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A-1 A P P E N D I X A Status of State Airport Zoning and Compatibility Laws State legislation can play an important role in enabling, encouraging, or requiring local political subdivisions to adopt zoning regulations that protect airports from flight hazards and encroachment of incompatible land uses. These laws are enacted to protect public investments in airports, as well as to protect the health, safety, and welfare of the flying public and citizens residing near airports. Exhibits A1 through A4 provide a status of state airport zoning and compatibility regulations for all 50 states. The exhibits summarize laws that place an obligation on local governments to address airport compatibility matters through the adoption of airport zoning or other compatibility regulations. The laws summarized herein focus on airport zoning regulations pertaining to public-use airports as this ACRP Project 04-22 study focuses on GA airports. The majority (90 percent) of the states have enacted laws that either enable or mandate local political subdivisions to adopt, administer, and enforce airport zoning regulations that prevent the creation or establishment of airport hazards, such as airspace obstructions or electronic and visual hazards. These laws allow local governments to regulate and restrict the height of structures and objects of natural growth. In many instances, these regulations are based, in whole or in part, on the obstruction standards set forth in 14 Code of Federal Regulations (CFR) Part 77. Nearly a dozen states, such as California, Florida, and Montana have enacted airport compatibility laws that go beyond the traditional airport hazard zoning regulations. These laws address additional airport compatibility concerns such as noise impacts, wildlife hazards, and/or incompatible land uses. Some states require local adoption of airport land use compatibility zoning regulations or mandate that airport compatibility regulations be included in local comprehensive land use plans. These laws often provide for oversight by a state agency or regional entity. Nearly a half dozen states such as Delaware, Georgia, and Idaho have airport zoning laws that are implemented at the state level. For these states, the exhibits indicate that no airport zoning laws exist as no airport zoning obligations are placed on local governments. Political subdivisions are local governments created by the states to help fulfill their obligations. Political subdivisions include counties, cities, towns, villages, and special districts such as school districts, water districts, park districts and airport districts. Source: www.encyclopedia.com Lorem ipsum Federal Regulation Title 14 Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace, establishes standards and Federal Aviation Administration notification requirements for objects affecting navigable airspace. Source: www.faa.gov
A-2 Guidebook on Effective Land Use Compatibility Planning Strategies for General Aviation Airports This appendix includes the following exhibits: Exhibit A1 provides a status of state airport zoning and compatibility regulations for all 50 states. Exhibit A2 provides a map showing the status of airport zoning and compatibility laws. Exhibit A3 includes a synopsis of relevant requirements under state airport zoning and compatibility laws. Exhibit A4 provides a comprehensive list of state aviation statutes, regulations, and relevant guidance.
Status of State Airport Zoning and Compatibility Laws A-3 Exhibit A1: Status of State Airport Zoning and Compatibility Laws State State Airport Zoning Laws1 State Airport Compatibility Laws2 Other Related State Compatibility Laws3 State Airport Zoning/Compatibility Guidance4 Alabama Enabling Alaska Enabling Yes Arizona Enabling Yes Arkansas Enabling Yes California Enabling Mandated Yes Yes Colorado Mandated Connecticut Mandated Delaware State Level Florida Mandated Mandated Yes Georgia* None Yes Hawaii Enabling Idaho State Level Illinois* Enabling Yes Indiana Enabling Yes Iowa Enabling Yes Kansas Enabling Kentucky State Level Louisiana Enabling Yes Yes Maine Enabling Maryland Enabling Massachusetts Enabling Yes Michigan* Enabling Yes Yes Minnesota Mandated Yes Yes Mississippi Enabling Missouri* None Yes Montana Mandated Enabling Nebraska Mandated Nevada Enabling New Hampshire* Mandated Yes New Jersey Mandated Mandated Yes New Mexico Mandated New York Enabling North Carolina* Enabling North Dakota Enabling Ohio Enabling Enabling Yes Oklahoma Mandated Yes Oregon Mandated Mandated Yes Yes Pennsylvania* Mandated Yes Rhode Island Mandated Yes South Carolina Enabling Mandated Yes South Dakota Mandated Yes Tennessee* Mandated Texas* Enabling Mandated Yes Utah Enabling Yes Vermont Enabling Virginia Mandated Yes Yes Washington Enabling Mandated Yes West Virginia Enabling Wisconsin* Enabling Mandated Yes Yes Wyoming Enabling Yes Notes 3. Category includes laws addressing, for example, real estate disclosure and state review of tall structures. 4. Identifies states that provide model airport zoning regulations or airport compatibility guidance. 2. Determination based on need for addressing compatibility concerns beyond just flight hazards or requirement to include compatibility regulations in local comprehensive land use plans not just zoning. 1. Determination based on local government obligation to adopt airport zoning that address flight hazards. Several states implement regulations at state-level. * States that participate in the FAA's State Block Grant Program (SBGP) and assume responsibility for administering Airport Improvement Program (AIP) grants at airports not classified as "Primary" airports.
CA OR WA WY UT TX LA FL KY OH MO MI MD MN NJ NY Exhibit A2 Status of state Airport Zoning and Compatibility Laws PA RI GA IA AK WI NV ID AZ CO NM MT SD ND NE KS OK AR MS AL IL TN SC NC VA WV IN DE CT MA NHVT ME Local Agency Obligation Under State Law Airport Zoning- Permissive Compatibility Regulations- Mandated and Airport Zoning- Mandated Compatibility Regulations- Mandated and Airport Zoning- Permissive Airport Zoning- Mandated and Compatibility Regulations- Permissive Airport Zoning- Permissive and Compatibility Regulations- Permissive Airport Zoning- Mandated (Enforced at State-Level) Airport Zoning- Mandated None
Status of State Airport Zoning and Compatibility Laws A-5 Exhibit A3: Synopsis of State Airport Zoning and Compatibility Regulations Alabama Alaska Arizona Enabling Enabling Enabling Statute Title Title 4, Chapter 6, Airport Zoning Act Title 2, Chapter 02.25, Airport Zoning Act Title 28, Chapter 25, Article 7, Airport Zoning and Regulation T er ri to ri al A u th o ri ty A county may establish airport zoning for unincorporated areas, except where a municipality owning an airport has established airport zoning for unincorporated areas within 2 miles of airport. Department may adopt, administer, and enforce airport zoning regulations for any airport within this state dividing the area surrounding the airport into zones. Department may specify land uses, regulate structure and tree height, and abatement of lights or electronic signals that may create a hazard to aircraft operation within these zones. A political subdivision that has an airport hazard area within its territorial limits may adopt, administer, and enforce airport zoning regulations for the airport hazard area. S co p e o f R es tr ic ti o n s May specify land uses permitted and regulate and restrict the height of structures or trees. Airport zoning regulations adopted under this chapter may not require removal, lowering, or other change or alteration of a structure or tree not conforming to regulations when adopted or amended. In adopting or revising zoning regulations, department shall consider character of flying operations at airport, terrain, height of existing structures and trees, possibility of lowering or removing existing obstructions, and views of federal agency. Airport zoning regulations may: 1) Divide the area into zones; 2) Specify land uses permitted within the zones; and 3) Regulate and restrict the height to which a structure may be erected or tree allowed to grow. Jo in t Z o n in g B o ar d s Political subdivision authorized to adopt AZO may establish a 5- member commission or designate any existing planning commission. N/A A Joint Airport Zoning Board may be established by ordinance or resolution if the Airport Hazard Area extends beyond the territorial limits of the political subdivision that owns and controls the airport. P er m it s AZO may require obtaining a permit prior to construction or establishment of a new structure or use or substantial change or alteration of an existing use. Permits may be granted to establish or construct, replace, or substantially alter existing structures and other uses. Permit may not be granted allowing the structure or tree to be made higher or a greater hazard to air navigation than it was when the applicable regulation was adopted. An airport zoning regulation adopted under this article may require that a permit be obtained before a new structure or use may be constructed, established, substantially changed, altered, or repaired. M ar ki n g o r L ig h ti n g o f H az ar d s In the granting of a permit or variance, the owner of the structure/tree may be required to allow the agency (at agency's expense) to install, operate, and maintain markers and lights. N/A In the granting of a permit or variance, the administrative agency or board of adjustment may place a condition on the permit that requires the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate, and maintain markers and lights. A ir p o rt H az ar d D ef in it io n Any structure or tree or use of land which obstructs the airspace or is otherwise hazardous to aircraft landing or taking-off. Anything that may obstruct or interfere with the navigation or operation of aircraft on or in vicinity of an airport. A structure, tree or use of land that obstructs the airspace or is otherwise hazardous to aircraft taking off or landing. A ir p o rt H az ar d A re a D ef in it io n Any area of land or water upon which an airport hazard might be established. An area in the vicinity of an airport in which there is a hazard to the operation of aircraft. An area of land or water upon which an airport hazard might be established. N/A N/A N/A N/A AS 34.70.050. Form of Disclosure Statement - Real estate requires notification if property is in the vicinity of operation of aircraft. AZ. 28. 8481 A political subdivision that has territory in a high noise or accident potential zone of a military airport shall adopt comprehensive/general plans and school district development plans to assure development of compatible land uses. Each political subdivision, excluding school districts, shall adopt and enforce zoning regulations for property within the high noise or accident potential zone. N/A N/A N/A Local Agency Obligation Under State S ta te A ir p o rt Z o n in g L aw s S ta te A ir p o rt Z o n in g a n d C o m p at ib ili ty G u id an ce State O th er R el at ed Z o n in g a n d C o m p at ib ili ty L aw s S ta te A ir p o rt C o m p at ib ili ty L aw s
A-6 Guidebook on Effective Land Use Compatibility Planning Strategies for General Aviation Airports Statute Title T er ri to ri al A u th o ri ty S co p e o f R es tr ic ti o n s Jo in t Z o n in g B o ar d s P er m it s M ar ki n g o r L ig h ti n g o f H az ar d s A ir p o rt H az ar d D ef in it io n A ir p o rt H az ar d A re a D ef in it io n Local Agency Obligation Under State S ta te A ir p o rt Z o n in g L aw s S ta te A ir p o rt Z o n in g a n d C o m p at ib ili ty G u id an ce State O th er R el at ed Z o n in g a n d C o m p at ib ili ty L aw s S ta te A ir p o rt C o m p at ib ili ty L aw s Arkansas California Colorado Enabling Mandated Mandated Title 14, Chapter 363, Airport Zoning Enabling Act Title 5, Article 6.5, Airport Approaches Zoning Law Title 41, Article 1, Aeronautics Act In order to protect airport approaches, all cities are given the power to enforce zoning regulations. Every city or county having an airport hazard area within its territorial limits may adopt, administer and enforce airport zoning regulations. Governmental entities with zoning and building permit authority shall adopt and enforce, at a minimum, rules and regulations to protect the land areas defined in 14 CFR Part 77 (Section 43-10- 113). The local government may designate certain activities of state interest from a site selection of airports, and other similar development defined in C.R.S. 24-65.1-203 Area zones shall in no case extend more than five miles from the airport. May specify land uses permitted and regulate and restrict the height of structures or trees. N/A N/A Prior to the initial zoning of any airport hazard area, the city or county which is to adopt the regulations shall appoint an airport zoning commission. Public Utilities Code 21670 - Requires every county in which an airport is located to establish an Airport Land Use Commission (ALUC) to conduct airport land use compatibility planning. The board of county commissioners in any county within the state has the power to acquire airports and landing fields for the use of airspaces and to contract the removal of any airport hazard (Section 41-4-102). Before any structure or object is altered or repaired, a permit must be secured from the local zoning board or planning commission under its jurisdiction. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure, tree, or use to be made or become higher or a greater hazard to air navigation. N/A In granting any permit or variance, the board or agency may require the owner of the structure or object to install and maintain obstruction marking or lighting. The marking and lighting of existing airport hazards are public purposes for which a city or county may raise and expend public funds and acquire land or property interests. It is authorized for the city and county to acquire the right of easement to place suitable marks for daytime markings and light for the nighttime markings of airport hazards (Section 41-4-108). Any structure or tree or use of land which obstructs the airspace or is otherwise hazardous to aircraft landing or taking-off. Any structure or tree or use of land which obstructs the airspace or is otherwise hazardous to landing or taking-off of aircraft. Any structure or 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 (Section 41-3-103). Any area of land or water upon which an airport hazard might be established. Any area of land or water upon which an airport hazard might be established. N/A N/A California Public Utilities Code 21670 et seq.: With limited exceptions, each County shall establish an Airport Land Use Commission (ALUC) to 1) coordinate airport land use compatibility efforts; 2) prepare and adopt an Airport Land Use Compatibility Plan (ALUCP) for each public- use and military airport in its jurisdiction; and 3) review plans and regulations of local agencies and airport operators. ALUCP establishes land use measures that minimize public's exposure to excessive noise and safety hazards. State statutes require that once an ALUC adopts or amends an ALUCP, each affected local agency must amend its respective general plan to be consistent with ALUCP. N/A AR 27.117.105 No structure in excess of 100 feet in height may be constructed within a defined area of a public airport. Civil Code 4255 - Requires notice if property is within an airport influence area. Education Code 17215 - Proposed acquisition of property within 2 miles of an airport runway by a school requires permission by the State Department of Education after investigation by the Department of Transportation. Government Code 65302.2- In each county where an ALUC does not exist, but where there is a military airport, the general plan shall be consistent with the Air Installation Compatible Use Zone prepared for military airports. Government Code 65302.3 - Requires local general plans to be consistent with airport land use plans. N/A N/A California Airport Land Use Planning Handbook (2011) - Provides guidance to Airport Land Use Commissions and local agencies on development of airport land use compatibility plans and regulations.
