This document includes House Committee Amendments incorporated into the bill on Tue, Jan 23, 2024 at 11:25 AM by housengrossing.
1     
AIRPORT LAND USE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Melissa G. Ballard

5     
Senate Sponsor: Wayne A. Harper

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions related to compatible land use plans near certain private
10     airports.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms related to private airports;
14          ▸     requires local governments to create and maintain a compatible use plan to provide
15     notice of potential impacts of the operations of certain private airports and
16     encourage land use decisions that are compatible with the private airport;
17          ▸     requires local governments to publish and record notice of the compatible use plans;
18          ▸     allows a private airport owner to purchase an air right or avigation easement; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          72-10-102, as last amended by Laws of Utah 2023, Chapter 216
27     ENACTS:
28          10-9a-538, Utah Code Annotated 1953
29          17-27a-534, Utah Code Annotated 1953
30          72-10-416, Utah Code Annotated 1953
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 10-9a-538 is enacted to read:
34          10-9a-538. Land use compatibility with significant private airports.
35          (1) As used in this section:
36          (a) "Compatible use plan" means a compatible use plan pertaining to a significant
37     private airport as described in this section.
38          (b) "Significant private airport" means the same as that term is defined in Section
39     72-10- 102.
40          (2) (a) Except as provided in Subsection (2)(b), on or before July 1, 2025, for any area
41     in a municipality within 5,000 feet of a boundary of a runway of a significant private airport, a
42     municipality shall develop and maintain a compatible use plan:
43          (i) to ensure permitted uses and conditional uses near a significant private airport are
44     compatible with the safe operation of the significant private airport and safe development of
45     neighboring lands;
46          (ii) to provide guidelines for appropriate zoning near a significant private airport; and
47          (iii) to provide notice of potential impacts of the airport, including noise, vibration,
48     fumes, risk of aviation accidents, and other disturbances.
49          (b) To develop the compatible use plan, a municipality may consult with the Federal
50     Aviation Administration for an obstruction evaluation.
51          (3) A municipality shall publish the compatible use plan on the municipality's website.
52          (4) A municipality shall record with the county recorder and against any parcel within
53     5,000 feet of a runway of a significant private airport a notice of the airport compatible use
54     plan.
55          Section 2. Section 17-27a-534 is enacted to read:
56          17-27a-534. Land use compatibility with significant private airports.
57          (1) As used in this section:
58          (a) "Compatible use plan" means a compatible use plan pertaining to a significant
59     private airport as described in this section.
60          (b) "Significant private airport" means the same as that term is defined in Section
61     72-10-102.
62          (2) (a) Except as provided in Subsection (2)(b), on or before July 1, 2025, for any area
63     in a county within 5,000 feet of a boundary of a runway of a significant private airport, a
64     county shall develop and maintain a compatible use plan:
65          (i) to ensure permitted uses and conditional uses near a significant private airport are
66     compatible with the safe operation of the significant private airport and safe development of
67     neighboring lands;
68          (ii) to provide guidelines for appropriate zoning near a significant private airport; and
69          (iii) to provide notice of potential impacts of the airport, including noise, vibration,
70     fumes, risk of aviation accidents, and other disturbances.
71          (b) To develop the compatible use plan, a county may consult with the Federal
72     Aviation Administration for an obstruction evaluation.
73          (3) A county shall publish the compatible use plan on the county's website.
74          (4) A county shall record with the county recorder and against any parcel within 5,000
75     feet of a runway of a significant private airport a notice of the compatible use plan.
76          Section 3. Section 72-10-102 is amended to read:
77          72-10-102. Definitions.
78          As used in this chapter:
79          (1) "Acrobatics" means the intentional maneuvers of an aircraft not necessary to air
80     navigation.
81          (2) (a) "Advanced air mobility system" means a system that transports individuals and
82     property using piloted and unpiloted aircraft, including electric aircraft and electric vertical
83     takeoff and landing aircraft, in controlled or uncontrolled airspace.
84          (b) "Advanced air mobility system" includes each component of a system described in
85     Subsection (2)(a), including:
86          (i) the aircraft, including payload;
87          (ii) communications equipment;
88          (iii) navigation equipment;
89          (iv) controllers;
90          (v) support equipment; and
91          (vi) remote and autonomous functions.
92          (3) "Aerial transit corridor" means an airspace volume defining a three-dimensional
93     route segment with performance requirements to operate within or to cross where tactical air
94     traffic control separation services are not provided.
