2005 Legislation
Print Friendly

HOUSE BILL NO. 40 – Airports, aviation hazards, defined

HOUSE BILL NO. 40

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



H0040.........................................by TRANSPORTATION AND DEFENSE
AIRPORTS - AVIATION HAZARDS - Amends existing law to redefine aeronautics
terminology by expanding the definition of "airport" and by changing
"airport hazards" to "aviation hazards"; and to change the terminology of
"obstructions" to "hazards."
                                                                        
01/25    House intro - 1st rdg - to printing
01/26    Rpt prt - to Transp
02/09    Rpt out - rec d/p - to 2nd rdg
02/10    2nd rdg - to 3rd rdg
02/14    3rd rdg - PASSED - 68-1-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Harwood, Henbest, Henderson, Jaquet,
      Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood, Mr. Speaker
      NAYS -- Hart
      Absent and excused -- Collins
    Floor Sponsor - Skippen
    Title apvd - to Senate
02/15    Senate intro - 1st rdg - to Transp
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 29-0-5, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
      Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee,
      McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet
      NAYS -- None
      Absent and excused -- Burtenshaw, Coiner, Malepeai, Werk, Williams,
      (District 21 seat vacant)
    Floor Sponsor - Brandt
    Title apvd - to House
03/22    To enrol
03/23    Rpt enrol - Sp signed
03/24    Pres signed - To Governor
03/28    Governor signed
         Session Law Chapter 174
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 40
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO AERONAUTICS AND DEFINITIONS; AMENDING SECTION 21-101, IDAHO  CODE,
  3        TO EXPAND THE DEFINITION OF "AIRPORT," TO REDEFINE "AIRPORT HAZARD" AND TO
  4        MAKE  TECHNICAL  CHANGES;  AMENDING  SECTION 21-106, IDAHO CODE, TO CHANGE
  5        TERMINOLOGY OF AIRPORT HAZARDS TO AVIATION HAZARDS AND OBSTRUCTION TO HAZ-
  6        ARD AND TO MAKE TECHNICAL CHANGES; AMENDING SECTION 21-501, IDAHO CODE, TO
  7        REDEFINE "AIRPORT" AND "AIRPORT HAZARD," TO CHANGE TERMINOLOGY OF  AIRPORT
  8        HAZARD  AREA TO AVIATION HAZARD AREA AND TO MAKE TECHNICAL CHANGES; AMEND-
  9        ING SECTION 21-502, IDAHO CODE, TO CHANGE TERMINOLOGY OF  AIRPORT  HAZARDS
 10        TO AVIATION HAZARDS; AMENDING SECTION 21-503, IDAHO CODE, TO CHANGE TERMI-
 11        NOLOGY  OF  AIRPORT  HAZARDS  TO  AVIATION  HAZARDS  AND TO MAKE TECHNICAL
 12        CHANGES; AMENDING SECTION 21-504, IDAHO CODE,  TO  CHANGE  TERMINOLOGY  OF
 13        AIRPORT HAZARDS TO AVIATION HAZARDS; AMENDING SECTIONS 21-505, 21-505A AND
 14        21-506,  IDAHO  CODE, TO CHANGE TERMINOLOGY OF AIRPORT HAZARDS TO AVIATION
 15        HAZARDS AND TO MAKE TECHNICAL  CHANGES;  AMENDING  SECTION  21-515,  IDAHO
 16        CODE,  TO  CHANGE  TERMINOLOGY  OF OBSTRUCTIONS TO HAZARDS AND TO REDEFINE
 17        "STRUCTURE"; AMENDING SECTION 21-516, IDAHO CODE, TO CHANGE TERMINOLOGY OF
 18        OBSTRUCTIONS TO HAZARDS; AMENDING SECTION 21-517, IDAHO  CODE,  TO  CHANGE
 19        TERMINOLOGY  OF OBSTRUCTIONS TO HAZARDS AND TO MAKE TECHNICAL CHANGES; AND
 20        AMENDING SECTION 21-701, IDAHO CODE, TO DEFINE "AIRPORT,"  TO  DELETE  THE
 21        DEFINITION OF "LANDING AREA" AND TO MAKE TECHNICAL CHANGES.
                                                                        