Status of State Airport Zoning and Compatibility Laws A-7 Statute Title T er ri to ri al A u th o ri ty S co p e o f R es tr ic ti o n s Jo in t Z o n in g B o ar d s P er m it s M ar ki n g o r L ig h ti n g o f H az ar d s A ir p o rt H az ar d D ef in it io n A ir p o rt H az ar d A re a D ef in it io n Local Agency Obligation Under State S ta te A ir p o rt Z o n in g L aw s S ta te A ir p o rt Z o n in g a n d C o m p at ib ili ty G u id an ce State O th er R el at ed Z o n in g a n d C o m p at ib ili ty L aw s S ta te A ir p o rt C o m p at ib ili ty L aw s Connecticut Delaware Florida Mandated Implemented at state level Mandated Title 15, Chapter 266, Aeronautics Title 2, Part 1, Aeronautics Title 25, Chapter 333, Airport Zoning Every municipality having within its territorial limits an area within an airport approach plan, measures should be taken to protect the airport approaches and shall adopt airport zoning regulations. Where necessary, in order to provide unobstructed airspace for landing and taking off of aircraft utilizing airports, every political subdivision may acquire easements through or other interests in airspaces over land or water, interests in airport hazards outside airport boundaries and such other airport protection privileges as are necessary to ensure safe approaches to landing areas of airports and safe and efficient operation thereof. Every political subdivision having an airport hazard area within its territorial limits shall adopt, administer and enforce airport protection zoning regulations and airport land use compatibility zoning regulations. If airport hazard area affects multiple political subdivisions, agencies shall either 1) enter into an interlocal agreement; or 2) create a joint airport protection zoning board to adopt, administer and enforce airport protection zoning regulations. All airport zoning regulations shall be reasonable, and none shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended. "Airport Protection Privileges" means easements through or other interests in airspace over land or water, interests in airport hazards outside the boundaries of airports or restricted landing areas, and other protection privileges, the acquisition or control of which is necessary to ensure safe approaches to the landing areas of airports and restricted landing areas and the safe and efficient operation thereof. Zoning regulations must require: 1) permit from FL DOT for obstructions; 2) obstruction marking and lighting; and 3) FAA aeronautical study finding (i.e., Form 7460). Approval of permit cannot be based solely on the FAA's determination of no hazard. Law also requires compatibility zoning regulations that 1) prohibit new landfills and minimizing bird hazards at existing sites; and 2) prohibit incompatible land uses in FAA-approved noise contours (i.e., residential and educational facilities). Any town, city, or borough may vote to establish an aviation commission and may determine the number of members of such commission and the length of the term of office of each. N/A If an airport is owned or controlled by a political subdivision and if any other political subdivision has land upon which an obstruction may be constructed or altered which underlies any surface of the airport as provided in 14 C.F.R. part 77, subpart C, the political subdivision shall either: 1) By interlocal agreement, adopt, administer, and enforce a set of airport protection zoning regulations; or 2) By ordinance, regulation, or resolution duly adopted, create a joint airport protection zoning board that shall adopt and enforce airport protection zoning regulations. To facilitate the enforcement of zoning regulations, a system may be established for granting permits to establish or construct new structures and other uses. A building permit issued by the county or municipality shall be required for the construction, erection, placement, or alteration of any structure 1) greater than 200 feet in height; 2) located within the airport approach area; or 3) constitutes an obstruction under 14 CFR Part 77. Building permit may not be issued until Delaware DOT reviews and approves the application. If political subdivisions have, in compliance with this chapter, adopted adequate airport protection zoning regulations, placed such regulations on file with the department's aviation office, and established a permitting process, a permit for the construction or alteration of an obstruction is not required from the department. If the local government has complied with FS 333.025(F) then FS 333.03 requires the local government to adopt, administer, and enforce airport zoning regulations which will require a zoning permit for construction of a structure. In granting any permit or variance, the administrative agency or board of appeals may, at its own expense, install, operate, and maintain suitable obstruction markers and obstruction lights thereon. Every political subdivision may acquire the right or easement to place or maintain suitable marks for the daytime marking and suitable lights for nighttime marking of airport hazards. In issuing a permit, the owner of the obstruction shall be required to install, operate, and maintain, at his or her own expense, obstruction marking and lighting. Any structure or tree or use of land which obstructs the airspace or is otherwise hazardous to aircraft landing or taking-off. Any structure, object of natural growth, or use of land that obstructs air space required for the flight of aircraft in landing or taking off. An obstruction to air navigation (as defined by FAR 77, Subpart C) which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities. Any area of land or water upon which an airport hazard might be established. N/A Any area of land or water upon which an airport hazard might be established (as defined by FAR 77, Subpart C). N/A N/A F.S. 333.03 (2) Political subdivisions shall adopt, administer, and enforce airport land use compatibility zoning regulations. (3)Political subdivisions shall provide a copy of all airport protection zoning regulations and airport land use compatibility zoning regulations, and any related amendments, to the department's aviation office within 30 days after adoption. N/A N/A F.S. 333.03- Requirement to Adopt Airport Zoning Regulations- Every Political subdivision having an airport hazard area within its territorial limits shall adopt and enforce airport protection zoning regulations for such hazard area. F.S. 333.04- Comprehensive Zoning Regulations- In the event of conflict between any airport zoning regulations under this chapter, the more stringent limitation shall govern and prevail. F.S. 333.05- Procedure for Adoption of Airport Zoning Regulations- Before initial zoning of any airport area, the political subdivision or joint airport zoning board must appoint a commission, to be known as the airport zoning commission, to recommend the boundaries of the various zones to be established and the regulations to be adopted. F.S. 333.06- Airport Zoning Regulations Requirements- All airport zoning regulations adopted shall be reasonable and may not impose any requirement or restriction which is not reasonably necessary. N/A N/A Airport Compatible Land Use Guidebook (2012) - Provides planners and policy decision makers with a process for evaluating and regulating land uses near airports. *The guidebook is currently being updated due to changes in F.S. 333.
A-8 Guidebook on Effective Land Use Compatibility Planning Strategies for General Aviation Airports Statute Title T er ri to ri al A u th o ri ty S co p e o f R es tr ic ti o n s Jo in t Z o n in g B o ar d s P er m it s M ar ki n g o r L ig h ti n g o f H az ar d s A ir p o rt H az ar d D ef in it io n A ir p o rt H az ar d A re a D ef in it io n Local Agency Obligation Under State S ta te A ir p o rt Z o n in g L aw s S ta te A ir p o rt Z o n in g a n d C o m p at ib ili ty G u id an ce State O th er R el at ed Z o n in g a n d C o m p at ib ili ty L aw s S ta te A ir p o rt C o m p at ib ili ty L aw s Georgia Hawaii Idaho None Enabling Implemented at state level N/A Title 15, Chapter 262, Airport Zoning Act Title 21, Chapter 5, Airport Zoning Act N/A To prevent the creation of airport hazards, the director of transportation may adopt and enforce airport zoning regulations. The public policy of this state is declared to be that any hazard to the safety of air flight may cause disastrous and needless loss of life and property and that the general welfare of the citizens of this state requires, under the police powers of the state, that maximum safety precaution to air commerce be enacted and maintained. The director of the Idaho DOT shall adopt and may amend rules and regulations as deemed necessary to provide reasonable standards and maximum safety. N/A No airport zoning regulations shall require removal or alteration of any structure not conforming to regulations when adopted. In the event of conflict between any airport zoning regulations, more stringent limitation or requirement shall govern and prevail. In determining structures which are or may be a hazard to air flight, Idaho DOT shall consider terrain, character of neighborhood, uses to which structure and surrounding property may be adaptable, and character of flying operations expected to be conducted in area. When DOT determines that a structure is a probable hazard, land or structure owner shall be notified and shall have 20 days after receipt of such notice to show cause as to why such structure should not be determined a hazard. N/A The director of transportation, officers, and employees of the department of transportation shall enforce and assist with all the rules and laws of the state. The Idaho aeronautics advisory board shall consult with and advise the Idaho transportation department on aeronautic matters. N/A No change shall be made in the use of land, and no structure shall be erected or altered and no tree shall be planted, unless a permit was applied for and granted. N/A N/A The owner of any nonconforming structure or tree shall permit the installation and maintenance of markers and lights as shall be deemed necessary by the director. Markers and lights shall be installed, operated, and maintained at the expense of the state. Any structure that is determined by the director of the Idaho DOT to be a hazard to the safe flight of aircraft shall be plainly marked, illuminated, painted, lighted or designated in a manner to be approved by the director. N/A Any structure or tree which obstructs the airspace or is otherwise hazardous to aircraft landing or taking-off. (Including placement of lights.) Any new or existing structure which endangers the lives and property of users of an airport, and that reduces the area available for landing, taking off, and maneuvering of aircraft. N/A Any area of land or water upon which an airport hazard might be established. Any area or land or water in which an aviation hazard may be established. N/A N/A N/A Section 36-66-56: Requires a local government to seek input from the commander of a military base on zoning proposals involving land near a military airport. N/A N/A N/A N/A N/A
Status of State Airport Zoning and Compatibility Laws A-9 Statute Title Te rr ito ria l Au th or ity Sc op e of Re st ric tio ns Jo in t Zo ni ng Bo ar ds Pe rm its M ar ki ng o r Li gh tin g of Ha za rd s Ai rp or t Ha za rd De fin iti on Ai rp or t H az ar d Ar ea D ef in iti on Local Agency Obligation Under State St at e Ai rp or t Z on in g La w s St at e Ai rp or t Zo ni ng a nd Co m pa tib ili ty G ui da nc e State O th er R el at ed Zo ni ng a nd Co m pa tib ili ty La w s St at e Ai rp or t Co m pa tib ili ty L aw s Illinois Indiana Iowa Enabling Enabling Enabling 620 ILCS 25, Airport Zoning Act Indiana Code 8-22, Airports Chapter 329, Airport Zoning Every political subdivision which owns or controls an airport which is not located wholly or partly within its territorial limits may adopt, administer, and enforce airport zoning regulations for that airport hazard area. The jurisdiction of each eligible entity (county, city, town, or municipal corporation or district) is extended to the promulgation, administering, and enforcement of airport zoning regulations to protect the approaches of an airport that is owned by the entity but located wholly or partially outside the corporate limits of the entity. Every municipality having an airport hazard area within its territorial limits may adopt, administer, and enforce airport zoning regulations. For extraterritorial airport hazard areas, an airport owner may petition the district court to require municipality located in airport hazard area to adopt reasonably adequate airport zoning regulations or join in adopting joint airport zoning regulations. In the event of conflict between any airport zoning regulations, the more stringent limitation or requirement shall govern and prevail. Entity may establish and fix a restricted zone(s) for a distance in any direction from the boundaries of the airport or landing field so that no building or other structure is erected high enough to interfere with the descent of an aircraft at the gilding angle necessary for safety for the usual type of operation that is conducted at the airport or landing field. AZO may divide the airport hazard area into zones and specify the land uses permitted and restrict the height of structures and trees. The governing body which is empowered to adopt airport zoning regulations shall appoint a commission of 2 or more persons to be known as the airport zoning commission. N/A Adopted AZO shall provide for the administration and enforcement of such regulations by an administrative agency. Airport zoning regulations may require a permit be obtained before any new structure or use may be constructed or established before any existing use or structure may be substantially changed, altered, or repaired. When a restricted zone(s) has been established, a permit issued by a department of a local entity or by any state or other authority for the erection of any structure extending into such zone(s) is effective only if approved by the board of an airport authority or board of aviation commissioners. N/A In granting permits or variances, the Department or administrative agency may require the owner of the structure or tree in question, to permit the State or the political subdivision, at its own expense, to install, operate, and maintain markers and lights as may be necessary to indicate the presence of an airport hazard. N/A Airport zoning regulations may require the property owner to permit the municipality at its own expense to install, operate, and maintain on the property markers and lights as necessary. Any structure or tree or use of land which obstructs the airspace or is otherwise hazardous to aircraft landing or taking-off. Any structure, object of natural growth, or use of land, which obstructs the airspace required for the flight of aircraft in landing or takeoff at any airport or is otherwise hazardous to aircraft landing or taking-off. (IC 8-21-1-1) Any structure or tree or use of land which would exceed the federal obstruction standards as contained in FAR Part 77. Any area of land or water upon which an airport hazard might be established. N/A Any area of land or water upon which an airport hazard might be established. N/A N/A N/A 620 ILCS 30/ Zoning to Eliminate Airport Hazards Act- Safety and protection of persons and property in air and on ground and of maintenance of electronic communications require that navigable airspace be maintained. No person shall erect, add to the height of or replace any structure contravening the provisions of subpart (c) of 14 CFR Part 77 until a permit is issued by the Department. Administrative Code, Title 92, Part 16, Airport Hazard Zoning, implements the Airport Zoning Act (620 ILCS 25). Indiana Code 8-21-12-13, Zoning Restrictions: Indiana Finance Authority may establish by resolution(s) a restricted zone(s) so that no building or other structure is erected high enough to interfere with descent of an aircraft on approach to an airport. A permit issued by a local entity for erection of any structure extending into a zone is effective only if approved by the Authority. N/A N/A N/A Iowa Airport Land Use Guidebook (2008) - Provides airport sponsors and communities with information and guidelines that can be used to address land use compatibility issues.
