife causing crop, horticultural product, tree, or nursery damage. Includes provisions concerning migratory game birds. Iowa Administrative Code 761-720 Airport licensing Specifies regulations for site approval, registration and registration renewal requirements for public airports. Provides minimum safety standards for airports. 571-76 through 571-115 and 561- 12 Wildlife regulations Establishes regulatory program for management and protection of wildlife. Identifies and specifies requirements for wildlife species not protected under state law and species designated as endangered or threatened. Includes provisions for hunting, trapping, and capture of specified wildlife. Provides for control of nuisance wildlife KANSAS Section Subject Summary Kansas Statutes 3-301 through 3-708 Airport zoning Declares airport hazards to be a public nuisance. Authorizes local governments meeting specified conditions to adopt airport zoning regulations and establishes procedures for development and approval of regulations. Specifies the local government regulations may divide the area into zones and, within the zones, specify the land uses permitted and regulate and restrict the height to which structures may be erected or objects of natural growth may be allowed to grow. Requires the appointment of an airport zoning planning agency for initial adopt of the airport zoning regulations. Provides for incorporation of airport zoning regulations in to a comprehensive zoning ordinance. Specifies the more stringent limitation controls in the event of a conflict between airport zoning regulations and other regulations. Includes procedures for adoption of airport zoning regulations. Establishes requirements for new structures or uses or substantial changes to existing uses in airport hazard areas. Includes provisions for permits to authorize replacement or substantial alteration of a nonconforming structure or natural growth when the permit will not result in a greater hazard to air navigation. Provides for local governments to grant variances to allow structures or uses that would not conform to the airport zoning regulations. Provides that variances may be conditioned to require the property owner to allow (at government expense) the installation, operation, and maintenance of markers and lights to indicate the presence of an airport hazard. 3-701 Airport hazard Defines “airport hazard” as “any structure or tree 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 of aircraft.” Defines “airport hazard area” in relevant part as “any area or land or water upon which an airport hazard might be established if not prevented.” 3-711 Acquisition of property Provides for acquisition of property interests (including air rights and aviation easements) through purchase, grant, or condemnation when necessary to

116 protect airport approaches or remove, lower, or terminate a nonconforming use. 32-955 Wildlife damage Specifies wildlife damage control permits may be required for wildlife damage control by use of poison, poisonous gas, smoke or ferrets or by use of any smoke gun or other device for forcing smoke or any other asphyxiating or deadly gas or liquid into the holes, dens, runways or houses of wildlife. 32-901 through 32-999 Wildlife regulation Includes provisions for regulation and permitting of wildlife by the Kansas Fish and Wildlife and Parks Commission. Specifies state ownership of wildlife. Establishes programs for conservation and deer management. 32-957 and 32- 960 Protected species Includes provisions for state designation of endangered and threatened species and nongame species in need of conservation. Kansas Administrative Code 115-7 Wildlife regulation Includes provisions for regulation, management, and permitting of game and other wildlife. 115-15 Protected species Identifies state-designated endangered and threatened species and nongame species in need of conservation. KENTUCKY Section Subject Summary Kentucky Revised Statutes Chapter 150 Wildlife regulations Establishes provisions for state regulation, management, and permitting of actions related to wildlife. Authorizes destruction or control any wild animal, fish or wild birds, protected or unprotected, which are causing damage to persons, property or other animals, fish or birds or spreading diseases and which should be eliminated or controlled to prevent further damage. Provides for depredation permits for take of hunting wild elk, deer, wild turkey, or bear. Prohibits take of migratory fowl unless authorized by federal permit. Includes restrictions on take, disturbance, or destruction of bird nests or eggs. Chapter 183 Airport zoning Establishes the Kentucky Airport Zoning Commission to adopt rules concerning airport zoning regulations and exercise jurisdiction over specified facilities. Specifies the Commission will identify areas around airports needed for safe maneuvering, approach, and landing of aircraft. Specifies factors for Commission consideration regarding airport zoning regulations, including the character of flying operations conducted at the airport, the nature of the terrain, the height of existing structures and trees above the level of the airport, the views of officials of the Federal Aviation Administration as to the safe approaches required for operations at the airport, the future development of the airport including extensions to runways that may be required, the density of dwellings that may safely be permitted in the area, protection of the public investment in the airport and its facilities, the interest of the public in developing a sound public air transportation system within the state and the views and opinions of those owning land in such area. Includes provisions for grant of variances for uses not conforming to the airport zoning regulations. Provides for acquisition of property interests (including air rights and aviation easements) through purchase, grant, or condemnation when necessary to protect airport approaches or remove, lower, or terminate a nonconforming use.

117 Kentucky Administrative Regulations 600 KAR 50:030 50:040 50:050 Kentucky Airport Zoning Commission Establishes jurisdiction of the Kentucky Airport Zoning Commission (airspace and land). Specifies standards for basic facilities for all airports. Specifies uses allowed within the airport and uses the Commission may authorize as not constituting airport hazards (e.g., bank and financial institutions, retail and wholesale stores). Provides for application and review of a land use permit. Establishes provisions for adoption and revisions of airport zoning maps. Specifies standards for determining obstructions to air navigation. LOUISIANA Section Subject Summary Louisiana Revised Statutes 2:1 Airport hazard (10) "Airport hazard" means any structure, object of natural growth, or use of land, which obstructs the air space required for the flight of aircraft in landing or taking off at any airport or restricted landing area or is otherwise hazardous to such landing or taking off. 2:137 2:389 Property acquisitions Authorizes local governments to acquire by grant, purchase, or lease certain rights (perpetual or a term of years) to place and maintain markers and lights for buildings or other structures or obstruction for the safe operation of aircraft utilizing airports and landing fields. Authorizes local governments to acquire by purchase, grant, or condemnation property interests to remove, lower, or terminate a nonconforming use or provide necessary protection for an airport approach. 2:382 through 2:390 Airport zoning Declares the prevention of the creation or establishment of airport hazards is necessary in the interest of public health, public safety, and general welfare. Authorizes local governments to adopt airport zoning regulations to divide areas surrounding airport into zones and specify land uses and restrict heights of structures and uses within these areas. Section Subject Summary 2:382 through 2:390 Airport zoning Provides for establishment of a joint zoning board and for incorporation of airport zoning regulations in to a comprehensive zoning ordinance. Establishes requirements for new structures or uses, changes to existing uses, nonconforming uses, and variances. Provides for local governments to, at government expense, condition permit and variance approvals on installation and operation of markers and lights to identify an airport hazard. Title 56 Wildlife Authorizes the Wildlife and Fisheries Commission to manage, regulate, and protect wildlife. Includes requirements and permitting, licensing, and other conditions for hunting, trapping, possession, sale and take of wildlife and provisions for actions concerning birds, game animals, protected wildlife, and certain wildlife species (e.g., deer). Provides for enforcement of and penalties for violations of wildlife requirements. Includes prohibitions for harassment or disturbance of wildlife and for interference with lawful taking of wildlife. Louisiana Administrative Code Title 70 Part IX Aeronautics Includes regulations concerning identification and development of airport projects and procedures for funding of airport projects. Title 76 Wildlife regulation Establishes Wildlife and Fisheries Commission regulatory program for management, protection, and regulation of wildlife to implement the statutory provisions.

118 MAINE Section Subject Summary Maine Revised Statutes Title 6 Chapter 13 Airport zoning Declares an airport hazard to be a public nuisance and specifies that the prevention of the creation or establishment of airport hazards is necessary in the interest of public health, public safety, and general welfare. Authorizes local governments within which an airport hazard is located to adopt airport zoning regulations to divide areas surrounding the airport into zones and to specify the land uses and restrict the heights of structures and uses within these areas. Includes factors for consideration in adopting or revising airport zoning regulations, including the character of the flying operations expected to be conducted at the airport, nature of the terrain, height of existing structures and trees above the level of the airport, possibility of lowering or removing existing obstructions, and views of the FAA. Provides for establishment of a joint zoning board and incorporation of airport zoning regulations in to a comprehensive zoning ordinance. Establishes requirements for new structures or uses, changes to existing uses, nonconforming uses, and variances. Restricts permits for nonconforming uses determined to be abandoned or 80% destroyed. Provides for local governments to condition permit or variance approvals on installation and operation of markers and lights to indicate the presence of an airport hazard. Authorizes acquisition by purchase, grant or condemnation of an air right, easement to protect airport approaches. Title 12 Chapters 913 through 327 Wildlife Specifies authority for the Department of Inland Fisheries and Wildlife to manage, regulate, and protect wildlife. Includes procedures for issuance and suspension or revocation of licenses and permits. Establishes provisions for hunting and trapping seasons, requirements, and restrictions. Authorizes killing of wildlife observed causing damage to property and includes provisions applicable to specified wildlife (e.g., bears). Includes requirements and conditions for harvest and transport of wildlife. Code of Maine Rules 229-400 Airport use (Augusta Airport) Specifies conditions for administration, operation, and use of Augusta Airport. Requires aircraft operations to conform with regulations and directives of Federal Aviation Administration, Civil Aeronautics Board, and Maine Department of Transportation. 09-137 Wildlife regulations Establishes regulatory program of the Department of Inland Fisheries and Wildlife for management, protection, and regulation of wildlife to implement the statutory authority and provisions. Includes requirements and conditions for hunting and trapping activities, wildlife in captivity, and endangered species. Includes specific requirements for significant wildlife habitat. MARYLAND Section Subject Summary Maryland General Statutes (Annotated Code of Maryland) 5-4A-01 Airport districts Defines “airport district” to include designated “land on which a privately owned commercial or public use airport is situated” and designated “private land proximate to a commercial or public use airport.” Establishes state purpose to preserve airport districts for the purpose of conserving land that is available for the future development of airports, ensuring access to commercial and recreational aviation in the State; and protecting airports and land proximate to airports as open space land. Authorizes local governments

119 to establish airport districts and to acquire easements for development rights in airport districts. Prescribes land use restrictions on property subject to easement. 5-501 through 5-511 Airport zoning by state Authorizes the Maryland Aviation Administration to adopt airport zoning regulations to protect the aerial approaches of any airport owned by the state. Includes requirements and conditions for state regulations. Specifies the more stringent limitation prevails in the event of conflict between the airport zoning regulations and other regulations. Includes list of specific uses (e.g., transmission lines, manufacturing facilities emitting smoke that might interfere with safe airport operations, or rifle ranges) that are prohibited in areas subject to airport zoning regulations unless otherwise authorized. Requires a permit for substantially alteration of a nonconforming structure or use or for any activity otherwise prohibited by the statute. 5-604 through 5-617 Airport zoning by local governments Authorizes local governments to adopt airport zoning regulations to protect airport approaches. Provides for local governments to establish a joint zoning board. Includes factors adopting or revising airport zoning regulations, including the character of the flying operations expected to be conducted at the airport, nature of the terrain, height of existing structures and trees above the level of the airport, possibility of lowering or removing existing obstructions, aerial traffic risks, and views of the FAA. Provides procedures for adopting and amending regulations. Establishes permit requirements and conditions for new structures or uses, changes to existing uses, and nonconforming uses, and variances. Allows local governments to condition approvals on installation and operation of markers and lights to indicate the presence of an airport hazard. 5-701 through 5-707 Obstructions Provides for the Administration to adopt regulations concerning erection and maintenance of obstructions to air navigation with provisions for incorporation of FAA standards. Provides for obstruction marking and lights, nonconforming uses, and variances. Title 10 Wildlife Establishes authority and requirements for the Department of Natural Resources to manage, regulate, and protect wildlife. Includes requirements and restrictions provisions for hunting licenses and permits for wildlife and specific provisions for certain types of wildlife (e.g., waterfowl). Specifies requirements and permitting conditions for nongame and endangered species and includes provisions for captive wildlife. Code of Maryland Administrative Regulations 11.03.05 Obstructions to navigation Establishes regulations governing the erection and maintenance of any obstruction to air navigation that interferes with the public right of freedom of transit in air commerce, endangers the lives and property of those using the air space for transportation, or endangers lives and property. Includes provisions for determining obstructions to air navigation and notice of construction of alteration. Establishes requirements for nonconforming uses and variances. Provides for enforcement and penalties. 11.03.06 Airport zoning Establishes regulations regarding airport zoning regulations to implement the statutory provisions. Provides for establishment of airport zoning districts, height restrictions, variances, nonconforming uses, and permitting requirements and conditions. 8.03 Wildlife regulations Establishes Department of Natural Resources regulations to manage, protect, and regulate wildlife. Provides for take of wildlife, with specific provisions for specified species and permits to possess protected species of wildlife birds. Includes provisions for general wildlife hunting regulations, upland game birds and mammals, and reptile and amphibian possession permits. Includes

