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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 Effective: 07/01/05
]]]] 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 actchapter, 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-offtakeoff, 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, oruse of land, or modification thereto, which obstructs49 the airspace required for the flight of aircraft in landing or taking off at50 an airport or is otherwise hazardous to such landing or taking offendangers 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 airportaviation 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 portaviation hazards, or to prevent the establishment of airportaviation 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 actchapter shall be con- 33 strued to limit any right, power or authority of the state or a municipality 34 to regulate airportaviation 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, oftitle 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 actchapter, unless the 10 context otherwise requires: 11 (1) "Airport" means any area of land or water designed and set aside for12 the landing and taking off of aircraft and utilized in the interest of the13 public for such purposeswhich 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 tree23 orobject 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 off26 of aircraftendangers 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 airportaviation hazard might be established if not prevented as pro- 33 vided in this actchapter. 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. AIRPORTAVIATION HAZARDS CONTRARY TO PUBLIC INTEREST. It is 50 hereby found that an airportaviation 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 airportaviation 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 portaviation 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 airportaviation hazards and the elimination, removal, alteration, 15 mitigation, or marking and lighting of existing airportaviation 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 airportaviation 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 airportavi- 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 actchapter such reasonable regulations for the zoning of airports, 32 airportaviation hazard areas and airportaviation 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 airport37 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 actchap- 4 ter to zone the airportaviation 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 actchapter to zone the airportaviation 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 AIRPORTAVIATION HAZARD AREA. No airport13 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 airportavia- 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 ordersrules promulgated under this actchapter shall be reasonable and none 41 shall impose any requirement or restriction which is not reasonably necessary 42 to effectuate the purpose of this actchapter. 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 airportaviation 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 actchapter 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 actchapter 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 airportaviation 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 airportaviation 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 actchapter, 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 OBSTRUCTIONSHAZARDS TO AIR FLIGHT. Any structure 41 which obstructs the air space more than one hundred fifty (150) feet above the42 ground or water levelwhen 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 OBSTRUCTIONSHAZARDS. 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 OBSTRUCTIONSHAZARDS. When the 8 director determines that a structure is a probable obstructionhazard within 9 the meaning of this actchapter, 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 obstructionhazard. 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 actchapter 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-offtakeoff 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, including45 airports and intermediate landing fields, which is used, or intended to be46 used, for the landing and take off of aircraft, whether or not facilities are47 provided for the shelter, servicing, or repair of aircraft, or for receiving48 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 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