1     
AIRPORT LAND USE AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Melissa G. Ballard

5     
Senate Sponsor: Daniel W. Thatcher

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to land use requirements near an airport influence
10     area.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms related to airport influence areas and airport overlay zones;
14          ▸     encourages a political subdivision adopt land use regulations that protect airports,
15     including:
16               •     granting of avigation easements;
17               •     adopting airport overlay zones; and
18               •     notifying of airport impacts;
19          ▸     amends provisions related to governing law in the event of a conflict between land
20     use regulations;
21          ▸     amends provisions related to the acquisition of an avigation easement or similar
22     rights; and
23          ▸     makes technical changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          10-9a-501, as last amended by Laws of Utah 2021, Chapter 60
31          17-27a-501, as last amended by Laws of Utah 2021, Chapter 60
32          72-10-401, as renumbered and amended by Laws of Utah 1998, Chapter 270
33          72-10-402, as renumbered and amended by Laws of Utah 1998, Chapter 270
34          72-10-403, as renumbered and amended by Laws of Utah 1998, Chapter 270
35          72-10-404, as renumbered and amended by Laws of Utah 1998, Chapter 270
36          72-10-413, as renumbered and amended by Laws of Utah 1998, Chapter 270
37     REPEALS:
38          72-10-405, as renumbered and amended by Laws of Utah 1998, Chapter 270
39          72-10-406, as renumbered and amended by Laws of Utah 1998, Chapter 270
40          72-10-407, as renumbered and amended by Laws of Utah 1998, Chapter 270
41          72-10-408, as renumbered and amended by Laws of Utah 1998, Chapter 270
42          72-10-409, as renumbered and amended by Laws of Utah 1998, Chapter 270
43          72-10-410, as renumbered and amended by Laws of Utah 1998, Chapter 270
44          72-10-411, as renumbered and amended by Laws of Utah 1998, Chapter 270
45          72-10-412, as last amended by Laws of Utah 2018, Chapter 148
46          72-10-414, as renumbered and amended by Laws of Utah 1998, Chapter 270
47     

48     Be it enacted by the Legislature of the state of Utah:
49          Section 1. Section 10-9a-501 is amended to read:
50          10-9a-501. Enactment of land use regulation, land use decision, or development
51     agreement.
52          (1) Only a legislative body, as the body authorized to weigh policy considerations, may
53     enact a land use regulation.
54          (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
55     regulation only by ordinance.
56          (b) A legislative body may, by ordinance or resolution, enact a land use regulation that
57     imposes a fee.
58          (3) A legislative body shall ensure that a land use regulation is consistent with the
59     purposes set forth in this chapter.
60          (4) (a) A legislative body shall adopt a land use regulation to:
61          (i) create or amend a zoning district under Subsection 10-9a-503(1)(a); and
62          (ii) designate general uses allowed in each zoning district.
63          (b) A land use authority may establish or modify other restrictions or requirements
64     other than those described in Subsection (4)(a), including the configuration or modification of
65     uses or density, through a land use decision that applies criteria or policy elements that a land
66     use regulation establishes or describes.
67          (5) A municipality may not adopt a land use regulation, development agreement, or
68     land use decision that restricts the type of crop that may be grown in an area that is:
69          (a) zoned agricultural; or
70          (b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
71          (6) A municipal land use regulation pertaining to an airport or an airport influence area,
72     as that term is defined in Section 72-10-401, is subject to Title 72, Chapter 10, Part 4, Airport
73     Zoning Act.
74          Section 2. Section 17-27a-501 is amended to read:
75          17-27a-501. Enactment of land use regulation.
76          (1) Only a legislative body, as the body authorized to weigh policy considerations, may
77     enact a land use regulation.
78          (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
79     regulation only by ordinance.
80          (b) A legislative body may, by ordinance or resolution, enact a land use regulation that
81     imposes a fee.
82          (3) A land use regulation shall be consistent with the purposes set forth in this chapter.
83          (4) (a) A legislative body shall adopt a land use regulation to:
84          (i) create or amend a zoning district under Subsection 17-27a-503(1)(a); and
85          (ii) designate general uses allowed in each zoning district.
86          (b) A land use authority may establish or modify other restrictions or requirements
87     other than those described in Subsection (4)(a), including the configuration or modification of
88     uses or density, through a land use decision that applies criteria or policy elements that a land
89     use regulation establishes or describes.