120 provisions concerning threatened and endangered species and provides for issuance of wildlife damage control permits. MASSACHUSETTS Section Subject Summary Massachusetts General Laws Title 14 Chapter 90 Section 40A – 40I Airport zoning Authorizes cities (except Boston) and towns to adopt airport approach regulations to divide affected areas into sections and regulate and restrict the height to which structures and trees may be erected or allowed to grow within each section. Includes procedures for adoption of airport approach regulations, state approval of regulations, and recognition of existing nonconforming uses. Includes provisions for issuance of permits and variances and provides for conditions on permits or variances to require owner of structure or tree to permit the local government (at government expense) to install, operate, and maintain suitable obstruction markers and obstruction lights. Provides for requirement to remove structures erected in violation of the regulations. Authorizes local governments to acquire easements, air rights, or other property interests for protection of airport approaches. Title XIX Chapter 131 Wildlife Establishes authority and requirements for the Department of Fisheries, Wildlife and Environmental Law Enforcement to manage, protect, and regulate wildlife. Specifies requirements and conditions for issuance of sporting, hunting, fishing, and trapping licenses. Specifies requirements for import, transport, and sale of wildlife and includes specific provisions for certain types of wildlife. Authorizes property owners to hunt, kill, or take wildlife damaging property under specified conditions. Includes provisions for Department technical assistance for control or elimination of damage by moose or deer to property actively devoted to agricultural or horticultural use. Code of Massachusetts Regulations 702 CMR 5.0 Airports Specifies minimum requirements for airports concerning operations. Prohibits actions to alter, destroy, remove, carry away, or change the position of any object pertinent to the proper functioning or marking and lighting of airports or restricted landing areas or other aeronautical facilities unless authorized. Requires Massachusetts Aeronautics Commission approval of private airport safety regulations. 321 CMR 1.0–11.0 Specifies requirements and conditions for hunting of wildlife, with specific provisions for certain types of wildlife. Includes provisions for take, possession, and sale of wildlife and methods for capture, trapping, and disposition of wildlife. Establishes regulations concerning listing and taking of endangered and threatened species and species of special concern. MICHIGAN Section Subject Summary Michigan Compiled Laws 259.431 – 259.465 Airport zoning Declares an airport hazard to be a public nuisance and specifies the prevention of creation or establishment of airport hazards, and elimination, reduction, abatement, and marking or lighting of existing airport hazards, are public purposes for which public funds may be used. Directs state Aeronautics Commission to adopt and revise an airport approach plan for each public airport. Specifies airport approach plan must determine circumstances in which structures and trees are or would be airport hazards, airport hazard

121 area within which measures for protection of airport's aerial approaches should be taken, and what height limits and other objectives of measures should be. Authorizes local governments after determining that an area is in an airport hazard area to adopt airport zoning regulations. Provides for establishment of joint airport zoning board and for incorporation of airport zoning regulations into a comprehensive zoning ordinance. Includes provisions for adoption of regulations and appeals of decisions. Establishes permit requirements and restrictions for new structures or uses, changes to existing uses, and nonconforming uses and provides for grant of variances. Provides permits and variances may be conditioned to require property owner to allow (at government expense) installation, operation, and maintenance of markers and lights to identify an airport hazard. Section Subject Summary 259.481 – 259.493 Tall structures Requires permits from the Commission for establishment of structures meeting certain criteria, including structures that: increase the height of an existing structure, are higher than 200 feet above the ground elevation at the structure's site, or are higher than an imaginary plane extending outward and upward at specified slopes. Includes procedures for application and decisions on permits and includes provisions for enforcement and penalties. 259.433 259.434 Airport hazard Defines “airport hazard” as “any structure or tree or use of land or of appurtenances thereof which obstructs the air space required for the safe flight of aircraft in landing or taking off at an airport or is otherwise hazardous or creates hazards to such safe landing or taking off of aircraft.” Defines “airport hazard area” as “any area of land or water, or both, upon which an airport hazard might be established if not prevented . . . including any such area which has been declared to be an “airport hazard area” by the Michigan aeronautics commission in connection with any airport approach plan adopted by said commission.” Chapter 324 Wildlife Establishes regulations for take, possession, sale, transportation, and regulation of wildlife. Includes provisions for permitting of take of wildlife and prohibitions and restrictions on killing, trapping, and injuring certain types of wildlife unless authorized. Michigan Administrative Code R 259.291 through 259.254 Airport hazards and tall structures Establishes regulations concerning airport hazards and tall structures to implement the statutory provisions. Includes provisions for development of airport zoning regulations, nonconforming uses, and approval of structures meeting specified criteria. Declares that an encroachment upon an airport protection area arising out of the erection, rebuilding, alteration, growth, or maintenance of a structure, vegetation, or other object constitutes a public nuisance and may be abated. R 299.1021 through R 229.1028 Endangered and threatened species Specifies lists of endangered and threatened species.

122 MINNESOTA Section Subject Summary Minnesota Statutes 360.062 through 360.074 Airport zoning Declares an airport hazard to be a public nuisance and specifies that the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, or mitigation are public purposes for which public funds may be used. Authorizes local governments within which an airport hazard is located to adopt airport zoning regulations. Provides for establishment of a joint airport zoning board when the airport and airport hazard area are wholly or partially located in more than one jurisdiction. Specifies the Department of Transportation may recommend an airport approach plan for each public airport, which is to include the circumstances in which structures or trees are or would be airport hazards, the airport hazard area, and what measures should be taken to eliminate airport hazards. Specifies local government regulations must conform to the Department- prescribed airport approach and turning standards for airports. Requires state zoning boards for state-owned airports. Provides for incorporation of airport zoning regulations in to a comprehensive zoning ordinance. Specifies the more stringent limitation controls in the event of a conflict between airport zoning regulations and other regulations. Includes provisions for adoption and appeals of airport zoning regulations and requires state approval of regulations. Establishes requirements for new structures or uses, changes to existing uses, nonconforming uses, and variances.. Provides that permits and variances may be conditioned to require the property owner to allow (at government expense) the installation, operation, and maintenance of markers and lights to indicate the presence of an airport hazard. Section Subject Summary 360.074 Property acquisition Authorizes local governments to acquire property interests (including easements and air rights) to remove, lower, or otherwise terminate a nonconforming structure or use or protect an airport approach. Chapter 97A – 97B Wildlife Provides for state ownership of wildlife and specifies authority and requirements for the Department of Natural Resources to manage, protect, and regulate, permit, and license actions related to wildlife. Includes provisions for hunting, trapping, and fishing, possession and sale of wildlife, and for regulation of migratory birds. Specifies wildlife requirements for take of wildlife and their structures when the wildlife is damaging property. Includes requirements and conditions for licenses to authorize actions to take, buy, sell, transport, or possess protected wild animals and provisions for licensing related to specified wildlife species. Specifies enforcement provisions and penalties. Minnesota Rules 8800 Airport regulations Establishes regulations concerning height restrictions and determination of air obstructions to navigation. Includes provisions concerning airport licensing. Provides regulations concerning airport zoning regulations to implement the statutory provisions. 6212 Wildlife regulations Establishes Department of Natural Resources regulatory program to implement the statutory provisions. Includes requirements and conditions for licenses and permits and provisions for regulation and protection of endangered and threatened species. Specifies requirements and conditions for hunting and for take and possession of wildlife permits.

123 MISSISSIPPI Section Subject Summary 61-7 Airport zoning Declares an airport hazard to be a public nuisance and specifies that the prevention of the creation or establishment of airport hazards is necessary in the interest of public health, public safety, and general welfare and should be accomplished to the extent legally possible without compensation. Authorizes local governments within which an airport hazard is located to adopt airport zoning regulations. Provides for establishment of a joint airport zoning board when the airport and airport hazard area are wholly or partially located in more than one jurisdiction. Provides for incorporation of airport zoning regulations into a comprehensive zoning ordinance. Specifies the more stringent limitation controls in the event of a conflict between airport zoning regulations and other regulations. Requires appointment of an airport zoning commission before initial adoption. Includes provisions for adoption of airport zoning regulations. Establishes permit requirements for new structures or uses, changes to existing uses, and nonconforming uses in airport hazard areas and provides for grant of variances. Provides that permits variances may be conditioned to require the property owner to allow (at government expense) the installation, operation, and maintenance of markers and lights to indicate the presence of an airport hazard. 61-7-3 Airport hazard Defines “airport hazard" as “any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking- off at any airport or is otherwise hazardous to such landing or taking-off of aircraft.” Defines “airport hazard area" means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.” 49-04 49-05 49-08 Wildlife Provides authority and direction to the Department of Wildlife, Fisheries and Parks for management, regulation, and protection of wildlife. Includes prohibitions and provisions for protection on birds and game and fish management. Establishes requirements for designation and protection of nongame wildlife in need of management and of endangered species. Specifies prohibitions and requirements for actions to import, transfer, sell, purchase or possess wild animals. Mississippi Administrative Code 37-1-5101 Airports Establishes regulations for funding of airport construction and improvement projects. MISSOURI Section Subject Summary Missouri Revised Statutes Chapter 305 Airport zoning Declares an airport hazard to be a public nuisance. Declares the prevention of the creation or establishment of airport hazards and elimination, removal, alteration, or marking and lighting of airport hazards to be public purposes for which public funds may be used and to be necessary in the interest of public health, safety, and general welfare. Provides for adoption of airport zoning regulations for areas within two miles of the airport boundary. Includes specific zoning requirements for Greene County. Provides for recognition of nonconforming uses existing at the time the zoning regulations are adopted. Provides for establishment of an airport zoning committee before initial adoption. Includes provisions for adoption of airport zoning regulations. Establishes requirements for new structures or uses or substantial changes to

