Constitution of the United States of America, Freedom Documents

I D A H O S T A T E L E G I S L A T U R E

TITLE 21 AERONAUTICS

CHAPTER 5 - AIRPORT ZONING ACT

21-501.Definitions. Definitions as used in this chapter, unless the context otherwise requires: (1) "Airport" means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. The term "airport" shall include such other common terms as aviation field, airfield, intermediate landing field, landing field, landing area, airstrip, and landing strip. For the purposes of this chapter, the term "airport" refers to a publicly owned and managed facility that is open for public use without operational restrictions on its use. (2) "Aviation hazard" means any new or existing structure, object of natural growth, use of land, or modification thereto, which endangers the lives and property of users of an airport, or of occupants of land in its vicinity, and that reduces the size of the area available for landing, taking off and maneuvering of aircraft, or extends up into the airspace between airports to cause disastrous and needless loss of life and property. (3) "Aviation hazard area" means any area of land or water upon which an aviation hazard might be established if not prevented as provided in this chapter. (4) "Political subdivision" means any municipality, city or county. (5) "Person" means any individual, firm, copartnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. (6) "Structure" means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines. (7) "Tree" means any object of natural growth. (8) "State" or "this state" means the state of Idaho. (9) "Department" means the Idaho transportation department. (10) "Director" means the director of the Idaho transportation department or his agent. (11) "Board" means the Idaho transportation board.

21-502.Aviation hazards contrary to public interest. It is hereby found that an aviation hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is hereby declared: (a) That the creation or establishment of an aviation hazard is a public nuisance and an injury to the community served by the airport in question; (b) That it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of aviation hazards be prevented; (c) That this should be accomplished, to the extent legally possible, by exercise of the police power, without compensation. It is further declared that both the prevention of the creation or establishment of aviation hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing aviation hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land and property interests therein.

21-503.Airport zoning regulations. (1) Power to Adopt Regulations. In order to prevent the creation or establishment of aviation hazard, the state of Idaho, by and through the Idaho transportation department, may adopt, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations for aviation hazard areas within the state, which regulations may divide such area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow. (2) Method of Adopting Zoning Regulations. The department shall promulgate and adopt in the manner and in conformance with the procedure set forth in this chapter such reasonable regulations for the zoning of airports, aviation hazard areas and aviation hazards within the state as may be reasonably necessary to accomplish the highest degree of safety for airflight operations. Prior to adopting any zoning regulations: (a) The director shall cause to be prepared a map or maps as the individual situation may require, for each airport, and surrounding aviation hazard area to be zoned. Such map shall contain a description of the exterior boundaries of the area to be included within the zoning regulations, the boundaries and runways of the airport and shall disclose the existing and any planned approaches to the subject airport, the proposed glide angles and restricted areas deemed necessary by the director, and such other information as may be deemed helpful by the director to fairly portray the areas involved and the airspace required. (b) The director shall also cause to be prepared proposed regulations setting forth the various zones within the area and the restrictions applicable to each. Zones may be named or numbered or otherwise designated to distinguish one zone from another. (c) Such proposed regulations and the map or maps of the area involved shall be filed with the county recorder of the county or counties in which the airport or any part thereof is situated. (d) To amend any adopted zoning regulations the director shall proceed in the same manner set forth for the adoption of regulations except that he need only give notice and file maps and regulations that relate to the particular amendment to be made. Upon the approval and designation of any airport in this state the department may immediately thereafter take such steps necessary under this chapter to zone the aviation hazard area adjacent to such airport and the department shall, if requested by the owners of any existing airport which has heretofore been approved and designated and which is open to public use, take such steps necessary under this chapter to zone the aviation hazard area adjacent to such airport, or the director may proceed to zone any such area without such a request.

