1     
AIRPORT LAND USE AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Melissa G. Ballard

5     
Senate Sponsor: Todd D. Weiler

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          ▸     amends definitions related to airport influence areas and airport overlay zones;
14          ▸     encourages a political subdivision to adopt land use regulations that protect airports,
15     including:
16               •     adopting airport overlay zones;
17               •     notifying of airport impacts; and
18               •     granting of avigation easements;
19          ▸     amends provisions related to governing law in the event of a conflict between land
20     use regulations related to airport overlay zones;
21          ▸     amends provisions related to the acquisition of an avigation easement or similar
22     rights;
23          ▸     repeals sections of code related to zoning and land use related to airports; and
24          ▸     makes technical changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          10-9a-501, as last amended by Laws of Utah 2021, Chapter 60
32          17-27a-501, as last amended by Laws of Utah 2021, Chapter 60
33          72-10-401, as renumbered and amended by Laws of Utah 1998, Chapter 270
34          72-10-402, as renumbered and amended by Laws of Utah 1998, Chapter 270
35          72-10-403, as renumbered and amended by Laws of Utah 1998, Chapter 270
36          72-10-404, as renumbered and amended by Laws of Utah 1998, Chapter 270
37          72-10-413, as renumbered and amended by Laws of Utah 1998, Chapter 270
38     REPEALS:
39          72-10-405, as renumbered and amended by Laws of Utah 1998, Chapter 270
40          72-10-406, as renumbered and amended by Laws of Utah 1998, Chapter 270
41          72-10-407, as renumbered and amended by Laws of Utah 1998, Chapter 270
42          72-10-408, as renumbered and amended by Laws of Utah 1998, Chapter 270
43          72-10-409, as renumbered and amended by Laws of Utah 1998, Chapter 270
44          72-10-410, as renumbered and amended by Laws of Utah 1998, Chapter 270
45          72-10-411, as renumbered and amended by Laws of Utah 1998, Chapter 270
46          72-10-412, as last amended by Laws of Utah 2018, Chapter 148
47          72-10-414, as renumbered and amended by Laws of Utah 1998, Chapter 270
48     

49     Be it enacted by the Legislature of the state of Utah:
50          Section 1. Section 10-9a-501 is amended to read:
51          10-9a-501. Enactment of land use regulation, land use decision, or development
52     agreement.
53          (1) Only a legislative body, as the body authorized to weigh policy considerations, may
54     enact a land use regulation.
55          (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
56     regulation only by ordinance.
57          (b) A legislative body may, by ordinance or resolution, enact a land use regulation that
58     imposes a fee.
59          (3) A legislative body shall ensure that a land use regulation is consistent with the
60     purposes set forth in this chapter.
61          (4) (a) A legislative body shall adopt a land use regulation to:
62          (i) create or amend a zoning district under Subsection 10-9a-503(1)(a); and
63          (ii) designate general uses allowed in each zoning district.
64          (b) A land use authority may establish or modify other restrictions or requirements
65     other than those described in Subsection (4)(a), including the configuration or modification of
66     uses or density, through a land use decision that applies criteria or policy elements that a land
67     use regulation establishes or describes.
68          (5) A municipality may not adopt a land use regulation, development agreement, or
69     land use decision that restricts the type of crop that may be grown in an area that is:
70          (a) zoned agricultural; or
71          (b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
72          (6) A municipal land use regulation pertaining to an airport or an airport influence area,
73     as that term is defined in Section 72-10-401, is subject to Title 72, Chapter 10, Part 4, Airport
74     Zoning Act.
75          Section 2. Section 17-27a-501 is amended to read:
76          17-27a-501. Enactment of land use regulation.
77          (1) Only a legislative body, as the body authorized to weigh policy considerations, may
78     enact a land use regulation.
79          (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
80     regulation only by ordinance.
81          (b) A legislative body may, by ordinance or resolution, enact a land use regulation that
82     imposes a fee.
83          (3) A land use regulation shall be consistent with the purposes set forth in this chapter.