124 existing uses, and for replacement of or changes to nonconforming uses. Provides for local governments to grant variances to allow structures or uses that would not conform to the airport zoning regulations and to condition variance to require the property owner to install, operate, and maintain markers and lights to indicate the presence of an airport hazard. Chapter 252 Wildlife Declares ownership of wildlife to be in the state. Prohibits take, pursuit, killing, possession or disposal of wildlife except in the manner, at the time, and to the extent authorized by state regulations. Provides penalties for violations. Includes provisions and establishes prohibitions for endangered species. Code of State Regulations Title 3 Division 10 Wildlife regulations Establishes the Department of Conservation regulatory program for management and protection of wildlife. Includes provisions for hunting and fishing seasons, methods , and limits. Provides for issuance of permits and establishes standards and methods for take, trapping and confinement. Includes provisions concerning specified wildlife (e.g. migratory birds, deer). MONTANA Section Subject Summary Montana Code Annotated Chapter 67-7 Airport zoning Declares tall trees and structures and certain types of development in the vicinity of an airport endanger lives and property and specifies that the prevention of the creation or establishment of airport hazards are public purposes for which public funding may be used. Provides for designation of airport affected areas and adoption of zoning regulation to regulate land uses in airport affected areas. Provides for establishment of a joint airport affected area regulation board when the airport and airport affected area are wholly or partially located in more than one jurisdiction. Provides for incorporation of airport zoning regulations in to a comprehensive zoning ordinance. Specifies the more stringent limitation controls in the event of a conflict between airport zoning regulations and other regulations. Includes provisions for adoption and appeals of airport zoning regulations. Establishes permit requirements for new structures, new uses, changes to existing uses, and replacement or alteration of nonconforming uses in airport affected areas. Restricts permits for nonconforming uses determined to be abandoned or 80% destroyed. 67-7-103 Airport affected area Defines “airport affected area” as “the land as space above the ground surface of an airport in the proximity of the airport, the use of which may be affected by the airport’s existence” including areas described in federal regulations. Title 87 Chapter 5 Wildlife protection Authorizes the Department of Fish, Wildlife and Parks to adopt regulations concerning protection of nongame and endangered species. Includes prohibitions regarding protected species and procedures for regulation, permitting, and authorization of take of wildlife and methods for take, possession, and capture of wildlife. Includes provisions concerning migratory birds and for protection of birds and their nest and eggs. Section Subject Summary Montana Rules Chapter 18.13 Aeronautics Establishes procedures and requirements for aeronautical grants and loans. Chapter 12.9 Wildlife regulation Establishes Department regulations concerning wildlife management and includes provisions for management and regulation of specified wildlife (e.g.,

125 black bear, gray wolf, elk). Includes provisions for game damage hunts and licenses. Includes procedures and requirements for wildlife permits, including permits for wild birds and migratory birds. NEBRASKA Section Subject Summary Nebraska Revised Statutes Chapter 3 Aeronautics Provides that the Department of Aeronautics will cooperate with the federal government and with local governments to coordinate and promote aeronautical activities. Authorizes the Department to adopt regulations and standards to address safety of persons or property in aircraft or on land and to recommend airport and restricted landing area sites. Specifies the Department will license airports, restricting landing areas, and air navigation facilities. 3-101 3-302 Airport hazard Declares the creation or establishment of an airport hazard to be a public nuisance. Defines “airport hazard” as “any structure, object of natural growth, or use of land which obstructs the air space required for the flight of aircraft in landing or taking off at any airport or restricted landing area or is otherwise hazardous to such landing or taking off.” Declares the prevention of airport hazard creation or establishment to be a public purpose 3-203 3-204 3-205 Property acquisition Authorizes municipalities to acquire property by purchase, donation, or condemnation for airport expansion or other purposes. Allows municipalities to acquire property, property interests, or air space interests when needed to provide unobstructed air space for the landing and taking off of aircraft or for restricted landing areas. Prohibits construction or establishment of an object or planting or growth vegetation that encroaches upon these airport protection privileges and declares the encroachment a public nuisance. 3-303 through 3-311 Zoning regulations Requires local governments with an airport hazard area to adopt and enforce airport zoning regulations meeting minimum requirements prescribed by the Department. Specifies regulations may divide the airport hazard area into zones and restrict height of uses (structures and trees). Provides for establishment of a joint zoning board when an airport and airport hazard area(s) are within different jurisdictions. Establishes procedures for adoption or airport zoning regulations. Requires a permit for construction or establishment of new structure or substantial alteration or repair of an existing structure. 3-305 3-306 Relationship to other regulations Provides that airport zoning regulations may be incorporated into the local government’s comprehensive zoning regulations. Specifies the most stringent limitation or requirement governs in event of conflict between any airport zoning regulations and other regulations. 3-311 3-312 3-313 Nonconforming uses and variances Requires a permit for replacement or substantial alteration of a nonconforming structure or natural growth. Prohibits issuance of permit that would allow a greater hazard to air navigation. Allows grant of variance for structures or natural growth that would not conform to the airport zoning regulations based on practical difficulty or unnecessary hardship from application or enforcement and when the variance would not be contrary to the public interest. Specifies the variance may be conditioned on a requirement for the property owner to allow the local government (at government expense) to install, operate, and maintain markers and lights needed to indicate the presence of an airport hazard. 3-401 Obstructions to Declares public right of freedom of transit in air space and specifies any

126 through 3-406 air navigation obstruction to air navigation interferes with this right. Specifies that regulation and control of erection and maintenance of obstructions to air navigation to be necessary for public health, safety, and welfare. Establishes height limitations and includes procedures for Department approval of structures meeting specified height. Section Subject Summary Chapter 37 Wildlife Authorizes the Game and Parks Commission to adopt regulations concerning take of wildlife. Defines “take” to mean “harass, wound, hunt, trap, fish, or harvest fur” or attempt to do any of these actions. Provides for issuance of permits for take and possession of wildlife, including take of raptors for falconry and killing of deer, antelope, and elk. Prohibits use of an aircraft, vessel, or conveyance to molest, chase, drive, or harass any game animal or bird or to cause a game animal or bird to depart from its habitat. Specifies prohibited methods of take, including explosive traps or device operated by poison gas or gunpowder or setting traps unless authorized by the Department. Prohibits possession or take of any protected bird or its nest or eggs. Section Subject Summary 37-563 Nuisance birds Authorizes the Commission to adopt regulations for control of nuisance bird individuals or populations to reduce or avert depredation on crops, livestock, or trees or when they are concentrated in numbers and in a manner to constitute a health hazard or other nuisance. Provides the regulations may specify control methods and species to be controlled. 337-806 Endangered or threatened species Identifies any federally listed species to be a state-listed species with the same designation as under federal law. Prohibits take of listed species except as authorized by Commission regulations. NEVADA Citation Subject Summary Nevada Revised Statutes Chapter 494 State Airports Authorizes the state to plan, establish, construct, maintain, and operate airports and air navigation facilities. Allows the state to acquire property interests in airport hazards or lands outside the airport boundaries as needed to permit safe and efficient airport operations or permit the removal, elimination, obstruction, marking, and lighting of airport hazards or prevent the establishment of airport hazards. Declares the acquisition of property interests for these purposes to be a public purpose and matter of public necessity. 494.020 Airport hazard Defines “airport hazard” as “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 of aircraft.” Chapter 496 Municipal airports Authorizes municipalities to plan, establish, construct, maintain, operate, and regulate airports and air navigation facilities in their jurisdictions. Allows the state to acquire property interests in airport hazards or lands outside the airport boundaries as needed to permit safe and efficient airport operations or permit the removal, elimination, obstruction, marking, and lighting of airport hazards or prevent the establishment of airport hazards. Declares the acquisition of property interests for these purposes to be a public purpose and matter of public necessity

127 496.020 Airport hazard Defines “airport hazard” as “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 of aircraft.” 496.120 496.210 Airport regulations Authorizes municipality with an airport to adopt regulations for airport management and use. Provides for public agencies to establish agreements for joint action concerning airport management and regulation. Specifies airport statutory provisions should not be construed to limit authority of municipality to regulate airport hazards by zoning. Chapter 497 Airport zoning Authorizes a local government with an airport hazard area(s) within its jurisdiction to adopt airport zoning regulations to prevent creation or establishment of airport hazards. Allows the establishment of an airport zoning commission before initial adoption of the airport zoning regulations. Requires Allows for establishment of a joint airport zoning board by the airport authority and affected local governments with power to adopt airport zoning regulations. Specifies process for adoption and appeal of airport zoning regulations and for establishment of the joint airport zoning board. 497.020 Airport hazard Defines “airport hazard” as “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 of aircraft.” Defines “airport hazard area” as “any area of land or water upon which an airport hazard might be established if not prevented.” 497.060 Relationship with other laws Specifies airport zoning regulations may be incorporated into a local government’s comprehensive zoning ordinance. Provides that the most stringent regulation governs in the event of a conflict between the airport zoning regulations and other regulations. 497.110 through 497.140 Permits, variances and nonconforming uses Requires issuance of a permit for establishment or construction of a new structure or use or for substantial change of an existing use. Provides for grant of a variance for a use that would not conform to the airport zoning regulations when practical difficulty or unnecessary hardship would result from application or enforcement and when the variance would not be contrary to the public interest. Allows conditioning of the variance on the installation, operation, and maintenance of markers and lights to identify the presence of an airport hazard. Prohibits airport zoning regulations from requiring the removal, lowering, or other change in any structure or tree not conforming to the regulations when adopted. Requires a permit for substantial alteration or replacement of a nonconforming structure or use. Prohibits issuance of permit if it would result in a greater airport hazard. Chapter 45 Wildlife Requires the Department of Wildlife to adopt regulations and policies to preserve, protect, manage, and restore wildlife and wildlife habitat. Includes specific prohibitions for killing of specified wildlife (e.g., elk, deer, and black bear) and imposes penalties for violations. NEW HAMPSHIRE Section Subject Summary New Hampshire Statutes Title 39 Chapter 424 Airport zoning Declares that the prevention of the creation or establishment of airport hazards is necessary in the interest of public health, public safety, and general welfare. Directs the Department of Transportation to prepare an airport approach plan for every public airports. Requires local governments within which an airport is located to adopt airport zoning regulations to divide

128 the area surrounding the airport into zones and establish land uses and height restrictions in these areas. Provides for incorporation of airport zoning regulations in to a comprehensive zoning ordinance. Establishes permit requirements for new structures or uses, changes to existing uses, and nonconforming uses, and provides for grant of variances. Provides that permits and variances may be conditioned to require the property owner to allow (at government expense) the installation, operation, and maintenance of markers and lights to indicate the presence of an airport hazard. 424:1 Airport hazard Defines “airport hazard'' as “any structure, tree, smoke, steam, dust or other substance which obstructs the aerial approaches of a publicly owned airport or impairs the reasonable visibility in the vicinity thereof, electrical impulses and disturbances which interfere with radio aids or communications and lights which might result in glare in the vision of pilots of aircraft or be confused with airport lights.” 424:10 Property acquisition Authorizes local governments to acquire air rights, easements, or other property interests by purchase, grant, or condemnation when the acquisition: (1) is desired to remove, lower, or otherwise terminate a nonconforming use; (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations; or (3) appears advisable for protection by acquisition rather than by airport zoning regulations. Title 28 Chapter 207–214 Wildlife regulations and methods of take Includes requirements and prohibitions concerning take of wildlife, including the manner, number, or quantity of fish, game, fur-bearing animals, or protected birds. Specifies requirements for actions to buy, sell, transport, and possess wildlife whenever taken or killed. Specifies prohibited and lawful methods of taking and includes provisions for hunting methods, equipment, and limitations. Establishes prohibitions and requirements for importation, possession, transportation, and release of wildlife and permits related to these actions. Includes requirements and conditions for specified wildlife and game animals (e.g., moose, caribou, elk, mountain lion). Includes provisions for licenses and permits. Provides definitions, prohibitions, and provisions concerning endangered and threatened species and nongame species. New Hampshire Administrative Rules FIS 300 – FIS 310 Wildlife regulation Establishes Fish and Game Department regulations concerning management and regulation of wildlife to implement the statutory provisions. Establish requirements, permit provisions, and conditions for game birds and game and furbearing animals. Includes provisions for wildlife depredation permits, permits for wildlife causing property damage, and wildlife damage control operators. Establishes provisions for control of nuisance black bears. NEW JERSEY Section Subject Summary New Jersey Statutes Title 6 Aviation Provides for state regulation of aircraft and establishes requirements for airport licensing and for conformance with federal design, construction, and airworthiness standards for aircraft navigation. 6:1-80 through 6:1-88 Air Safety and Zoning Act Declares the creation of an airport hazard is a public nuisance and an injury to the community served by the airport. Specifies need to prevent the creation or establishment of an airport hazard in the interest of public health, public safety, and the general welfare. Provides for municipalities to notify owners within a delineated airport safety zone and for sellers of property within the

