Bill Summary – FastDemocracy

Enrolled Copy                                                                           H.B. 206
                              AIRPORT LAND USE AMENDMENTS
                                         2023 GENERAL SESSION
                                             STATE OF UTAH
                                 Chief Sponsor: Melissa G. Ballard
                                   Senate Sponsor: Todd D. Weiler
 6
 LONG TITLE
 General Description:
           This bill amends provisions related to land use requirements near an airport influence
 area.
 Highlighted Provisions:
           This bill:
           < amends definitions related to airport influence areas and airport overlay zones;
           < encourages a political subdivision to adopt land use regulations that protect airports,
 including:
               C   adopting airport overlay zones;
               C   notifying of airport impacts; and
               C   granting of avigation easements;
           < amends provisions related to governing law in the event of a conflict between land
 use regulations related to airport overlay zones;
           < amends provisions related to the acquisition of an avigation easement or similar
 rights;
           < repeals sections of code related to zoning and land use related to airports; and
           < makes technical changes.
 Money Appropriated in this Bill:
           None
 Other Special Clauses:
           None
 Utah Code Sections Affected:
       H.B. 206                                                                     Enrolled Copy
 AMENDS:
        10-9a-501, as last amended by Laws of Utah 2021, Chapter 60
        17-27a-501, as last amended by Laws of Utah 2021, Chapter 60
        72-10-401, as renumbered and amended by Laws of Utah 1998, Chapter 270
        72-10-402, as renumbered and amended by Laws of Utah 1998, Chapter 270
        72-10-403, as renumbered and amended by Laws of Utah 1998, Chapter 270
        72-10-404, as renumbered and amended by Laws of Utah 1998, Chapter 270
        72-10-413, as renumbered and amended by Laws of Utah 1998, Chapter 270
 REPEALS:
        72-10-405, as renumbered and amended by Laws of Utah 1998, Chapter 270
        72-10-406, as renumbered and amended by Laws of Utah 1998, Chapter 270
        72-10-407, as renumbered and amended by Laws of Utah 1998, Chapter 270
        72-10-408, as renumbered and amended by Laws of Utah 1998, Chapter 270
        72-10-409, as renumbered and amended by Laws of Utah 1998, Chapter 270
        72-10-410, as renumbered and amended by Laws of Utah 1998, Chapter 270
        72-10-411, as renumbered and amended by Laws of Utah 1998, Chapter 270
        72-10-412, as last amended by Laws of Utah 2018, Chapter 148
        72-10-414, as renumbered and amended by Laws of Utah 1998, Chapter 270
48
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 10-9a-501 is amended to read:
        10-9a-501. Enactment of land use regulation, land use decision, or development
 agreement.
        (1) Only a legislative body, as the body authorized to weigh policy considerations, may
 enact a land use regulation.
        (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
 regulation only by ordinance.
        (b) A legislative body may, by ordinance or resolution, enact a land use regulation that
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 imposes a fee.
        (3) A legislative body shall ensure that a land use regulation is consistent with the
 purposes set forth in this chapter.
        (4) (a) A legislative body shall adopt a land use regulation to:
        (i) create or amend a zoning district under Subsection 10-9a-503(1)(a); and
        (ii) designate general uses allowed in each zoning district.
        (b) A land use authority may establish or modify other restrictions or requirements
 other than those described in Subsection (4)(a), including the configuration or modification of
 uses or density, through a land use decision that applies criteria or policy elements that a land
 use regulation establishes or describes.
        (5) A municipality may not adopt a land use regulation, development agreement, or
 land use decision that restricts the type of crop that may be grown in an area that is:
        (a) zoned agricultural; or
        (b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
        (6) A municipal land use regulation pertaining to an airport or an airport influence area,
 as that term is defined in Section 72-10-401, is subject to Title 72, Chapter 10, Part 4, Airport
 Zoning Act.
        Section 2. Section 17-27a-501 is amended to read:
        17-27a-501. Enactment of land use regulation.
        (1) Only a legislative body, as the body authorized to weigh policy considerations, may
 enact a land use regulation.
        (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
 regulation only by ordinance.
        (b) A legislative body may, by ordinance or resolution, enact a land use regulation that
 imposes a fee.
        (3) A land use regulation shall be consistent with the purposes set forth in this chapter.