 22    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 23        SECTION  1.  That  Section  21-101, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        21-101.  DEFINITIONS. As used in this  act  chapter,  unless  the  context
 26    otherwise requires:
 27        (a)  "Aeronautics"  means  the science and art of flight and including but
 28    not limited  to  transportation  by  aircraft;  the  operation,  construction,
 29    repair,  or  maintenance  of  aircraft, aircraft power plants and accessories,
 30    including the repair, packing, and  maintenance  of  parachutes;  the  design,
 31    establishment,  construction,  extension,  operation,  improvement, repair, or
 32    maintenance of airports or other air navigation facilities; and instruction in
 33    flying or ground subjects pertaining thereto.
 34        (b)  "Aircraft" means any contrivance now known,  or  hereafter  invented,
 35    used or designed for navigation of or flight in the air.
 36        (c)  "Airport"  means any area of land or water which is used, or intended
 37    for use, for the landing and take-off of aircraft, and any  appurtenant  areas
 38    which  are  used,  or intended for use, for airport buildings or other airport
 39    facilities or rights-of-way, together with all airport buildings  and  facili-
 40    ties located thereon. The term "airport" shall include such other common terms
 41    as  aviation field, airfield, intermediate landing field, landing field, land-
 42    ing area, airstrip and landing strip. For the purposes of  this  chapter,  the
 43    term  "airport"  refers  to a publicly owned and managed facility that is open
                                                                        
                                           2
                                                                        
  1    for public use without operational restrictions on its use.
  2        (d)  "Department" means the Idaho transportation department.
  3        (e)  "Director" means the director of the Idaho transportation department.
  4        (f)  "State" or "this state" means the state of Idaho.
  5        (g)  "Air navigation facility" means any facility, --other than one  owned
  6    or operated by the United States, --used in, available for use in, or designed
  7    for  use  in,  aid  of  air  navigation, including any structures, mechanisms,
  8    lights, beacons, markers, communicating systems, or  other  instrumentalities,
  9    or  devices  used  or useful as an aid, or constituting an advantage or conve-
 10    nience, to the safe taking-off takeoff, navigation, and landing  of  aircraft,
 11    or the safe and efficient operation or maintenance of an airport, and any com-
 12    bination of any or all of such facilities.
 13        (h)  "Operation of aircraft" or "operate aircraft" means the navigation or
 14    piloting  of  aircraft  in  the  airspace  over this state or upon any airport
 15    within this state.
 16        (i)  "Airman" means any individual who engages, as the person  in  command
 17    or  as  pilot,  mechanic, or member of the crew, in the navigation of aircraft
 18    while under way, and any individual who is directly in charge of  the  inspec-
 19    tion,  maintenance, overhauling, or repair of aircraft engines, propellers, or
 20    appliances, and  any  individual  who  serves  in  the  capacity  of  aircraft
 21    dispatcher,  or  air-traffic  control-tower operator; but does not include any
 22    individual employed outside the United States, or any individual employed by a
 23    manufacturer of aircraft, aircraft engines, propellers, or appliances, to per-
 24    form duties as inspector or mechanic in connection therewith, or any  individ-
 25    ual  performing  inspection  or  mechanical duties in connection with aircraft
 26    owned or operated by him.
 27        (j)  "Aeronautics instructor" means any individual who for hire or  reward
 28    engages  in  giving  instruction  or offering to give instruction in flying or
 29    ground subjects pertaining to aeronautics; but excludes any  instructor  in  a
 30    public  school,  university, or institution of higher learning duly accredited
 31    and approved for carrying on collegiate  work,  who  instructs  in  flying  or
 32    ground  subjects  pertaining  to  aeronautics,  only in the performance of his
 33    duties at such school, university or institution.
 34        (k)  "Air school" means: (1) any aeronautics  instructor  who  advertises,
 35    represents or holds out as giving or offering to give instruction in flying or
 36    ground  subjects pertaining to aeronautics; and (2) any person who advertises,
 37    represents or holds out as giving or offering to give instruction in flying or
 38    ground subjects pertaining to aeronautics  whether  for  or  without  hire  or
 39    reward;  but  excludes  any  public  school,  or university, or institution of
 40    higher learning duly accredited and approved for carrying on collegiate work.
 41        (l)  "Person" means any individual, firm, partnership,  corporation,  com-
 42    pany,  association, joint stock association, or body politic; and includes any
 43    trustee, receiver, assignee, or other similar representative thereof.
 44        (m)  "Municipality" means any county, city, district  or  other  political
 45    subdivision or public corporation, of this state. "Municipal" means pertaining
 46    to a municipality as herein defined.
 47        (n)  "AirportAviation  hazard" means any new or existing structure, object
 48    of natural growth, or use of land, or modification  thereto,  which  obstructs
 49    the  airspace  required for the flight of aircraft in landing or taking off at
 50    an airport or is otherwise hazardous to such landing or taking  off  endangers
 51    the  lives and property of users of an airport, or of occupants of land in its
 52    vicinity, and that reduces the size of the area available for landing,  taking
 53    off  and maneuvering of aircraft, or extends up into the airspace between air-
 54    ports to cause disastrous and needless loss of life and property.
 55        (o)  "State airway" means a route in the navigable airspace over and above
                                                                        
