Airport Governance and Ownership (2009)

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42 APPENDIX B. COMPENDIUM OF STATE LAWS ON AIRPORT GOVERNANCE State Statutes Summary Alabama Code of Alabama–Title 4–Aviation Chapter 1–General Provisions–Ala. Code § 4-1-1 Chapter 2A–Alabama International Airport Authority–Ala. Code § 4-2A-1 to 4-2A-23. Chapter 3–Airport Authorities–Ala. Code § 4-3-1 to 4-3-80. Chapter 4–Municipal Airports and Regulations– Ala. Code § 4-4-1 to 4-4-16. Chapter 6–Airport Zoning–Ala. Code § 4-6-1 to 4- 6-15. Chapters 1 through 3 set out the gen- eral provisions governing aviation—they create a board of directors for each air- port authority and set out the powers of the airport authorities. They also govern how bonds can be acquired and repaid. Chapter 4 gives all municipalities the authority to acquire, establish, construct, expand, own, control, equip, improve, maintain, operate, and regulate airports and landing fields. It sets out the general rules that municipalities must follow in establishing or running an airport. Chap- ter 6 governs all airport zoning. Alaska Alaska Stat. § 2-15-010 to 2-15-270–Alaska Aeronautics Act of 1949. Alaska Stat. § 2-25-010 to 2-25-120–Airport Zoning Act. The purpose of the Alaska Aeronautics Act is to develop and operate a state sys- tem of airports through cooperation with municipalities and the federal govern- ment. It gives the department of trans- portation the authority to construct and operate airports and it governs the de- partment’s operation of airports. The Airport Zoning Act governs all airport zoning and gives the department of transportation the power to adopt zoning regulations. Arizona Ariz. Rev. Stat. Ann. § 28-8201 to 28-8924– Aviation. Chapter 25 governs all aviation—it creates an aeronautics division to coop- erate with all state, local, and federal authorities to encourage and advance the development of aviation. It also gives cities, towns, and counties the authority to construct, own, and operate airports and governs their operation and regula- tion of airports. Zoning provisions are also included. Arkansas Ark. Code Ann. § 14-356-101 to 14-364-102– Airport Facilities Generally; § 27-114-101 to 27-114-104–Aeronautics–General Provisions; § 27-115-101 to 27-115-110–Arkansas Department of Aeronautics. Subtitle 22 of Title 14 governs all pub- lic airports. It authorizes and regulates the establishment and operation of county and municipal and regional air- ports. It also governs airport zoning. Chapter 114 sets out the definitions and offenses of the statutes governing aero- nautics. Chapter 115 creates and sets out the responsibilities of the Arkansas De-

43 State Statutes Summary partment of Aeronautics to develop air- ports in the state. California Cal. Pub. Util. Code § 21001 to 21707–State Aeronautics Act; Pub. Util. Code § 22001 to 22909–Airport Districts. The purpose of the State Aeronautics Act is to further aeronautical progress in the state. It gives the department of transportation the authority to acquire airports. Cities and counties are also per- mitted to construct new airports or expand existing airports with approval from a local, regional, state, or federal agency. There are also rules governing airports owned by the state or by a city or county, including noise and zoning regu- lations. The Airport Districts statutes allow airport districts to be created by county resolution and govern the process of writing and voting on the resolutions. They also sets forth the rules governing the election and issuance of bonds and airport districts' taxation authority. Colorado Colo. Rev. Stat. § 41-3-101-108–Public Airport Authority Act; § 41-4-101-113–County Airports; § 41-4-201-205–Airports–Cities and Towns. The Public Airport Authority Act au- thorizes cities, towns, counties, and the State of Colorado to create airport au- thorities for the purpose of acquiring and improving airports, etc. It sets out how airport authorities can be created, the powers of airport authorities, and the rules governing the Board of Commis- sioners for airport authorities. Parts 1 and 2 govern how counties and cities and towns can establish airports and the rules that regulate airports that are owned by counties or cities and towns. Connecticut Conn. Gen. Stat. Ann. § 15-34 to 15-101a– Aeronautics; § 15-101k to 15-101t–Bradley International Airport Improvements and Financing; § 15-101aa to 15-101ll–Property Taxation at Bradley International Airport; § 15-101mm to 15-101xx–Bradley International Airport Board of Directors; § 15-120g to 15-120o–Tweed-New Haven Airport Authority Act. The Aeronautics sections direct mu- nicipalities to adopt airport zoning regu- lations to avoid airport hazards. The Bradley Financing sections set up all bonding authority and regulate how bonds can be used and repaid. The sub- sequent Bradley Airport provisions cre- ate the airport property tax structure and establish and set out the responsi- bilities of the Bradley airport authority. The Tweed-New Haven Airport Author- ity is established in the end of Title 15. The statute sets out the powers of the authority and governs how bonds are issued and repaid.

