Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 44 (2025GS)

Sponsor

Rep. Ballard, Melissa G.

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms related to private airports;
• requires local governments to provide and record notice of the certain information about the name and location of certain private airports; and
• makes technical changes.

Every vote on this bill

Bill text

8
10-9a-541
17-27a-536
72-10-102
72-10-416
Private Airport Notice Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melissa G. Ballard
Senate Sponsor: Wayne A. Harper
LONG TITLE
General Description:
This bill enacts provisions related to notice of private airports.
Highlighted Provisions:
This bill:
defines terms related to private airports;
requires local governments to provide and record notice of certain information about the 
name and location of certain private airports; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
72-10-102
, as last amended by Laws of Utah 2024, Chapter 483
ENACTS:
10-9a-541
, Utah Code Annotated 1953
17-27a-536
, Utah Code Annotated 1953
72-10-416
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
10-9a-541
 is enacted to read:
10-9a-541. Notice of significant private airports.
(1)
As used in this section, "significant private airport" means the same as that term is 
defined in Section 
72-10-102
.
(2)
If a municipality receives a notification described in Section 
72-10-416
, the land use 
authority of the municipality shall record with the county recorder and against any 
existing residential parcel within 2,500 feet of a runway of a significant private airport 
located within the boundary of the municipality a notice with the following language: 
"In accordance with Utah Code Section 
10-9a-541
, notice is hereby given that the 
subject property is located within 2,500 feet of a runway of a significant airport that as 
of [INSERT THE DATE OF THE RECORDING] is known as [AIRPORT NAME] and 
is located at [INSERT THE ADDRESS OF THE SIGNIFICANT PRIVATE 
AIRPORT]. Said notice boundary more accurately described as [INSERT BOUNDARY 
LEGAL DESCRIPTION OF ALL PROPERTY WITHIN 2,500 FEET OF RUNWAY]."
Section 2, Section 
17-27a-536
 is enacted to read:
17-27a-536. Notice of significant private airports.
(1)
As used in this section, "significant private airport" means the same as that term is 
defined in Section 
72-10-102
.
(2)
If a county receives a notification described in Section 
72-10-416
, the land use authority 
of the county shall record with the county recorder and against any existing residential 
parcel within 2,500 feet of a runway of a significant private airport located within an 
unincorporated area within the boundary of the county a notice with the following 
language: "In accordance with Utah Code Section 
17-27a-536
, notice is hereby given 
that the subject property is located within 2,500 feet of a runway of a significant airport 
that as of [INSERT THE DATE OF THE RECORDING] is known as [AIRPORT 
NAME] and is located at [INSERT THE ADDRESS OF THE SIGNIFICANT 
PRIVATE AIRPORT]. Said notice boundary more accurately described as [INSERT 
BOUNDARY LEGAL DESCRIPTION OF ALL PROPERTY WITHIN 2,500 FEET OF 
RUNWAY]."
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;
(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 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 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)
"Navigable airspace" means the same as that term is defined in 49 U.S.C. Sec. 40102.
(27)
"Parachute jumper" means any person who has passed the required test for 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.
(28)
"Parachute rigger" means any person who has passed the required test for packing, 
repairing, and maintaining parachutes.
(29)
"Passenger aircraft" means aircraft used for transporting persons, in addition to the 
pilot or crew, with or without their necessary personal belongings.
(30)
"Person" means any individual, corporation, limited liability company, or association 
of individuals.
(31)
"Pilot" means any person who operates the controls of an aircraft while in-flight.
(32)
"Primary glider" means any glider that has a gliding angle of less than 10 to one.
(33)
"Private airport" means an airport that is not open or available for public use.
(33)
(34)
"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.
(34)
(35)
"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.
(35)
(36)
"Registration number" means the number assigned by the Federal Aviation 
Administration to any aircraft, whether or not the number includes a letter or letters.
(36)
(37)
"Roadable aircraft" means an aircraft capable of taking off and landing from a 
suitable airfield and is also designed to be driven on a highway as a conveyance.
(37)
(38)
"Secondary glider" means any glider that has a gliding angle between 10 to one 
and 16 to one, inclusive.
(39)
"Significant private airport" means a private airport that is designated by the 
department as a significant private airport as described in Section 
72-10-416
.
(38)
(40)
"Soaring glider" means any glider that has a gliding angle of more than 16 to one.
(39)
(41)
"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.
(40)
(42)
"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.
(41)
(43)
"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.
(42)
(44)
"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. Private airports designated as significant.
(1)
Upon request from an owner of a private airport, the department shall determine 
whether to designate a private airport as a significant private airport.
(2)
The department shall designate a private airport as a significant private airport if the 
department determines that the private airport:
(a)
is registered with the Federal Aviation Administration;
(b)
appears on aeronautical charts published by the Federal Aviation Administration; and
(c)
has significant infrastructure investment, such as a paved runway, lighting, fuel 
facilities, or more than 20 based aircraft.
(3)
If the department designates a private airport as a significant private airport, the 
department shall notify the relevant municipality or county of:
(a)
the department's designation; and
(b)
the municipality's or county's responsibility to make the recording described in 
Section 
10-9a-541
 or 
17-27a-536
.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-4-25 7:45 PM