84          (4) (a) A legislative body shall adopt a land use regulation to:
85          (i) create or amend a zoning district under Subsection 17-27a-503(1)(a); and
86          (ii) designate general uses allowed in each zoning district.
87          (b) A land use authority may establish or modify other restrictions or requirements
88     other than those described in Subsection (4)(a), including the configuration or modification of
89     uses or density, through a land use decision that applies criteria or policy elements that a land
90     use regulation establishes or describes.
91          (5) A county may not adopt a land use regulation, development agreement, or land use
92     decision that restricts the type of crop that may be grown in an area that is:
93          (a) zoned agricultural; or
94          (b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
95          (6) A county land use regulation pertaining to an airport or an airport influence area, as
96     that term is defined in Section 72-10-401, is subject to Title 72, Chapter 10, Part 4, Airport
97     Zoning Act.
98          Section 3. Section 72-10-401 is amended to read:
99          72-10-401. Definitions.
100          As used in this part, unless the context otherwise requires:
101          (1) "Airport" means any publicly used area of land or water [designed and set aside]
102     that is used, or intended to be used, for the landing and [taking-off] take-off of aircraft and
103     utilized or to be utilized in the interest of the public for these purposes.
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          [(3) "Airport hazard area" means any area of land or water upon which an airport
108     hazard might be established if not prevented as provided in this part.]
109          (2) "Airport hazard" means any structure, tree, object of natural growth, or use of land
110     that potentially obstructs or otherwise impacts the safe and efficient utilization of the navigable
111     airspace required for the flight of aircraft in landing or take-off at an airport.
112          (3) "Airport influence area" means land located within 5,000 feet of an airport runway.
113          (4) "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 regulation in addition to the primary zoning district land use
116     regulation 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          (5) "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 prohibit or remove any obstruction to such overflight.
127          (6) "Land use regulation" means the same as that term is defined in Sections 10-9a-103
128     and 17-27a-103.
129          [(4)] (7) "Political subdivision" means any municipality, city, town, or county.
130          [(5)] (8) "Structure" means any object constructed or installed by man, including
131     buildings, towers, smokestacks, and overhead transmission lines.
132          [(6)] (9) "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 zoning 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 territorial limits may adopt,
157     administer, and enforce, under the police power and in the manner and upon the conditions
158     prescribed in this part, airport zoning regulations for the airport hazard area.]
159          [(b) The regulations may divide the area into zones, and, within the zones, specify the
160     land uses permitted and regulate and restrict the height to which structures and trees may be
161     erected or allowed to grow.]
162          [(2) (a) If an airport is owned or controlled by a political subdivision and any airport
163     hazard area appertaining to the airport is located outside the territorial limits of the political
164     subdivision, the political subdivision owning or controlling the airport and the political
165     subdivision within which the airport hazard area is located may, by ordinance or resolution
166     duly adopted, create a joint airport zoning board.]
167          [(b) The board shall have the same power to adopt, administer, and enforce airport
168     zoning regulations applicable to the airport hazard area in question as that vested by Subsection
169     (1) in the political subdivision within which the area is located.]
170          [(c) Each joint board shall have as members two representatives appointed by each
171     political subdivision participating in its creation and in addition a chair elected by a majority of
172     the appointed members.]
173          (1) In order to prevent the creation or establishment of airport hazards, each political
174     subdivision located within an airport influence area, shall adopt, administer, and enforce land
175     use regulations for the airport influence area, including an airport overlay zone, under the
176     police power and in the manner and upon the conditions prescribed:
177          (a) in this part;
178          (b) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act;
179     and
180          (c) Title 17, Chapter 27a, County Land Use Development, and Management Act.
181          (2) (a) Each political subdivision located within an airport influence area shall notify a
182     person building on or developing land in an airport influence area, in writing, of aircraft
183     overflights and associated noise.