44 State Statutes Summary Delaware Del. Code Ann. § 701 to 708–State Airports; § 901 to 948–Airports of Political Subdivisions. Chapter 7 gives the department of transportation the authority to establish, acquire, and operate airports on behalf of the state. Chapter 9 gives all political subdivisions the authority to acquire property to establish and operate air- ports, and sets out the specific powers of political subdivisions in operating air- ports. It also creates the airport financ- ing, taxing, and bonding structure. Florida Fla. Stat. Ann. § 330.01 to 330.53–Regulation of Aircraft, Pilots and Airports; § 332.001 to 332.14–Airports and other Air Navigation Facilities; § 333.01 to 333.–Airport zoning. Chapter 332 gives the department of transportation the responsibility of plan- ning airport systems and promoting the development of airports. It gives all mu- nicipalities and counties the authority to acquire property to establish or enlarge airports. Municipalities and counties are also given the authority to operate air- ports. Chapter 333 governs airport zon- ing. Georgia Ga. Code Ann. § 6-3-1 to 6-3-28–Powers of Local Governments as to Air Facilities; § 6-4-1 to 6-4-16–Georgia Airport Development Authority. Chapter 3 gives the department of transportation the authority to construct and maintain airports. It also gives coun- ties, municipalities, and other political subdivisions the authority to acquire, establish, operate, and regulate airports. Chapter 4 creates the Georgia Airport Development Authority for the purposes of locating, constructing, financing, oper- ating, and developing any new airports within the state. It sets out the Author- ity's general powers and governs the is- suance of bonds. Hawaii Haw. Rev. Stat. Ann. § 261-1 to 261-27–Airports; § 262-1 to 262-11–Airport Zoning Act Chapter 261 directs the department of transportation to develop aeronautics and encourage the establishment of air- ports. It gives the department of trans- portation the authority to establish, op- erate, and maintain airports on behalf of the State, and governs the department’s regulation of airports. It also gives the department the power to adopt rules and regulations related to aircraft and air- ports. Chapter 262 governs airport zon- ing and gives the department of trans- portation the authority to create airport zoning regulations.

45 State Statutes Summary Idaho Idaho Code Ann. § 21-501 to 21-520–Airport Zoning Act; § 21-801 to 21-814–Regional Airports Chapter 5 governs airport zoning and gives the department of transportation the authority to create airport zoning regulations. Chapter 8 governs the estab- lishment of regional airports and allows for the creation of a regional airport au- thority. It also allows bonds to be issued for airport development. Illinois 620 Ill. Comp. Stat. Ann. § 5/1 to 5/83–Illinois Aeronautics Act; § 10/0.01 to 10/8–Military Emergency Aircraft Restriction Act; § 15/0.01 to 15/8–Aircraft Landing and Taking Off Restriction Act; § 20/0.01 to 20/7–Joint Airports Act; § 25/1 to 25/37–Airport Zoning Act; § 30/0.01 to 30/12–Zoning to Eliminate Airport Hazards Act; § 35/1 to 35/15–Permanent Noise Monitoring Act; § 40/0.01 to 40/15–General County Airport and Landing Field Act; § 45/1 to 45/20–County Airport Law of 1943; § 50/1 to 50/74–County Airports Act. The purpose of the Aeronautics Act is declared as furthering aeronautical pro- gress. The Act gives the department of transportation the authority to acquire land on behalf of the state to establish state airports. Act 25 governs airport zoning and gives every political subdivi- sion having an airport hazard within its limits the authority to adopt, administer, and enforce zoning regulations. Act 30 governs airport hazards and requires a permit from the department of transpor- tation before any structure contravening FAA regulation part 77(c) is constructed. Act 35 requires each airport in the state to establish a permanent noise monitor- ing system and to prepare annual noise monitoring reports. Acts 40 through 50 give every county the authority to pur- chase, establish, and operate airports. Counties are also given the authority to tax and issue bonds. Rules regarding the county's regulation of airports are also set out. Indiana Ind. Code Ann. § 8-22-1-1 to 8-22-5-4–Airports. Article 22 creates local boards of avia- tion commissioners whenever a fiscal body of a government entity adopts an ordinance or a resolution in favor of the acquisition, improvement, operation, or maintenance of an airport. It also estab- lishes local airport authorities and joint state airport authorities and gives them the authority to establish and regulate airports and to issue bonds to pay the costs of the airport. Iowa Iowa Code Ann. § 329.1 to 329.15–Airport Zoning; § 330.1 to 330.24–Airports. Chapter 329 governs airport zoning. Chapter 330 authorizes cities and coun- ties to acquire and operate airports— however, the plans and specifications for the airport must be submitted to the

