Airport Zoning Regulations for Airport Hazard Area — Adoption — Enforcement
Checkout our iOS App for a better way to browser and research.
In order to prevent the creation or establishment of airport hazards, every municipality or county having an airport hazard area within its territorial limits shall adopt, administer and enforce, under the police power and in the manner and upon the conditions prescribed in this chapter, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and, within such zones, specify the land uses permitted and prohibited and regulated and restrict the height to which structures and trees may be erected or allowed to grow; provided, that these regulations are solely for the purposes of preventing airport hazards.
Where an airport or an airport hazard area related to such airport, owned or controlled by a municipality, or established in cooperation with the appropriate federal agency, is located either partially or wholly outside the corporate limits of the municipality, 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. The county or counties shall adopt regulations providing for enforcement by the municipality of the provisions of the ordinance.
If, in the judgment of the municipality, the county or counties fail to adopt or enforce reasonably adequate airport zoning regulations for such area, or if the county or counties refuse to participate in some method of jointly adopting and administering airport zoning regulations, the municipality owning or controlling the airport, with the approval of the agency of the state government charged with fostering civil aeronautics, shall itself adopt, administer, and enforce airport zoning regulations for the airport hazard area in question.
In the event of conflict between such regulations and any zoning regulations adopted by the county or counties within which the airport hazard area is located, the regulations of the municipality owning or controlling the airport shall govern and prevail.
This section applies to airports established in cooperation with the appropriate federal agency.
The requirements of adoption of a plan shall be permissive in any county having a metropolitan form of government and having a population of greater than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census.