A-10 Guidebook on Effective Land Use Compatibility Planning Strategies for General Aviation Airports Statute Title T er ri to ri al A u th o ri ty S co p e o f R es tr ic ti o n s Jo in t Z o n in g B o ar d s P er m it s M ar ki n g o r L ig h ti n g o f H az ar d s A ir p o rt H az ar d D ef in it io n A ir p o rt H az ar d A re a D ef in it io n Local Agency Obligation Under State S ta te A ir p o rt Z o n in g L aw s S ta te A ir p o rt Z o n in g a n d C o m p at ib ili ty G u id an ce State O th er R el at ed Z o n in g a n d C o m p at ib ili ty L aw s S ta te A ir p o rt C o m p at ib ili ty L aw s Kansas Kentucky Louisiana Enabling Implemented at state level Enabling Chapter 3, Article 7, Zoning Regulations Title 15, Chapter 183, Article 861-873, Airport Zoning Title 2, Chapter 3, Airport Zoning Any political subdivision owning, controlling or operating an airport, or those within or partly within 50,000 feet of a military airfield control tower, may adopt airport zoning regulations for the airport hazard area whether inside or outside of the territorial limits of such subdivision. Kentucky Airport Zoning Commission (state agency) is conferred all powers, provisions, and duties relating to the zoning and use of land, structures, and airspace within and around military and public use airports. Every political subdivision may adopt, administer, and enforce under police power airport zoning regulations for any airport or landing field within its jurisdiction. Airport zoning regulations may establish airport hazard zones, specify permitted land uses and regulate and restrict height of structures and trees. Political subdivision owning, controlling, or operating airport may acquire real property for public purposes, such as air right, navigation easement, or property to effectuate this right. The Commission shall require every military and public use airport file with it maps showing airport and surrounding areas used for approach and landing purposes. Commission shall thereafter designate area over which jurisdiction by Commission shall be assumed for zoning purposes. Commission shall notify local zoning bodies of areas under the Commission's jurisdiction. May divide the area into zones and specify land uses permitted and regulate and restrict the height of structures or trees. Political subdivisions which are to adopt the regulations shall appoint a commission to recommend boundaries of zones to be established and regulations to be adopted. Commission shall be empowered to issue orders, rules, and regulations pertaining to use of land within and around military and public use airports. Any two or more political subdivisions may agree by ordinance to create a joint board to promulgate, administer and enforce airport zoning regulations. A permit may be required before any new structure is constructed or established. Kentucky law requires that all structures built on or near an airport, as defined by KRS 183.861, must be approved and permitted by the Kentucky Airport Zoning Commission. This includes but is not limited to buildings, antenna towers, water towers, above ground electrical power lines, runway and taxiway extensions, apron expansion, parking lots, and construction cranes. Permits will be granted to establish or construct new structures. No permit shall be granted that would allow the structure or tree in question to be made higher or become a greater hazard to air navigation. In granting any permit or variance, the political subdivision may require the owner of the structure or tree to permit the political subdivision, at its own expense, to maintain markers and lights necessary. N/A The administrative agency may condition permit to require the owner of an obstruction to allow the political subdivision to install, operate, and maintain, at its own expense, suitable obstruction markers and obstruction lighting. Any structure or tree or use of land which obstructs the airspace or is otherwise hazardous to aircraft landing or taking-off. Any structure or tree or use of land which obstructs the airspace or is otherwise hazardous to aircraft landing or taking-off. 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 any airport or is otherwise hazardous to such landing or taking off. Any area of land or water upon which an airport hazard might be established. Any area of land or water upon which an airport hazard might be established. N/A N/A N/A N/A N/A N/A LA Rev Stat Section 2:802 (2016) - Establishes state airport priority rating system for funding of airport construction wherein adoption of airport zoning regulations is one of the criterion. N/A N/A Airport Managers Handbook (2015) - Chapter 9 provides background information and guidance on airport zoning and airport compatibility factors.
Status of State Airport Zoning and Compatibility Laws A-11 Statute Title T er ri to ri al A u th o ri ty S co p e o f R es tr ic ti o n s Jo in t Z o n in g B o ar d s P er m it s M ar ki n g o r L ig h ti n g o f H az ar d s A ir p o rt H az ar d D ef in it io n A ir p o rt H az ar d A re a D ef in it io n Local Agency Obligation Under State S ta te A ir p o rt Z o n in g L aw s S ta te A ir p o rt Z o n in g a n d C o m p at ib ili ty G u id an ce State O th er R el at ed Z o n in g a n d C o m p at ib ili ty L aw s S ta te A ir p o rt C o m p at ib ili ty L aw s Maine Maryland Massachusetts Enabling Enabling Enabling Title 6, Chapter 13, Airport Zoning Title 5, Subtitle 6, Airport Zoning Title 24, Chapter 90, Section 40, Airport Approach Regulations Every political subdivision may adopt, administer, and enforce airport zoning regulations. Each political subdivision may adopt, under police power, airport zoning regulations to protect the aerial approaches of any airport located in the political subdivision or owned by the political subdivision and located wholly or partly outside of the political subdivision. Any City or town may by ordinance or by-law adopt, administer and enforce airport approach regulations relative to approaches to publicly owned airports, applicable to areas within such city or town. Regulations may divide the area surrounding any airport within the jurisdiction of said political subdivision into zones and within zones specify land uses permitted and restrict the height of structures and trees. Political subdivisions may regulate and restrict the height of structures and trees or other vegetation and the purposes for which land may be used. Subtitle 6 does not apply to Baltimore County (Political Subdivisions). Regulations may divide area into sections and regulate and restrict the height of structures and trees. Any two or more political subdivisions may agree to create a joint board to administer and enforce airport zoning regulations. Any two or more political subdivisions may create a joint board to enforce airport zoning regulations for any airport located wholly or partly in any one or more political subdivisions. Airport approach regulations adopted by City or town shall be submitted to the Massachusetts Aeronautics Commission for approval. Before any nonconforming structure or tree may be replaced, altered, or repaired, a permit must be secured from the local administrative agency. To facilitate enforcement of airport zoning regulations, a political subdivision may establish a system and adopt rules and regulations for granting permits. A permit from the State Administration is required to alter any nonconforming structures or uses, to establish new structures, and to make new uses of existing structures or uses of land, trees, or other vegetation. N/A In granting any permit or variance, the political subdivision may require the owner of the structure or tree to permit the political subdivision, at its own expense, to maintain markers and lights necessary. Administration, political subdivision, or joint board may require the owner of any structure deemed a hazard to air navigation to install, operate, and maintain at the owner's expense the markers and lights necessary. N/A Any structure or tree which obstructs the aerial approaches of a public airport. Any object that affects the area available for landing, take-off, and maneuvering of aircraft. N/A An area in the vicinity of an airport in which there is a hazard to the operation of aircraft. Any area of land or water upon which an airport hazard might be established. N/A N/A N/A N/A N/A Title 11, Subtitle 3, Chapter 11.03.06, Airport Zoning Regulations adopted by Maryland Aviation Administration to protect the aerial approaches of airports owned by the State. A permit is required from the state for any construction proposed within airport zoning districts. Title 24, Chapter 90, Section 35, Structures within Airport Approaches - requires a permit from the Massachusetts Aeronautics Commission for the erection of a structure within a specified area of a runway. N/A N/A N/A
A-12 Guidebook on Effective Land Use Compatibility Planning Strategies for General Aviation Airports Statute Title T er ri to ri al A u th o ri ty S co p e o f R es tr ic ti o n s Jo in t Z o n in g B o ar d s P er m it s M ar ki n g o r L ig h ti n g o f H az ar d s A ir p o rt H az ar d D ef in it io n A ir p o rt H az ar d A re a D ef in it io n Local Agency Obligation Under State S ta te A ir p o rt Z o n in g L aw s S ta te A ir p o rt Z o n in g a n d C o m p at ib ili ty G u id an ce State O th er R el at ed Z o n in g a n d C o m p at ib ili ty L aw s S ta te A ir p o rt C o m p at ib ili ty L aw s Michigan Minnesota Mississippi Enabling Mandated Enabling Act 23 of 1950, Airport Zoning Act Chapter 360, Airport Zoning Title 61, Chapter 7, Airport Zoning MAC shall formulate, adopt and revise an APP for each publicly owned airport in the state. Every political subdivision partly or wholly within an airport hazard area may adopt, administer, and enforce airport zoning regulations. Every municipality having an airport hazard area within its territorial limits may adopt, administer, and enforce airport zoning regulations. The [state] commissioner shall not expend money for land acquisition, or for the construction, improvement, or maintenance of airports, or for air navigation facilities for an airport, unless the governmental unit involved has or is establishing an airport zoning ordinance in accordance with sections 360.061 to 360.074. Every political subdivision having an airport hazard may adopt, administer, and enforce airport zoning regulations for the area. Airport zoning regulations may divide the airport hazard area into zones and specify the land uses permitted and restrict the height of structures and trees. Regulations may divide area into zones and specify the land uses permitted and regulate and restrict the height of structures and trees. Regulations may divide area into zones and specify the land uses permitted and regulate and restrict the height of structures and trees. All involved political subdivisions, including the airport owner, shall create a joint airport zoning board to adopt, administer and enforce airport zoning regulations in the applicable airport hazard area. Where an airport is owned or controlled by a political subdivision and the airport hazard area is located outside the territorial limits of said political subdivision, the political subdivision owning or controlling the airport may request the other affected political subdivision(s) to adopt and enforce airport zoning regulations or join to create a joint zoning board. Where an airport is owned or controlled by a political subdivision and the airport hazard area is located outside the territorial limits of said political subdivision, the political subdivision owning or controlling the airport may request the other affected political subdivision(s) to adopt and enforce airport zoning regulations or join to create a joint zoning board. A permit shall be required before any structure or use is established or substantially changed. No permit shall be granted that would create an airport hazard or allow greater nonconformance. Airport zoning regulations may require obtaining a permit prior to construction or establishment of a new structure or use or substantial change or alteration of an existing use. Airport zoning regulations may require that a permit be obtained before any new structure or use may be constructed or established. Marking and lighting of existing airport hazards are public purposes for which a political subdivision may expend funds to acquire land or property rights. In granting any permit or variance, the administrative agency or board of adjustment may require the owner of the structure or tree in question to permit the municipality, at its own expense, to install, operate, and maintain markers and lights to indicate to flyers the presence of an airport hazard. In granting any permit or variance, the political subdivision may require the owner of the structure or tree to permit the political subdivision, at its own expense, to maintain markers and lights necessary. Any structure or tree or use of land or of appurtenances thereof which obstructs the airspace Any structure or tree or use of land which obstructs the airspace or is otherwise hazardous to aircraft landing or taking off. Any structure or object which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport. Any area of land or water upon which an airport hazard might be established, including any area declared by the Michigan Aeronautics Commission (MAC) in its Airport Approach Plan (AAP) adopted by the MAC and based on FAR Part 77. Any area of land or water upon which an airport hazard might be established. Any area of land or water upon which an airport hazard might be established. N/A N/A N/A Zoning Enabling Act (Act 110 of 2006) requires local zoning officials incorporate AAP next time airport ordinance is updated. Law does not require non-conforming sections of ordinance be consistent with AAP; rather, it requires that ordinance shall not become any more inconsistent. Tall Structures Act (Act 259) requires an airspace review by commission and issuance of permits for tall structures and airspace obstructions. Seller Disclosure Act (92) establishes real estate disclosure requirement. MN 8800.2400, Airport Zoning Standards - Contains minimum standards for the zoning of public airports as to airspace, land use safety and noise sensitivity. MN MS 360.305 Expenditures for Airports and Navigation- The commissioner shall make maximum use of zoning and easements to eliminate runway and other potential airport hazards rather than land acquisition in fee. N/A Zoning for Public Use Airports in the State of Michigan - Explains applicable airport protection laws and state's intention of promoting and implementing state-prepared Airport Approach Plans at the local level. Airport Land Use Compatibility Manual (2006) - Focuses on land uses that are incompatible with airport operations and provides instructions for adopting airport zoning ordinances in Minnesota. Chapter 4 provides information on establishing intergovernmental agreements. Chapter 6 provides a Model Airport Safety Zoning Ordinance. N/A