184          (b) To promote the safe and efficient operation of the airport, a political subdivision
185     located within an airport influence area:
186          (i) shall:
187          (A) adopt an airport overlay zone conforming to the requirements of this chapter and
188     14 C.F.R. Part 77; and
189          (B) require any proposed development within an airport influence area to conform with
190     14 C.F.R. Part 77; and
191          (ii) may, as a condition to granting a building permit, subdivision plat, or a requested
192     zoning change within an airport influence area, require a person building or developing land to
193     grant or sell to the airport owner, at appraised fair market value, an avigation easement.
194          (3) If a political subdivision located within an airport influence area fails to adopt an
195     airport overlay zone by December 31, 2024, then the following requirements shall apply in an
196     airport influence area:
197          (a) each political subdivision located within an airport influence area shall notify a
198     person building on or developing land within an airport influence area, in writing, of aircraft
199     overflights and associated noise;
200          (b) as a condition to granting a building permit, subdivision plat, or a requested zoning
201     change within an airport influence area, require the person building or developing land to grant
202     or sell to the airport owner, at appraised fair market value, an avigation easement; and
203          (c) require a person building or developing land within an airport influence area
204     conform to the requirements of this chapter and 14 C.F.R. Part 77.
205          Section 6. Section 72-10-404 is amended to read:
206          72-10-404. Zoning ordinances -- Governing law in event of conflict.
207          [(1) In the event that a political subdivision has adopted or adopts a comprehensive
208     zoning ordinance regulating the height of buildings, any airport zoning regulations applicable
209     to the same area or a portion of the area may be incorporated in and made a part of
210     comprehensive zoning regulations, and be administered and enforced in connection with the
211     comprehensive zoning regulations. (2)] In the event of conflict between any airport [zoning]
212     land use regulations adopted under this part and any other regulations applicable to the same
213     area, whether the conflict be with respect to the height of structures or trees, the use of land, or
214     any other matter, [and whether the other regulations were adopted by the political subdivision
215     which adopted the airport zoning regulations or by some other political subdivision, the more
216     stringent limitation or requirement] the airport overlay zone requirement shall govern and
217     prevail.
218          Section 7. Section 72-10-413 is amended to read:
219          72-10-413. Purchase or condemnation of air rights or navigation easements.
220          A political subdivision [within which the property or nonconforming use is located or
221     the political subdivision] owning the airport [or],whether or not the airport is located within the
222     territorial limits of the political subdivision, or a political subdivision that is served by [it] the
223     airport may acquire, by purchase, grant, or condemnation in the manner provided by the law
224     under which political subdivisions are authorized to acquire real property for public purposes,
225     an air right, [navigation] an avigation easement easement, or other estate or interest in the
226     property or nonconforming structure or use in question if:
227          (1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or
228     use;
229          (2) the approach protection necessary cannot, because of constitutional limitations, be
230     provided by airport [zoning] land use regulations under this part; or
231          (3) it appears advisable that the necessary approach protection be provided by
232     acquisition of property rights rather than by airport zoning regulations.
233          Section 8. Repealer.
234          This bill repeals:
235          Section 72-10-405, Airport zoning regulations -- Adoption and amendment --
236     Airport zoning commission -- Powers and duties.
237          Section 72-10-406, Airport zoning regulations -- Validity, limitations, and
238     restrictions.
239          Section 72-10-407, Permit for new or changed structures or uses -- Nonconforming
240     structures -- Airport hazards -- Application to board of adjustment for variance --
241     Allowance of variance -- Conditioning permit or variance.
242          Section 72-10-408, Appeals to board of adjustment -- Procedure -- Stay of
243     proceedings -- Hearing and judgment.
244          Section 72-10-409, Airport zoning regulations -- Administration and enforcement.
245          Section 72-10-410, Board of adjustment -- Powers -- Appointment and
246     membership of board -- Hearings and decisions by board -- Meetings -- Adoption of
247     rules.
248          Section 72-10-411, Appeals to district courts -- Procedure -- Findings, judgment,
249     and costs -- Regulations invalid as to one structure or parcel of land.
250          Section 72-10-412, Violations of chapter or rulings -- Misdemeanor -- Remedies of
251     political subdivisions.
252          Section 72-10-414, Exchange of private property near federal airports.