                                           3
                                                                        
  1    the lands or waters of this state, designated by the board as a route suitable
  2    for air navigation.
  3        (p)  "Board" means the Idaho transportation board.
  4        (q)  "Public transportation" means rail, mass transit, and any other  pub-
  5    lic transportation activities in which the state may become involved.
                                                                        
  6        SECTION  2.  That  Section  21-106, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        21-106.  STATE AIRPORTS. (a) Establishment,  Operation,  Maintenance.  The
  9    department  is  authorized  on  behalf of and in the name of the state, out of
 10    appropriations and other moneys made available for  such  purposes,  to  plan,
 11    establish,  construct,  enlarge,  improve, maintain, equip, operate, regulate,
 12    protect and police airports and air navigation facilities,  either  within  or
 13    without  the  state.  For such purposes the department may, by purchase, gift,
 14    devise, lease, condemnation or otherwise, acquire property, real or  personal,
 15    or  any  interest  therein  including easements in airport aviation hazards or
 16    land outside the boundaries of an airport or airport site, as are necessary to
 17    permit safe and efficient operation of the airports or to permit the  removal,
 18    elimination,  obstructionhazard-marking or obstructionhazard-lighting  of air-
 19    port aviation hazards, or to prevent the  establishment  of  airport  aviation
 20    hazards.  In  like manner the department may acquire existing airports and air
 21    navigation facilities, provided however it shall not acquire or take over  any
 22    airport  or  air  navigation facility owned or controlled by a municipality of
 23    this or any other state without the consent of such municipality. The  depart-
 24    ment  may by sale, lease, or otherwise, dispose of any such property, airport,
 25    air navigation facility, or portion thereof or interest therein. Such disposal
 26    by sale, lease, or otherwise, shall be in accordance with  the  laws  of  this
 27    state governing the disposition of other property of the state, except that in
 28    the  case  of  disposals to any municipality or state government or the United
 29    States for aeronautical purposes incident thereto, the sale, lease,  or  other
 30    disposal  may be effected in such manner and upon such terms as the department
 31    may deem in the best interest of the state.
 32        (b)  Airport Zoning. Nothing contained in this act chapter shall  be  con-
 33    strued  to  limit any right, power or authority of the state or a municipality
 34    to regulate airport aviation hazards by zoning.
 35        (c)  Joint Operations. The department may exercise any powers  granted  by
 36    this  section jointly with any municipalities or agencies of the state govern-
 37    ment, with other states or their municipalities, or with the United States.
 38        (d)  Condemnation. In the condemnation of property authorized by this sec-
 39    tion, the department shall proceed in the name of the state in the manner pro-
 40    vided by chapter 7, of title 7, Idaho Code. For the purpose of making  surveys
 41    and examinations, relative to any condemnation proceedings, it shall be lawful
 42    to enter upon any land, doing no unnecessary damage.
 43        (e)  Federal Aid. The department is authorized to accept, receive, receipt
 44    for,  disburse  and expend federal moneys, and other moneys public or private,
 45    made available to accomplish, in whole or in part, any of the purposes of this
 46    section. All federal moneys accepted under this section shall be accepted  and
 47    expended by the department upon such terms and conditions as are prescribed by
 48    the United States. In accepting federal moneys under this section, the depart-
 49    ment  shall  have  the same authority to enter into contracts on behalf of the
 50    state as is granted to the department under  section  21-105(c),  Idaho  Code,
 51    with  respect  to  federal  moneys  accepted  on behalf of municipalities. All
 52    moneys received by the department pursuant to this section shall be  deposited
 53    in  the state treasury, and, unless otherwise prescribed by the authority from
                                                                        