46 State Statutes Summary state department of transportation for approval before an airport is acquired. Kansas Kan. Stat. Ann. § 3-113 to 3-171–Municipal Airports & Fields; § 3-301 to 3-324–County Airports; § 3-701 to 3-713–Zoning Regulations. Article 1 governs municipal airports— it gives municipalities the power to ac- quire and regulate a municipal airport and to issue bonds for the associated costs and sets forth the municipality's power in regulating such airports. Article 3 only applies to counties that border on or are contiguous to two cities that each have a population of more than 115,000. These counties are authorized to estab- lish airports and may issue and sell bonds for costs related to the acquisition, construction, and regulation of airports. Article 7 governs airport zoning and gives the political subdivision owning an airport the authority to establish airport zoning regulations. Kentucky Ky. Rev. Stat. Ann. § 183.010 to 183.990– Aviation. Chapter 183 gives the Transportation Cabinet the authority to create rules and regulations to carry out the provisions of the chapter. The Cabinet may also ac- quire land to establish airports and may create a state airways system. Cities and counties may also establish local air boards to acquire and operate airports. The boards may apply to the Cabinet for loans for airport projects. Airport zoning provisions are also included. Louisiana La. Rev. Stat. Ann. Chapter 2–§ 81 to 364– Airports and Landing Fields. Chapter 3, § 381 to 390–Airport Zoning; Chapter 4, § 601 to 615–Airport Authorities Act; Chapter 5, § 650 to 661–Louisiana Airport Authority; Chapter 7, § 801 to 814–Airport Construction and Development Priority Program. Chapter 2 gives the state, parishes, cit- ies and towns, separately or jointly, the authority to acquire, establish, and oper- ate airports. It also gives them the au- thority to issue bonds and incur debt for airport related activity—however, all bonds issued must first be authorized by vote of a majority of taxpayers. Chapter 3 governs airport zoning and gives par- ishes, cities, towns, and villages the au- thority to adopt, administer, and enforce airport zoning regulations. Chapter 4 gives political subdivisions the power to create airport authorities to govern air- ports within that subdivision. Chapter 5 establishes a state airport authority to acquire and operate airports and airport facilities. The authorities in both chap- ters can issue bonds. Chapter 7 creates a

47 State Statutes Summary system for allocating funds for airport projects. Maine Me. Rev. Stat. Ann. tit. 6, § 101 to 105–Airports; Tit. 6, § 241 to 246–Airport Zoning. Sections 101 to 105 set out minimum standards for airport facilities. Sections 241 to 246 govern airport zoning and allow political subdivisions to adopt, ad- minister, and enforce zoning regulations. Maryland Md. Code Ann., Transp. § 5-201 to 5-217– Maryland Aviation Commission; § 5-301 to 5-306–Licensing and Registration of Airports; § 5-401 to 5-427–Establishment and operation of State and Local Airports; § 5-501 to 5-511–Airport Zoning–By Administration; § 5-601 to 5-617–Airport Zoning–By Political Subdivision. Subtitle 2 establishes the Maryland Aviation Commission. It also creates the Maryland Aviation Administration within the department of transportation to promote and assist in the development of aeronautics and the establishment of airports. The Administration is given the authority to adopt rules and regulations to govern airports. Subtitle 3 gives the Administration the authority to adopt rules and regulations providing for the licensing of public airports. Subtitle 4 gives the Administration (with approval of the Secretary of Transportation) the authority to establish and operate air- ports on behalf of the state. It also gives any political subdivision of the state the authority to establish and operate local airports and to issue bonds to build or improve airport facilities. Subtitles 5 and 6 govern airport zoning and allow the Administration and political subdivisions to adopt zoning regulations. Massachu- setts Mass. Gen. Laws Ann. ch. 90, § 35 to 49A– Aircraft; Ch. 90, § 51 to 51N–Operation of Airports. Sections 35 to 49A govern airport zon- ing. They also create an aeronautics commission, which shall prepare and periodically revise a plan for the devel- opment of airports in the state. Sections 51 to 51N authorize municipalities to acquire, establish, and operate airports and gives the airport commission of any city or town the power to adopt rules and regulations on the use of municipal air- ports. Michigan Mich. Comp. Laws Ann. § 259.101 to 259.107– Acquisition and Operation of State Airports; § 259.108 to 259.125c–Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilities by Public Airport Authorities; § 259.126 to 259.136–Acquisition and Sections 259.101 through 259.136 gov- ern the operation of airports by the state, by airport authorities, and by counties, cities, and municipalities. Airport au- thorities can be created by any local gov- ernment that owns an airport. Any au-

