Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                               H.B. 258
Approved for Filing: K.P. Gasser 6
          6 01-11-24 5:20 PM 6
                            AIRPORT LAND USE AMENDMENTS
                                       2024 GENERAL SESSION
                                           STATE OF UTAH
                              Chief Sponsor: Melissa G. Ballard
                               Senate Sponsor: Wayne A. Harper
 6
 LONG TITLE
 General Description:
         This bill enacts provisions related to compatible land use plans near certain private
 airports.
 Highlighted Provisions:
         This bill:
         < defines terms related to private airports;
         < requires local governments to create and maintain a compatible use plan to provide
 notice of potential impacts of the operations of certain private airports and
 encourage land use decisions that are compatible with the private airport;
         < requires local governments to publish and record notice of the compatible use plans;
         < allows a private airport owner to purchase an air right or avigation easement; and
         < makes technical changes.
 Money Appropriated in this Bill:
         None
 Other Special Clauses:
         None
 Utah Code Sections Affected:
 AMENDS:
                                                                                                      H.B. 258
         72-10-102, as last amended by Laws of Utah 2023, Chapter 216
 ENACTS:
     *HB0258*
       H.B. 258                                                                    01-11-24 5:20 PM
         10-9a-538, Utah Code Annotated 1953
         17-27a-534, Utah Code Annotated 1953
         72-10-416, Utah Code Annotated 1953
31
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 10-9a-538 is enacted to read:
         10-9a-538. Land use compatibility with significant private airports.
         (1) As used in this section:
         (a) "Compatible use plan" means a compatible use plan pertaining to a significant
 private airport as described in this section.
         (b) "Significant private airport" means the same as that term is defined in Section
 72-10- 102.
         (2) (a) Except as provided in Subsection (2)(b), on or before July 1, 2025, for any area
 in a municipality within 5,000 feet of a boundary of a runway of a significant private airport, a
 municipality shall develop and maintain a compatible use plan:
         (i) to ensure permitted uses and conditional uses near a significant private airport are
 compatible with the safe operation of the significant private airport and safe development of
 neighboring lands;
         (ii) to provide guidelines for appropriate zoning near a significant private airport; and
         (iii) to provide notice of potential impacts of the airport, including noise, vibration,
 fumes, risk of aviation accidents, and other disturbances.
         (b) To develop the compatible use plan, a municipality may consult with the Federal
 Aviation Administration for an obstruction evaluation.
         (3) A municipality shall publish the compatible use plan on the municipality's website.
         (4) A municipality shall record with the county recorder and against any parcel within
 5,000 feet of a runway of a significant private airport a notice of the airport compatible use
 plan.
         Section 2. Section 17-27a-534 is enacted to read:
         17-27a-534. Land use compatibility with significant private airports.
         (1) As used in this section:
         (a) "Compatible use plan" means a compatible use plan pertaining to a significant
                                                      -2-
       01-11-24 5:20 PM                                                                         H.B. 258
 private airport as described in this section.
        (b) "Significant private airport" means the same as that term is defined in Section
 72-10-102.
        (2) (a) Except as provided in Subsection (2)(b), on or before July 1, 2025, for any area
 in a county within 5,000 feet of a boundary of a runway of a significant private airport, a
 county shall develop and maintain a compatible use plan:
        (i) to ensure permitted uses and conditional uses near a significant private airport are
 compatible with the safe operation of the significant private airport and safe development of
 neighboring lands;
        (ii) to provide guidelines for appropriate zoning near a significant private airport; and
        (iii) to provide notice of potential impacts of the airport, including noise, vibration,
 fumes, risk of aviation accidents, and other disturbances.
        (b) To develop the compatible use plan, a county may consult with the Federal
 Aviation Administration for an obstruction evaluation.
        (3) A county shall publish the compatible use plan on the county's website.
        (4) A county shall record with the county recorder and against any parcel within 5,000
 feet of a runway of a significant private airport a notice of the compatible use plan.
        Section 3. Section 72-10-102 is amended to read:
        72-10-102. Definitions.
        As used in this chapter:
        (1) "Acrobatics" means the intentional maneuvers of an aircraft not necessary to air
 navigation.
        (2) (a) "Advanced air mobility system" means a system that transports individuals and
 property using piloted and unpiloted aircraft, including electric aircraft and electric vertical
 takeoff and landing aircraft, in controlled or uncontrolled airspace.
        (b) "Advanced air mobility system" includes each component of a system described in
 Subsection (2)(a), including:
        (i) the aircraft, including payload;
        (ii) communications equipment;
        (iii) navigation equipment;
        (iv) controllers;
                                                      -3-
        H.B. 258                                                                     01-11-24 5:20 PM
         (v) support equipment; and
         (vi) remote and autonomous functions.