                                           4
                                                                        
  1    which such moneys were received, shall be kept in  separate  funds  designated
  2    according  to  the purposes for which the moneys were made available, and held
  3    by the state in trust for such purposes. All such moneys are hereby  appropri-
  4    ated for the purpose of which the same were made available, to be disbursed or
  5    expended in accordance with the terms and conditions upon which they were made
  6    available.
                                                                        
  7        SECTION  3.  That  Section  21-501, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        21-501.  DEFINITIONS. Definitions as used in this act chapter, unless  the
 10    context otherwise requires:
 11        (1)  "Airport"  means any area of land or water designed and set aside for
 12    the landing and taking off of aircraft and utilized in  the  interest  of  the
 13    public  for  such purposes which is used, or intended for use, for the landing
 14    and takeoff of aircraft, and any appurtenant areas which are used, or intended
 15    for use, for airport buildings or other airport facilities  or  rights-of-way,
 16    together  with  all airport buildings and facilities located thereon. The term
 17    "airport" shall include such other common terms as aviation  field,  airfield,
 18    intermediate landing field, landing field, landing area, airstrip, and landing
 19    strip.  For  the purposes of this chapter, the term "airport" refers to a pub-
 20    licly owned and managed facility that is open for public  use  without  opera-
 21    tional restrictions on its use.
 22        (2)  "AirportAviation hazard" means any new or existing structure, or tree
 23    or  object  of  natural  growth,  use  of land, or modification thereto, which
 24    obstructs the airspace required for the flight of aircraft in landing or  tak-
 25    ing off at any airport or is otherwise hazardous to such landing or taking off
 26    of  aircraft  endangers  the  lives and property of users of an airport, or of
 27    occupants of land in its vicinity, and that  reduces  the  size  of  the  area
 28    available  for  landing, taking off and maneuvering of aircraft, or extends up
 29    into the airspace between airports to cause disastrous and  needless  loss  of
 30    life and property.
 31        (3)  "AirportAviation  hazard  area"  means any area of land or water upon
 32    which an airport aviation hazard might be established if not prevented as pro-
 33    vided in this act chapter.
 34        (4)  "Political subdivision" means any municipality, city or county.
 35        (5)  "Person" means any individual, firm, copartnership, corporation, com-
 36    pany, association, joint stock association, or body politic, and includes  any
 37    trustee, receiver, assignee, or other similar representative thereof.
 38        (6)  "Structure" means any object constructed or installed by man, includ-
 39    ing,  but  without  limitation,  buildings,  towers, smokestacks, and overhead
 40    transmission lines.
 41        (7)  "Tree" means any object of natural growth.
 42        (8)  "State" or "this state" means the state of Idaho.
 43        (9)  "Department" means the Idaho transportation department.
 44        (10)  "Director" means the director of the Idaho transportation department
 45    or his agent.
 46        (11)  "Board" means the Idaho transportation board.
                                                                        