129 delineated zone to provide notice to buyers. Provides for the Department of Transportation to adopt regulations delineating airport safety zones for all affected airports and specifying standards for permitted and prohibited land uses within airport safety zones. Requires municipalities containing any part of an airport safety zone to adopt an ordinance conforming to the Department standards. 6:1-82 Airport hazard Defines “airport hazard” as any “use of land or water, or both, which creates a dangerous condition for persons or property in or about an airport or aircraft during landing or taking-off at an airport.” Includes within the “airport hazard” definition any “structure or tree which obstructs the airspace required for the flight of aircraft in landing or taking-off at an airport.” Defines “airport safety zone” as “any area of land or water or both, upon which an airport hazard might be created or established, if not prevented.” 6:1-86 6:1-88 Nonconforming uses Authorizes the Department of Transportation to acquire by purchase, grant, or condemnation property interests (including air rights) to remove or lower a nonconforming use or eliminate or reduce airport hazards. Requires the Department to adopt regulations for permit issuance for creation or establishment of nonconforming uses. Title 23 Fish and Game Includes provisions for management, protection, and regulation of wild birds and animals and state-listed endangered species. New Jersey Administrative Code Title 16 Chapter 54 Airport licensing Requires licensing by the State of Transportation for specified aeronautical facilities, including airports. Specifies the procedures and requirements for application and approval of airport licenses and establishes the minimum acceptable design standards for airport facilities. Specifies operational standards for airport facilities. 16:54-1.3 Safety zone area Defines “safety zone area” as “any area of land or water or both, upon which an aeronautical hazard might be created or established.” Title 16 Chapter 56 Airport Safety Fund Program Governs funding from the Airport Safety Fund Program to promote aviation safety and other purposes. Includes eligibility for funding of aviation safety programs and acquisition of property interests for clear zones and clear areas. Title 16 Chapter 62 Air safety and zoning Establishes minimum standards for control of airport and aeronautical hazards and land uses adjacent to airports. Allows the Department of Transportation to adopt a special or amended standard when required by local conditions. Prescribes method for delineating airport safety zones. Prescribes minimum land uses standards for local regulations, including lists of specifically permitted and prohibited land uses around airports. Specifies process for municipal and Department approval of a prohibited land use or vertical development and requires Department permit before construction of these uses. 16:62-1.1 Airport hazard Defines “airport hazard” as any “use of land or water, or both, which creates a dangerous condition for persons or property in or about an airport or aircraft during landing or taking-off at an airport.” Includes within the “airport hazard” definition any “structure or tree which obstructs the airspace required for the flight of aircraft in landing or taking-off at an airport.” Defines “airport safety zone” as “any area of land or water or both, upon which an airport hazard might be created or established, if not prevented.” 16:62-1.2 16:62-6.1 Nonconforming uses Prohibits regulations from requiring removal of change in a structure or tree (natural growth) not conforming to the regulations when adopted. Requires municipalities which include within their boundaries any part of the airport safety zone to adopt an ordinance incorporating the minimum standards specified by Department regulations. Includes provisions for and conditions on

130 Department issuance of permits for creation or establishment of a nonconforming use or vertical height development within an airport safety zone. 16:62-2.1 Variances Prohibits a municipality from granting a variance from the minimum standards specified by the Department regulations except when conditioned upon issuance of a Department permit allowing the variance. Title 7 Chapter 25 Fish and Wildlife Authorizes regulation of fish and game, including endangered wildlife, by the Department of Environmental Protection, Division of Fish and Wildlife. Requires a Department permit for possession of any nongame or exotic species of any mammal, bird, reptile, or amphibian. Includes procedures for permit application and review. Requires a Department permit for possession of an endangered species under limited specified circumstances and provides for proof of federal authorization for federally listed species. Provides for a Department permit to be issued for possession of a “potentially dangerous species,” defined to include birds, mammals, reptiles, or amphibians determined by the Division to be capable of “inflicting series or fatal injuries or which has the potential to become an agricultural pest or a menace to the public health or indigenous wildlife populations.” Specifies the Department may issues this permit after a clear showing that the regulatory criteria have been satisfied. NEW MEXICO Section Subject Summary New Mexico Statutes Annotated Chapter 3-39 Airport zoning Declares an airport hazard to not be in the public interest. Authorizes local governments to require removal and elimination of structures or natural growth determined to constitute a hazard to the efficient and safe use of the airport and to acquire the property interest(s) necessary to effectuate this action. Authorizes local governments to prepare and adopt airport approach plans to identify airport hazards, protection measures, height limits and other actions. Requires local governments including areas an airport approach plan determines requires measures to protect airport approaches to adopt airport zoning regulations. Includes procedures for adoption of zoning regulations and enforcement and remedies for violations. Establishes permit requirements for new structures or uses or substantial changes to existing uses in airport hazard areas and for grant of variances to requirements of airport zoning regulations. 3-39-17 Airport hazard Defines “airport hazard” to include any overhead power line interfering with radio communications between a public airport and aircraft as well as a structure or tree which obstructs the aerial approaches of an airport or is otherwise hazardous to landing or taking-off of aircraft. Chapter 64-2-2 Joint zoning board Authorizes joint zoning board to exercise powers and duties of legislative bodies authorized under the Municipal Airport Zoning Law to adopt regulations for land use compatibility around airports. Chapter 17-2 Wildlife Establishes a program for management, permitting and regulation of game, wildlife and endangered species. Chapter 17-3 Wildlife Damage Provides for permit to be issued to property owners to capture or destroy protected game doing damage to crops or property based on specified conditions.

131 NEW YORK Section Subject Summary New York Codes, Rules and Regulations Article 15 Airport commissions Specifies provisions for actions of airport commissions for specified airports and for development and operation of air transportation facilities at these airports. Section 11-0110 Interference with lawful wildlife taking Prohibits actions that interfere with lawful taking of wild game and other animal life. 11-0521 11-0523 Destructive wildlife Authorizes an environmental conservation officer to take wildlife that has become a nuisance. Provides for issuance of permits to landowners for take of nuisance wildlife. Provides for take of destructive or menacing wildlife without a permit under specified conditions. 78.46 79.46 Animal entry on airport Prohibits entry of animals in or upon the airport property of specified airports with certain exceptions (e.g., seeing-eye dogs and shipped animals). Part 182 Listed species Establishes provision for state classifications of endangered and threatened species and species of special concern and protection and permitting provisions for listed species. Includes provisions for issuance of incidental take permits for transport, sell, import, and possess listed species, exemptions from permitting, and required findings for permit issuance. Prohibits activities likely to result in take of listed species unless authorized. 180.1 Dangerous wildlife Identifies species of wildlife determined to be dangerous to human health and welfare, individual residents, or indigenous wildlife populations. Includes provisions to capture these species to protect the public, residents, and wildlife populations. NORTH CAROLINA Section Subject Summary North Carolina General Statutes 63-1 Airport hazard Defines “airport hazard” as “any structure or tree 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 of aircraft.” Defines “airport hazard area” in relevant part as “any area or land or water upon which an airport hazard might be established if not prevented.” 63-1 Airport protection privileges Defines “airport protection privileges to include easements or other interests in land, water, or air or interests in airport hazards outside the local government’s jurisdiction for which the control or acquisition is needed to insure safe airport and landing area approaches and operation. 63-30 through 63-37.1 Airport zoning Declares an airport hazard to not be in the public interest. Authorizes local governments to adopt airport zoning regulations. Provides for establishment of a joint zoning board with other local governments. Includes procedures for adoption of zoning regulations and enforcement and remedies for violations. Establishes permit requirements for new structures or uses or substantial changes to existing uses in airport hazard areas and for grant of variances to requirements of airport zoning regulations. Provides requirements for permits to replace or substantially alter nonconforming uses when the permit would not create a greater hazard to air navigation. Includes permit restrictions for nonconforming uses determined to be abandoned or at least 80% destroyed or decayed. Provides for local governments to acquire property interests (including air rights to protect airport approach areas.

132 113-270.1 Wildlife licenses and permits Specifies requirements and procedures for issuance of wildlife licenses and permits by the Wildlife Resources Commission. Includes provisions for authorization of hunting, capture, and transport activities. 113-274 Wildlife permits Authorizes the Wildlife Resources Commission to issue: (1) depredation permits for the take, destruction, transfer, removal, transplant, or driving away of undesirable, harmful, predatory, excess, or surplus wildlife.; (2) captivity permit to possess live wildlife; (3) transportation permit to transport wildlife resources within the state; (4) exportation or importation permit for export or import of wildlife resources from or into the state; (5) trophy wildlife sale permit; and (6) other permits. 113-276.1 Regulatory authority Establishes Commission’s regulatory authority concerning licensing. 113-291.1 Take Specifies permitted and prohibited methods of take of game, wild animals, and wild birds. 113-291.3 Possession, sale, and transport Includes provisions for authorization of take, possession, sale, or transport of wild birds and their eggs or nests. 113-291.6 Trapping Specifies permitted and prohibited methods of trapping wildlife. 113-3331 Listed species Includes definitions, procedures for listing, and prohibitions concerning state- listed endangered and threatened species and wildlife species of special concern. North Carolina Administrative Code 15 NCAC 10B.0105 Migratory birds Specifies requirements and restrictions for take of migratory game birds. 15 NCAC 10B.0106 Depredation Specifies requirements and process for issuance of depredation permits for take of wildlife causing property damage. Specifies manner of take and disposition of depredating wildlife. Prohibits issuance of depredation permit for take any state-listed species and for any federally listed species without federal authorization. 15A NCAC 10B.0201 Manner of Take Specifies prohibitions on take and manner of take of identified species of wildlife (e.g., bear, deer, foxes and bird species) and with specified exemptions and conditions. NORTH DAKOTA Section Subject Summary North Dakota Century Code Chapter 2-04 Airport zoning Declares an airport hazard to be a public nuisance and specifies that the prevention of the creation or establishment of airport hazards is necessary in the interest of public health, public safety, and general welfare. Authorizes local governments within which an airport hazard area is located to adopt airport zoning regulations. Provides for establishment of a joint airport zoning board when the airport and airport hazard area are wholly or partially located in more than one jurisdiction. Requires adoption of an airport zoning commission before initial adoption. Provides for incorporation of airport zoning regulations in to a comprehensive zoning ordinance. Specifies the more stringent limitation controls in the event of a conflict between airport zoning regulations and other regulations. Includes procedures for adoption of airport zoning regulations and appeals of airport zoning decisions. Establishes permit requirements and conditions for new structures or uses, changes to existing uses, and nonconforming uses in airport hazard areas and provides for grant of variances. Allows permits and variances to be conditioned to require the