90          (5) A county may not adopt a land use regulation, development agreement, or land use
91     decision that restricts the type of crop that may be grown in an area that is:
92          (a) zoned agricultural; or
93          (b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
94          (6) A county land use regulation pertaining to an airport or an airport influence area, as
95     that term is defined in Section 72-10-401, is subject to Title 72, Chapter 10, Part 4, Airport
96     Zoning Act.
97          Section 3. Section 72-10-401 is amended to read:
98          72-10-401. Definitions.
99          As used in this part[, unless the context otherwise requires]:
100          (1) "Airport" means any area of land or water [designed and set aside] that is used or
101     intended for use for the landing and [taking-off] take-off of aircraft and utilized or to be
102     utilized in the interest of the public for these purposes and receives funding from the Federal
103     Aviation Administration.
104          [(2) "Airport hazard" means any structure or tree or use of land which obstructs the
105     airspace required for the flight of aircraft in landing or taking-off at an airport or is otherwise
106     hazardous to the landing or taking-off of aircraft.]
107          (2) "Airport hazard" means any structure, tree, object of natural growth, or use of land
108     that potentially obstructs or impacts the safe and efficient utilization of the navigable airspace
109     required for the flight of aircraft in landing or take-off at an airport.
110          (3) "Airport hazard area" means any area of land or water upon which an airport hazard
111     might be established if not prevented as provided in this part.
112          (4) "Airport influence area" means land located within 5,000 feet of an airport runway.
113          (5) "Airport overlay zone" means a secondary zoning district designed to protect the
114     public health, safety, and welfare near an airport, that:
115          (a) applies land use regulations in addition to the primary zoning district land use
116     regulations of property used as an airport and property within an airport influence area;
117          (b) may extend beyond the airport influence area;
118          (c) ensures airport utility as a public asset;
119          (d) protects property owner land values near an airport through compatible land use
120     regulations as recommended by the Federal Aviation Administration; and
121          (e) protects aircraft occupant safety through protection of navigable airspace.
122          (6) "Avigation easement" means an easement permitting unimpeded aircraft flights
123     over property subject to the easement, and includes the right:
124          (a) to create or increase noise or other effects that may result from the lawful operation
125     of aircraft; and
126          (b) to remove any obstruction to such overflight.
127          (7) "Land use regulation" means the same as that term is defined in Sections 10-9a-103
128     and 17-27a-103.
129          [(4)] (8) "Political subdivision" means any municipality, city, town, or county.
130          [(5) "Structure" means any object constructed or installed by man, including buildings,
131     towers, smokestacks, and overhead transmission lines.]
132          [(6) "Tree" means any object of natural growth.]
133          Section 4. Section 72-10-402 is amended to read:
134          72-10-402. Declaration with respect to airport hazards.
135          The Legislature finds that:
136          (1) an airport hazard endangers the lives and property of users of the airport and of
137     occupants of land in its vicinity;
138          (2) an obstruction of the type that reduces the size of the area available for the landing,
139     taking-off, and maneuvering of aircraft tends to destroy or impair the utility of the airport and
140     the public investment in the airport;
141          (3) the creation or establishment of an airport hazard is a public nuisance and an injury
142     to the community served by the airport in question;
143          (4) it is necessary in the interest of the public health, public safety, and general welfare
144     that the creation or establishment of airport hazards be prevented;
145          (5) this should be accomplished, to the extent legally possible, by exercise of the police
146     power, without compensation; [and]
147          (6) both the prevention of the creation or establishment of airport hazards and the
148     elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards
149     are public purposes for which political subdivisions may raise and expend public funds and
150     acquire land or property interests in land[.]; and
151          (7) the establishment of an airport overlay zone best prevents the creation or
152     establishment of an airport hazard, and promotes the public health, safety, and general welfare.
153          Section 5. Section 72-10-403 is amended to read:
154          72-10-403. Airport land use regulations.
155          (1) [(a)] In order to prevent the creation or establishment of airport hazards, every
156     political subdivision having an airport hazard area within [its] the political subdivision's
157     territorial limits, and each political subdivision located within an airport influence area may
158     adopt, administer, and enforce, under the police power and in the manner and upon the
159     conditions prescribed in this part, Title 10, Chapter 9a, Municipal Land Use, Development, and
160     Management Act, and Title 17, Chapter 27a, County Land Use, Development, and
161     Management Act, airport [zoning] land use regulations for the airport [hazard] influence area,
162     including an airport overlay zone.
163          [(b) The regulations may divide the area into zones, and, within the zones, specify the
164     land uses permitted and regulate and restrict the height to which structures and trees may be
165     erected or allowed to grow.]