 47        SECTION 4.  That Section 21-502, Idaho Code, be, and the  same  is  hereby
 48    amended to read as follows:
                                                                        
 49        21-502.  AIRPORT  AVIATION  HAZARDS  CONTRARY  TO  PUBLIC  INTEREST. It is
 50    hereby found that an airport aviation hazard endangers the lives and  property
 51    of users of the airport and of occupants of land in its vicinity, and also, if
                                                                        
                                           5
                                                                        
  1    of  the obstruction type, in effect reduces the size of the area available for
  2    the landing, taking off and maneuvering of aircraft thus tending to destroy or
  3    impair the utility of the airport and the public investment  therein.  Accord-
  4    ingly, it is hereby declared:
  5        (a)  That the creation or establishment of an airport aviation hazard is a
  6    public  nuisance and an injury to the community served by the airport in ques-
  7    tion;
  8        (b)  That it is therefore necessary in the interest of the public  health,
  9    public  safety, and general welfare that the creation or establishment of air-
 10    port aviation hazards be prevented;
 11        (c)  That this should be accomplished, to the extent legally possible,  by
 12    exercise of the police power, without compensation.
 13        It  is further declared that both the prevention of the creation or estab-
 14    lishment of airport aviation hazards and the elimination, removal, alteration,
 15    mitigation, or marking and lighting of existing airport aviation  hazards  are
 16    public  purposes  for which political subdivisions may raise and expend public
 17    funds and acquire land and property interests therein.
                                                                        
 18        SECTION 5.  That Section 21-503, Idaho Code, be, and the  same  is  hereby
 19    amended to read as follows:
                                                                        
 20        21-503.  AIRPORT  ZONING  REGULATIONS.  (1) Power to Adopt Regulations. In
 21    order to prevent the creation or establishment of airport aviation hazard, the
 22    state of Idaho, by and through the Idaho transportation department, may adopt,
 23    administer, and enforce, under the police power and in the manner and upon the
 24    conditions hereinafter prescribed, airport zoning regulations for airport avi-
 25    ation hazard areas within the state, which regulations may  divide  such  area
 26    into  zones, and, within such zones, specify the land uses permitted and regu-
 27    late and restrict the height to which structures and trees may be  erected  or
 28    allowed to grow.
 29        (2)  Method  of  Adopting Zoning Regulations. The department shall promul-
 30    gate and adopt in the manner and in conformance with the procedure  set  forth
 31    in  this  act  chapter such reasonable regulations for the zoning of airports,
 32    airport aviation hazard areas and airport aviation hazards within the state as
 33    may be reasonably necessary to accomplish the highest  degree  of  safety  for
 34    airflight operations. Prior to adopting any zoning regulations:
 35        (Aa)  The  director  shall cause to be prepared a map or maps as the indi-
 36        vidual situation may require, for each airport,  and  surrounding  airport
 37        aviation  hazard area to be zoned. Such map shall contain a description of
 38        the exterior boundaries of the area to be included within the zoning regu-
 39        lations, the boundaries and runways of the airport and shall disclose  the
 40        existing  and  any planned approaches to the subject airport, the proposed
 41        glide angles and restricted areas deemed necessary by  the  director,  and
 42        such  other information as may be deemed helpful by the director to fairly
 43        portray the areas involved and the airspace required.
 44        (Bb)  The director shall also cause to be  prepared  proposed  regulations
 45        setting  forth  the  various  zones  within  the area and the restrictions
 46        applicable to each. Zones may be named or numbered or otherwise designated
 47        to distinguish one zone from another.
 48        (Cc)  Such proposed regulations and the map or maps of the  area  involved
 49        shall be filed with the county recorder of the county or counties in which
 50        the airport or any part thereof is situated.
 51        (Dd)  To  amend  any adopted zoning regulations the director shall proceed
 52        in the same manner set forth for the adoption of regulations  except  that
 53        he  need only give notice and file maps and regulations that relate to the
                                                                        