Status of State Airport Zoning and Compatibility Laws A-13 Statute Title T er ri to ri al A u th o ri ty S co p e o f R es tr ic ti o n s Jo in t Z o n in g B o ar d s P er m it s M ar ki n g o r L ig h ti n g o f H az ar d s A ir p o rt H az ar d D ef in it io n A ir p o rt H az ar d A re a D ef in it io n Local Agency Obligation Under State S ta te A ir p o rt Z o n in g L aw s S ta te A ir p o rt Z o n in g a n d C o m p at ib ili ty G u id an ce State O th er R el at ed Z o n in g a n d C o m p at ib ili ty L aw s S ta te A ir p o rt C o m p at ib ili ty L aw s Missouri Montana New Jersey None Mandated Mandated N/A Title 67, Chapter 7, Airport Affected Areas Title 16, Chapter 62, Air Safety and Zoning N/A A political subdivision that owns or controls a NPIAS airport or that has an AAA for a NPIAS airport within its territorial limits shall by ordinance or resolution, exercising its police power: 1) designate an AAA; 2) concurrently adopt regulations for AAA; and 3) administer and enforce regulations. A political subdivision that owns or controls a non-NPIAS airport or has an AAA for a non-NPIAS airport within its territorial limits may designate an AAA by ordinance. Each municipality that contains boundaries of any part of a delineated airport safety zone shall enact an ordinance incorporating standards promulgated by Air Safety and Zoning Act of 1983. These standards shall also become a part of comprehensive (land use) plans for each affected municipality. Each municipality shall transmit a copy of ordinance and comprehensive plan to the Division. N/A Regulations may establish height limits and notice requirements per 14 CFR, Part 77; show 65 DNL noise contours; and specify permitted and conditional uses within each zone. State regulations prescribe delineation of airport safety zones, methodology for establishing vertical limits, and land uses prohibited in safety zones. Municipalities may adopt more rigorous standards to control the areas under their provisions. N/A A Joint Airport Affected Area Regulation Board may be established by political subdivision owning/controlling the airport and the political subdivision(s) within the AAA. Municipalities of New Jersey are required to implement and maintain land use ordinance which are subject to review by the Commissioner of Transportation. N/A Regulations adopted must provide for a permit system for erecting new structures or trees, changing of structures, and the altering, repairing, or replacing of structures or existing trees. The NJ DOT may issue a permit for creation or establishment of a nonconforming use or vertical development within an airport safety zone. N/A A permit may require the owner of a structure or tree to allow the governing body, at the owner's expense, to install, operate, and maintain lights and markers as necessary. N/A N/A Any structure, object, use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport. Any use of land or water which creates a dangerous condition for persons or property in or about an airport or aircraft during landing or taking off at an airport or any structure or tree which obstructs the airspace required for the flight of aircraft in landing or taking-off at an airport. N/A "Airport Affected Area (AAA)" means the land and 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 the areas described in 14 CFR, Part 77. "Airport Safety Zone (ASZ)" means an area of land or water upon which an airport hazard might be established. N/A See Title 67, Chapter 7, Airport Affected Areas . Regulations may address compatibility concerns beyond just airspace hazards. See Title 16, Chapter 62, Air Safety and Zoning. Law states that airport protection standards shall become part of the comprehensive land use plan. Chapter 67.1200-67.1224- Airport Zoning and Regulation (Military) - A political subdivision may adopt, administer, and enforce, under its police power, airport hazard area zoning regulations and/or airport compatible land use zoning regulations for areas located outside military airport boundaries. Chapter 305.400-305.410 - Airport Zoning Regulation (Greene County) - Establishes zoning regulations for commercial airports in Greene County. Chapter 305.500-305.585 - St. Louis Metro Airport Authority Law - Allows Authority to provide zoning for airspace clearance and navigational purposes. N/A NA N/A N/A N/A
A-14 Guidebook on Effective Land Use Compatibility Planning Strategies for General Aviation Airports Statute Title T er ri to ri al A u th o ri ty S co p e o f R es tr ic ti o n s Jo in t Z o n in g B o ar d s P er m it s M ar ki n g o r L ig h ti n g o f H az ar d s A ir p o rt H az ar d D ef in it io n A ir p o rt H az ar d A re a D ef in it io n Local Agency Obligation Under State S ta te A ir p o rt Z o n in g L aw s S ta te A ir p o rt Z o n in g a n d C o m p at ib ili ty G u id an ce State O th er R el at ed Z o n in g a n d C o m p at ib ili ty L aw s S ta te A ir p o rt C o m p at ib ili ty L aw s Nebraska Nevada New Hampshire Mandated Enabling Mandated Chapter 3, Sections 3-301 to 3-333, Airport Zoning Act Chapter 497, Airport Zoning Act Title 39, Chapter 424, Airport Zoning Every political subdivision that has an airport hazard area within its zoning jurisdiction shall adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed in the Airport Zoning Act, airport zoning regulations. Every political subdivision having an airport hazard area within its territorial limits may adopt, administer and enforce, under the police power and in the manner and upon the conditions prescribed in the Airport Zoning Act, airport zoning regulations. NH DOT is empowered and directed to formulate and adopt an airport-approach plan for each publicly owned airport and privately owned commercial airport. Every town with territorial limits in an airport-approach plan shall adopt, administer, and enforce, under police power and in manner and upon conditions prescribed by the Airport Zoning Act, airport zoning regulations. Regulations may divide airport hazard area into zones, specify permitted land uses and regulate and restrict the height of structures and trees. Regulation may divide airport hazard area into zones, prohibit land uses which could cause a hazard to air traffic and regulate/restrict the height of structures and trees. Regulations shall divide the area into zones, specify the land uses permitted, regulate and restrict the height of structures or trees, creation and discharge of smoke, steam, dust or other obstructions to visibility, electrical impulses and disturbances which interfere with radio aids or communications, and regulate and restrict lighting as may be necessary to effectuate the safe approach to the airport. A joint airport zoning board may be created if the airport hazard area extends beyond the zoning jurisdiction of the political subdivision owning the airport. The political subdivision owning/controlling the airport and the political subdivision within the airport hazard area may, by ordinance or resolution, create a joint airport zoning board. N/A Regulation may require obtaining a permit prior to construction or establishment of a new structure or use, or substantial change or alteration of an existing use. Regulation may require obtaining a permit from the administrative agency prior to construction or establishment of a new structure or use, or substantial change or alteration of an existing use. A permit must be secured from the administrative agency before establishing or constructing new structures and uses, and replacing or altering existing structures or uses. In granting any permit or variance adopted under Airport Zoning Act, administrative agency or board of adjustment may condition permit or variance to require owner of structure or tree in question to permit political subdivision at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to fliers the presence of an airport hazard. In granting any permit or variance, the administrative agency or board of adjustment may require the owner of the structure or tree in question to permit the political subdivision to install, operate, and maintain at the owner's expense markers and lights necessary to indicate the presence of a hazard to flight. In granting any permit, the administrative agency may require the owner of a structure or object of natural growth in question to permit the political subdivision, at its own expense, to install, operate, and maintain suitable obstruction markers and lights thereon. Any structure or tree or use of land that penetrates any approach, operation, transition, or turning zone. Any structure or tree or use of land that obstructs the airspace required for the flight of aircraft landing or taking-off at any airport or is otherwise hazardous to the landing or taking off of aircraft. 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 or be confused with airport lights. Any area of land or water upon which an airport hazard might be established. Any area of land or water upon which an airport hazard might be established. N/A N/A N/A N/A N/A N/A Chapter 422-B Control of Tall Structures- No person shall erect, add to the height of, or replace any structure that will result in a structure higher than 500 feet above the highest point of land within a one-mile radius from the structure. N/A N/A N/A
Status of State Airport Zoning and Compatibility Laws A-15 Statute Title T er ri to ri al A u th o ri ty S co p e o f R es tr ic ti o n s Jo in t Z o n in g B o ar d s P er m it s M ar ki n g o r L ig h ti n g o f H az ar d s A ir p o rt H az ar d D ef in it io n A ir p o rt H az ar d A re a D ef in it io n Local Agency Obligation Under State S ta te A ir p o rt Z o n in g L aw s S ta te A ir p o rt Z o n in g a n d C o m p at ib ili ty G u id an ce State O th er R el at ed Z o n in g a n d C o m p at ib ili ty L aw s S ta te A ir p o rt C o m p at ib ili ty L aw s New Mexico North Carolina North Dakota Mandated Enabling Enabling Chapter 3, Article 39, Municipal Airport Zoning Law Chapter 63, Article 4, Model Airport Zoning Act Chapter 2-04, Airport Zoning The legislative body is empowered to formulate and adopt an airport approach plan for any publicly owned airport. Every municipality and county shall adopt, administer and enforce, under police power and in the manner and upon the conditions prescribed by the Municipal Airport Zoning Law, airport zoning regulations. Every political subdivision may adopt and enforce airport zoning regulations. Every political subdivision having an airport hazard area within its territorial limits may adopt and enforce airport zoning regulations. Regulation shall divide the area into zones, specify the land uses permitted, regulate and restrict the height of structures and trees, and impose other restrictions and requirements as may be necessary to effectuate the legislative body's approach plan for the airport. Regulation shall divide the area into zones, specify the land uses permitted, and regulate and restrict the height of structures and trees. Regulations may divide the airport hazard area into zones, specify the land uses permitted, and regulate and restrict the height of structures and trees. N/A Any two or more political subdivisions may agree, by ordinance, to create a joint board. The political subdivision owning or controlling the airport and the political subdivision within which the airport hazard area is located may by ordinance or resolution create a joint airport zoning board, which has the power to adopt, administer, and enforce airport zoning regulations. Before any nonconforming structure or tree may be replaced, altered, or repaired, a permit must be secured from the administrative agency. Before any nonconforming structure or tree may be replaced, altered, or repaired, a permit must be secured from the administrative agency. Regulations may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be altered. In granting any permit or variance, the owner of the structure/tree must permit the political subdivision, at its own expense, to install, operate, and maintain obstruction markers and obstruction lights. In granting any permit, the administrative agency or board may require the owner of the structure or tree to permit the political subdivision, at its own expense, to install, operate, and maintain markers and lights necessary. In granting any permit, the administrative agency or board may require the owner of the structure or tree to permit the political subdivision, at its own expense, to install, operate, and maintain markers and lights necessary. Any overhead power line which interferes with radio communication between publicly owned airport; any structure or tree which obstructs the aerial approaches of an airport or is otherwise hazardous to its use for landing or taking off. Any structure, object, use of land that obstructs the air space required for the flight of aircraft in landing or taking off at an airport. 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. N/A N/A Any area of land or water upon which an airport hazard might be established. N/A N/A N/A N/A N/A N/A N/A N/A N/A
A-16 Guidebook on Effective Land Use Compatibility Planning Strategies for General Aviation Airports Statute Title T er ri to ri al A u th o ri ty S co p e o f R es tr ic ti o n s Jo in t Z o n in g B o ar d s P er m it s M ar ki n g o r L ig h ti n g o f H az ar d s A ir p o rt H az ar d D ef in it io n A ir p o rt H az ar d A re a D ef in it io n Local Agency Obligation Under State S ta te A ir p o rt Z o n in g L aw s S ta te A ir p o rt Z o n in g a n d C o m p at ib ili ty G u id an ce State O th er R el at ed Z o n in g a n d C o m p at ib ili ty L aw s S ta te A ir p o rt C o m p at ib ili ty L aw s New York Ohio Oklahoma Enabling Enabling Mandated NYS General Municipal Law, Article 14, Airports and Landing Fields Chapter 4563, Airports Title 3, Section 3-100 to 3-116, Airport Zoning Act Section 356 states that any city, village, or town within its territorial limits in any part of a flight hazard area is empowered to adopt, amend and enforce regulations applicable within the municipal limits for the protection of persons and property within the flight hazard area. Within the approach, transitional, inner horizontal, and conical areas at a publicly owned airport, an airport zoning board may adopt, administer, and enforce zoning regulations. Every political subdivision having an airport hazard area within its territorial limits shall adopt, administer, and enforce airport zoning regulations. Regulations may divide flight hazard area into different districts, and within each such district may apply regulations which may differ according to angles of elevation and distances from runway ends and boundaries of the approach and turning zones, and may restrict and limit the height of buildings, structures, trees or other natural objects. (Section 356) Airport zoning board shall adopt, as regulations, rules adopted by DOT that are based in whole upon the obstruction standards set forth in 14 CFR 77.21 to 77.29 to uniformly regulate height and location of structures and objects of natural growth in any airport's airspace surfaces. Airport zoning regulations may divide airspace surfaces into zones, and within such zones, regulate and restrict land use in order to minimize injury, loss of life, and hazards to the safety of persons or to security of property within such zones, and may include regulations governing population density and concentration of persons within such zones. Regulations may divide the airport hazard area into zones, specify the land uses permitted, and regulate and restrict the height of structures and trees. Where a public airport or any part of its flight hazard area lies in one or more municipalities, upon the request of the municipality owning the airport, any municipality may join the municipality owning the airport to establish a joint airport zoning board to prepare regulations. (Section 356) If publicly owned airport and airport hazard areas are located inside territorial limits of one political subdivision, the legislative authority of the political subdivision shall constitute the airport zoning board. When an airport is publicly owned and any airport hazard area appertaining to such airport is located in more than one political subdivision, the board of county commissioners of each county in which such airport or hazard area may exist shall constitute the airport zoning board. The political subdivision owning/controlling the airport and the political subdivision within the airport hazard area may, by ordinance or resolution, create a joint airport zoning board. N/A Regulations may require that a permit be obtained from the administrative agency before any new structure or use may be constructed or established and before any existing use or structure may be