48 State Statutes Summary Operation of Airports, Landing Fields and Other Aeronautical Facilities by Political Subdivisions of This State; § 259.431 to 259.465–Airport Zoning. thority created is to be governed by a 7- member board. Sections 259.126 through 259.136 govern the operation of airports by a political subdivision and give every political subdivision in the state the au- thority to acquire land for the establish- ment, construction, or enlargement of airports. The subdivision may acquire bonds but has to submit a request to vot- ers through a regular or special election. Sections 259.431 through 259.465 govern airport zoning and allow any political subdivision where an airport hazard is partially or wholly located to adopt, ad- minister, and enforce airport zoning regulations. Minnesota Minn. Stat. Ann. § 360.031 to 360.044– Establishing Airports; § 360.061 to 360.074–Airport Zoning; § 360.68 to 360.73–Jointly Owned Airports Sections 360.031 to 360.044 allow any municipality to acquire property to estab- lish, construct, operate, and regulate such airports. Bonds can be issued by a municipality for airport costs, and an election to approve the bonds is not re- quired in certain situations. Sections 360.061 to 360.074 govern airport zoning. Municipalities that have an airport may adopt, administer, and enforce airport zoning regulations. Sections 360.68 to 360.73 govern airports that are jointly owned by two municipalities. It imposes additional requirements of revenue cer- tificate funds so that the airport debt does not constitute an indebtedness of the issuing city or county. Mississippi Miss. Code Ann. § 61-3-1 to 61-3-85–Airport Authorities Law; § 61-5-1 to 61-5-49–Municipal Airport Law; § 61-7-1 to 61-7-29–Airport Zoning Law. Chapter 3 sets out how airport authori- ties can be established and the powers of an airport authority. Airport authorities can issue bonds and incur debt for any corporate purpose with the approval of three-fifths of all members of the govern- ing body. Chapter 5 gives every munici- pality the authority to purchase, estab- lish, and regulate airports, and to issue bonds for airport costs; Chapter 7 gov- erns airport zoning and allows any politi- cal subdivision with an airport hazard to promulgate zoning regulations. Missouri Mo. Ann. Stat. § 305.170 to 305.585–Aircraft and Airports. Part 1–Airports; Chapter 305, Part 1, governs airports generally. It gives cities (including towns, villages, or cities under special charter)

49 State Statutes Summary Part 2–County Airport Authorities; Part 3–Airport Zoning Law. and counties the authority to purchase, establish, operate, and regulate airports. Part 2 allows the governing body of any county to create and appoint a board to govern its airports and to issue bonds. Chapter 3 governs airport zoning. Montana Mont. Code Ann. § 67-10-102 to 67-10-904 - Municipal Airports; § 67-11-102 to 67-11-401–Airport Authorities. Chapter 10 governs municipal air- ports—it allows counties, cities, and towns to acquire, establish, operate, and regulate airports. It allows the munici- pality to create a board to govern the airport. It also gives the municipality the power to adopt ordinances, resolution, and rules for the management, govern- ment or use of the airport. Chapter 11 governs airport authorities. It allows any municipality to create a municipal air- port authority. Two or more municipali- ties may also create a regional airport authority. Nebraska Neb. Rev. Stat. Ann. § 3-201 to 3-244–Airports and Landing Fields; § 3-301 to 3-333–Airport Zoning; § 3-501 to 3-514–City Airport Authority; § 3-601 to 3-622–County Airport Authority; § 3-701 to 3-716–Joint Airport Authority. Article 2 governs the authority of mu- nicipalities with regard to the establish- ment and operation of airports. Munici- palities may adopt rules and regulations for the management and use of airports and may issue bonds to pay for airport expenses. Article 3 governs airport zon- ing and allows any political subdivision with an airport hazard area to adopt and enforce airport zoning regulations. Arti- cle 5 allows any city to create an airport authority to be managed and controlled by an appointed board. Article 6 allows counties to acquire property to establish airports. It also gives the governing body of any county the power to enforce rules and regulations that it made to govern the airport. It also allows any county to create an airport authority to be man- aged and controlled by an appointed board that shall have exclusive control over all airport facilities. Article 7 au- thorizes any political subdivision to agree to jointly own or operate an airport with any other municipality. Nevada Nev. Rev. Stat. Ann. § 494.010 to 494.160–State Airports; § 495.010 to 495.210–City and County Airports; Acquisition of Property; Chapter 494 authorizes the state to es- tablish and operate airports within the state. Chapter 495 authorizes any city, county, or municipality to acquire land to

