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HOUSE BILL NO. 40
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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
]]]] 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
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
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
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
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
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-
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
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
48 SECTION 8. That Section 21-505A, Idaho Code, be, and the same is hereby
49 amended to read as follows:
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-
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 a n 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.
1 (g) "Propeller" includes all parts, appurtenances, and accessories
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
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
Changing the definition of "airport hazard" to "aviation hazard"
will include those hazards not in the immediate vicinity of an
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.
There is no fiscal impact from this legislation.
Name: Bob Martin
Agency: Idaho Transportation Department
STATEMENT OF PURPOSE/FISCAL NOTE H 40