         (3) "Aerial transit corridor" means an airspace volume defining a three-dimensional
 route segment with performance requirements to operate within or to cross where tactical air
 traffic control separation services are not provided.
         (4) "Aeronautics" means transportation by aircraft, air instruction, the operation, repair,
 or maintenance of aircraft, and the design, operation, repair, or maintenance of airports, or
 other air navigation facilities.
         (5) "Aeronautics instructor" means any individual engaged in giving or offering to give
 instruction in aeronautics, flying, or ground subjects, either with or without:
         (a) compensation or other reward;
         (b) advertising the occupation;
         (c) calling his facilities an air school, or any equivalent term; or
         (d) employing or using other instructors.
         (6) "Aircraft" means any contrivance now known or in the future invented, used, or
 designed for navigation of or flight in the air.
         (7) "Air instruction" means the imparting of aeronautical information by any aviation
 instructor or in any air school or flying club.
         (8) "Airport" means any area of land, water, or both, that:
         (a) is used or is made available for landing and takeoff;
         (b) provides facilities for the shelter, supply, and repair of aircraft, and handling of
 passengers and cargo;
         (c) meets the minimum requirements established by the department as to size and
 design, surface, marking, equipment, and operation; and
         (d) includes all areas shown as part of the airport in the current airport layout plan as
 approved by the Federal Aviation Administration.
         (9) "Airport authority" means a political subdivision of the state, other than a county or
 municipality, that is authorized by statute to operate an airport.
         (10) "Airport operator" means a municipality, county, or airport authority that owns or
 operates a commercial airport.
         (11) (a) "Airport revenue" means[: (i)] all fees, charges, rents, or other payments
                                                         -4-
        01-11-24 5:20 PM                                                                            H.B. 258
 received by or accruing to an airport operator for any of the following reasons:
        [(A)] (i) revenue from air carriers, tenants, lessees, purchasers of airport properties,
 airport permittees making use of airport property and services, and other parties;
        [(B)] (ii) revenue received from the activities of others or the transfer of rights to others
 relating to the airport, including revenue received:
        [(I)] (A) for the right to conduct an activity on the airport or to use or occupy airport
 property;
        [(II)] (B) for the sale, transfer, or disposition of airport real or personal property, or any
 interest in that property, including transfer through a condemnation proceeding;
        [(III)] (C) for the sale of, or the sale or lease of rights in, mineral, natural, or
 agricultural products or water owned by the airport operator to be taken from the airport; and
        [(IV)] (D) for the right to conduct an activity on, or for the use or disposition of, real or
 personal property or any interest in real or personal property owned or controlled by the airport
 operator and used for an airport-related purpose but not located on the airport; or
        [(C)] (iii) revenue received from activities conducted by the airport operator whether
 on or off the airport, which is directly connected to the airport operator's ownership or
 operation of the airport[; and].
        [(ii)] (b) "Airport revenue" includes state and local taxes on aviation fuel.
        [(b)] (c) "Airport revenue" does not include amounts received by an airport operator as
 passenger facility fees pursuant to 49 U.S.C. Sec. 40117.
        (12) "Air school" means any person engaged in giving, offering to give, or advertising,
 representing, or holding himself out as giving, with or without compensation or other reward,
 instruction in aeronautics, flying, or ground subjects, or in more than one of these subjects.
        (13) "Airworthiness" means conformity with requirements prescribed by the Federal
 Aviation Administration regarding the structure or functioning of aircraft, engine, parts, or
 accessories.
        (14) "Civil aircraft" means any aircraft other than a public aircraft.
        (15) "Commercial aircraft" means aircraft used for commercial purposes.
        (16) "Commercial airport" means a landing area, landing strip, or airport that may be
 used for commercial operations.
        (17) "Commercial flight operator" means a person who conducts commercial
                                                        -5-
        H.B. 258                                                                     01-11-24 5:20 PM
 operations.
        (18) "Commercial operations" means:
        (a) any operations of an aircraft for compensation or hire or any services performed
 incidental to the operation of any aircraft for which a fee is charged or compensation is
 received, including the servicing, maintaining, and repairing of aircraft, the rental or charter of
 aircraft, the operation of flight or ground schools, the operation of aircraft for the application or
 distribution of chemicals or other substances, and the operation of aircraft for hunting and
 fishing; or
        (b) the brokering or selling of any of these services; but
        (c) does not include any operations of aircraft as common carriers certificated by the
 federal government or the services incidental to those operations.