133 property owner to allow (at government expense) the installation, operation, and maintenance of markers and lights to indicate the presence of an airport hazard. 2-04-01 Airport hazard Defines “airport hazard" as “any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at any airport or is otherwise hazardous to such landing or taking off of aircraft.” Defines “airport hazard area" means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.” 20.1 Wildlife Specifies authority and duties of the Game and Fish Department to manage, regulate, and permit wildlife. Establishes requirements and conditions for licenses to hunt, trap, and transport wildlife and specifies exemptions and provisions related to specified wildlife. Specifies protection measures for protected birds, nests, and eggs and big game animals and establishes conditions and restrictions for take of game birds and animals. North Dakota Administrative Code 6-02 Airport runway approach hazards Specifies criteria, requirements, and minimum standards governing the construction or maintenance of hazards or obstructions near runway approaches to any airport, landing area, or landing strip. Establishes procedures for determining obstructions. Specifies procedure for determining limiting heights above ground for obstructions. 30-02 30-04 Wildlife regulations Includes general licensing and permitting requirements and conditions and provisions concerning regulation of specified wildlife (elk, moose, deer). Prohibits using an aircraft to hunt or harass any wildlife without a permit, based on the Game and Fish Department determination that a permit is necessary for the protection of livestock, domesticated animals, wildlife, or human life, and that aircraft hunting is the preferred method of predatory animal control. Specifies requirements and conditions for holding, domesticating, propagating, or releasing game birds or game animals. OHIO Section Subject Summary Ohio Revised Code Chapter 4561 Aeronautics Authorizes the Department of Transportation to adopt aeronautics regulations, specifies the Department’s power and duties, includes licensing and registration provisions, and establishes the Office of Aviation within the Department. 4561.01 Air navigation hazard Defines “air navigation hazard” as “any structure, object of natural growth, or use of land that obstructs the air space required for the flight of aircraft in landing or taking off at an airport or landing field, or that otherwise hazardous to such landing or taking off.” 4561.03 4561.33 Structures affecting airport operations Requires (with specified exceptions) a permit for installation of a structure or object of natural growth that is expected to penetrate into the airport’s clear zone surface, horizontal surface, conical surface, primary surface, approach surface, or transitional surface. Includes provisions for replacement of an existing structure without a permit within specified height parameters. Provides for issuance of the permit from an airport zoning board or by the Department under specified conditions. 4563 Airport zoning Declares an airport hazard to be a public nuisance. Provides for establishment of airport zoning boards and for boards to adopt airport zoning regulations

134 under specified conditions. Requires appointment of airport zoning commission for initial adoption of airport zoning regulations. Specifies the regulation best calculated to insure safety controls in the event of a conflict between airport zoning regulations and other regulations. Includes provisions for adoption, administration, and enforcement of airport zoning regulations. Establishes requirements for new structures or uses or substantial changes to existing uses in airport hazard areas. Includes provisions for permits to authorize replacement or substantial alteration of a nonconforming structure or natural growth when the permit will not result in a greater hazard to air navigation. Provides for grant variances to allow structures or uses that would not conform to the airport zoning regulations. Provides that permit may be conditioned to require the property owner to allow (at government expense) the installation, operation, and maintenance of markers and lights to indicate the presence of an airport hazard. 4563.01 Airport hazard Defines “airport hazard” as “any structure or object of natural growth or use of land within an airport hazard area that obstructs the air space required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.” Defines “airport hazard area” in relevant part as “any area or land adjacent to an airport that has been designated” by the Office of Aviation or water upon which an airport hazard might be established if not prevented.” 5501 Airport protection Establishes requirements and procedures for the Department’s Office of Aviation to issue of permits for structures that will penetrate into navigable airspace. Specifies standards for determining obstructions and navigable airspace. Includes provisions for marking and lighting abandoned structures and for maintaining objects of natural growth. Provides for enforcement and penalties for violations. Chapters 1501 and 1531 Wildlife regulation Includes authority for Division of Wildlife to regulate and manage wildlife and to enforce wildlife law and rules. Specifies prohibited methods of take for migratory game birds. Includes provisions for seasons, limits, and possession of particular species and general hunting and trapping requirements. Authorizes trapping of nuisance wildlife under specified conditions. Provides for protection of species threatened with extinction and for regulation of specified wildlife and damage resulting from such wildlife (e.g., deer). Identifies and establishes requirements for listing and protection endangered animals and plants. OKLAHOMA Section Subject Summary Oklahoma Statutes 29-1 Wildlife conservation Includes provisions for regulation by the Oklahoma Wildlife Conservation Commission to regulate hunting, trapping, and taking of game and nongame birds and wildlife and for protection of state-listed endangered and threatened species. Establishes provisions for protected wildlife. Includes provisions for regulation of specified wildlife species and identified nuisance species. Oklahoma Administrative Rules 25:10 Airport zoning Airport zoning regulations (revoked). 25:30 Aircraft pilot and protection Establishes procedures for construction of structures in the vicinity of public airports. Requires a permit from the Oklahoma Aeronautics Commission for construction or initiation of a structure for an “incompatible purpose” in the

135 primary surface or runway protection zone; structures within three statute miles from a public use airport with height greater than 150 feet above the airport elevation, and structures with height exceeding specified conditions. Establishes obstruction standards for structures with incompatible purposes or tall structures. Includes exemptions from permit requirement, procedures for review and decisions on permit applications, and penalties for violations of regulations. 800:25 Wildlife regulation Establishes criteria for listing species as threatened or endangered. Establishes regulations for permitting of nuisance wildlife control operators and for agents to control of Canada geese and relocate their nests and eggs. Includes permit requirements and procedures for issuance of nuisance wildlife and depredation permits. OREGON Section Subject Summary Oregon Revised Statutes Chapters 835 and 836 Aviation and airports Authorizes the State Aviation Board to establish a plan for development of airports and to cooperate with federal and local agencies in development of aviation activities. Requires the Board to adopt rules governing seaplane safety and operations. Incorporates safety considerations into airport site approval. Specifies requirements for establishment and regulation of airports. Provides that regulations do not limit the power of local governments to regulate airport hazards by zoning. Prohibits construction of structures constituting a physical hazard to air navigation. Requires local governments to amend comprehensive land use plans to incorporate airport regulations. 836.005 Airport hazard Defines “airport hazard” as “any structure, object of natural growth, or use of land that 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 of aircraft.” Chapter 498 Wildlife Declares wildlife is state property and prohibits taking, hunting, possession, or trapping of wildlife in violation of state wildlife laws or regulations. Authorizes take by a property of wildlife that is causing damage to property, is a public nuisance, or that poses a health risk but requires a permit from the Oregon Fish and Wildlife Conservation Commission for this take when the wildlife is a game mammal or game bird, fur-bearing mammal or nongame wildlife species. Specifies a state take permit is not required for take authorized by a federal permit. Includes prohibitions on and provisions regarding methods of take for specified wildlife. Specifies restrictions for hunting or trapping in specified areas. Authorizes take of bears or cougars posing a threat to human safety under specified conditions. Oregon Administrative Rules 660-013 Airport Planning Establishes Department of Land Conservation and Development regulations for airport planning to reduce risks to airport operations and nearby land uses. Provides for preparation and coordination of aviation plans and local government adoption of airport safety overlay zones in local regulations to prohibit structures and uses from penetrating airport imaginary surfaces. Requires local governments to incorporate airport compatible land use provisions in comprehensive plans and land use regulations. Specifies land use compatibility requirements for public airports. Provides a “safe harbor” for existing or allowed airport related uses and existing and acknowledge comprehensive plans and development regulations.

136 635-002 635-043 635-044 Wildlife permits Specifies requirements for permits to take or harass wildlife and for holding or capturing wildlife. Includes provisions for protected species and provisions concerning methods of hunting and trapping wildlife. Specifies requirements for disposition of wildlife taken for damage, bear and cougar taken as a threat to human safety, and wildlife or wildlife parts. 635-435 Wildlife control operations Establishes requirements for permitting of wildlife control operators. PENNSYLVANIA Section Subject Summary Pennsylvania Statutes and Consolidated Statutes Chapter 51 Airport hazard Defines “airport hazard" as any “structure or object, natural or manmade, or use of land which obstructs the airspace required for flight of aircraft in landing or taking off at an airport or is otherwise hazardous to the landing or taking off of aircraft." Defines “airport hazard area" as any “area of land or water upon which an airport hazard might be established if not prevented.” Chapter 59 §§ 5911- 5920 Airport zoning Requires local governments within which an airport hazard is located to adopt airport zoning regulations and establishes procedures for development and approval of regulations. Specifies the local government regulations may divide the area into zones and, within the zones, specify the land uses permitted and regulate and restrict the height to which structures may be erected or objects of natural growth may be allowed to grow. Requires the appointment of an airport zoning planning agency for initial adopt of the airport zoning regulations. Provides for establishment of a joint airport zoning board when the airport and airport hazard area are wholly or partially located in more than one jurisdiction. Provides for incorporation of airport zoning regulations in to a comprehensive zoning ordinance. Specifies the more stringent limitation controls in the event of a conflict between airport zoning regulations and other regulations. Includes provisions for adoption and appeals of airport zoning regulations. Establishes requirements for new structures or uses or substantial changes to existing uses in airport hazard areas. Includes provisions for permits to authorize replacement or substantial alteration of a nonconforming structure or natural growth when the permit will not result in a greater hazard to air navigation. Provides for local governments to grant variances to allow structures or uses that would not conform to the airport zoning regulations. Provides that variances may be conditioned to require the property owner to allow (at government expense) the installation, operation, and maintenance of markers and lights to indicate the presence of an airport hazard. Provides for acquisition of property interests (including air rights and aviation easements) through purchase, grant, or condemnation when necessary to protect airport approaches or remove, lower, or terminate a nonconforming use. Title 34 – Chapter 1 Wildlife Authorizes the Pennsylvania Game Commission to control, manage, and regulate wildlife. Title 34 – Chapters 21 – 25 Wildlife regulation Authorizes killing game or wildlife to protect agricultural crops and livestock from in connection with actual destruction or just cause to determine reasonable apprehension of imminent destruction. Requires a property owner to make every reasonable effort to live trap protected wildlife species. Prohibits killing of game or wildlife to protect a person unless a human is endangered to a degree that the immediate destruction of the game or wildlife is necessary. Prohibits disturbance of game or wildlife and prohibits specified

