2007 Legislation
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HOUSE BILL NO. 146 – Airport zoning, legislative intent

HOUSE BILL NO. 146

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Bill Status



H0146aa.......................................by TRANSPORTATION AND DEFENSE
AIRPORT - ZONING - Amends existing law to provide legislative findings,
intent and purpose relating to airport zoning requirements; and to require
counties and municipalities with an airport to discourage the siting of
incompatible uses adjacent to the airport or in the flight path of an
airport through their comprehensive plans and development regulations and
regulations of the Federal Aviation Administration.
                                                                        
02/09    House intro - 1st rdg - to printing
02/12    Rpt prt - to Transp
03/01    Rpt out - to Gen Ord
03/05    Rpt out amen - to engros
03/06    Rpt engros - 1st rdg - to 2nd rdg as amen
03/07    2nd rdg - to 3rd rdg as amen
03/13    Ret'd to Transp

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 146
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE AIRPORT ZONING ACT; AMENDING SECTION 21-505,  IDAHO  CODE,  TO
  3        PROVIDE  LEGISLATIVE FINDINGS, INTENT AND PURPOSE RELATING TO AIRPORT ZON-
  4        ING REQUIREMENTS, TO REQUIRE COUNTIES AND MUNICIPALITIES WITH  AN  AIRPORT
  5        TO  DISCOURAGE  THE SITING OF INCOMPATIBLE USES ADJACENT TO THE AIRPORT OR
  6        IN THE FLIGHT PATH OF AN AIRPORT THROUGH  THEIR  COMPREHENSIVE  PLANS  AND
  7        DEVELOPMENT REGULATIONS AND TO MAKE TECHNICAL CHANGES.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section  21-505, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        21-505.  AIRPORT ZONING REQUIREMENTS -- LEGISLATIVE FINDINGS,  INTENT  AND
 12    PURPOSE.  (1)  All airport zoning regulations and rules promulgated under this
 13    chapter shall be reasonable and none shall impose any requirement or  restric-
 14    tion which is not reasonably necessary to effectuate the purpose of this chap-
 15    ter.  In  determining  what regulations rules shall be adopted, the department
 16    shall consider, among other things, the character  of  the  flying  operations
 17    expected  to be conducted at the airport, the nature of the terrain within the
 18    aviation hazard area, the character of the neighborhood, and the uses to which
 19    the property to be zoned is put and adaptable and  the  findings,  intent  and
 20    purpose expressed herein by the legislature.
 21        (2)  The legislature finds that airports are an integral part of the econ-
 22    omy  of the state of Idaho and the economy of the local area in which the air-
 23    port is located. The legislature further finds that development around an air-
 24    port can cause conflicts that may limit the future expansion of an airport  or
 25    threaten the existence of an airport altogether.
 26        (3)  It  is  the  intent  of the legislature that airports in the state of
 27    Idaho remain viable and free from future conflicts  that  may  be  created  by
 28    incompatible  development  adjacent to the airport or in the flight path of an
 29    airport runway.
 30        (4)  It is the purpose of this section to limit  the  circumstances  under
 31    which  an airport operation may be a nuisance in order to reduce the potential
 32    for the state to lose the benefits to the state's  air  transportation  system
 33    that  are provided by airports. An airport operation or any of the operation's
 34    appurtenances may not become a private or public nuisance by any changed  con-
 35    dition  in  the vicinity of the locality that occurs after the public use air-
 36    port operates continuously at the locality for more than one (1) year  if  the
 37    following conditions are met:
 38        (a)  The airport operation was not a nuisance at the time when the airport
 39        began operating at that locality.
 40        (b)  The airport operation is operated in accordance with the rules of the
 41        Idaho transportation department, division of aeronautics.
 42        (c)  There  is no significant change in the hours of operation of the air-
 43        port operation.
                                                                        
                                       2
                                                                        
  1        (5)  Every county, city and town in which there is located an airport that
  2    is operated for the benefit of the general public, whether publicly  owned  or
  3    privately  owned  for  public  use,  shall, through its comprehensive plan and
  4    development regulations, discourage the siting of incompatible  uses  adjacent
  5    to the airport or in the flight path of an airport runway.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                                     Moved by    Hagedorn            
                                                                        
                                                     Seconded by Ringo               
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 146
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, delete line 24 and insert: "port may  cause
  3    conflicts  that  could  limit  the  future expansion of an airport or"; delete
  4    lines 26 through 29 and insert:
  5        "(3) It is the intent of the legislature that airports  in  the  state  of
  6    Idaho  remain  viable  to  the extent practicable and that potential conflicts
  7    that may be created by development adjacent to the airport or  in  the  flight
  8    path  of  an airport runway be minimized by evaluating compatibility on a case
  9    by case basis.";
 10    in line 31, following "may be" insert:  "considered"; in line 36, delete  "one
 11    (1)  year"  and insert: "three (3) years"; in line 41, following "aeronautics"
 12    insert: "and federal aviation administration regulations"; and following  line
 13    43, insert:
 14        "(d)  There is no significant increase in the type or character of the air
 15        traffic associated with the airport.".
 16        On page 2, in line 3, delete "plan and" and insert: "plan,"; and in line 4
 17    delete "regulations," and insert: "regulations and FAA regulations,".
                                                                        
