Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 206 (2023GS)

Sponsor

Rep. Ballard, M.G.

Final action

Governor Signed 3/13/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• 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:
• adopting airport overlay zones;
• notifying of airport impacts; and
• 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.

Every vote on this bill

Bill text

AIRPORT LAND USE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melissa G. Ballard
Senate Sponsor: 
Todd D. Weiler
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:
• adopting airport overlay zones;
• notifying of airport impacts; and
• 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:
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
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
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
(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
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
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.
]
[
(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
C.F.R. Part 77; and
(B) require any proposed development within an airport influence area to conform with
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
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
nonconforming structure or use in question if:
(1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or
use;
(2) the approach protection necessary cannot, because of constitutional limitations, be
provided by airport [
zoning
] 
land use
 regulations under this part; or
(3) it appears advisable that the necessary approach protection be provided by
acquisition of property rights rather than by airport zoning regulations.
Section 8. 
Repealer.
This bill repeals:
Section 
72-10-405
,
Airport zoning regulations -- Adoption and amendment --
Airport zoning commission -- Powers and duties.
Section 
72-10-406
,
Airport zoning regulations -- Validity, limitations, and
restrictions.
Section 
72-10-407
,
Permit for new or changed structures or uses -- Nonconforming
structures -- Airport hazards -- Application to board of adjustment for variance --
Allowance of variance -- Conditioning permit or variance.
Section 
72-10-408
,
Appeals to board of adjustment -- Procedure -- Stay of
proceedings -- Hearing and judgment.
Section 
72-10-409
,
Airport zoning regulations -- Administration and enforcement.
Section 
72-10-410
,
Board of adjustment -- Powers -- Appointment and
membership of board -- Hearings and decisions by board -- Meetings -- Adoption of
rules.
Section 
72-10-411
,
Appeals to district courts -- Procedure -- Findings, judgment,
and costs -- Regulations invalid as to one structure or parcel of land.
Section 
72-10-412
,
Violations of chapter or rulings -- Misdemeanor -- Remedies of
political subdivisions.
Section 
72-10-414
,
Exchange of private property near federal airports.