altered. A permit is required from the local airport zoning authority, or in the absence of a local airport zoning authority, the Oklahoma Aeronautics Commission, for the erection, alteration, or modification of any structure that exceeds standards in 14 CFR Part 77. N/A In granting any permit, the administrative agency may require the owner of a structure or object of natural growth in question to permit the political subdivision, owning the airport, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate the presence of an airport hazard. In granting any permit, the administrative agency or Board of Adjustment may require the owner of a structure or object of natural growth in question to permit the political subdivision, owning the airport, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate the presence of an airport hazard. "Flight Hazard" - Any structure, building, tower, pole, wire, tree or other thing, or portion thereof, located within the flight hazard area (Section 355). Any structure or object of natural growth, or use of land which within an airport hazard area that obstructs the air space 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. Any structure, object of natural growth or use of land which obstructs the airspace or is otherwise hazardous to aircraft landing or taking off. "Flight Hazard Area" - The area within the approach and turning zones which lie within 3,000 feet of an airport (Section 355). Any area of land adjacent to an airport that has been declared to be an "airport hazard area" by the office of aviation in connection with any airport approach plan recommended by the office. Any area of land or water upon which an airport hazard might be established. N/A See Chapter 4563, Airports. Law states that regulations may address compatibility concerns beyond just airspace hazards. N/A N/A Chapter 5501:1-10 Ohio Airport Protection Act- No person shall commence to install any structure or object of natural growth in this state, any part of which will penetrate or is reasonably expected to penetrate into navigable airspace, without first obtaining a permit from the department of transportation. Any decision to grant a waiver from full compliance with the obstruction standards shall be based on 14 CFR Part 77. Aircraft Pilot and Passenger Protection Act 3 OK Stat 120.1- 120.14 regulates obstructions to air navigation that have potential of endangering the lives and property of aircraft pilots and passengers and those that live or work in the vicinity of public-use airports. It also regulates the use of land in close proximity to a public-use airport to ensure compatibility with aircraft operations. N/A N/A N/A
Status of State Airport Zoning and Compatibility Laws A-17 Statute Title T er ri to ri al A u th o ri ty S co p e o f R es tr ic ti o n s Jo in t Z o n in g B o ar d s P er m it s M ar ki n g o r L ig h ti n g o f H az ar d s A ir p o rt H az ar d D ef in it io n A ir p o rt H az ar d A re a D ef in it io n Local Agency Obligation Under State S ta te A ir p o rt Z o n in g L aw s S ta te A ir p o rt Z o n in g a n d C o m p at ib ili ty G u id an ce State O th er R el at ed Z o n in g a n d C o m p at ib ili ty L aw s S ta te A ir p o rt C o m p at ib ili ty L aw s Oregon Pennsylvania Rhode Island Mandated Mandated Mandated Chapter 660, Division 13, Airport Planning Title 74, Chapter 59, Airport Operation and Zoning Title 1, Chapter 1-3, Airport Zoning A local government shall adopt an Airport Safety Overlay Zone to prohibit structures and natural growth from penetrating airport imaginary surfaces. City or county with planning authority for one or more airports or areas within safety zones or compatibility zones shall adopt a comprehensive plan and land use regulations for public use airports. Every municipality having an airport hazard area within its territorial limits shall adopt, administer, and enforce airport zoning regulations for airport hazard area. RI Airport Corporation shall formulate, adopt and revise, as necessary, an airport airspace plan for each publicly owned airport. Every political subdivision having an airport hazard area wholly or partly within its territorial limits shall adopt, administer, and enforce airport zoning regulations for that part of the airport hazard area which is within its territorial limits. A political subdivision which includes an airport hazard area shall adopt, either in full or by reference, provisions of 14 CFR Part 77. A local government shall adopt airport compatibility requirements including: 1) prohibiting new residential and public assembly uses in RPZ; 2) limit noise-sensitive uses in noise impacted boundary; 3) prohibit industrial uses emitting smoke, dust, or steam; 4) limit outdoor lighting; 5) coordinate review of radio and electrical transmission facilities with ORA; 6) regulate water impoundments; and 7) prohibit new landfills near airports. Regulation may divide area into zones, specify land uses permitted and regulate and restrict the height of structures or natural growth. A municipality shall adopt, either in full or by reference, any provision of any model zoning ordinance or other similar guidelines suggested or published by the FAA regarding airport hazard areas. Regulations may divide the airport hazard area into zones, specify the land uses permitted, and regulate and restrict the height of structures and trees. If formulating airport zoning regulations, the political subdivision(s) shall consider the airport airspace plan prepared by the RI Airport Corporation. N/A Where any airport hazard area appertaining to an airport is located outside the territorial limits of the municipality encompassing the airport, all municipalities involved may create a joint airport zoning board. Any two or more political subdivisions affected by an airport hazard area may create by ordinance or resolution a joint board to adopt, administer, and enforce airport zoning regulations. ORS 215 and 227 require counties and cities to notify airport owners of applications for permits and zoning changes within 5,000 feet of visual runways and 10,000 feet of instrument airports. Any airport zoning regulations shall require that a permit be obtained before any new use or structure may be established or constructed and before any existing use or structure may be substantially changed. Permit required before any nonconforming structure or tree may be replaced, substantially altered, repaired, rebuilt, allowed to grow higher, or replanted. No permit shall be granted that would allow structure or tree to exceed applicable height limit established by airport's airspace plan or otherwise deviate from zoning regulations. N/A In granting any permit, the board shall condition the permit to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person or persons requesting the permit or variance, to install, operate and maintain thereon such markers and lights. In granting any permit or variance adopted under the Airport Zoning Act, the administrative agency or board of adjustment may condition the permit or variance to require the owner of the structure or tree in question to permit the political subdivision at its own expense to maintain obstruction markers and lights. Any structure, object of natural growth, or use of land that obstructs navigable airspace. (ORS 836) Any structure or object, natural or manmade, or use of land which obstructs the airspace required for flight of an aircraft in landing or taking off at an airport or is otherwise hazardous to the landing or taking off of aircraft. (Title 74, Chapter 51). Any electronic transmission device or structure, which, as determined by the FAA, 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. N/A Any area of land or water upon which an airport hazard might be established. (Title 74, Chapter 51). Any area of land or water upon which an airport hazard might be established. See OAR 660-013, Airport Planning. Law states that local agency shall adopt airport compatibility requirements and incorporate them into their respective comprehensive plans. ORS 836.610 - Local governments shall amend their comprehensive plan and land use regulations to accommodate airport zones and uses. N/A N/A ORS 197 requires local governments to notify ODA of certain water impoundment proposals within 10,000 feet of an airport. N/A N/A Airport Land Use Compatibility Guidebook (2003) - Purpose of guidebook is to provide planners, local officials, and citizens guidance regarding airport land use compatibility issues. Airport Land Use Compatibility Guidelines (1996) - Provides guidance to municipalities, counties, and airports to strengthen long-term viability of the airport system. Action Plan for Implementing Local Airport Hazard Zoning Ordinances (2011) - Facilitates development of airport hazard zoning ordinances by applicable municipalities to increase statewide compliance with PA Act 164. Model Zoning Ordinance Language for an Airport District Overlay (2013) - Provides a tool to help impacted municipalities meet their obligation to enact airport hazard zoning as required by PA Act 164. The State provides the Airport Land Use Compatibility Guidebook as a resource to help communities plan and develop compatible land use around state-owned GA airports in accordance with state law.
A-18 Guidebook on Effective Land Use Compatibility Planning Strategies for General Aviation Airports Statute Title T er ri to ri al A u th o ri ty S co p e o f R es tr ic ti o n s Jo in t Z o n in g B o ar d s P er m it s M ar ki n g o r L ig h ti n g o f H az ar d s A ir p o rt H az ar d D ef in it io n A ir p o rt H az ar d A re a D ef in it io n Local Agency Obligation Under State S ta te A ir p o rt Z o n in g L aw s S ta te A ir p o rt Z o n in g a n d C o m p at ib ili ty G u id an ce State O th er R el at ed Z o n in g a n d C o m p at ib ili ty L aw s S ta te A ir p o rt C o m p at ib ili ty L aw s South Carolina South Dakota Tennessee Mandated Mandated Mandated Title 55, Chapter 9, South Carolina Airports Act- Zoning of Land Surrounding Certain Airports Title 50, Chapter 10, Airport Zoning Title 42, Chapter 6, Airport Zoning All land surrounding public-owned airports in state, must be zoned by appropriate county, municipal or regional authorities so as to conform to regulations of the Division of Aeronautics and FAA. Any political subdivision that has an airport hazard area within its territorial limits may adopt airport zoning regulations for the airport hazard area. SD Aeronautics Commission is empowered and directed to formulate and adopt an airport approach plan for each publicly owned airport in state. Every political subdivision having within its territorial limits an area within an airport approach plan defined by Commission shall take measures to protect airport approaches and shall adopt, administer and enforce airport zoning regulations. Every municipality or county having an airport hazard area within its territorial limits shall adopt, administer, and enforce airport zoning regulations. Regulation may divide area into zones, specify land uses permitted and regulate and restrict, for the purposes of preventing airport hazards, the height of structures or trees. Regulations shall divide the area into zones, specify the land uses permitted, regulate and restrict the height of structures and trees, and prohibit the obstruction by lights, smoke, electronic devices or any other means. Regulations may divide airport hazard area into zones, specify permitted land uses and regulate and restrict the height of structures and trees. When an airport hazard area is located outside the territorial limits of the political subdivision owning/controlling the airport, the political subdivision owning/controlling the airport and the political subdivision within the airport hazard area may by ordinance adopt, administer and enforce airport zoning regulations. N/A The municipality owning or controlling the airport and the county or counties within which the airport and the airport hazard area are located shall adopt by joint resolution airport zoning regulations, or the county or counties shall authorize by resolution the adoption of such regulations by the municipality. N/A A system may be established for granting permits to establish or replace existing structures. Before any structure or tree is replaced or altered, a permit shall be secured from the administrative agency. N/A Regulations may allow the governmental entity to install, operate, and maintain on the property markers and lights, as necessary, to indicate to operators of aircraft the presence of the airport hazard. In grating any permit or variance, the administrative agency or board of appeals may so condition such permit or variance as to require the owner of the structure or tree to allow the political subdivision, at its own expense, to provide for the installation, operation and maintenance of suitable obstruction markers and lights. In granting any variance or permit, the administrative agency may condition the permit or variance to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate, and maintain obstruction markers and lights. Is a condition, occurrence or activity that endangers the lives and property of users of an airport and of occupants of land and other persons in its vicinity, and also reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment in it. Any structure or tree which obstructs an aerial approach of an airport. Any structure or tree or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport N/A N/A Any area of land or water upon which an airport hazard might be established. SC Code Section 55-13-10 Authority of Political Subdivision to Make Rules and Regulations- The governing body of a political subdivision in which there is an airport may make reasonable rules and promulgate regulations as authorized in Section 6-24-710(5) prohibiting, within a reasonable distance from the base or airfield, the erection of a building, tower or other structure or the allowing of natural growth or other hazard to aircraft, above certain maximum heights, which shall be increased at varying distances from the airport. Counties or municipalities may restrict residential or commercial development inside the airport safety zones of a civil airport and prohibit the use of land in a manner which could cause interference with radio communication between aircraft and the airport or landing areas, confuse or impair visibility in the vicinity of the airport or landing areas, or otherwise endanger the landing, taking- off, or maneuvering of aircraft using the airport or landing areas. Political subdivisions also may assist with the protection of Department of Defense defined accident potential areas from encroachments in accordance with federal and state regulations. N/A N/A SC Code Section 55-13-10, Authority of Political Subdivisions to Make Rules and Regulations - A political subdivision may make rules and regulations prohibiting erection of a building, tower or other structure above certain maximum heights and distances of an airport; restrict residential or commercial development inside airport safety zone of a civil airport; prohibit use of land which could cause interference with radio communication between aircraft and airport, confuse or impair visibility in vicinity of airport or otherwise endanger landing, taking off or maneuvering of aircraft using airport. Political subdivisions may also assist in protection of DOD defined accident potential areas from encroachment. SD 50-10-35 Military Airport Compatible Land Use Zoning Regulations- A political subdivision may adopt compatible land use zoning regulations for the part of a controlled compatible land use area located within the political subdivision. N/A N/A N/A N/A
