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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
]]]] 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.
]]]] 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.".
]]]] 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
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