21-504.Procedure for zoning an aviation hazard area. No aviation hazard shall be zoned or an existing zoning amended or changed by the department except after a public hearing in relation thereto, at which hearing parties in interest and any citizen shall have an opportunity to be heard. At least fifteen (15) days’ notice of such hearing shall be published in a newspaper of general circulation printed in the county in which such aviation hazard is situated and if there be no such newspaper, then by posting a copy of the notice in three (3) of the most public places in the county. The notice shall refer all persons interested to the maps of the area involved and the proposed regulations on file with the county recorder of the county in which the airport is located. The date, time and place of the hearings shall also be set forth in the notice. At such hearing all persons interested may appear either in person, in writing or by counsel and make any objections they may have to the proposed regulations. The director shall preside at the hearing and a record of all objections filed shall be kept on file in the office of the director. The meeting may be continued from day to day to permit all who appear on the day of the hearing adequate time to be heard and the proposed regulations may at the conclusion of the hearing be declared adopted by the director or he may amend the regulations by lessening the requirements contained therein and declare the amended regulations adopted but the director shall not increase the regulations without repeating the notice provided for by this section. After the regulations have been adopted copies thereof and copies of the maps corrected to reflect the regulations as approved by the director shall be permanently filed with the county recorder of the county in which the airport or any part thereof is situated.

21-505.Airport zoning requirements. All airport zoning regulations and rules promulgated under this chapter shall be reasonable and none shall impose any requirement or restriction which is not reasonably necessary to effectuate the purpose of this chapter. In determining what regulations shall be adopted, the department shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the aviation hazard area, the character of the neighborhood, and the uses to which the property to be zoned is put and adaptable.

21-505A.Permits and variances -- Marking and lighting. Any airport zoning regulations adopted under this chapter may require that a permit be obtained from the director before any new structure or use may be constructed or established within the zoned area. Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use his property in violation of airport zoning regulations adopted under this chapter may apply to the director of the Idaho transportation department for a special permit authorizing such action. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty and unnecessary hardship and the relief granted would not be contrary to the public interest or create undue hazards to air flight. Any such special permits may be allowed subject to such reasonable conditions as the director may deem necessary to effectuate the purposes of the regulations, including the condition that the owners of the structure or tree in question permit the department or other political subdivision of this state having an interest in the airport in question to install, operate and maintain thereon at its own expense such markers and lights as may be necessary to indicate to flyers the presence of an aviation hazard.

21-505B.Relation to comprehensive zoning regulations. In the event that a political subdivision of this state has adopted or hereafter adopts, a comprehensive zoning ordinance or regulation covering the same area or portions thereof that may be covered by any regulations adopted under this act, then the airport zoning regulations applicable to the area may be incorporated in and made a part of such comprehensive zoning regulations and be administered and enforced in connection therewith. In the event of conflict between any airport zoning regulations adopted under this act and any other regulations applicable to the same area the more stringent limitations or requirement shall govern and prevail.

21-506.Judicial review. Any person aggrieved, or any taxpayer affected, by any decision of the department may appeal any zoning regulation or order affecting such person or taxpayer to the district court of the judicial district in which the aviation hazard area involved is situated, in the same manner in which appeals are taken from the board of county commissioners to the district court. The court shall have jurisdiction to affirm, modify or set aside the regulations appealed from but the invalidity of one (1) regulation shall not affect the validity of the remaining regulations. In any case in which airport zoning regulations adopted under this chapter, although generally reasonable, are held by the court having jurisdiction to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to such a structure or parcel of land as to constitute a taking or deprivation of that property in violation of the constitution of this state or the constitution of the United States such holding shall not affect the application of such regulations to other structures or parcels of land.

2009 Bill Search Examples: H0001*, S1002*, HR003*, h*, S*, hjm* Printer Friendly Version Idaho Statutes TITLE 21 AERONAUTICS CHAPTER 5 AIRPORT ZONING ACT 21-507.Enforcement and remedies. Each violation of this act or of any regulations, orders, or rulings promulgated or made pursuant to this act, shall constitute a misdemeanor and shall be punishable by a fine of not more than $300 or imprisonment for not more than six (6) months or by both such fine and imprisonment, and each day a violation continues to exist shall constitute a separate offense. In addition, the department in behalf of the state may institute in any court of competent jurisdiction, an action to prevent, restrain, correct or abate any violation of this act, or of airport zoning regulations adopted under this act, or of any order or ruling made in connection with the administration or enforcement, and the court shall adjudge to the plaintiff such relief, by way of injunction, which may be mandatory or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of this act and of the regulations adopted and orders and rulings made pursuant thereto.