        (4) (a) A legislative body shall adopt a land use regulation to:
        (i) create or amend a zoning district under Subsection 17-27a-503(1)(a); and
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        H.B. 206                                                                           Enrolled Copy
         (ii) designate general uses allowed in each zoning district.
         (b) A land use authority may establish or modify other restrictions or requirements
 other than those described in Subsection (4)(a), including the configuration or modification of
 uses or density, through a land use decision that applies criteria or policy elements that a land
 use regulation establishes or describes.
         (5) A county may not adopt a land use regulation, development agreement, or land use
 decision that restricts the type of crop that may be grown in an area that is:
         (a) zoned agricultural; or
         (b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
         (6) A county land use regulation pertaining to an airport or an airport influence area, as
 that term is defined in Section 72-10-401, is subject to Title 72, Chapter 10, Part 4, Airport
 Zoning Act.
         Section 3. Section 72-10-401 is amended to read:
         72-10-401. Definitions.
         As used in this part, unless the context otherwise requires:
         (1) "Airport" means any publicly used area of land or water [designed and set aside]
 that is used, or intended to be used, for the landing and [taking-off] take-off of aircraft and
 utilized or to be utilized in the interest of the public for these purposes.
         [(2) "Airport hazard" means any structure or tree or use of land which obstructs the
 airspace required for the flight of aircraft in landing or taking-off at an airport or is otherwise
 hazardous to the landing or taking-off of aircraft.]
         [(3) "Airport hazard area" means any area of land or water upon which an airport
 hazard might be established if not prevented as provided in this part.]
         (2) "Airport hazard" means any structure, tree, object of natural growth, or use of land
 that potentially obstructs or otherwise impacts the safe and efficient utilization of the navigable
 airspace required for the flight of aircraft in landing or take-off at an airport.
         (3) "Airport influence area" means land located within 5,000 feet of an airport runway.
         (4) "Airport overlay zone" means a secondary zoning district designed to protect the
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        Enrolled Copy                                                                            H.B. 206
 public health, safety, and welfare near an airport that:
         (a) applies land use regulation in addition to the primary zoning district land use
 regulation of property used as an airport and property within an airport influence area;
         (b) may extend beyond the airport influence area;
         (c) ensures airport utility as a public asset;
         (d) protects property owner land values near an airport through compatible land use
 regulations as recommended by the Federal Aviation Administration; and
         (e) protects aircraft occupant safety through protection of navigable airspace.
         (5) "Avigation easement" means an easement permitting unimpeded aircraft flights
 over property subject to the easement and includes the right:
         (a) to create or increase noise or other effects that may result from the lawful operation
 of aircraft; and
         (b) to prohibit or remove any obstruction to such overflight.
         (6) "Land use regulation" means the same as that term is defined in Sections 10-9a-103
 and 17-27a-103.
         [(4)] (7) "Political subdivision" means any municipality, city, town, or county.
         [(5)] (8) "Structure" means any object constructed or installed by man, including
 buildings, towers, smokestacks, and overhead transmission lines.
         [(6)] (9) "Tree" means any object of natural growth.
         Section 4. Section 72-10-402 is amended to read:
         72-10-402. Declaration with respect to airport hazards.
         The Legislature finds that:
         (1) an airport hazard endangers the lives and property of users of the airport and of
 occupants of land in its vicinity;
         (2) an obstruction of the type that reduces the size of the area available for the landing,
 taking-off, and maneuvering of aircraft tends to destroy or impair the utility of the airport and
 the public investment in the airport;
         (3) the creation or establishment of an airport hazard is a public nuisance and an injury
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        H.B. 206                                                                           Enrolled Copy
 to the community served by the airport in question;
         (4) it is necessary in the interest of the public health, public safety, and general welfare
 that the creation or establishment of airport hazards be prevented;
         (5) this should be accomplished, to the extent legally possible, by exercise of the police
 power, without compensation; [and]
         (6) both the prevention of the creation or establishment of airport hazards and the
 elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards
 are public purposes for which political subdivisions may raise and expend public funds and
 acquire land or property interests in land[.]; and
         (7) the establishment of an airport overlay zone best prevents the creation or
 establishment of an airport hazard, and promotes the public health, safety, and general welfare.
         Section 5. Section 72-10-403 is amended to read:
         72-10-403. Airport zoning regulations.