                                           6
                                                                        
  1        particular amendment to be made.
  2        Upon the approval and designation of any airport in this state the depart-
  3    ment may immediately thereafter take such steps necessary under this act chap-
  4    ter to zone the airport aviation hazard area adjacent to such airport and  the
  5    department shall, if requested by the owners of any existing airport which has
  6    heretofore  been approved and designated and which is open to public use, take
  7    such steps necessary under this act chapter to zone the airport aviation  haz-
  8    ard  area  adjacent  to  such airport, or the director may proceed to zone any
  9    such area without such a request.
                                                                        
 10        SECTION 6.  That Section 21-504, Idaho Code, be, and the  same  is  hereby
 11    amended to read as follows:
                                                                        
 12        21-504.  PROCEDURE  FOR ZONING AN AIRPORT AVIATION HAZARD AREA. No airport
 13    aviation hazard shall be zoned or an existing zoning amended or changed by the
 14    department except after a public hearing in relation thereto, at which hearing
 15    parties in interest and any citizen shall have an opportunity to be heard.  At
 16    least  fifteen (15) days' notice of such hearing shall be published in a news-
 17    paper of general circulation printed in the county in which such airport avia-
 18    tion hazard is situated and if there be no such newspaper, then by  posting  a
 19    copy of the notice in three (3) of the most public places in the county.
 20        The  notice  shall  refer  all  persons interested to the maps of the area
 21    involved and the proposed regulations on file with the county recorder of  the
 22    county  in which the airport is located. The date, time and place of the hear-
 23    ings shall also be set forth in the notice. At such hearing all persons inter-
 24    ested may appear either in person, in writing  or  by  counsel  and  make  any
 25    objections  they may have to the proposed regulations. The director shall pre-
 26    side at the hearing and a record of all objections filed shall be kept on file
 27    in the office of the director. The meeting may be continued from day to day to
 28    permit all who appear on the day of the hearing adequate time to be heard  and
 29    the  proposed  regulations  may  at  the conclusion of the hearing be declared
 30    adopted by the director or he may  amend  the  regulations  by  lessening  the
 31    requirements contained therein and declare the amended regulations adopted but
 32    the  director  shall not increase the regulations without repeating the notice
 33    provided for by this section. After the regulations have been  adopted  copies
 34    thereof  and  copies  of  the  maps  corrected  to  reflect the regulations as
 35    approved by the director shall be permanently filed with the  county  recorder
 36    of the county in which the airport or any part thereof is situated.
                                                                        
 37        SECTION  7.  That  Section  21-505, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        21-505.  AIRPORT ZONING REQUIREMENTS. All airport zoning  regulations  and
 40    orders  rules  promulgated under this act chapter shall be reasonable and none
 41    shall impose any requirement or restriction which is not reasonably  necessary
 42    to effectuate the purpose of this act chapter. In determining what regulations
 43    shall be adopted, the department shall consider, among other things, the char-
 44    acter  of  the  flying operations expected to be conducted at the airport, the
 45    nature of the terrain within the airport aviation hazard area,  the  character
 46    of the neighborhood, and the uses to which the property to be zoned is put and
 47    adaptable.
                                                                        
 48        SECTION  8.  That  Section 21-505A, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
                                           7
                                                                        
  1        21-505A.  PERMITS AND VARIANCES -- MARKING AND LIGHTING. Any airport  zon-
  2    ing  regulations  adopted  under this act chapter may require that a permit be
  3    obtained from the director before any new structure or use may be  constructed
  4    or  established within the zoned area. Any person desiring to erect any struc-
  5    ture, or increase the height of any structure, or permit  the  growth  of  any
  6    tree, or otherwise use his property in violation of airport zoning regulations
  7    adopted  under  this act chapter may apply to the director of the Idaho trans-
  8    portation  department for a special permit authorizing such action. Such vari-
  9    ances shall be allowed where a literal application or enforcement of the regu-
 10    lations would result in practical difficulty and unnecessary hardship and  the
 11    relief  granted  would  not be contrary to the public interest or create undue
 12    hazards to air flight. Any such special permits may be allowed subject to such
 13    reasonable conditions as the director may deem  necessary  to  effectuate  the
 14    purposes  of  the  regulations, including the condition that the owners of the
 15    structure or tree in question permit the department or other political  subdi-
 16    vision of this state having an interest in the airport in question to install,
 17    operate and maintain thereon at its own expense such markers and lights as may
 18    be necessary to indicate to flyers the presence of an airport aviation hazard.
                                                                        