        (19) "Correctional facility" means the same as that term is defined in Section
 77-16b-102.
        (20) "Dealer" means any person who is actively engaged in the business of flying for
 demonstration purposes, or selling or exchanging aircraft, and who has an established place of
 business.
        (21) "Experimental aircraft" means:
        (a) any aircraft designated by the Federal Aviation Administration or the military as
 experimental and used solely for the purpose of experiments, or tests regarding the structure or
 functioning of aircraft, engines, or their accessories; and
        (b) any aircraft designated by the Federal Aviation Administration as:
        (i) being custom or amateur built; and
        (ii) used for recreational, educational, or display purposes.
        (22) "Flight" means any kind of locomotion by aircraft while in the air.
        (23) "Flying club" means five or more persons who for neither profit nor reward own,
 lease, or use one or more aircraft for the purpose of instruction, pleasure, or both.
        (24) "Glider" means an aircraft heavier than air, similar to an airplane, but without a
 power plant.
        (25) "Mechanic" means a person who constructs, repairs, adjusts, inspects, or
 overhauls aircraft, engines, or accessories.
        (26) "Parachute jumper" means any person who has passed the required test for
                                                       -6-
         01-11-24 5:20 PM                                                                         H.B. 258
  jumping with a parachute from an aircraft, and has passed an examination showing that he
  possesses the required physical and mental qualifications for the jumping.
            (27) "Parachute rigger" means any person who has passed the required test for packing,
  repairing, and maintaining parachutes.
            (28) "Passenger aircraft" means aircraft used for transporting persons, in addition to the
  pilot or crew, with or without their necessary personal belongings.
            (29) "Person" means any individual, corporation, limited liability company, or
  association of individuals.
            (30) "Pilot" means any person who operates the controls of an aircraft while in-flight.
            (31) "Primary glider" means any glider that has a gliding angle of less than 10 to one.
            (32) "Private airport" means an airport that is not open or available for public use.
            [(32)] (33) "Public aircraft" means an aircraft used exclusively in the service of any
  government or of any political subdivision, including the government of the United States, of
  the District of Columbia, and of any state, territory, or insular possession of the United States,
  but not including any government-owned aircraft engaged in carrying persons or goods for
  commercial purposes.
            [(33)] (34) "Reckless flying" means the operation or piloting of any aircraft recklessly,
  or in a manner as to endanger the property, life, or body of any person, due regard being given
  to the prevailing weather conditions, field conditions, and to the territory being flown over.
            [(34)] (35) "Registration number" means the number assigned by the Federal Aviation
  Administration to any aircraft, whether or not the number includes a letter or letters.
            [(35)] (36) "Secondary glider" means any glider that has a gliding angle between 10 to
  one and 16 to one, inclusive.
            (37) "Significant private airport" means a private airport that:
            (a) is registered with the Federal Aviation Administration;
            (b) appears on aeronautical charts published by the Federal Aviation Administration;         º
208a and »
             º [(c) has more than 50 based aircraft; and
           (d) has significant infrastructure investment, such as paved runway, lighting, and fuel
 facilities.] (c) has significant infrastructure investment, such as paved runway, lighting, fuel
211a facilities, or more than 20 based aircraft. »
            [(36)] (38) "Soaring glider" means any glider that has a gliding angle of more than 16
  to one.
                                                         -7-       House Committee Amendments 1-23-2024 ho/kpg
        H.B. 258                                                                   01-11-24 5:20 PM
        [(37)] (39) "Unmanned aircraft" means an aircraft that is:
        (a) capable of sustaining flight; and
        (b) operated with no possible direct human intervention from on or within the aircraft.
        [(38)] (40) "Unmanned aircraft system" means the entire system used to operate an
 unmanned aircraft, including:
        (a) the unmanned aircraft, including payload;
        (b) communications equipment;
        (c) navigation equipment;
        (d) controllers;
        (e) support equipment; and
        (f) autopilot functionality.
        [(39)] (41) "Unmanned aircraft system traffic management" means a traffic
 management ecosystem for uncontrolled operations, including unmanned aircraft systems, that
 is separate from, but complementary to, the Federal Aviation Administration's air traffic
 management system.
        [(40)] (42) "Vertiport" means an area of land, or a structure, used or intended to be
 used for electric, hydrogen, and hybrid vertical aircraft landings and takeoffs, including
 associated buildings and facilities.
        Section 4. Section 72-10-416 is enacted to read:
        72-10-416. Purchase of air rights or avigation easements for private airports.
        (1) A perso