         [(1) (a) In order to prevent the creation or establishment of airport hazards, every
 political subdivision having an airport hazard area within its territorial limits may adopt,
 administer, and enforce, under the police power and in the manner and upon the conditions
 prescribed in this part, airport zoning regulations for the airport hazard area.]
         [(b) The regulations may divide the area into zones, and, within the 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) (a) If an airport is owned or controlled by a political subdivision and any airport
 hazard area appertaining to the airport is located outside the territorial limits of the political
 subdivision, the political subdivision owning or controlling the airport and the political
 subdivision within which the airport hazard area is located may, by ordinance or resolution
 duly adopted, create a joint airport zoning board.]
         [(b) The board shall have the same power to adopt, administer, and enforce airport
 zoning regulations applicable to the airport hazard area in question as that vested by Subsection
 (1) in the political subdivision within which the area is located.]
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        [(c) Each joint board shall have as members two representatives appointed by each
 political subdivision participating in its creation and in addition a chair elected by a majority of
 the appointed members.]
        (1) In order to prevent the creation or establishment of airport hazards, each political
 subdivision located within an airport influence area, shall adopt, administer, and enforce land
 use regulations for the airport influence area, including an airport overlay zone, under the
 police power and in the manner and upon the conditions prescribed:
        (a) in this part;
        (b) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act;
 and
        (c) Title 17, Chapter 27a, County Land Use Development, and Management Act.
        (2) (a) Each political subdivision located within an airport influence area shall notify a
 person building on or developing land in an airport influence area, in writing, of aircraft
 overflights and associated noise.
        (b) To promote the safe and efficient operation of the airport, a political subdivision
 located within an airport influence area:
        (i) shall:
        (A) adopt an airport overlay zone conforming to the requirements of this chapter and
 14 C.F.R. Part 77; and
        (B) require any proposed development within an airport influence area to conform with
 14 C.F.R. Part 77; and
        (ii) may, as a condition to granting a building permit, subdivision plat, or a requested
 zoning change within an airport influence area, require a person building or developing land to
 grant or sell to the airport owner, at appraised fair market value, an avigation easement.
        (3) If a political subdivision located within an airport influence area fails to adopt an
 airport overlay zone by December 31, 2024, then the following requirements shall apply in an
 airport influence area:
        (a) each political subdivision located within an airport influence area shall notify a
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        H.B. 206                                                                            Enrolled Copy
 person building on or developing land within an airport influence area, in writing, of aircraft
 overflights and associated noise;
         (b) as a condition to granting a building permit, subdivision plat, or a requested zoning
 change within an airport influence area, require the person building or developing land to grant
 or sell to the airport owner, at appraised fair market value, an avigation easement; and
         (c) require a person building or developing land within an airport influence area
 conform to the requirements of this chapter and 14 C.F.R. Part 77.
         Section 6. Section 72-10-404 is amended to read:
         72-10-404. Zoning ordinances -- Governing law in event of conflict.
         [(1) In the event that a political subdivision has adopted or adopts a comprehensive
 zoning ordinance regulating the height of buildings, any airport zoning regulations applicable
 to the same area or a portion of the area may be incorporated in and made a part of
 comprehensive zoning regulations, and be administered and enforced in connection with the
 comprehensive zoning regulations. (2)] In the event of conflict between any airport [zoning]
 land use regulations adopted under this part and any other regulations applicable to the same
 area, whether the conflict be with respect to the height of structures or trees, the use of land, or
 any other matter, [and whether the other regulations were adopted by the political subdivision
 which adopted the airport zoning regulations or by some other political subdivision, the more
 stringent limitation or requirement] the airport overlay zone requirement shall govern and
 prevail.
         Section 7. Section 72-10-413 is amended to read:
         72-10-413. Purchase or condemnation of air rights or navigation easements.
         A political subdivision [within which the property or nonconforming use is located or
 the political subdivision] owning the airport [or], whether or not the airport is located within
 the territorial limits of the political subdivision, or a political subdivision that is served by [it]
 the airport may acquire, by purchase, grant, or condemnation in the manner provided by the law
 under which political subdivisions are authorized to acquire real property for public purposes,
 an air right, [navigation] an avigation easement, or other estate or interest in the property or
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 nonconforming structure or use in question if:
          (1) it is desired to remove, lower, or otherwise terminate a nonconforming structure