95          (4) "Aeronautics" means transportation by aircraft, air instruction, the operation, repair,
96     or maintenance of aircraft, and the design, operation, repair, or maintenance of airports, or
97     other air navigation facilities.
98          (5) "Aeronautics instructor" means any individual engaged in giving or offering to give
99     instruction in aeronautics, flying, or ground subjects, either with or without:
100          (a) compensation or other reward;
101          (b) advertising the occupation;
102          (c) calling his facilities an air school, or any equivalent term; or
103          (d) employing or using other instructors.
104          (6) "Aircraft" means any contrivance now known or in the future invented, used, or
105     designed for navigation of or flight in the air.
106          (7) "Air instruction" means the imparting of aeronautical information by any aviation
107     instructor or in any air school or flying club.
108          (8) "Airport" means any area of land, water, or both, that:
109          (a) is used or is made available for landing and takeoff;
110          (b) provides facilities for the shelter, supply, and repair of aircraft, and handling of
111     passengers and cargo;
112          (c) meets the minimum requirements established by the department as to size and
113     design, surface, marking, equipment, and operation; and
114          (d) includes all areas shown as part of the airport in the current airport layout plan as
115     approved by the Federal Aviation Administration.
116          (9) "Airport authority" means a political subdivision of the state, other than a county or
117     municipality, that is authorized by statute to operate an airport.
118          (10) "Airport operator" means a municipality, county, or airport authority that owns or
119     operates a commercial airport.
120          (11) (a) "Airport revenue" means[: (i)] all fees, charges, rents, or other payments
121     received by or accruing to an airport operator for any of the following reasons:
122          [(A)] (i) revenue from air carriers, tenants, lessees, purchasers of airport properties,
123     airport permittees making use of airport property and services, and other parties;
124          [(B)] (ii) revenue received from the activities of others or the transfer of rights to others
125     relating to the airport, including revenue received:
126          [(I)] (A) for the right to conduct an activity on the airport or to use or occupy airport
127     property;
128          [(II)] (B) for the sale, transfer, or disposition of airport real or personal property, or any
129     interest in that property, including transfer through a condemnation proceeding;
130          [(III)] (C) for the sale of, or the sale or lease of rights in, mineral, natural, or
131     agricultural products or water owned by the airport operator to be taken from the airport; and
132          [(IV)] (D) for the right to conduct an activity on, or for the use or disposition of, real or
133     personal property or any interest in real or personal property owned or controlled by the airport
134     operator and used for an airport-related purpose but not located on the airport; or
135          [(C)] (iii) revenue received from activities conducted by the airport operator whether
136     on or off the airport, which is directly connected to the airport operator's ownership or
137     operation of the airport[; and].
138          [(ii)] (b) "Airport revenue" includes state and local taxes on aviation fuel.
139          [(b)] (c) "Airport revenue" does not include amounts received by an airport operator as
140     passenger facility fees pursuant to 49 U.S.C. Sec. 40117.
141          (12) "Air school" means any person engaged in giving, offering to give, or advertising,
142     representing, or holding himself out as giving, with or without compensation or other reward,
143     instruction in aeronautics, flying, or ground subjects, or in more than one of these subjects.
144          (13) "Airworthiness" means conformity with requirements prescribed by the Federal
145     Aviation Administration regarding the structure or functioning of aircraft, engine, parts, or
146     accessories.
147          (14) "Civil aircraft" means any aircraft other than a public aircraft.
148          (15) "Commercial aircraft" means aircraft used for commercial purposes.
149          (16) "Commercial airport" means a landing area, landing strip, or airport that may be
150     used for commercial operations.
151          (17) "Commercial flight operator" means a person who conducts commercial
152     operations.
153          (18) "Commercial operations" means:
154          (a) any operations of an aircraft for compensation or hire or any services performed
155     incidental to the operation of any aircraft for which a fee is charged or compensation is
156     received, including the servicing, maintaining, and repairing of aircraft, the rental or charter of
157     aircraft, the operation of flight or ground schools, the operation of aircraft for the application or
158     distribution of chemicals or other substances, and the operation of aircraft for hunting and
159     fishing; or
160          (b) the brokering or selling of any of these services; but
161          (c) does not include any operations of aircraft as common carriers certificated by the
162     federal government or the services incidental to those operations.
163          (19) "Correctional facility" means the same as that term is defined in Section
164     77-16b-102.
165          (20) "Dealer" means any person who is actively engaged in the business of flying for
166     demonstration purposes, or selling or exchanging aircraft, and who has an established place of
167     business.