50 State Statutes Summary § 496.010 to 496.290–Municipal Airports; § 497.010 to 497.270–Zoning. establish or expand airports, and to incur indebtedness for airport purposes. Chap- ter 496 authorizes municipalities to con- struct, operate, and regulate airports. Municipalities may also adopt ordinances for airport management, government, and operation. Chapter 497 governs air- port zoning. New Hampshire N.H. Rev. Stat. Ann. § 422:10 to 422:19–New Hampshire Aeronautics Act; § 423:1 to 423:11–Municipal Airports; § 424:1 to 424:10–Airport Zoning. Chapter 422 authorizes the state and municipalities to acquire, construct, maintain, and operate airports. The ap- proval of the department of transporta- tion is required before the acquisition of an airport. Chapter 423 authorizes mu- nicipalities to construct, own, and man- age airports. Chapter 424 governs airport zoning. New Jersey N.J. Stat. Ann. § 40:8-1 to 40:8-15–Airports; § 6:1-1 to 6:1-100–Regulation of Aerial Navigation. Chapter 8 of Title 40 gives the govern- ing body of any county or municipality, authority separately or jointly to acquire land for airport purposes, and allows them to maintain, operate, and regulate airports. Chapter 1 of Title 6 primarily governs the licensing of pilots and air- craft, but it also requires all airports to be licensed by the state aviation commis- sion. It also includes provisions govern- ing airport zoning. New Mexico N.M. Stat. Ann. § 64-1-11 to 64-1-19–Aviation Generally; § 64-2-1 to 64-2-2–Airports. § 3-39-1 to 3-39-27–Municipal Airports. Article 1 creates an aviation division of the department of transportation and an aviation fund for state aviation needs. Article 2 allows political subdivisions to create joint zoning boards to govern air- port zoning decisions. Article 39 of Chap- ter 3 enables municipalities to acquire and operate airports through their gov- erning bodies. It allows municipalities to issue bonds for airport purposes. It also allows municipalities to adopt zoning regulations New York N.Y. Gen. Mun. Law § 350 to 357–Airports and Landing Fields; N.Y. Unconsol. Law § 6631 to 6647–Air Terminals. Article 14 of Chapter 24 (sections 350 to 357) authorizes a city, county, village, or town, by resolution, to construct, maintain, and operate airports. Chapter 6 of Title 17 (sections 6631 to 6647) de- clares that the states of New York and New Jersey agree that each air terminal within the Port of New York district is to

51 State Statutes Summary serve the entire district and that both states shall encourage the integration of the air terminals. Bonds may be issued for airport expenses and the Port Author- ity's general revenue fund may be pledged as security for bonds or used to repay bonds. North Carolina N.C. Gen Stat. § 63-1 to 63-9–Municipal Airports; § 63-29 to 63-37.1–Model Airport Zoning Act; § 63-48 to 63-58–Public Airports and Related Facilities; § 63-65 to 63-73–State and Federal Aid; Authority of Department of Transportation; § 63-78 to 63- 89–North Carolina Special Airport Districts Act. Article 1 (sections 63-1 to 63-9) governs municipal airports. It authorizes cities, towns, and counties to establish and op- erate airports. Article 4 (sections 63-29 to 63-37) governs airport zoning and au- thorizes every political subdivision to adopt, administer, and enforce airport zoning regulations. Article 6 (section 63- 48 to 63-58) authorizes every municipal- ity to acquire property for the purpose of establishing, constructing, and enlarging airports. It also grants specific powers to municipalities operating airports and allows joint operation of airports by mul- tiple municipalities. Article 7 (sections 63-65 to 63-73) authorizes the depart- ment of transportation to give state aid to airports and defines the types of aid that can be given. Article 8 (sections 63- 78 to 63-89) authorizes any unit of local government to create an airport district and defines the general powers of the authority. North Dakota N.D. Cent. Code § 2-02-01 to 2-02-09–Airports and Landing Fields; § 2-04-01 to 2-04-14–Airport Zoning; § 2-06-01 to 2-06-23–Airport Authorities Act. Chapter 2-02 authorizes the North Da- kota Aeronautics Commission and all counties, cities, park districts, and town- ships to acquire, establish, and operate airports and sets out the standards to do so. Chapter 2-04 governs airport zoning and authorizes all political subdivisions with an airport to adopt, administer, and enforce airport zoning regulations. Chap- ter 2-06 states that the aeronautics commission shall have all the powers of an airport authority (except the power to issue bonds or to levy taxes). It also au- thorizes any municipality to create a municipal airport authority and sets out the general powers of the authority. It also allows the authority to borrow and issue bonds for any of its corporate pur- poses.