Status of State Airport Zoning and Compatibility Laws A-19 Statute Title T er ri to ri al A u th o ri ty S co p e o f R es tr ic ti o n s Jo in t Z o n in g B o ar d s P er m it s M ar ki n g o r L ig h ti n g o f H az ar d s A ir p o rt H az ar d D ef in it io n A ir p o rt H az ar d A re a D ef in it io n Local Agency Obligation Under State S ta te A ir p o rt Z o n in g L aw s S ta te A ir p o rt Z o n in g a n d C o m p at ib ili ty G u id an ce State O th er R el at ed Z o n in g a n d C o m p at ib ili ty L aw s S ta te A ir p o rt C o m p at ib ili ty L aw s Texas Utah Vermont Mandated Enabling Enabling Title 7, Subtitle C, Chapter 241, Municipal and County Zoning Authority Around Airports Title 72, Chapter 10, Part 4, Airport Zoning Act Title 5, Chapter 17, Airport Zoning A political subdivision may adopt, administer, and enforce airport hazard area zoning regulations. A political subdivision may adopt, administer, and enforce airport compatible land use zoning regulations if airport is: (1) used in public interest, or (2) located within political subdivision and owned or operated by a federal defense agency or state. Airport compatible land use zoning regulations must include a statement that airport fulfills an essential community purpose. Every political subdivision having an airport hazard area within its territorial limits may adopt, administer, and enforce airport zoning regulations for the airport hazard area. Any political subdivision having an airport hazard area within its territorial limits may adopt, administer, and enforce airport zoning regulations for an airport hazard area. Airport hazard area zoning regulations may divide the airport hazard area into zones, specify land uses permitted, regulate the type of structures, and restrict the height of structures and objects of natural growth. Airport compatible land use zoning regulations may implement any federal law or rules controlling the use of land located adjacent to or in the immediate vicinity of the airport. Regulations may divide the area into zones, specify land uses permitted, and regulate/restrict the height of structures and trees. Within the zones, the subdivision may specify the land uses permitted and regulate and restrict the height to which airport hazards may be erected or allowed to grow. Political subdivisions may create a joint airport zoning board in which an airport hazard area or a controlled compatible land use area relating to the airport is located. If an airport is owned or controlled by a political subdivision and any airport hazard area is located outside the territorial limits of the political subdivision, the political subdivision owning or controlling the airport and the political subdivision within which the airport hazard area is located may create a joint airport zoning board. If an airport hazard area appertaining to an airport is located outside the territorial limits of the political subdivision which owns or controls the airport, the political subdivision owning or controlling the airport and the political subdivision within which the airport hazard area is located, by ordinance or resolution adopted, may create a Joint Airport Zoning Board. Regulations may require that a permit be obtained before a new structure is constructed, new use is established, or existing structure or use is substantially changed. Regulations may require a permit be obtained before any new structure or use may be constructed or established before any existing use or structure may be substantially changed, altered, or repaired. A permit is required before any new structure or use may be constructed or established and before any existing structure may be altered. If administrative agency or board of adjustment considers it reasonable, they may require in a permit or variance that the owner of a structure or object of natural growth, at its own expense, install, operate, and maintain any markers and lights necessary to indicate to flyers the presence of an airport hazard. In granting any variance or permit, the administrative agency may condition the permit or variance to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate, and maintain obstruction markers and lights. In granting any permit or variance, the administrative agency or board of adjustment may condition such permit to require the owner of the airport hazard to permit the political subdivision, at its own expense, to install, operate, and maintain markers and lights to indicate airport hazards. 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. Any structure or tree or use of land which obstructs the airspace required for flight or is otherwise hazardous to the landing or taking-off of aircraft. 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 is otherwise hazardous to landing or taking off. (5 V.S.A Section 202) An area of land or water on which an airport hazard could exist. Any area of land or water upon which an airport hazard might be established if not prevented. Any area of land or water upon which an airport hazard might be established. (5 V.S.A Section 202) Title 43, Part 1, Chapter 30, Subchapter C, Section 30.215, Airport Hazard Zoning and Compatible Land Use - Airport sponsor shall adopt and enforce airport hazard zoning regulations to restrict the use of land adjacent to or in the immediate vicinity of the airport. Until the airport sponsor has adopted an airport hazard ordinance/order approved by the Division, the final 10% of a project funded by the Division will be withheld pending the approved adoption. N/A N/A N/A N/A N/A Airport Compatibility Guidelines, Compatibility Planning, Compatible Land Use Zoning, Hazard Zoning for Airports in Texas (2003) - TxDOT developed guidelines as a reference source for elected officials, zoning board members, and city and county staff members responsible for assuring compatibility between an airport and the community it serves. Compatible Land Use Planning Guide (2000) - Purpose is to provide airport sponsors with a quick reference source for airport land use issues. N/A
A-20 Guidebook on Effective Land Use Compatibility Planning Strategies for General Aviation Airports Statute Title T er ri to ri al A u th o ri ty S co p e o f R es tr ic ti o n s Jo in t Z o n in g B o ar d s P er m it s M ar ki n g o r L ig h ti n g o f H az ar d s A ir p o rt H az ar d D ef in it io n A ir p o rt H az ar d A re a D ef in it io n Local Agency Obligation Under State S ta te A ir p o rt Z o n in g L aw s S ta te A ir p o rt Z o n in g a n d C o m p at ib ili ty G u id an ce State O th er R el at ed Z o n in g a n d C o m p at ib ili ty L aw s S ta te A ir p o rt C o m p at ib ili ty L aw s Virginia Washington West Virginia Mandated Mandated Enabling Title 15.2, Chapter 22, Article 7, Section 15.2-2294, Airport Safety Zoning Title 14, Chapter 14.12, Airport Zoning Chapter 08A, Article 7, Zoning Ordinance Every locality in whose jurisdiction a licensed airport or US government or military air facility is located or in whose jurisdiction approach slopes and other safety zones of a licensed airport shall provide for the regulation of the height of structures and natural growth to protect the safety of air navigation and public investment in air navigation facilities. (VA Code Section 15.2-2294) Every political subdivision having an airport hazard area within its territorial limits may adopt, administer, and enforce airport zoning regulations for such airport hazard area. A zoning ordinance may include designating an airport area and establishing land use regulations within a specific distance from the boundaries of the airport. VA Administrative Code 24VAC5-20-220, Model Airport Safety Zoning Ordinance: A county, city or town seeking to comply with the mandate of VA Code Section 15.2-2294 shall use the Model Airport Safety Zoning Ordinance as a guide and be in substantial conformity with it. Regulations may divide airport hazard area into zones, specify permitted land uses and regulate and restrict the height of structures and trees. N/A N/A Where an airport is owned or controlled by a political subdivision and any airport hazard area is located outside the territorial limits of said political subdivision, the political subdivision owning or controlling the airport and subdivision where the airport hazard area is located may create a joint airport zoning board. N/A It is unlawful for any person to erect any structure which penetrates into or through any licensed airport, U.S. government or military air facility approach zone or obstruction clearance zone, without securing a permit for its erection from the VA Aviation Board. (VA Code Section 5.1-25.1) Regulations may require a permit be obtained before any new structure or use may be constructed or established before any existing use or structure may be substantially changed, altered, or repaired. N/A N/A In granting any permit or variance, the administrative agency or board of adjustment may condition such permit or variances as to require the owner of structure or tree, at its own expense, to install, operate, and maintain markers and lights necessary to indicate to flyers presence of an airport hazard. N/A 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 is otherwise hazardous to landing or taking off. (VA Code Section 5.1-1) 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. 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 any airport or is otherwise hazardous to such landing or taking off. (WVC 29-2A-1) N/A Any area of land or water upon which an airport hazard might be established. N/A N/A RCW 36.70A.510: Adoption and amendment of comprehensive plan provisions and development regulations under this chapter affecting a GA airport are subject to RCW 36.70.547. RCW 36.70.547: Every county, city, and town where a GA airport is located shall through its comprehensive plan and development regulations, discourage the siting of incompatible uses adjacent to airport. Such plans and regulations may only be adopted or amended after formal consultation with: Airport owners and managers, private airport operators, general aviation pilots, ports, and Aviation Division of the DOT. All proposed and adopted plans and regulations shall be filed with Division. N/A VA Code Section 15.2-2295: Aircraft noise attenuation in structures within airport noise zones may be enforced by any locality with jurisdiction or adjacent jurisdiction over a licensed airport or US government or military air facility. Locality may adopt one or more noise overlay zones as an amendment to zoning map and establish different measures within each zone. VA Code Section 55-519.1: Owner of residential real property located in any locality where a military air installation is located shall disclose to the purchaser if the parcel is located in a noise zone or accident potential zone or both. N/A Model Airport Safety Zoning Ordinance (24VAC5-20-400 Appendix A) - Provides sample language for an airport safety zoning ordinance. Building Blocks for Airport Land Use Compatibility - VA Department of Aviation provides information on the components of an effective compatible airport land-use plan. Airports and Compatible Land Use, Vol. 1 (1999) - Provides an introduction to the Airport Land Use Compatibility Program sponsored by WSDOT. The purpose of the program is to assist local land use agencies in implementing the Washington State Growth Management Act which requires cities and counties to discourage incompatible land uses around airports. Airports and Compatible Land Use Guidebook (2011) - Is designed to help airports, communities, and jurisdictions work cooperatively and proactively toward preventing incompatible development around airports. N/A
Status of State Airport Zoning and Compatibility Laws A-21 Statute Title T er ri to ri al A u th o ri ty S co p e o f R es tr ic ti o n s Jo in t Z o n in g B o ar d s P er m it s M ar ki n g o r L ig h ti n g o f H az ar d s A ir p o rt H az ar d D ef in it io n A ir p o rt H az ar d A re a D ef in it io n Local Agency Obligation Under State S ta te A ir p o rt Z o n in g L aw s S ta te A ir p o rt Z o n in g a n d C o m p at ib ili ty G u id an ce State O th er R el at ed Z o n in g a n d C o m p at ib ili ty L aw s S ta te A ir p o rt C o m p at ib ili ty L aw s Wisconsin Wyoming Mandated Enabling Chapter 114, Aeronautics and Astronautics Title 10, Chapter 5, Article 3, Municipal and County Airports, Zoning Any county, city, village, or town that is the owner of an airport or spaceport site which has been approved for such purposes by the state and federal government may protect the aerial approaches by ordinance. Each municipality and county may regulate and restrict by ordinance the number of stories and size of buildings and height of other structures constructed upon land within 1/2 mile of airport boundaries owned or controlled by the town, city, or county. They may provide airspace zoning beyond 1/2 mile of the boundaries and within the county to assure aircraft reasonable safety for visual and instrument approach and departure. Ordinance may regulate, restrict and determine the use, location, height, number of stories and size of buildings and structures and objects of natural growth in the vicinity of the airport and may divide the territory to be protected into several areas and impose different regulations and restrictions with respect to each area. The right to zone shall not extend beyond six nautical miles along the approach path from the end of the instrument runway. Powers granted towns and cities shall apply to all municipal airports whether situated within or without the incorporated limits of a city or town. When an airport or spaceport site is owned jointly by 2 or more units of government, ordinance may be adopted by joint action of the governing bodies. In such case government bodies shall select a joint commission. N/A Permit from the Secretary of Transportation is required for erection of structure, tower, building, or any other object the height of which exceeds certain limitations: more than 500 feet above ground level and within 1 mile of airport, or above a height determined by the ratio of 1 foot vertical to 40 feet horizontal. Permits not required for objects less than 150 feet in height. N/A N/A All structures located outside exterior boundaries of any incorporated city, town, or subdivision whose appearance is not otherwise mandated by state or federal law shall be lighted, marked, painted, flagged, or otherwise recognizable in clear air during daylight hours from a distance not less than 2000 feet if structure is 50 feet above ground or higher, a structure associated with development or study of wind power generation, or was erected, raised after being lowered, purchased, or leased on or after effective date of the act. (Section 10- 4-305) Any structure, object or natural growth, or land use which obstructs the airspace required for flight of aircraft in landing or taking off or is otherwise hazardous to such landing or taking off. N/A "Airport Affected Area (AAA)" means the area located within 3 miles of the boundaries of an airport or area as established by an agreement between any county, city or village and an airport. (Section 62.23(6)) N/A WI Stats Sections 59.69 (Counties), 60.61 (Towns), and 62.23 (Cities): A County or City shall and a Town may include in its comprehensive plan the location of any part of an airport or AAA. N/A WI Admin. Code, Chapter Trans 55.06 - Conditions of State Aid for Airport Improvement: Requires a height limitation zoning ordinance in accordance to statute 114.136 (Aeronautics and Astronautics) as a condition of receiving state aid. N/A Wisconsin Airport Land Use Guidebook (2011) - Designed to help communities and airports to work cooperatively to plan for and establish compatible land use around airports. Wyoming Priority Rating Model for Project Evaluation (2018) - Designed as a tool to assist in the evaluation of all airport projects proposed for State or Federal Funding. This model assigns points to airport owners with an adopted airport zoning ordinance. The FAA's model zoning ordinance is provided as an example to airport owners.