137 activities to lure or bait wildlife onto property. Prohibits take or possession of protected birds or their nest or eggs unless authorized. Establishes provisions for designation and protect of state endangered and threatened species. Includes provisions regarding prohibited and permitted methods of taking and pursuing game and wildlife. Pennsylvania Code 67 § 471.7 Airport licensing Specifies criteria and requirements for airport licensing. Requires airports to be operated in a safe manner and provides for safety inspections of airports. 67 § 479.1 Obstruction to aircraft Requires Department of Transportation approval for construction or maintenance of a smoke stack, flag pole, elevated tank, radio station tower, antenna, building, structure, object or natural growth or other obstruction to the operation of aircraft within an approach area that extends above an inclined plan. Requires Department approval of a new structure or changes to an existing structure that would require notice to the FAA and determination of obstruction to air navigation under federal regulations. 17 § 11.215 Weapons and hunting Specifies restrictions and conditions for hunting, pursuing, or intentionally disturbing specified wildlife. RHODE ISLAND Citation Subject Summary State of Rhode Island General Laws Chapter 1- 4 Uniform Aeronautical Regulatory Act Authorizes the Rhode Island Airport Corporation to adopt rules establishing minimum standards for air navigation facilities and to adopt rules to safeguard from accident and protect the human safety. Specifies state rules do not apply to airports and other facilities owned by the federal government. Requires the Corporation rules to conform to applicable federal law, rules, and orders. Chapter 1- 2 Airports and landing fields Specifies the Corporation has jurisdiction over state airports and airport facilities. Declares the safe and efficient operation of the airports and airport facilities is of paramount importance to state. Chapter 1- 3 Airport airspace plan Requires the airport corporation to adopt an airport airspace plan for each publicly owned airport in the state. Specifies the plan must include circumstances in which structures and trees are or would be airport hazards, identify the area for which measures are required to protect the airport's navigable airspace, and describes the height restrictions and other objectives of those protection measures. Requires the airport corporation when adopting or revising the plan to consider the character of expected flying operations, traffic pattern and regulations affecting flying operations, nature of the terrain, height of existing structures and trees above the level of the airport, and the potential to lower or remove existing obstructions. Requires local governments to consider airspace plans in zoning. § 1-3-2 Definitions Defines “airport hazard" as “any electronic transmission device which, as determined by the federal aviation administration, interferes with radio communication between airport and aircraft approaching or leaving the airport, or any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at any airport or is otherwise hazardous to the landing or taking off of aircraft.” Defines “airport hazard area" in relevant part as “any area of land or water upon which an airport hazard might be established if not prevented.” § 1-3-3 Airport hazard–public Declares the creation or establishment of an airport hazard is a public nuisance and that prevention of airport hazards is in the public interest.

138 nuisance Declares that an airport hazards destroy an airport’s utility and the public investment in the airport with hazards that endanger the lives and property of airport users and residents in the airport vicinity and with hazardous obstructions that reduce the size of available areas for aircraft landing, take off, and maneuvering. Specifies the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes. Specifies the state may use public funds for acquisition and land or property interests. § 1-3-5 § 1-3-6 § 1-3-8 § 1-3-11 § 1-3-13 Zoning regulations Requires a local government with an airport wholly or partly within its jurisdiction to adopt airport zoning regulations to prevent the creation and establishment of airport hazards to apply to the airport hazard area within its territorial limits. Specifies the airport zoning regulations will divide the airport hazard area into zones, specify the permitted land uses within the zones, and regulate and restrict the height to which structures and trees may be erected or allowed to grow. Provides for adoption of specific zoning ordinances if the existing comprehensive ordinance does not include these provisions. Requires the local government to adopt in full or by reference the applicable FAA regulations concerning objects affecting navigable airspace. The local government must consider the FAA regulations and standards concerning land use and zoning. Specifies the procedure for adoption and appeals of airport zoning regulations. § 1-3-6 Joint zoning boards Provides for establishment of a joint zoning board to adopt airport zoning regulations for an airport owned or controlled by a local government or for an airport located in on more jurisdictions. Specifies the composition of the joint zoning board and provides this board will have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area(s) as a single local government. § 1-3-9 § 1-3-14 Permits and nonconforming uses Prohibits airport zoning regulations from requiring removal, lowering or change of any structure or tree not conforming to the regulations when adopted. Requires the regulations to provide for issuance of permits to establish or construct new structures and other uses and replace existing structures and other uses or to make substantial changes or substantial repairs. Specifies process for application, review, and issuance of permits. Requires a permit to be issued for any nonconforming structure or tree to be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted. Prohibits issuance of a permit for a nonconforming use if it would cause a greater obstruction and/or hazard to air navigation. Prohibits issuance of a permit for a nonconforming use has been abandoned or more than 80% destroyed. § 1-3-15 § 1-3-16 Variances Requires grant of a variance to erect any structures, increase the height of a structure, permit tree growth of any tree, or allow another use that would not conform to the airport zoning regulations. Specifies the variance will be granted when practical difficulty or unnecessary hardship would result and the relief granted would not be contrary to the public interest. Provides for conditioning of the variance to require the owner of the structure or tree to allow the local government (at government expense) to install, operate, and maintain obstruction markers and lights on the structure or trees. § 1-3-10 Property Acquisition Authorizes purchase or condemnation of property, property interests, and air rights to remove, lower, or otherwise terminate a nonconforming use or provide adequate protect for airport approaches. § 1-3-12 § 1-3-13 Relationship with other Specifies airport zoning regulations may be incorporated in general zoning regulations, and be administered and enforced in connection with those

139 regulations general regulations. Provides that the more stringent limitation or requirement will govern in the event of conflict between any airport zoning regulations and any other applicable regulations. Chapter 20-1 § 20-1-24 Wildlife Damage Authorizes the Department of Environmental Management to provide financial assistance to establish preventive practices to protect crops from wildlife damage by wildlife, including deer indigenous Canadian geese, mute swans, cormorants, wild turkeys, crows, coyotes, and furbearers.. Chapter 20-14 Fish and Wildlife – Permits Provides for the Department to issue a depredation permit/order or control permit/order for the taking of birds found committing depredations on agricultural crops, livestock, or wildlife or when concentrated in such numbers and manner as to constitute a health or public safety hazard or other nuisance. Prohibits any person from pursuing, hunting with intent to kill, taking, destroying, or possessing any wild bird or birds at any season of the year (except for English or European house sparrows and European starlings) unless harvested or taken in accordance with Department regulations. Specifies prohibition does not apply to species for which a federal or state depredation permit/order or a federal control permit/order has been issued. Prohibits destruction of nest or eggs (except for English or European house sparrows and European starlings) except as authorized by the Department and consistent with a federal depredation permit. § 20-14-7 Prohibited take methods Identifies prohibited methods of taking upland or migratory birds, including take in areas that have been baited; by the use or aid of live birds as decoys; with the use of an electronically amplified recording of bird calls or sounds (not applicable to crows); with any trap, snare, net, spring, crossbow, rifle, pistol, fishhook, poison, drug, explosive, or stupefying substance; or through the construction, setting, maintaining, or repairing of any of these devices for the purpose of taking, killing, or destroying wild birds. Prohibits shooting migratory game birds by means other than a shotgun of size ten (10) gauge or smaller, capable of holding three (3) or fewer shells, or a long bow (straight limb, reflex, recurve, and compound bow) and arrow. Section Subject Summary § 20-15-1 § 20-15-2 § 20-15-3 Deer Permits Prohibits hunting, pursuing, or shooting deer unless authorized by deer permit (tag) and consistent with Department regulations. Allows a landowner or occupant to kill any deer found destroying any crops, vegetables, or fruit trees, or otherwise causing damage to that property consistent with a Department permit. Specifies permit will be issued if no practicable alternative is available. Chapter 20-37 Endangered Species Specifies no person shall buy, sell, offer for sale, store, transport, import, export, or traffic in any part of any endangered animal or plant. Authorizes permits for scientific research or educational display. Provides for enforcement and imposition of penalties for violations. Aeronautics Regulations Rhode Island Airport Corporation Establishes procedures for Corporation issuance of approval of airports and landing fields Includes provisions requiring airport operations to comply with FAA regulations. Defines “hazards to navigation” as “penetration of, or obstruction(s) into, an Airspace Restricted Area without authorization from the controlling agency. Department of Environmental Management Establishes requirements and standards for permitting “nuisance wildlife control specialists” to conduct the capture, handling, disposition, exclusion and other activities related to state-protected wildlife. Identifies authorized methods of take of nuisance animals, with specific provisions for mammals,

140 birds, and snapping turtles. Establishes requirements for issuance of Department permits to authorize importation and possession of native wildlife. SOUTH CAROLINA Section Subject Summary South Carolina Code of Laws 55-9 Airport zoning Authorizes local governments with an interest in airports or landing fields to promulgate, amend and enforce police regulations for such airports or landing fields. Requires all land surrounding public airports, which are funded partially or wholly by the state, to be zoned by appropriate county, municipal or regional authorities to conform with application Federal Aviation Administration regulations. 55-3-110 Hunting from aircraft Prohibits an aeronaut or passenger from intentionally killing or attempt to kill any birds or animals while in flight. 55-9-080 55-9-090 Air rights Authorizes the state and local governments to acquire air rights when necessary to ensure safe approaches to the landing areas of the airports and landing fields. Specifies air rights may be acquired by grant, purchase, lease, or condemnation. Specifies the rights may be acquired for a term of years, or perpetually, to place and maintain suitable markers and lights for the safe operation of aircraft. 55-13-10 Regulations (military bases) Authorizes a county in which there is a United States Air Force base or airfield to adopt regulations prohibiting, within a reasonable distance from the base or airfield: (a) erection of any building, tower or other structure or allowing of natural growth or other hazard to aircraft, above certain maximum heights and (b) use of land in a manner which will create electrical interference with radio communication between aircraft and the base, confuse or impair visibility in the vicinity of the base or otherwise endanger the landing, taking-off, or maneuvering of aircraft using the base. 50-9 through 50-15 Wildlife regulations Prohibits hunting, fishing, or taking fish or wildlife without a license or permit or other authorization. Establishes enforcement and penalties. Specifies requirements and conditions for hunting and fishing licenses, permits, stamps, and tags. Establishes requirements for management of nongame and endangered wildlife. Provides for removal, capture, or destruction of wildlife and permits concerning specified wildlife actions (e.g., alligator removal). Includes prohibitions on specified activities related to migratory birds and requirements concerning management of migratory birds. Incorporates the federal Migratory Bird Treaty Act and regulations into state law. SOUTH DAKOTA Section Subject Summary South Dakota Codified Laws 50-9 Air navigation hazards Requires South Dakota Aeronautics Commission approval of construction or alteration of a structure within two miles of a public airport that has a specified height above the airport elevation unless the structure is within an incorporated area and adjacent to other permanent structures of equal or greater height. Specifies the tall structures requirements do not apply to airports for which local airport zoning regulations have been adopted. Establishes penalties for construction of specified structures without a permit.