52 State Statutes Summary Ohio Ohio Rev. Code Ann. § 308.01 to 308.17–Airport Authorities; § 4561.01 to 4561.10–Aeronautics; § 4563.01 to 4563.99–Airports. Chapter 308 creates a regional airport authority for the purposes of acquiring, constructing, operating, and maintaining airports. It sets out the authority's basic powers, including the ability to issue bonds for airport purposes. Chapter 4561 creates the office of aviation within the department of transportation and authorizes the department of transporta- tion to develop rules and regulation for the administration of aviation. Chapter 4563 governs airport zoning. It sets out airport zoning provisions and creates airport zoning boards, an airport zoning commission, and an airport zoning board of appeals and allows the board to adopt, administer and enforce zoning regula- tions. Oklahoma Okla. Stat. Ann. tit. 3, § 61 to 62–Municipal Airports; § 65.1 to 65.22–Municipal Airports Act of 1947; § 81 to 93–Oklahoma Aeronautics Commission Act; § 100 to 116–Airport zoning. Sections 61 and 62 authorize munici- palities to acquire, own, and operate air- ports, to use their eminent domain power to acquire land for airports, and to issue bonds to pay for airport expenses. Sec- tions 65.1 through 65.22 expand upon the authorization of section 61 and 62. Mu- nicipalities are authorized to acquire, own, operate, and regulate airports. They may issue bonds and may enter into joint agreements with other municipalities to govern airports. Sections 81 to 93 create the Aeronautics Commission, which will be a separate agency from the depart- ment of transportation. It is directed to encourage, foster, and assist in the de- velopment of aeronautics and encourage the establishment of airports. The gen- eral powers and duties of the commission are also set out. Sections 100 to 116 gov- ern airport zoning. Oregon Or. Rev. Stat. Ann. § 835.005 to 835.210–Aviation Administration; § 836.005 to 836.642–Airports and Landing Fields; § 838.005 to 838.075–Airport Districts. Chapter 835 establishes and sets out the general mandates and powers for the state aviation board and the department of aviation. Chapter 836 allows state fi- nancial assistance for airport develop- ment. It also gives municipalities the authority to establish and operate air- ports. It allows the director of the de- partment of aviation to adopt rules and standards to regulate airports, and local

53 State Statutes Summary governments to regulate airports and airport zoning. Chapter 838 allows coun- ties and cities to establish airport au- thorities. Pennsylvania Pa. Cons. Stat. Ann. § 1500 to 1502–Public Airports and Facilities; § 5101 to 5103–Aviation–Preliminary Provisions; § 5301 to 5302–Aviation–Authority of Department of Aviation; § 5901 to 5920–Airport Operation and Zoning; § 6101 to 6169–Aviation Development. Chapter 5 (sections 1500 to 1502) au- thorizes towns to acquire land for the purpose of establishing municipal air- ports. Chapter 51 (sections 5101 to 5103) sets out the definitions for the Aviation Code. Chapter 53 (sections 5301 to 5302) grants the department of transportation the power to administer aviation and sets out its specific powers. Chapter 59 (sec- tions 5901 to 5920) governs airport zon- ing. Chapter 61 (sections 6101 to 6169) directs the department of transportation to promulgate rules and regulations to regulate aviation and airports. It also includes provisions governing taxes, aviation development loans, and bonds. Rhode Island R.I. Gen. Laws § 1-2-1 to 1-2-21–Airports and Landing Fields; § 1-3-1 to 1-3-33–Airport Zoning. Chapter 2 gives the Rhode Island Air- port Corporation the power to acquire land for the establishment of airports (with the approval of the governor), and gives it jurisdiction over state airports. It authorizes the department of transporta- tion to enter into contracts to develop, operate, and maintain any state airport. Chapter 3 governs airport zoning. South Carolina S.C. Code Ann. § 55-9-10–Uniform Airports Act; § 55-11-10 to 55-11-730–Particular Airports; § 55-13-10 to 55-13-40–Protection of Airports and Airport Property; § 55-17-10 to 55-17-30–Regional Airport Districts. Chapter 9 authorizes municipalities, counties, and other political subdivisions to acquire, establish, operate, and regu- late airports. Chapter 11 sets out specific provisions governing Clemson Univer- sity, Greenville and Spartanburg Coun- ties, Lexington and Richland Counties, the State Funding of Air Carrier Hub Terminal Facilities, and Florence, Marion, and Dillon Counties. Chapter 13 authorizes any county where there is an USAF base or airfield to make rules and regulations prohibiting certain buildings and land uses. It also prohibits trespass- ing, parking, driving, or drag racing on airport property without authority. Chapter 17 creates regional airport dis- tricts and allows the districts to issue general obligation bonds.