A-22 Guidebook on Effective Land Use Compatibility Planning Strategies for General Aviation Airports Exhibit A4: List of State Aviation Statutes, Regulations and Guidance The laws and regulations were compiled and interpreted by Mead Hunt, Inc. and submitted to each state for verification. State State Aviation Authority State Aviation Statutes, Regulations and Guidance Link Alabama Department of Transportation, Aeronautics Bureau Code of Alabama, Title 4 - Aviation http://alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/Coatoc .htm Airport Zoning Act, Alaska Stat. 02.25.010 to Alaska Stat. 02.25.120 http://touchngo.com/lglcntr/akstats/Statutes/Title02/Chapter25.htm Alaska Aeronautics Act of 1949, Alaska Stat. 02.15.010 to Alaska Stat. 02.15.270 http://touchngo.com/lglcntr/akstats/Statutes/Title02/Chapter15.htm Alaska Form of Disclosure Statement AS 34.70.050 http://www.touchngo.com/lglcntr/akstats/Statutes/Title34/Chapter70/Secti on050.htm Arizona Department of Transportation, Aeronautics Group and Airport Development Title 28, Transportation, Chapter 25, Aviation [In particular, Airports in General, Ariz. Rev. Stat. Ann. 28-8411 to 28-8428; Airport Zoning and Regulation, Ariz. Rev. Stat. Ann. 28-8461 to 28-8486] https://www.lawserver.com/law/state/arizona/az- laws/arizona_laws_title_28_chapter_25 Arkansas Department of Aeronautics Airport Facilities Generally - Ark. Code Ann. 14-356-101 to Ark. Code Ann. 14- 364-102; Ark. Code Ann. 27-114-101 to 27-117-105 (2010) http://law.justia.com/codes/arkansas/2016/ California Airport Land Use Planning Handbook (October 2011) http://dot.ca.gov/hq/planning/aeronaut/documents/alucp/AirportLandUseP lanningHandbook.pdf California Education Code 17215 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCo de=EDC§ionNum=17215. California Government Code 50485, Airport Approaches Zoning Law https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode =GOV&division=1.&title=5.&part=1.&chapter=2.&article=6.5. California Government Code 65302.3, Authority for and Scope of General Plans https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectio nNum=65302.3.&lawCode=GOV California Public Resources Code 21096 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectio nNum=21096.&lawCode=PRC California Real Estate Disclosure Law (Civil Code 4255, 1102.6a, 1103.4, and Business and Professions Code 11010) http://leginfo.legislature.ca.gov/ State Aeronautics Act, California Public Utility Code Section 21001 et seq. http://dot.ca.gov/hq/planning/aeronaut/documents/regulations/cpuc_2100 1.pdf Public Airport Authority Act, Colo. Re. Stat 41-3-01 to 41-3-108; Title 41, Article 4, Airports (County Airports, Colo. Rev. Stat. 41-4-101 to 41-4-113; Airports - Cities and Towns, Colo. Rev. Stat. 41-4-201 to 41-4-205 https://leg.colorado.gov/sites/default/files/images/olls/crs2016-title-41.pdf Colorado Revised Statutes, C.R.S. 1041 Regulations Title 24-65.1-203 https://www.colorado.gov/pacific/dola/1041-regulations Colardo Revised Statutes, C.R.S. 43-10 Colorado Legal Resources | Statutes Document Page Colorado Revised Statutes, C.R.S. Aviation Safety and Accessibility, Aeronautics Division Title 41-10-101 to 41-10-117 https://leg.colorado.gov/sites/default/files/images/olls/crs2016-title-41.pdf Connecticut Connecticut Airport Authority (formerly Bureau of Aviation and Ports) Conn. Gen. Stat. Ann. 15-34 to 15-101a - Aeronautics https://www.cga.ct.gov/current/pub/title_15.htm Airports of Political Subdivisions 901 to 948 http://delcode.delaware.gov/title2/c009/index.shtml Obstructions in Airport Approach Areas, Del. Code. Ann. 601-603 http://delcode.delaware.gov/title2/c006/index.shtml State Airports, Del. Code Ann. 701 to 708 http://delcode.delaware.gov/title2/c007/index.shtml Uniform State Aeronautics Law, Del. Code Ann. 301-311 http://delcode.delaware.gov/title2/c003/index.shtml Fla. Admin Code (FAC), Chapter 14-60, Airport Licensing, Registration, & Airspace Protection https://www.flrules.org/gateway/ChapterHome.asp?Chapter=14-60 Florida Statues, Chapter 333, Airport Zoning http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute &URL=0300-0399/0333/0333.html Community Planning Act 163.3167 https://www.lawserver.com/law/state/florida/statutes/florida_statutes_163- 3164 Georgia Department of Transportation, Aviation Programs Ga. Code Ann. 6-2-5, Lawful flight over lands and waters of states; Powers of Local Governments as to Air Facilities, Ga. Code Ann. 6-3-20 to 6-3-28; Georgia Airport Development Authority, Ga. Code Ann. 6-4-1 to 6-4-16 http://law.justia.com/codes/georgia/2010/title-6/ Chapter 19-12, Administrative Rules for Airports DivisionâAirport Zoning http://hidot.hawaii.gov/airports/files/2013/01/12-AirportZoning.pdf Haw. Rev. Stat. 262, 262- 11âAcquisition of air rights www.capitol.hawaii.gov/hrs2008/Vol05_Ch0261- 0319/HRS0262/HRS_0262- 0011.htm Haw. Rev. Stat. 262, Airport Zoning Act: 262-3 Power to adopt airport zoning regulations http://www.capitol.hawaii.gov/hrs2008/Vol05_Ch0261- 0319/HRS0262/HRS_0262-0003.htm Haw. Rev. Stat. 262, Airport Zoning Act: 262-6âAirport zoning regulations http://www.capitol.hawaii.gov/hrs2008/Vol05_Ch0261- 0319/HRS0262/HRS_0262-0006.htm The Airport Zoning Act, Idaho Code, 21-501 et seq. http://law.justia.com/codes/idaho/2016/title-21/chapter-5/ Sovereignty in Space, Idaho Code, 21-202 https://law.justia.com/codes/idaho/2016/title-21/chapter-2/ Airport Zoning 329.1 to 329.15 Iowa Code Ann.; Airports 330.1 to 330.24, Iowa Code Ann. https://www.legis.iowa.gov/law/iowaCode/chapters?title=VIII&year=2017 Iowa Airport Land Use guidebook https://iowadot.gov/aviation/airports/iowaairportlanduseguidebook2008 620 Ill. Comp. Stat. 25/Airport Zoning Act www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1807&ChapterID=48 620 Ill. Comp. Stat. 30/Zoning to Eliminate Airport Hazards Act http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1808&ChapterID=48 Administrative Code, Title 92: Transportation, Chapter 1: Department of Transportation, Subchapter b: Aeronautics, Part 16 Airport Hazard Zoning http://www.ilga.gov/commission/jcar/admincode/092/09200016sections.ht ml Airports, Ind. Code 8-22-1-1 to 8-22-5-4 https://www.lawserver.com/law/state/indiana/in- code/indiana_code_title_8_article_22 Regulation of Tall Structure, Ind. Code 8-21-10 https://www.lawserver.com/law/state/indiana/in- code/indiana_code_title_8_article_21 Kansas Department of Transportation, Aviation Kan. Stat., Article 3, Aircraft and Airfields: Zoning Regulations, 3-701 et. seq; Article 8, Cooperation with Adjoining States, 3-801 et seq. http://www.ksrevisor.org/statutes/ksa_ch3.html Applicable Airport Zoning Laws https://transportation.ky.gov/Aviation/Pages/airportzoning.aspx Kentucky Revised Statues Chapter 183.861 to 183.873 Aviation http://www.lrc.ky.gov/statutes/chapter.aspx?id=38012 La. Rev. Stat., Title 2, Chapter 3, Airport zoning https://www.lawserver.com/law/state/louisiana/lalaws/louisiana_revised_st atutes_title_2_chapter_3 La. Rev. Stat., Title 2, Chapter 7, Section 802 - Methodology for airport project evaluation http://law.justia.com/codes/louisiana/2016/code-revisedstatutes/title-2/rs-2- 802/ Maine Department of Transportation, Airports and Aviation Me. Rev. Stat., Title 6, Aeronautics www.mainelegislature.org/legis/statutes/6/title6ch0sec0.html Alaska Department of Transportation and Public Facilities, Aviation and Airports California Department of Transportation, Division of Aeronautics Colorado Department of Transportation, Division of Aeronautics Delaware Department of Transportation, Division of Planning, Office of Aeronautics Florida Department of Transportation, Aviation and Spaceports Office Hawaii Department of Transportation, Airports Division Idaho Department of Transportation, Division of Aeronautics Iowa Department of Transportation, Office of Aviation Illinois Department of Transportation, Division of Aeronautics Indiana Department of Transportation, Aviation Kentucky Department of Aviation Louisiana Department of Transportation and Development, Aviation
Status of State Airport Zoning and Compatibility Laws A-23 State State Aviation Authority State Aviation Statutes, Regulations and Guidance Link Airport Zoning Act, Md. Code Ann. 5-501 et seq. http://law.justia.com/codes/maryland/2010/transportation/title-5 Maryland Code Transportation, Title 5, Aviation, Subitlte 6, Airport Zoning by Political Subdivisions https://law.justia.com/codes/maryland/2016/transportation/title-5/subtitle-6/ Title 11, Department of Transportation, Subtitle 03, Maryland Aviation Administration, Chapter 05, Obstructions to Air Navigation http://mdrules.elaws.us/comar/11.03.05 Title 11, Department of Transportation, Subtitle 03, Maryland Aviation Administration, Chapter 06, Airport Zoning Regulations http://mdrules.elaws.us/comar/11.03.06 Massachusetts Department of Transportation, Aeronautics Division Mass. Gen. Law Ch. 90 35-44; 51D-51N www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90 Aeronautics Code of the State of Michigan http://legislature.mi.gov/doc.aspx?mcl-Act-327-of-1945 Airport Zoning Act www.legislature.mi.gov/documents/mcl/pdf/mcl-act-23-of-1950-ex-sess-.pdf General Rules of the Michigan Aeronautics Commission http://w3.lara.state.mi.us/orr/Files/AdminCode/126_10121_AdminCode.pdf Tall Structure Act www.legislature.mi.gov/documents/mcl/pdf/mcl-act-259-of-1959.pdf Zoning Enabling Act http://www.legislature.mi.gov/(x3eqqx2ix0ez34nsk1zysl45)/documents/mcl/pdf/mcl-Act-110-of-2006.pdf Seller Disclosure Act http://www.legislature.mi.gov/(S(aoxffhsiv00obg0ayddn5utu))/documents/mcl/pdf/mcl-Act-92-of-1993.pdf Zoning for Public Use Airports in the State of Michigan https://www.michigan.gov/documents/aero/Zoning_Overview-Approach_Plans_and_AirportZoningAct_203533_7.pdf Minn. Admin. R., Chapter 8800, Aeronautics www.revisor.mn.gov/rules/?id=8800 Minn. Admin. Rules, Airport Zoning Standards https://www.revisor.mn.gov/rules/8800.2400/ 2018 Minnesota Statutes, Chapter 360, Airport Zoning https://www.revisor.mn.gov/statutes/cite/360 MNDOT Airport Land Use Compatibility Manual http://www.dot.state.mn.us/aero/planning/landuse-compatibility-manual.html Airport Authorities Law, Miss. Code. Ann. 61-3-1 to 61-3-85 http://law.justia.com/codes/mississippi/2013/title-61/chapter-3 Chapter 9, Incorporation of Airport into Corporate Boundaries of Municipality, Miss. Code. Ann. 61-9-1 to 61-9-9 http://law.justia.com/codes/mississippi/2014/title-61/chapter-9/ Municipal Airport Law, Miss. Code. Ann. 61-5-1 to 61-5-49 http://law.justia.com/codes/mississippi/2016/title-61/chapter-5/municipal-airport-law Aircraft and Airports, Mo. Rev. Stats. 305.010- 305.630 http://law.justia.com/codes/missouri/2016/title-xix/chapter-305/ Aircraft and Airports, Mo. Rev. Stats. 305.575 http://law.justia.com/codes/missouri/2016/title-xix/chapter-305/section-305.575/ Political Subdivisions, Miscellaneous Powers, Mo.Rev.Stats. 