 19        SECTION  9.  That  Section  21-506, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        21-506.  JUDICIAL REVIEW. Any person aggrieved, or any taxpayer  affected,
 22    by  any  decision  of the department may appeal any zoning regulation or order
 23    affecting such person or taxpayer to the district court of the  judicial  dis-
 24    trict  in  which the airport aviation hazard area involved is situated, in the
 25    same manner in which appeals are taken from the board of county  commissioners
 26    to the district court.
 27        The court shall have jurisdiction to affirm, modify or set aside the regu-
 28    lations  appealed  from  but  the  invalidity  of one (1) regulation shall not
 29    affect the validity of the remaining regulations. In any case in which airport
 30    zoning regulations adopted under this act chapter, although generally  reason-
 31    able,  are  held by the court having jurisdiction to interfere with the use or
 32    enjoyment of a particular structure or parcel of land to such an extent, or to
 33    be so onerous in their application to such a structure or parcel of land as to
 34    constitute a taking or deprivation of that property in violation of  the  con-
 35    stitution  of this state or the constitution of the United States such holding
 36    shall not affect the application of such regulations to  other  structures  or
 37    parcels of land.
                                                                        
 38        SECTION  10.  That  Section 21-515, Idaho Code, be, and the same is hereby
 39    amended to read as follows:
                                                                        
 40        21-515.  MARKING OF OBSTRUCTIONS HAZARDS  TO  AIR  FLIGHT.  Any  structure
 41    which obstructs the air space more than one hundred fifty (150) feet above the
 42    ground or water level when determined by the director of the Idaho transporta-
 43    tion  department to be a hazard or potential hazard to the safe flight of air-
 44    craft shall be plainly marked, illuminated, painted, lighted or designated  in
 45    a manner to be approved by the director, so that the same will be clearly vis-
 46    ible to airmen.
                                                                        
 47        SECTION  11.  That  Section 21-516, Idaho Code, be, and the same is hereby
 48    amended to read as follows:
                                                                        
 49        21-516.  DETERMINATION OF OBSTRUCTIONS HAZARDS. In determining the  struc-
                                                                        
                                           8
                                                                        
  1    tures  which  are or may be a hazard to air flight the director shall consider
  2    the terrain, character of the neighborhood, uses to which  the  structure  and
  3    surrounding  property may be adaptable, and the character of the flying opera-
  4    tions expected to be conducted in the area.
                                                                        
  5        SECTION 12.  That Section 21-517, Idaho Code, be, and the same  is  hereby
  6    amended to read as follows:
                                                                        
  7        21-517.  PROCEDURE  FOR  DETERMINATION  OF  OBSTRUCTIONS HAZARDS. When the
  8    director determines that a structure is a probable obstruction  hazard  within
  9    the  meaning  of  this  act chapter, he shall notify the owner of the land, or
 10    operator or owner of the structure who shall have twenty (20) days  after  the
 11    receipt  of  such notice to show cause why such structure should not be deter-
 12    mined to be an obstruction hazard.
                                                                        