 18                                 CORRECTION TO TITLE
 19        On page 1, delete lines 6 and 7 and insert:  "IN THE  FLIGHT  PATH  OF  AN
 20    AIRPORT  RUNWAY THROUGH THEIR COMPREHENSIVE PLANS, DEVELOPMENT REGULATIONS AND
 21    REGULATIONS OF THE FEDERAL  AVIATION  ADMINISTRATION  AND  TO  MAKE  TECHNICAL
 22    CHANGES.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 146, As Amended
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE AIRPORT ZONING ACT; AMENDING SECTION 21-505,  IDAHO  CODE,  TO
  3        PROVIDE  LEGISLATIVE FINDINGS, INTENT AND PURPOSE RELATING TO AIRPORT ZON-
  4        ING REQUIREMENTS, TO REQUIRE COUNTIES AND MUNICIPALITIES WITH  AN  AIRPORT
  5        TO  DISCOURAGE  THE SITING OF INCOMPATIBLE USES ADJACENT TO THE AIRPORT OR
  6        IN THE FLIGHT PATH OF AN AIRPORT RUNWAY THROUGH THEIR COMPREHENSIVE PLANS,
  7        DEVELOPMENT REGULATIONS AND REGULATIONS OF THE FEDERAL  AVIATION  ADMINIS-
  8        TRATION AND TO MAKE TECHNICAL CHANGES.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section  21-505, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        21-505.  AIRPORT ZONING REQUIREMENTS -- LEGISLATIVE FINDINGS,  INTENT  AND
 13    PURPOSE.  (1)  All airport zoning regulations and rules promulgated under this
 14    chapter shall be reasonable and none shall impose any requirement or  restric-
 15    tion which is not reasonably necessary to effectuate the purpose of this chap-
 16    ter.  In  determining  what regulations rules shall be adopted, the department
 17    shall consider, among other things, the character  of  the  flying  operations
 18    expected  to be conducted at the airport, the nature of the terrain within the
 19    aviation hazard area, the character of the neighborhood, and the uses to which
 20    the property to be zoned is put and adaptable and  the  findings,  intent  and
 21    purpose expressed herein by the legislature.
 22        (2)  The legislature finds that airports are an integral part of the econ-
 23    omy  of the state of Idaho and the economy of the local area in which the air-
 24    port is located. The legislature further finds that development around an air-
 25    port may cause conflicts that could limit the future expansion of  an  airport
 26    or threaten the existence of an airport altogether.
 27        (3)  It  is  the  intent  of the legislature that airports in the state of
 28    Idaho remain viable to the extent practicable  and  that  potential  conflicts
 29    that  may  be  created by development adjacent to the airport or in the flight
 30    path of an airport runway be minimized by evaluating compatibility on  a  case
 31    by case basis.
 32        (4)  It  is  the  purpose of this section to limit the circumstances under
 33    which an airport operation may be considered a nuisance in order to reduce the
 34    potential for the state to lose the benefits to the state's air transportation
 35    system that are provided by airports. An  airport  operation  or  any  of  the
 36    operation's  appurtenances  may not become a private or public nuisance by any
 37    changed condition in the vicinity of the locality that occurs after the public
 38    use airport operates continuously at the locality  for  more  than  three  (3)
 39    years if the following conditions are met:
 40        (a)  The airport operation was not a nuisance at the time when the airport
 41        began operating at that locality.
 42        (b)  The airport operation is operated in accordance with the rules of the
 43        Idaho transportation department, division of aeronautics and federal avia-
                                                                        
                                       2
                                                                        
  1        tion administration regulations.
  2        (c)  There  is no significant change in the hours of operation of the air-
  3        port operation.
  4        (d)  There is no significant increase in the type or character of the  air
  5        traffic associated with the airport.
  6        (5)  Every county, city and town in which there is located an airport that
  7    is  operated  for the benefit of the general public, whether publicly owned or
  8    privately owned for public use, shall, through its comprehensive plan,  devel-
  9    opment  regulations and FAA regulations, discourage the siting of incompatible
 10    uses adjacent to the airport or in the flight path of an airport runway.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16985

This legislation is for the purpose of protecting airport's
future viability.  With the state of Idaho's ongoing
urbanization, airports which were once located in rural areas are
becoming surrounded by urbanized development.  Sometimes this
urbanization creates conflicts between what have been ongoing
operations of the airport and the airport's new neighbors.

     This legislation would declare the normal, historic and
ongoing operations of an existing airport to not be a nuisance
with regard to new developments near an airport.  The legislation
also requires city and county planning departments and
comprehensive plans to discourage new developments near airports
which will likely be incompatible with the airport's existing
operations.  


                           FISCAL NOTE

There is no fiscal impact to the state of Idaho.




Contact
Name: Representative Phil Hart 
Phone: 208-332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 146