67.1200-67.1224 http://www.moga.mo.gov/mostatutes/chapters/chapText067.html Airport Authorities Act, 67-11-101 to 67-11-106, 67-11-201 to 67-11-241, 67-11- 401 https://www.lawserver.com/law/state/montana/mt- code/montana_code_title_67_chapter_11 Airport Compatibility Act, Mont. Code Ann. 67-7-101 to 67-7-305 http://ravalli.us/DocumentCenter/Home/View/348 Municipal Airports Act, Mont. Code Ann. 67-10-101 to 67- Achieving Airport-Compatible Land Uses and Minimizing Hazardous Obstructions in Navigable Airspace 64- 10-104, 67-10-201 to 67-10-231, 67-10- 301 to 67-10-303 https://www.lawserver.com/law/state/montana/mt- code/montana_code_title_67_chapter_10 Extraterritorial Airports Act, Neb. Rev. Stat. 3-240 to 3-244; Airport Zoning Act, Neb. Rev. Stat. 3-301 to 3-333; [Obstructions], Neb. Rev. Stat. 3-401 to 3-409; Cities Airport Authorities Act, Neb. Rev. Stat. 3-501 to 3-514; [County Airport Authorities], Neb. Rev. Stat. 3-610 to 3-621; Joint Airport Authorities Act, Neb. Rev. Stat. 3-701 to 3-716; Nebraska State Airline Authority Act, Neb. Rev. Stat. 3- 801 to 3-806, http://nebraskalegislature.gov/laws/browse-chapters.php?chapter=03 Neb. Rev. Stat. 3-239, Airport authorities or municipalities; project applications under federal act; approval by department; required; department, act as agent; direct receipt of federal funds. http://nebraskalegislature.gov/laws/statutes.php?statute=3-239 Neb. Rev. Stat. 3-144, Department; right of eminent domain; procedure http://nebraskalegislature.gov/laws/statutes.php?statute=3-144 Revised Airports Act, Neb. Rev. Stat. 3-201 to 3-238, 18-1502; http://nebraskalegislature.gov/laws/statutes.php?statute=3-238 Airport Zoning Act, Nev. Rev. Stat. 497.010 to 497.270 https://www.leg.state.nv.us/nrs/NRS-497.html City and County Airports; Acquisition of Property, Nev. Rev. Stat. 495.010 to 495.210 https://www.leg.state.nv.us/nrs/NRS-495.html Municipal Airports Act, Nev. Rev. Stat. 496.010 to 496.290 www.leg.state.nv.us/nrs/NRS-496.html State Airports Act, Nev. Rev. Stat. 494.010 to 494.160 www.leg.state.nv.us/nrs/NRS-494.html#NRS494Sec010 Uniform State Law for Aeronautics, Nev. Rev. Stat. 493.010 to 493.120 www.leg.state.nv.us/nrs/NRS-493.html#NRS493Sec010 N.H. Rev. Stat. Chapter 422-B: Control of Tall Structures www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XXXIX-422-B.htm N.H. Rev. Stat. Chapter 423: Municipal Airports www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XXXIX-423.htm N.H. Rev. Stat. Chapter 424: Airport Zoning http://law.justia.com/codes/new-hampshire/2015/title-xxxix/chapter-424/ New Hampshire Aeronautics Act, N.H. Rev. Stat. Chapter 422 www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XXXIX-422.htm N.J. Admin. Code, Chapter 62, Air Safety and Zoning http://www.state.nj.us/transportation/about/rules/documents/16-62-Current.pdf N.J. Stat. Title 6, Aviation [includes Air Safety and Zoning Act of 1983] http://law.justia.com/codes/new-jersey/2013/title-6 Municipal Airports, N.M. Stat. Ann. 3-39-1 to 3-39-27 http://law.justia.com/codes/new-mexico/2016/chapter-3/article-39/ Airports, N.M. Stat. Ann. 64-2-1 to 64-2-2 http://law.justia.com/codes/new-mexico/2016/chapter-64/ New York Department of Transportation, Aviation Bureau NYS General Municipal Law, Article 14, Airports and Landing Fields http://law.justia.com/codes/new-york/2016/gmu/article-14/ Maryland Maryland Aviation Administration, Office of Regional Aviation Assistance Michigan Department of Transportation, Aeronautics Minnesota Department of Transportation, Aeronautics and Aviation Mississippi Department of Transportation, Division of Aeronautics Missouri Department of Transportation, Multimodal: Aviation Montana Department of Transportation, Aviation Nebraska Department of Aeronautics Nevada Department of Transportation, Aviation Planning Section New Hampshire Department of Transportation, Bureau of Aeronautics New Jersey Department of Transportation, Division of Aeronautics New Mexico Department of Transportation, Aviation Division
A-24 Guidebook on Effective Land Use Compatibility Planning Strategies for General Aviation Airports State State Aviation Authority State Aviation Statutes, Regulations and Guidance Link North Carolina Department of Transportation, Division of Aeronautics Municipal Airports, N.C. Gen. Stat. 63-1 to 63-9; State Regulation [Sovereignty in space; Ownership of space; Lawfulness of flight], N.C. Gen. Stat. 63-11 to 63- 13; Model Airport Zoning Act, N.C. GEN. STAT. 63-29 to 63-37.1; Public Airports and Related Facilities, N.C. GEN. STAT. 63-48 to 63-58; State and Federal Aid; Authority of Department of Transportation, N.C. GEN. STAT. 63-65 to 63-73; North Carolina Special Airport Districts Act, N.C. GEN. STAT. 63-78 to 63-89 http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter= 0063 Airport Authorities Act, N.D. Cent. Code 2-06-01 to 2-06-23 http://www.legis.nd.gov/cencode/t02c06.pdf Airport Zoning, N.D. Cent. Code 2-04-01 to 2-04-14 www.legis.nd.gov/cencode/t02c04.pdf Airports and Landing Fields, N.D. Cent. Code 2-02-01 to 2-02-09 www.legis.nd.gov/cencode/t02c02.pdf Substantive and Jurisdictional Provisions, N.D. Cent. Code Chapter 2- 03 [ 2-03-02, Sovereignty in space; 2-03-03, Ownership of space; 2-03-04, Lawfulness of flight and landing; 2-03-11, Notice; 2-03-12, Obstructions near runway approaches] www.legis.nd.gov/cencode/t02c03.pdf Chapter 4561, Aeronautics, Ohio Rev. Code, 4561.01 et seq. http://codes.ohio.gov/orc/4561 Chapter 5501:1-10, Ohio Airport Protection Act, Ohio Admin. Code, 5501:1-10- 01 et seq. http://codes.ohio.gov/oac/5501:1-10 Ohio Revised Code (ORC) Chapter 4563 http://codes.ohio.gov/orc/4563 Okla. Stat., Title 3, Aircraft and Airports www.lsb.state.ok.us/osstatuestitle.html Aircraft Pilot and Passenger Protection Act [adding new 120 to Title 3] https://www.ok.gov/OAC/documents/2012.3.29%20Rules%20APPPA.pdf Or. Admin. R. Chapter 660, Division 13âAirport Planning Rule http://arcweb.sos.state.or.us/pages/rules/oars_600/oar_660/660_013.html Or. Admin. R. Chapter 660, Division 13âExhibits https://www.oregon.gov/aviation/docs/rules/660-013_exhibits.pdf Or. Rev. Stat. 836âAirports and Landing Fields https://www.oregonlegislature.gov/bills_laws/ors/ors836.html ORDOT Airport Land Use Compatibility Guidebook http://www.oregon.gov/aviation/pages/landuseguidebook.aspx Act 164, Chapter 59, Airport Operation and Zoning http://law.justia.com/codes/pennsylvania/2016/title-74/chapter-59 PennDOT Airport Land Use Compatibility Guidelines http://www.penndot.gov/Doing- Business/Aviation/Planning%20and%20Zoning/Pages/Airport-Zoning-and- Compatible-Land-Use.aspx The Aviation Code, 74 Pa. Cons. Stat. 5101 et seq. http://law.justia.com/codes/pennsylvania/2016/title-74/ Airport Zoning, R.I. Gen. Laws 1-3-1 to 1-3-33 www.rilin.state.ri.us/Statutes/TITLE1/1-3/INDEX.HTM Airports and Landing Fields, R.I. Gen. Laws 1-2-1 to 1-2-21 www.rilin.state.ri.us/Statutes/TITLE1/1-2/INDEX.HTM Rhode Island Airport Land Use Compatibility Guidebook http://www.pvdairport.com/documents/planning%20docs/_ri%20airport%20land%20use%20compatibility%20study_april%202013_complete.pdf South Carolina Aeronautics Commission South Carolina Code of Laws, Title 55âAeronautics http://www.scstatehouse.gov/code/title55.php Chapter 50-10, Airport Zoning, South Dakota Codified Laws http://sdlegislature.gov/statutes/DisplayStatute.aspx?Statute=50-10&Type=Statute Chapter 50-9, Air Navigation Hazards, South Dakota Codified Laws http://sdlegislature.gov/statutes/DisplayStatute.aspx?Statute=50-9&Type=Statute Chapter 70:02:03, Structures Affecting Aviation, South Dakota Admin. R. http://legis.state.sd.us/rules/DisplayRule.aspx?Rule=70:02:03 Tennessee Department of Transportation, Aeronautics Division Tennessee Code Title 42 - Aeronautics http://law.justia.com/codes/tennessee/2016/title-42/ Airport Hazard Zoning and Compatible Land Use, 43 Tex. Admin. Code 30.215 http://txrules.elaws.us/rule/title43_chapter30_sec.30.215 Airport Zoning Act (AZA), Chapter 241 of the Texas Local Government Code www.statutes.legis.state.tx.us/Docs/LG/htm/LG.241.htm Texas DOT Airport Compatibility Guidelines ftp://ftp.dot.state.tx.us/pub/txdot-info/avn/avninfo/Airport_Compatibility_Guidelines.pdf Aeronautics Act, 72 Utah Code, Chapter 10 https://le.utah.gov/xcode/Title72/Chapter10/72-10.html?v=C72-10_1800010118000101 Compatible Land Use Planning Guide for Utah Airports https://www.udot.utah.gov/main/uconowner.gf?n=200411180926131 24 Vt. Stat. Ann. 4411, Zoning bylaws http://legislature.vermont.gov/statutes/section/24/117/04411 24 Vt. Stat. Ann. 4414(1)(C) [Zoning; permissible types of regulations], Airport hazard area http://legislature.vermont.gov/statutes/section/24/117/04414 5 Vt. Stat. Ann. Chapter 17, Airport Zoning http://legislature.vermont.gov/statutes/chapter/05/017 24VAC5-20-400. Appendix a: Airport Safety Zoning Ordinance. http://law.lis.virginia.gov/admincode/title24/agency5/chapter20/section400/ Airport safety zoning, Code of Virginia, 15.2-2294 http://law.justia.com/codes/virginia/2016/title-15.2/chapter-22/section-15.2-2294/ Aviation, Code of Virginia, Title 5.1 http://law.justia.com/codes/virginia/2016/title-5.1/ Regulations Governing the Licensing and Operation of Airports and Aircraft and Obstructions to Airspace in the Commonwealth of Virginia, Va. Admin. Code, Title 24, Agency 5, Chapter 20 http://law.lis.virginia.gov/admincode/title24/agency5/chapter20/ Chapter 14.12 Wash. Rev. Code Airport zoning http://apps.leg.wa.gov/rcw/default.aspx?cite=14.12 Chapter 47.68 Wash. Rev. Code. Aeronautics http://apps.leg.wa.gov/rcw/default.aspx?cite=47.68 Title 14 Wash. Rev. Code, Aeronautics http://apps.leg.wa.gov/rcw/default.aspx?Cite=14 Wash. Rev. Code 36.70.547, General aviation airportsâSiting of incompatible uses http://apps.leg.wa.gov/rcw/default.aspx?cite=36.70.547 WSDOT Airport and Compatible Land-Use Program Guidebook https://www.wsdot.wa.gov/aviation/Planning/ACLUguide.htm North Dakota Aeronautics Commission Ohio Department of Transportation, Office of Aviation Oklahoma Aeronautics Commission Oregon Department of Aviation Pennsylvania Department of Transportation, Bureau of Aviation Rhode Island RI Airport Corporation South Dakota Department of Transportation, Office of Aeronautics Texas Department of Transportation, Aviation Division Utah Department of Transportation, Division of Aeronautics Vermont Department of Transportation, Aviation Program Virginia Department of Aviation Washington Department of Transportation, Aviation
Status of State Airport Zoning and Compatibility Laws A-25 State State Aviation Authority State Aviation Statutes, Regulations and Guidance Link County Airport Authorities, W. Va. Code 8-29A-1 to 8-29A-11 www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=08&art=29A Intergovernmental RelationsâAirports and Avigation, W. VA. Code 8-28-1 to 8- 28-9 www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=08&art=28 Intergovernmental RelationsâRegional Airports, W. Va. Code 8-29-1 to 8-29-20 http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=08&art=29 Land Use Planning, W. Va. Code Ann. 8A-7-2 http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=08a&art =7 Aeronautics and Astronautics, Wis. Stat. Chapter 114 http://legis.wisconsin.gov/statutes/Stat0114.pdf Wis. Admin. Code, Chapter Trans 55, Conditions of State Aid for Airport Improvement https://docs.legis.wisconsin.gov/code/admin_code/trans/55 Wisconsin DOT Airport Land Use Guidebook http://wisconsindot.gov/Documents/doing- bus/aeronautics/resources/arptlusguibk.pdf Wyoming Department of Transportation, Aeronautics Division Wyoming Code, Title 10 - Aeronautics http://law.justia.com/codes/wyoming/2016/title-10/ Wisconsin Department of Transportation West Virginia Department of Transportation, Aeronautics Commission