21-508.Acquisition of air rights. In any case in which: (1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or use; or (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this act; or (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which the state is authorized to acquire real property for public purposes, such air right, navigation easement, or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purposes of this act.

21-509.Separability. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

21-510.Short title. This act shall be known and may be cited as "The Airport Zoning Act."

21-511.State land adjacent to public airport -- Notice of intention to sell or lease. No land owned by the state of Idaho adjacent to a public airport, or adjacent to land acquired for use in connection with such airport, shall be sold or leased without first giving to the public authorities owning such airport at least twenty (20) days’ written notice of the intention to sell or lease such state land.

21-512.Authority to sell or lease. The state board of land commissioners is hereby authorized to lease any state lands adjacent to any public airport, or adjacent to lands acquired for use in connection with such airport, for public airport purposes, or for use in connection with such airport, upon such conditions as the board may determine for the best interests of the state, and for such term as said lands shall be used or be deemed desirable for use in connection with such public airport, provided, however, that any granted lands from the United States government to the state under the provisions of section 5 of the Idaho Admission Bill [26 Stat. at Large, ch. 656, p. 215] may be leased for a term not exceeding five (5) years.

21-513.Declaration of policy. As a guide to the interpretation and application of this act, the public policy of this state is declared to be that any hazard to the safety of air flight may cause disastrous and needless loss of life and property, that safety in air flight is of paramount importance for the protection and well-being of the people, that the use of the air space is constantly increasing and is vital to the continued growth, development and enjoyment of the great natural resources and economy of this state and that the general welfare of the citizens of this state requires, under the police powers of the state, that maximum safety precautions to air commerce be enacted and maintained.

21-514.Definition of terms. As used in this act the terms structure, person, department and director shall have the meanings defined in section 21-501, Idaho Code.

21-515.Marking of hazards to air flight. Any structure when determined by the director of the Idaho transportation department to be a hazard or potential hazard to the safe flight of aircraft shall be plainly marked, illuminated, painted, lighted or designated in a manner to be approved by the director, so that the same will be clearly visible to airmen.

21-516.Determination of hazards. In determining the structures which are or may be a hazard to air flight the director shall consider the terrain, character of the neighborhood, uses to which the structure and surrounding property may be adaptable, and the character of the flying operations expected to be conducted in the area.

21-517.Procedure for determination of hazards. When the director determines that a structure is a probable hazard within the meaning of this chapter, he shall notify the owner of the land, or operator or owner of the structure who shall have twenty (20) days after the receipt of such notice to show cause why such structure should not be determined to be a hazard.

21-518.Judicial review. Any person aggrieved by the decision of the director in making a determination within the meaning of this act may appeal such determination to the district court of the judicial district in which such structure is situated in the same manner in which appeals are taken from the board of county commissioners to the district court.

21-519.Rules and regulations. The director of the Idaho transportation department shall adopt and may, as conditions require, amend such rules and regulations as he deems necessary to provide reasonable standards of marking, painting, lighting, illuminating, designating and maintaining any such air flight hazards to the end that the same will be made clearly visible to airmen in order that maximum safety may be provided for air flight.

21-520.Violation of act, penalties, injunction. Whenever any person refuses or neglects to illuminate, mark, paint, designate or light, as required by this act, a structure owned or operated by him after the same has been designated by the director to be an obstruction to air flight, he shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $100, nor more than $300, for each offense, or the director may maintain an action in the name of the state of Idaho to compel compliance by mandatory injunction. That after the first conviction and fine, every subsequent period of 30 days during which such person neglects to comply with the provisions of this section, shall constitute a separate offense and be punishable as provided herein.

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