141 Prohibits construction of a building, structure, or tower more than 200 feet in height above the terrain without obtaining a permit from the Commission. Provides for the Commission to adopt regulations specifying minimum standards and criteria to ensure safe aircraft operation and public safety, including lighting, painting, and marking structures, towers, and airport hazards. Provides for establishment of temporary structures not within five miles of an airport on notice to the Commission and under specified conditions. Specifies Commission jurisdiction governs in the event of conflict with local governments. 50-10 Airport zoning Provides for Commission adoption of airport approach plans and for local governments to incorporate into airport zoning regulations those measures for protection of airport approaches identified in the Commission plans. Specifies local airport zoning regulations must provide for dividing the affected area into zones, identifying permitted land uses, and imposing restrictions on height of uses within these zones. Requires the local airport zoning regulations to be consistent with the Commission plan. Declares airport hazards to be a danger to life and property and specifies their removal to be a public purpose for which public funds may be used. Specifies the airport zoning regulations may be incorporated into the general zoning regulations. Provides procedures and requirements for issuance of permits for new structures and uses and changes to existing structures or uses and for replacement or substantial alteration of nonconforming structures or uses. Authorizes grant of variance from airport zoning regulations under specified conditions. Declares the creation or establishment of an airport hazard to be a public nuisance and specifies it is in the public interest to prevent airport hazards. 50-10-1 Airport hazard Defines “airport hazard” as “any structure, or tree, or use of land, which obstructs the aerial approaches of such an airport or is otherwise hazardous to its use for landing or taking off.” 41-06 Wildlife permits and licenses Establishes requirements and conditions for issuance of depredation permits by the Game, Fish and Parks Commission authorizing lethal take of game animals. Requires a Commission permit to hunt, take, or kill raccoons, badgers, and any species identified as a predator/varmint. South Dakota Administrative Rules 70:02 Structures affecting navigation Specifies procedures for application and approval of tall structures. Provides for Commission approval upon written determination by the FAA that the structure does not pose a hazard to air navigation. TENNESSEE Citation Subject Summary Tennessee Code Annotated Chapter 42-6 Airport zoning Declares an airport hazard to be a public nuisance and specifies that the prevention of the creation or establishment of airport hazards is necessary in the interest of public health, public safety, and general welfare. Requires local governments within which an airport hazard is located to adopt airport zoning regulations. Provides for establishment of a joint airport zoning board when the airport and airport hazard area are wholly or partially located in more than one jurisdiction. Provides for incorporation of airport zoning regulations in to a comprehensive zoning ordinance. Specifies the more stringent limitation controls in the event of a conflict between

142 airport zoning regulations and other regulations. Includes provisions for adoption and appeals of airport zoning regulations Chapter 70-2 Chapter 70-8 Wildlife Prohibits actions to hunt, chase, trap, kill, or take wildlife without a license or authorization. Includes provisions for regulation and restrictions on take of nongame species. Provides for listing and management of endangered or threatened species Rules of Tennessee Chapter 1680- 01 Licensing and regulation of airports Establishes Department of Transportation regulation of licensing and registration of airports and aircraft. Specifies Department purpose to promote aviation safety by eliminating hazards, prescribing standards for airport sites, and providing minimum airport standard 1680-1-2.-02 Airport hazard Defines “airport hazard” as 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.” Chapter 1660- 01 Wildlife Establishes regulations for management of birds, game wildlife, and nongame species and for issuance of permits for actions concerning wildlife. Includes requirements for permits for wildlife capture, transport, and release and for response to nuisance animal damage control. TEXAS Section Subject Summary Texas Transportation Code Chapter 21 Aeronautics regulation Authorizes the Department of Transportation to encourage and assist the development of aeronautics. Specifies safe aircraft operations are those conducted in compliance with federal laws and regulations. 21.070 Wireless communication Requires an owner constructing a wireless facility at least 100 feet but not more than 200 feet in height above ground level to mark the highest guy wires on the facility, if any, with two warning spheres each. 21.113 Airport hazard zoning Specifies the Department may not pay the final 10 percent of its share of project costs under a grant until the sponsor has enacted an airport hazard zoning ordinance or order. Chapter 22 County and municipal airports Specifies intent to create a uniform system for state airport regulation. Authorizes local governments to adopt ordinances, resolutions, rules, and orders necessary to manage, govern, and use an airport or air navigation facility under its control or an airport hazard area relating to the airport. Provides for zoning regulations pursuant to local zoning laws (Chapter 231). 22.001 Airport hazard Defines “airport hazard" as a structure, object of natural growth, or use of land that: (1) “obstructs the airspace required for the flight of aircraft in landing at or taking off from an airport”; or (2) “is hazardous to the landing or takeoff of aircraft at an airport.” Defines “airport hazard area" as an area on which an airport hazard could exist.” Section Subject Summary 22.011 Property acquisition Authorizes a local government to acquire an interest in property, including an easement in an airport hazard or land outside the boundaries of an airport or

143 airport site by condemnation or other means to “permit the safe and efficient operation of the airport or to prevent, eliminate, or mark an airport hazard.” 22.077 Activities near airports Requires specified facilities (e.g., sewer and wastewater treatment plant, aboveground aviation fuel storage facility, sanitary landfill site) proposed to be located within specified distances from an airport property to be approved by the municipality in which the facility or site is to be located: Texas Parks and Wildlife Code Chapters 41-43 Wildlife licenses and permits Includes provisions for protection of wildlife and establishment of permitting to possess, transport, or take protected wildlife. Prohibits take permits for federally protected wildlife and includes provisions for disposition of wildlife. Specifies prohibited actions related to wildlife, including using aircraft to harass or manage wildlife. Specifies hunting requirements related to wildlife, including migratory and game birds. Chapters 63-67 Bird and wildlife regulation Includes provisions for management and permitting of actions regarding game and nongame animals, endangered species, and birds. Local Government Code Chapter 241 Airport zoning Authorizes local governments to adopt airport hazard area zoning regulations to divide an airport hazard area into zones. Provides that the regulations must: (1) specify the land uses permitted; (2) regulate the type of structures; and (3) restrict the height of structures and objects of natural growth to prevent the creation of an obstruction to flight operations or air navigation. Provides for extraterritorial regulation by a local government and establishment of a joint airport zoning board with other local governments under specified conditions. Provides for incorporation of airport zoning regulations in to a comprehensive zoning ordinance. Requires adoption of an airport zoning commission before initial adoption of regulations. Establishes requirements for permitting new and expanded uses and for authorization of replacement or substantial changes to nonconforming uses. 241.003 Airport hazard Defines “airport hazard" as “a structure or object of natural growth that obstructs the air space required for the taking off, landing, and flight of aircraft or that interferes with visual, radar, radio, or other systems for tracking, acquiring data relating to, monitoring, or controlling aircraft.” Defines “airport hazard area" as “an area of land or water on which an airport hazard could exist.” Texas Administrative Code 30.215 Airport zoning Requires an airport grant sponsor to adopt and enforce airport hazard zoning regulations to restrict the use of land, adjacent to or in the immediate vicinity of the airport, to activities compatible with normal airport operations. Requires the sponsor to acquire and retain easements or other interests in or rights to the use of land or airspace unless acquisition and retention of the interest will be impractical or will result in undue hardship to the sponsor. Provides for the state to provide assistance with respect to airport hazard zoning, including preparation of a zoning map, a model zoning ordinance/order, and procedures for adoption of the ordinance/order. Specifies the sponsor cannot obtain the final 10% of funding until the sponsor has adopted an airport hazard ordinance/order that is approved by the Division. Chapter 65 Wildlife regulation Establishes regulations for regulation and protection of wildlife and for permitting of actions concerning wildlife. Provides for permits related to trap, transport, and transplant game birds and game animals. Specifies prohibited mechanisms for capture and possession of wildlife. Includes provisions for designation and permitting of threatened and endangered species. Specifies

144 requirements and procedures for issuance of depredation permits for protected wildlife that present a threat to public safety. UTAH Section Subject Summary Utah Code Transporta- tion Code Chapter 10 – Sections 403 through 413 Airport zoning Authorizes local governments within which an airport hazard is located to adopt airport zoning regulations. Provides for establishment of a joint airport zoning board when the airport and airport hazard area are wholly or partially located in more than one jurisdiction. Requires appointment of airport zoning commission for initial adoption of airport zoning regulations. Provides for incorporation of airport zoning regulations in to a comprehensive zoning ordinance. Specifies the more stringent limitation controls in the event of a conflict between airport zoning regulations and other regulations. Includes provisions for adoption and appeals of airport zoning regulations. 72-10-407 Permits and variances Establishes requirements for new structures or uses or substantial changes to existing uses in airport hazard areas. Includes provisions for permits to authorize replacement or substantial alteration of a nonconforming structure or natural growth when the permit will not result in a greater hazard to air navigation. Provides for local governments to grant variances to allow structures or uses that would not conform to the airport zoning regulations. Provides that variances may be conditioned to require the property owner to allow (at government expense) the installation, operation, and maintenance of markers and lights to indicate the presence of an airport hazard. 72-10-413 Property acquisition Authorizes a local government to acquire property and property interests (including air rights) through purchase, grant, or condemnation when: (1) the acquisition is desired to remove, lower, or otherwise terminate a nonconforming structure or use; (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations; or (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations. Wildlife Resources Code Chapters 16- 20 and 24 Wildlife Includes requirements and procedures for issuance of licenses, permits, and tags for taking, hunting, trapping, fishing, or seining protected wildlife. Establishes procedures for seeking compensation for wildlife damage to property by bear, mountain lion, wolf, or eagle. Includes provisions for wildlife damage to crops. Utah Administrative Code Chapter R914-1 Airport safety Establishes regulations concerning the use, licensing and supervision of airports, establishment, location and use of air navigational aids: and establishment of minimum standards for operational safety. Requires marking, lighting, or removal of an obstacle or structure that obstructs the airspace above the ground or water level which is determined to be a hazard to the safe flight of aircraft. Title R657 Wildlife Establishes regulations for management of wildlife, including game and nongame birds and wildlife and for take, transportation, or collection of wildlife. Includes provisions for designation and protection of wildlife species of concern.

145 VERMONT Section Subject Summary Vermont Statutes Chapter 17 Airport zoning Provides for local governments within which an airport hazard is located to adopt airport zoning regulations. Requires appointment of an airport zoning commission to make recommendations concerning initial airport zoning regulations. Provides for establishment of a joint airport zoning board when the airport and airport hazard area are wholly or partially located in more than one jurisdiction. Provides for incorporation of airport zoning regulations in to a comprehensive zoning ordinance. Specifies the more stringent limitation controls in the event of a conflict between airport zoning regulations and other regulations. Includes provisions for adoption and appeals of airport zoning regulations. Chapter 17 Airport zoning– permits and variances Prohibits local governments from requiring the removal, lowering, or other change or alteration or prohibit the repair or replacement of any airport hazard not conforming to the airport zoning regulations when adopted or amended. Establishes requirements for new structures or uses or substantial changes to existing uses in airport hazard areas. Includes provisions for permits to authorize replacement or substantial alteration of a nonconforming structure or natural growth when the permit will not result in a greater hazard to air navigation. Provides for local governments to grant variances to allow structures or uses that would not conform to the airport zoning regulations. Provides that variances may be conditioned to require the property owner to allow (at government expense) the installation, operation, and maintenance of markers and lights to indicate the presence of an airport hazard. Chapter 103 Wildlife regulations Authorizes the Department of Fish and Wildlife to regulate fish and wild game and adopt rules for taking of fish and wildlife. Specifies the wildlife rules must be designed to maintain the best health, population and utilization levels of the regulated species and of other necessary or desirable species which are ecologically related to the regulated species. Provides for Department adoption of rules relating to management of migrating game birds. Allows the Department to take, permit, or cause to be taken wild animals which are doing damage. Specifies removal or taking and the possession and disposition of fish or wild animals must be consistent with Department regulations. Code of Vermont Rules 14-010 Airport regulation Specifies the state Transportation Board requirements and procedures for approval of airports and restricted landing areas. Establishes standards, policies, and requirements for commercial aviation operators and airports. 14-010- 001 Airport hazard Defines “airport hazard” as a “structure, object of natural growth, or use of land, which obstructs the air space required for the flight of aircraft in landing or taking off at an airport or restricted landing area or is otherwise hazardous to such landing or taking off.” 12-010- 012 Endangered or threatened species Establishes requirements for state listing and protection of endangered and threatened species. Provides for permits to authorize take of endangered and threatened species to prevent or mitigate economic hardship, for special purpose consistent with the purpose of the Federal Endangered Species Act, and for other purposes.