54 State Statutes Summary South Dakota S.D. Codified Laws § 50-2-1.1 to 50-2-30– Aeronautics Commission; § 50-4-1 to 50-4-17–Planning and Development of Aviation Facilities; § 50-5-1 to 50-5-10–Certified Airports, Schools, and Navigation Facilities; § 50-6-1 to 50-6-17–City Airport Boards; § 50-6A-1 to 50-6A-55–Regional Airport Authorities; § 50-7-1 to 50-7-19–Publicly Owned Airports; § 50-8-1 to 50-8-13–Airport Revenue Bonds; § 50-10-1 to 50-10-35–Airport Zoning. Chapter 50-2 directs that the aeronau- tics commission will be part of the de- partment of transportation and that the commission may adopt rules. Chapter 50- 4 sets out the duties and powers of the transportation commission with regard to aviation. Chapter 50-5 requires a public airport owner or operator to apply to the Aeronautics Commission for approval prior to use of the airport and sets out the process for approval, denial, and penalties for operating a public airport without commission approval. Chapter 50-6 gives municipalities the authority to create an airport board and authorizes the board to establish, regulate, and manage any municipal airport. Chapter 50-6A authorizes two or more political subdivisions to create a regional airport authority and directs them to appoint an airport authority board of commissioners. Authorities may plan, establish, acquire, operate, and regulate airports and may establish comprehensive airport zoning regulations. Authorities also have the power to issue bonds for airport expenses and to adopt, amend, and repeal rules and regulations for the management, government, and use of a regional air- port. Chapter 50-7 authorizes counties and municipalities to acquire, establish, operate, and regulate public airports. Chapter 50-8 authorizes any municipal- ity or county that owns or operates an approved public airport to issue bonds to pay for airport expenses. Chapter 50-10 governs airport zoning. Tennessee Tenn. Code Ann. § 42-2-101 to 42-2-227– Aeronautics–State Administration; § 42-3-101 to 42-3-205–Airport Authorities; § 42-4-101 to 42-4-117–Metropolitan Airport Authorities; § 42-5-101 to 42-5-204–County and Municipal Airport Authorities; 42-6-101 to 42-6-116–Airport Zoning. Chapter 2 gives the department of transportation the authority to adminis- ter aviation and to establish and operate state airports. Chapter 3 authorizes all municipalities to create a municipal air- port authority. Two or more municipali- ties may also jointly create a regional airport authority. It sets forth the au- thorities' general powers and duties and gives the authorities the power to borrow money and issue bonds. Chapter 4 au- thorizes any city with a population of more than 100,000 to create a metropoli- tan airport authority and sets out its general duties and authority.

55 State Statutes Summary Chapter 5 authorizes every municipal- ity, separately or jointly, to acquire, es- tablish, operate, and regulate airports. Chapter 6 governs airport zoning. Texas Tex. Transp. Code Ann. § 21.001 to 21.157– Administration of Aeronautics; § 22.001 to 22.901–County and Municipal Airports; § 241.001 to 241.903–Airport Zoning Act. Chapter 21 sets out the powers and du- ties of the aviation division of the de- partment of transportation to administer aeronautics. Chapter 22 authorizes any local government to plan, establish, op- erate, and regulate an airport, and to finance airport facilities either wholly or partially through the issuance of bonds and through taxation. Chapter 241 gov- erns airport zoning. Utah Utah Code Ann. § 72-10-201 to 72-10-214– Uniform Airports Act; § 72-10-301 to 72-10-309–Federal Airports Funds Act; § 72-10-401 to 72-10-415–Airport Zoning Act. Chapter 10, Part 2 authorizes the divi- sion of aviation to cooperate with coun- ties and municipalities and the federal government to develop and construct airports. It also authorizes the depart- ment of transportation and political sub- divisions to acquire, establish, maintain, and operate airports. Part 3 sets out the duties of the division of aviation with regard to airport funding. Part 4 governs airport zoning. Vermont Vt. Stat. Ann. tit. 5, § 601 to 809–Airports and Air Navigation Facilities; § 1001 to 1020–Airport Zoning. Chapter 15 (sections 601 to 809) gov- erns state and municipal airports. It al- lows municipalities to acquire, establish, and operate airports and authorizes the state to grant aid to municipalities for land acquisition and the development of airport facilities. It also authorizes the state to acquire, own, and operate air- ports through the secretary of transpor- tation. Chapter 17 (section 1001 to 1020) governs airport zoning. Virginia Va. Code Ann. § 5.1-1 to 5.1-12–Aircraft, Airmen and Airports Generally; § 5.1-30.1 to 5.1-30.10–Virginia Airports Revolving Fund; § 5.1-31 to 5.1-47–Municipal and County Airports and Other Air Navigation Facilities; § 5.1-88.7 to 5.1-88.10–Financial Responsibility of Owners of Airports and Landing Areas Required to be Licensed; § 15.2-2294–Airport safety zoning. Chapter 1 (section 5.1-1 to 5.1-12) sets out the general powers of the department of transportation when establishing and regulating airports. It creates the Vir- ginia Aviation Board as a political subdi- vision within the department of trans- portation and sets forth the powers and duties of the board. Chapter 2.1 (section 5.1-30.1 to 50.1-30.10) creates the Vir- ginia Airports Revolving Fund to manage