166          [(2) (a) If an airport is owned or controlled by a political subdivision and any airport
167     hazard area appertaining to the airport is located outside the territorial limits of the political
168     subdivision, the political subdivision owning or controlling the airport and the political
169     subdivision within which the airport hazard area is located may, by ordinance or resolution
170     duly adopted, create a joint airport zoning board.]
171          [(b) The board shall have the same power to adopt, administer, and enforce airport
172     zoning regulations applicable to the airport hazard area in question as that vested by Subsection
173     (1) in the political subdivision within which the area is located.]
174          [(c) Each joint board shall have as members two representatives appointed by each
175     political subdivision participating in its creation and in addition a chair elected by a majority of
176     the appointed members.]
177          (2) (a) Each political subdivision located within an airport influence area is encouraged
178     to notify a person building on or developing land within an airport influence area of aircraft
179     overflights and associated noise.
180          (b) To promote the safe and efficient operation of the airport, a political subdivision
181     located within an airport influence area is encouraged to:
182          (i) as a condition to granting a building permit or a requested zoning change within an
183     airport influence area, require a person building or developing land to grant or sale to the
184     airport owner, at fair market value, an avigation easement;
185          (ii) adopt an airport overlay zone conforming to the requirements of this chapter and 14
186     C.F.R. Part 77; and
187          (iii) require any proposed development within an airport influence area to conform
188     with 14 C.F.R. Part 77.
189          Section 6. Section 72-10-404 is amended to read:
190          72-10-404. Governing law in event of conflict.
191          [(1) In the event that a political subdivision has adopted or adopts a comprehensive
192     zoning ordinance regulating the height of buildings, any airport zoning regulations applicable
193     to the same area or a portion of the area may be incorporated in and made a part of
194     comprehensive zoning regulations, and be administered and enforced in connection with the
195     comprehensive zoning regulations.]
196          [(2)] In the event of conflict between any airport [zoning] land use regulations adopted
197     under this part and any other regulations applicable to the same area, whether the conflict be
198     with respect to the height of structures or trees, the use of land, or any other matter, [and
199     whether the other regulations were adopted by the political subdivision which adopted the
200     airport zoning regulations or by some other political subdivision, the more stringent limitation
201     or requirement] the airport overlay zone requirements shall govern and prevail.
202          Section 7. Section 72-10-413 is amended to read:
203          72-10-413. Purchase or condemnation of air rights or avigation easements.
204          A political [subdivision within which the property or nonconforming use is located or
205     the political] subdivision owning the airport [or], whether the airport is located within or
206     without the territorial limits of the political subdivision, or a political subdivision that is served
207     by [it] the airport may acquire, by purchase, grant, or condemnation in the manner provided by
208     the law under which political subdivisions are authorized to acquire real property for public
209     purposes, an air right, [navigation] an avigation easement, or other estate or interest in the
210     property or nonconforming structure or use in question if:
211          (1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or
212     use;
213          (2) the approach protection necessary cannot, because of constitutional limitations, be
214     provided by airport [zoning] land use regulations under this part; or
215          (3) it appears advisable that the necessary approach protection be provided by
216     acquisition of property rights rather than by airport zoning regulations.
217          Section 8. Repealer.
218          This bill repeals:
219          Section 72-10-405, Airport zoning regulations -- Adoption and amendment --
220     Airport zoning commission -- Powers and duties.
221          Section 72-10-406, Airport zoning regulations -- Validity, limitations, and
222     restrictions.
223          Section 72-10-407, Permit for new or changed structures or uses -- Nonconforming
224     structures -- Airport hazards -- Application to board of adjustment for variance --
225     Allowance of variance -- Conditioning permit or variance.
226          Section 72-10-408, Appeals to board of adjustment -- Procedure -- Stay of
227     proceedings -- Hearing and judgment.
228          Section 72-10-409, Airport zoning regulations -- Administration and enforcement.
229          Section 72-10-410, Board of adjustment -- Powers -- Appointment and
230     membership of board -- Hearings and decisions by board -- Meetings -- Adoption of
231     rules.
232          Section 72-10-411, Appeals to district courts -- Procedure -- Findings, judgment,
233     and costs -- Regulations invalid as to one structure or parcel of land.
234          Section 72-10-412, Violations of chapter or rulings -- Misdemeanor -- Remedies of
235     political subdivisions.
236          Section 72-10-414, Exchange of private property near federal airports.