146 12-010- 022 Migratory birds Specifies methods for take, possession, and transport of migratory birds. 12-010- 060 Deer management Includes provisions for management of white-tailed deer population, including seasons, method of take, and provisions concerning baiting. VIRGINIA Section Subject Summary Code of Virginia 5.1-25.1 Tall structures Prohibits any person for any person to erect any structure that penetrates into a public or military airport’s clear zone, approach zone, imaginary surface, obstruction clearance surface, obstruction clearance zone, or surface or zone as described in Federal Aviation Administration regulations without a state permit. Specifies this requirement does not apply to a structure in a jurisdiction that has an ordinance regulating the height of such structures to prevent the penetration of zones and surfaces provided for in Federal Aviation Regulation Part 77 and Rule 19 of the Department of Aviation. Defines “structure” as “any object, including a mobile object, constructed or erected by man, including but not limited to buildings, towers, cranes, smokestacks, earth formations, overhead transmission lines, flag poles, and ship masts.” 29.1 Wildlife regulations Prohibits actions to hunt, trap or fish in or on lands or inland waters without a license. Includes requirements for licensing of actions concerning certain wildlife (e.g., bear, deer, turkey). Establishes permit requirements for capturing, holding, propagating, and disposing of wildlife and includes requirements and conditions for certain types of wildlife. Includes requirements and conditions for migratory birds and special provisions for take or holding of certain birds (e.g., falcons, hawks) and hunt of wild game. 29.1-529 Airport wildlife hazard Authorizes the Department Director to authorize killing wildlife that is determined to create a hazard to aircraft. Requires the person responsible for safe aircraft operations to report the hazard to aircraft operations to the Department. Provides for the Department to investigate and make a determination regarding the hazard. Specifies authorization does not apply to federally protected species. Virginia Administrative Code 24 VAC 5 Airports Establishes regulatory program for licensing and operation of airports and includes provisions for determination of airport hazards and criteria for evaluating obstructions to airspace. Requires airport operators to notify the Federal Aviation Administration and the Department of Aviation of known hazards to aircraft. Includes model airport safety ordinance. WASHINGTON Section Subject Summary Revised Code of Washington Chapter 14.12 Airport zoning Declares an airport hazard to be a public nuisance and specifies that the prevention of the creation or establishment of airport hazards is necessary in the interest of public health, public safety, and general welfare. Authorizes local governments within which an airport hazard is located to adopt airport zoning regulations. Provides for establishment of a joint airport zoning board when the airport and airport hazard area are wholly or partially located in more than one jurisdiction. Provides for incorporation of airport zoning regulations in to a comprehensive zoning ordinance. Specifies the more

147 stringent limitation controls in the event of a conflict between airport zoning regulations and other regulations. Includes provisions for adoption and appeals of airport zoning regulations. 14.12.010 Airport hazard Defines “airport hazard” as “any structure or tree 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 of aircraft.” Defines “airport hazard area” in relevant part as “any area or land or water upon which an airport hazard might be established if not prevented.” 14.12.110 Permits and variances Establishes requirements for new structures or uses or substantial changes to existing uses in airport hazard areas. Includes provisions for permits to authorize replacement or substantial alteration of a nonconforming structure or natural growth when the permit will not result in a greater hazard to air navigation. Provides for local governments to grant variances to allow structures or uses that would not conform to the airport zoning regulations. Provides that variances may be conditioned to require the property owner to allow (at government expense) the installation, operation, and maintenance of markers and lights to indicate the presence of an airport hazard. 14.12.220 Acquisition of air rights Authorizes a local government to acquire real property or property interests (including air rights) by condemnation, purchase, or grant in order to remove, lower, or terminate a nonconforming structure or use or protect the airport approach. 36.70.547 Incompatible uses Requires local governments to discourage the siting of incompatible uses adjacent to general aviation airports through comprehensive plans and development regulations. Chapter 77.36 Wildlife damage Authorizes property owners to trap or kill wildlife that is threatening human safety or causing property damage on that property consistent with Department of Fish and Wildlife. Requires the Department rules to identify the species that may be taken or killed and include provisions for appropriate protection for threatened or endangered species, circumstances when verbal or written permission is required to kill wildlife, and requirements for the disposal of wildlife trapped or killed pursuant to this authority. Includes provisions for compensation related to property damage. Chapter 77.12 Species regulation Authorizes the Department of Fish and Wildlife to regulate and classify wildlife, including state listing of endangered species and protections for certain species. Chapter 77.15 Capture methods Prohibits use of specified capture methods (e.g., steel-jawed leghold trap, neck snare, or other body-gripping trap) with certain conditions. Washington Administrative Code Title 12 Aeronautics Commission Repealed. Chapter 232-28 Wildlife seasons and hunts Includes provisions for damage prevention permit hunts. Establishes provisions for trapping seasons. Chapter 232-36 Wildlife interactions Includes provisions for killing of wildlife in circumstances involving personal safety (physical attack, imminent threat) and property damage. Authorizes classification of wildlife as game, endangered species, or protected species and adoption of regulations for these classifications.

148 WEST VIRGINIA Section Subject Summary West Virginia Code 8A-7-2 Zoning Requires a general zoning ordinance to include designating of an airport area and establishment of land-use regulations within a specific distance from the boundaries of the airport. 29-2A-8 Airport property Authorizes the Aeronautics Commission to acquire property by purchase, gift, devise, lease, condemnation or otherwise, as is necessary to permit safe and efficient operation of the airports and air navigation facilities. Chapter 20 Wildlife Provides authority and direction to the Department of Natural Resources to protect, manage, and regulate wildlife. Specifies state ownership of wildlife and establishes as state policy that the state’s wildlife resources be protected for use and enjoyment of all citizens, including: (1) hunting, fishing and other diversified recreational uses; (2) economic contributions in the best interests of the people of this state; and (3) scientific and educational uses. Prohibits certain methods of hunting and fishing and includes requirements for hunting, catching, taking, killing, capturing, pursuing, transporting, possessing or using any migratory game or nongame birds. Includes specific provisions for protection of bald eagles and golden eagles. Provides for permits to kill deer causing damage to agricultural crops. Establishes requirements and exemptions for permits and licenses concerning actions related to wildlife. Code of State Rules Title 171 Airport licensing Includes procedures and requirements for licensing of airports. Title 58 Wildlife regulation Establishes Department of Natural Resources regulatory program to implement the statutory provisions. Includes requirements and conditions for issuance of permits and licensing of hunting and fishing and for take, killing, capture, pursuit, trapping, transport, and possession of wildlife. WISCONSIN Citation Subject Summary Wisconsin Statutes 29.104 Wildlife regulation Authorizes the Department of Natural Resources to establish and maintain open and closed seasons for fish and game, bag and size limits, and conditions governing the taking of fish and game that will conserve the populations. 29.08 Local regulation Provides limited authority for local governments to adopt regulations or restriction for hunting, fishing, trapping or management of wild animals, when the regulation has an incidental effect on hunting, fishing or trapping and its primary purpose is to further public health or safety. 29.039 Nongame species Allows the Department to develop conservation programs to ensure the perpetuation of nongame species and to regulate taking, possession, transportation, processing and sale or offer for sale, of nongame species. 29.088 29.331 Methods of take Prohibits certain methods (e.g., poisons, explosives, pole traps) for take, capture, or killing of wildlife. Includes provisions for methods of trapping. 29.354 Game birds and animals Includes provisions for permitting and licensing of possession of game birds and animals. Prohibits take, possession, or destruction of bird nests and eggs unless authorized. 29.604 Endangered and Establishes program for protection of state-listed endangered and threatened

149 threatened species species and for permitting of take of listed species. 29.885 Wildlife damage Authorizes the Department to remove or permit the removal of a wild animal that is causing damage or that is causing a nuisance. Includes authority to remove or cause the removal of a structure of a wild animal that is causing damage or that is causing a nuisance. Wisconsin Administrative Code Chapter NR-12 Wildlife damage Specifies procedures for authorization of removal of wild animals and their associated structures causing damage or constituting a nuisance and prescribes methods for take or removal of nuisance species. Specifies federal and state permit are not required to shoot or trap specified birds when found committing or about to commit depredations upon agricultural crops, livestock, ornamental or shade trees or when constituting a health hazard or other nuisance provided certain conditions are satisfied. Includes permit provisions for deer removal. Chapter NR-16 Captive wildlife Designates certain animals (e.g., cougars, bears) as harmful wild animals. Includes provisions for authorization of take and possession of reptiles and amphibians. Chapter NR-27 Endangered and threatened species Includes list of state endangered and threatened species and provisions for permit authorizations concerning take of listed species. WYOMING Citation Subject Summary Wyoming Statutes 10-5-301 Airport zoning Allows municipalities and counties to regulate and restrict by ordinance the number of stories and size of buildings and the height of other structures constructed within one-half (1/2) mile of the boundaries of public airports. Allows local governments to provide zoning for airspace beyond one-half (1/2) mile of the airport boundaries and within the county, to assure aircraft reasonable safety for visual and instrument approach and departure. Limits the right to zone to the geographical limits of the applicable approach zone established by FAA for the specified airport. Limits right to six nautical miles along the approach path from the end of the instrument runway. 10-5-302 Airport zoning regulations Provides for adoption and appeals of zoning regulations to be established by counties and municipalities consistent with procedures for other laws. Chapter 23 Bird and animal regulations Establishes general regulatory provisions for bird and animal regulation. Prohibits take of eagles and prohibits take of specified animals (e.g., deer, elk, grizzly bears) without a license. Prohibits intentional take or destruction of the nest or eggs of a nonpredacious bird. Authorizes take of specified animals (e.g., black bear, mountain lion, badger) causing damage to private property. Prohibits interference with the lawful taking of wildlife. Prohibits take of game animals by certain methods (e.g., any pit, pitfall, net, trap, deadfall, poison, or other similar device) unless authorized. Wyoming Rules Chapter 3 Aerial obstructions Establishes requirements for the reporting of aerial obstructions to the Department of Transportation. Chapter 10 Wildlife possession, confinement, disposition Establishes requirements for issuance of permits by the Game and Fish Commission before importation, possession, confinement, or transportation of any living wildlife. Exempts specified birds, mammals, and predatory animals (e.g., coyote, red fox, skunk) from permit requirements. Includes provisions for

150 and transportation permit application, permit term, and disposition of wildlife. Chapter 34 Depredation hunting Specifies requirements and hunting seasons for hunting seasons for big game animals causing damage to land, growing cultivated crops, stored crops, seed crops, improvements or causing extraordinary damage to grass; hunting seasons for trophy game animals causing damage to livestock, and bees and/or honey and hives; or, hunting seasons for big game animals for the purpose of disease management. Chapter 52 Nongame wildlife Establishes permit program and requirements for take of nongame wildlife. Chapter 56 Lethal take Establishes provisions for lethal take of wildlife under specified circumstances, including a threat to human life, health, or safety and when damage is being done to private property.