56 State Statutes Summary funds and costs related to airport ex- penses. Chapter 3 (sections 5.1-31 to 5.1- 47) gives cities, towns, and counties the authority to acquire, establish, operate, and regulate airports and governs how airports and airport costs should be regu- lated. Chapter 8.2 (sections 5.1-88.7 to 5.1-88.10) requires all airports to furnish proof of financial responsibility before they can be licensed by the department of transportation. Section 15.2-2294 re- quires every municipality containing a licensed airport to provide for the regula- tion of airport zoning. Washington Wash. Rev. Code § 14.07.010 to 14.07.040– Municipal Airports–1941 Act; § 14.08.010 to 14.08.370–Municipal Airports– 1945 Act; § 14.12.010 to 14.12.910–Airport Zoning Act. Chapter 14.07 authorizes any city, town, county, or port division to acquire, maintain, and operate airports. Chapter 14.08 sets forth the methods by which a municipality can acquire land and au- thorizes the issuance of bonds for airport expenses. It also describes the specific powers of municipalities operating air- ports and allows an airport operator to adopt and enforce regulations. The estab- lishment of county airport districts is also authorized. Chapter 14.12 governs airport zoning. West Virginia W. Va. Code Ann. § 8-28-1 to 8-28-9– Intergovernmental Relations–Airports and Avigation; § 8-29-1 to 8-29-20–Intergovernmental Relations– Regional Airports; § 8-29A-1 to 8-29A-11–County Airport Authorities; § 8-29B-1 to 8-29B-6–Airport Security. Article 28 authorizes any municipality or county, separately or jointly, to ac- quire, establish, and operate airports. Chapter 29 allows two or more munici- palities or counties to establish regional airport authorities, which are empowered to acquire, establish, and operate a re- gional airport. The general powers of authorities are also set out, and the au- thorities are permitted to incur indebt- edness and issue bonds. Chapter 29A authorizes counties to create and estab- lish airport authorities as public agen- cies, and sets out the general powers of the authorities. Chapter 29B governs airport security. Wisconsin Wis. Stat. Ann. § 114.001 to 114.375–Air Transportation; § 114.60 to 114.78–Wisconsin Aerospace Authority. Chapter 114, subchapter 1 (sections 114.001 to 114.375) governs aviation generally. It directs the department of transportation to create a state system of airports to meet the aeronautical needs of the state. Political subdivisions of the

57 State Statutes Summary state are authorized to acquire, establish, and operate airports and adopt regula- tion for the use of airports. Subchapter II (sections 114.60 to 114.78) creates the Wisconsin Aerospace Authority and sets forth the powers and duties of the Au- thority. Wyoming Wyo. Stat. Ann. § 10-1-101–Aeronautics, In General, Definitions; § 10-3-101 to 10-3-602–Wyoming Aeronautics Commission; § 10-5-101 to 10-5-302–Municipal and County Airports. Chapter 1, section 101 sets out the definitions used in the airport govern- ance statutes. Chapter 3 creates the Wyoming Aeronautics Commission and sets out the powers and duties of the Commission. Chapter 5 authorizes mu- nicipalities and counties to acquire, es- tablish, and operate airports and to adopt and enforce regulations governing air- ports. It also allows for the creation of an airport board and authorizes municipali- ties and counties to regulate airport zon- ing.