 13        SECTION 13.  That Section 21-701, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        21-701.  DEFINITIONS.  The  following  words and phrases when used in this
 16    act chapter are defined to mean the following:
 17        (a)  "Aircraft" means any contrivance now known or hereafter invented used
 18    or designed for navigation of or flight in the air.
 19        (b)  "Aircraft engine" means an engine used or intended  to  be  used  for
 20    propulsion  of  aircraft and includes all parts, appurtenances and accessories
 21    thereof other than propellers.
 22        (c)  "Aircraft navigation facility" means any facility used in,  available
 23    for  use  in, or designed for use in, aid of air navigation, including landing
 24    areas, lights, any apparatus or equipment for disseminating  weather  informa-
 25    tion,  for  signaling,  for  radio-directional  finding, or for radio or other
 26    electrical communication, and any other structure or mechanism having a  simi-
 27    lar  purpose  for  guiding or controlling flight in the air or the landing and
 28    take-off takeoff of aircraft.
 29        (d)  "Airport" means any area of land or water which is used, or  intended
 30    for  use,  for  the landing and takeoff of aircraft, and any appurtenant areas
 31    which are used, or intended for use, for airport buildings  or  other  airport
 32    facilities  or  rights-of-way, together with all airport buildings and facili-
 33    ties located thereon. The term "airport" shall include such other common terms
 34    as aviation field, airfield, intermediate landing field, landing field,  land-
 35    ing  area,  airstrip, and landing strip. For purposes of this chapter the term
 36    "airport" refers to a publicly owned and managed facility  that  is  open  for
 37    public use without operational restrictions on its use.
 38        (e)  "Appliances" means instruments, equipment, apparatus, parts, appurte-
 39    nances, or accessories, of whatever description which are used, or are capable
 40    of  being  or intended to be used, in the navigation, operation, or control of
 41    aircraft in flight, including parachutes and including radio and communication
 42    equipment and any other mechanism or mechanisms whether or not installed in or
 43    attached to aircraft during flight.
 44        (e)  "Landing area" means any locality, either of land or water, including
 45    airports and intermediate landing fields, which is used,  or  intended  to  be
 46    used,  for the landing and take off of aircraft, whether or not facilities are
 47    provided for the shelter, servicing, or repair of aircraft, or  for  receiving
 48    or discharging of passengers or cargo.
 49        (f)  "Person" means any individual, firm, copartnership, corporation, com-
 50    pany,  association, joint-stock association, or body politic; and includes any
 51    trustee, receiver, assignee, or other similar representative thereof.
                                                                        
                                           9
                                                                        
  1        (g)  "Propeller"  includes  all  parts,  appurtenances,  and   accessories
  2    thereof.
  3        (h)  "Spare parts" means parts, appurtenances, and accessories of aircraft
  4    of  aircraft (other than aircraft engines and propellers), of aircraft engines
  5    (other than propellers), of appliances, maintained for installation or use  in
  6    an  aircraft,  aircraft engine, propeller, or appliance, but which at the time
  7    are not installed therein or attached thereto.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                           RS 14420C1

This legislation would amend Sections 21-101, 21-106, 21-501, 21-
502, 21-503, 21-504, 21-505, 21-505A, 21-506, 21-515, 21-516, 21-
517, and 21-701 Idaho Code, to revise the definition of "airport"
and "airport hazard" and related language to clarify and bring
these definitions into conformity with Federal definitions and
regulations. The proposed amendments would also create uniformity
in aviation airspace obstruction management by bringing Idaho Code
into compliance with Federal Aviation Administration obstruction
evaluation standards as required in Section 21-111 (b) of the Idaho
Code.
Changing the definition of "airport hazard" to "aviation hazard"
will include those hazards not in the immediate vicinity of an
airport.

Having State and Federal standards parallel each other will
eliminate redundant and/or conflicting rulings by the State and the
FAA concerning aviation hazards (structures). The State should have
enforcement authority to regulate aviation hazards because the FAA
does not have that authority through federal law. Additionally, the
Division of Aeronautics personnel possess detailed knowledge of
terrain, and of visual flyways and are able to do more in-depth,
site specific evaluations for structures such as power lines that
may affect larger geographic areas. 


                         FISCAL  IMPACT

There is no fiscal impact from this legislation.


Contact   
Name:     Bob Martin
Agency:   Idaho Transportation Department
Phone:    334-8788

STATEMENT OF PURPOSE/FISCAL NOTE                    H 40