168          (21) "Experimental aircraft" means:
169          (a) any aircraft designated by the Federal Aviation Administration or the military as
170     experimental and used solely for the purpose of experiments, or tests regarding the structure or
171     functioning of aircraft, engines, or their accessories; and
172          (b) any aircraft designated by the Federal Aviation Administration as:
173          (i) being custom or amateur built; and
174          (ii) used for recreational, educational, or display purposes.
175          (22) "Flight" means any kind of locomotion by aircraft while in the air.
176          (23) "Flying club" means five or more persons who for neither profit nor reward own,
177     lease, or use one or more aircraft for the purpose of instruction, pleasure, or both.
178          (24) "Glider" means an aircraft heavier than air, similar to an airplane, but without a
179     power plant.
180          (25) "Mechanic" means a person who constructs, repairs, adjusts, inspects, or
181     overhauls aircraft, engines, or accessories.
182          (26) "Parachute jumper" means any person who has passed the required test for
183     jumping with a parachute from an aircraft, and has passed an examination showing that he
184     possesses the required physical and mental qualifications for the jumping.
185          (27) "Parachute rigger" means any person who has passed the required test for packing,
186     repairing, and maintaining parachutes.
187          (28) "Passenger aircraft" means aircraft used for transporting persons, in addition to the
188     pilot or crew, with or without their necessary personal belongings.
189          (29) "Person" means any individual, corporation, limited liability company, or
190     association of individuals.
191          (30) "Pilot" means any person who operates the controls of an aircraft while in-flight.
192          (31) "Primary glider" means any glider that has a gliding angle of less than 10 to one.
193          (32) "Private airport" means an airport that is not open or available for public use.
194          [(32)] (33) "Public aircraft" means an aircraft used exclusively in the service of any
195     government or of any political subdivision, including the government of the United States, of
196     the District of Columbia, and of any state, territory, or insular possession of the United States,
197     but not including any government-owned aircraft engaged in carrying persons or goods for
198     commercial purposes.
199          [(33)] (34) "Reckless flying" means the operation or piloting of any aircraft recklessly,
200     or in a manner as to endanger the property, life, or body of any person, due regard being given
201     to the prevailing weather conditions, field conditions, and to the territory being flown over.
202          [(34)] (35) "Registration number" means the number assigned by the Federal Aviation
203     Administration to any aircraft, whether or not the number includes a letter or letters.
204          [(35)] (36) "Secondary glider" means any glider that has a gliding angle between 10 to
205     one and 16 to one, inclusive.
206          (37) "Significant private airport" means a private airport that:
207          (a) is registered with the Federal Aviation Administration;
208          (b) appears on aeronautical charts published by the Federal Aviation Administration; Ĥ→
208a     and ←Ĥ
209          Ĥ→ [(c) has more than 50 based aircraft; and
210          (d) has significant infrastructure investment, such as paved runway, lighting, and fuel
211     facilities.] (c) has significant infrastructure investment, such as paved runway, lighting, fuel
211a     facilities, or more than 20 based aircraft. ←Ĥ
212          [(36)] (38) "Soaring glider" means any glider that has a gliding angle of more than 16
213     to one.
214          [(37)] (39) "Unmanned aircraft" means an aircraft that is:
215          (a) capable of sustaining flight; and
216          (b) operated with no possible direct human intervention from on or within the aircraft.
217          [(38)] (40) "Unmanned aircraft system" means the entire system used to operate an
218     unmanned aircraft, including:
219          (a) the unmanned aircraft, including payload;
220          (b) communications equipment;
221          (c) navigation equipment;
222          (d) controllers;
223          (e) support equipment; and
224          (f) autopilot functionality.
225          [(39)] (41) "Unmanned aircraft system traffic management" means a traffic
226     management ecosystem for uncontrolled operations, including unmanned aircraft systems, that
227     is separate from, but complementary to, the Federal Aviation Administration's air traffic
228     management system.
229          [(40)] (42) "Vertiport" means an area of land, or a structure, used or intended to be
230     used for electric, hydrogen, and hybrid vertical aircraft landings and takeoffs, including
231     associated buildings and facilities.
232          Section 4. Section 72-10-416 is enacted to read:
233          72-10-416. Purchase of air rights or avigation easements for private airports.
234          (1) A person owning a private airport may acquire by purchase or grant an air right, an
235     avigation easement, or other estate or interest in the property or nonconforming structure or use
236     in question to ensure safe operations of the private airport.
237          (2) A person owning a private airport may not acquire an air right or avigation
238     easement through condemnation.
239          Section 5. Effective date.
240          This bill takes effect on May 1, 2024.