House of Representatives

HB 2602

military airport preservation

Sponsors: Representative Marsh, Voss, et al

 

X

Committee on Military, Veteran Affairs and Aviation

 

Caucus and COW

 

 

As Passed the House

 

HB 2602 amends current law regarding military airports.

 

The proposed strike-everything amendment to HB 2602 provides for the following:

 

Provisions

·                      Requires that if a municipality has territory in the vicinity of a military airport, then the municipality must consult with them to discuss the general plan.

·                      Requires a general plan to include consideration of military and airport operations.

·                      Stipulates that the planning agency give the proposal to any military airport in the vicinity of territory affected by the general plan.

·                      Ensures that notice of a public hearing be given to a military airport if it is located within the territory that is to be rezoned.

·                      Requires the county board of supervisors to consult with a military airport if the county has territory near a military airport to secure development plans.

·                      States that if a county’s general plan is applicable to territory near a military airport then the county must send a proposal to that military airport least 60 days before a plan is adopted.

·                      Requires the commission to consider military airport operations.

·                       Provides that if land involved with rezoning is located near a military airport then the commission must send copies of the notice of public hearing to the military airport.

·                      Defines accident potential zone as an area three thousand feet wide by five thousand feet long that starts at the end of each clear zone and that is centered and measured on the extended runway centerline, terminating eight thousand feed from the end of each runway.

·                      Defines accident potential zone two as an area three thousand feet wide by seven thousand feet long that starts at the end of each accident potential zone one and that is centered and measured on the extended runway centerline, terminating fifteen thousand feet from the end of each runway.

·                      Defines clear zone as an area 3,000ft long measured along the extended runway centerline beginning at the end of each runway and 3,000 fg wide centered on and measured at right angles to the extended runway centerline.

·                      Defines high noise or accident potential zone as any property located in the following areas:

·                      A political subdivision in a county with a population of 2 million or more living within the 1988 noise contours and includes the accident potential zones one and two plus the land starting at the southwest end of the south runway at a width of 3,000 feet and extending south 30,000 feet.

·                      A political subdivision in a county with more than 800,000 but less than 2 million persons living with in the most recent noise contours including accident potential zones one and two plus the land starting 200 feet from the southeast runway end at a width of 2,000 feet and extending outward 50,000 feet to a width of 16,000 feet.

·                      A political subdivision in a county with fewer than 800,000 persons living within the most recent noise contours including accident potential zones one and two plus the land 200 feet from the end points of the main runways and at a width of 3,000 feet and symmetrical about a centerline between the runways extending 50,000 feet.

·                      Makes territory in the vicinity of a military airport include:

·                      Counties that have a population of two million or more that are less than ten miles to the north, south and west and four miles to the east from the center of the main runway of a military airport

·                      Counties with a population between 800,000 and 2.0 million that are less than seven miles from the northeast runway, 1.5 miles from the southwest, eight miles to the northeast of the runway centerline and ten miles to the southeast of the southeast runway.

·                      Requires territory near a military airport, including property in a high noise or accident potential zone, to adopt land use plans and zoning regulations. This provision does not require the modification of any building permit issued before July 1, 2001.

·                      Preserves the right of a landowner to undertake and complete development of a site specific development plan.

·                      Requires that on or after July 1, 2001 owners of property in a high noise or accident potential zone be notified of changes to the political subdivisions plan by newspaper at least 30 days prior to final approval of the general plan.

·                      Stipulates that property located in a high noise or accident potential zone be disclosed as such in the event of sale.

·                      Requires each political subdivision that has property in a high noise or accident potential zone to file with the attorney general and each political subdivision a compliance report on August 15th every year.

·                      Stipulates that the report must contain a statement that the political subdivision complied with the notification requirements and adopted or amended the building code provisions.

·                      Requires the attorney general to provide a copy of the report to political subdivisions near a military airport indicating which political subdivisions are compliant.

·                      Stipulates that if a political subdivision files their report and any amendment in a timely manner or if the attorney general fails to provide notice of noncompliance by November 15th then the political subdivision is to be found compliant with the requirements.

·                      States that if a property owner or political subdivision is the subject of a report disagrees with the assessment of the attorney general on the probable cause of noncompliance clause then the owner or political subdivision may appeal the determination of the attorney general to the county’s superior court.

·                      Stipulates that the attorney general may institute a civil action against a political subdivision that is required to file a report to restrain, enjoin, correct or abate a violation.

·                      States that if a political subdivision demonstrates a good faith effort to comply then the attorney general may waive accrued penalties.

·                      Exempts political subdivisions from having to request a registry from military airports.

·                      States that building’s expecting first occupancy after December 31, 2001 to incorporate sound attenuation standards and specifications into any building code in existence on or adopted after December 31, 2001.

·                      Requires subdivisions near a military airport to incorporate noise level reduction in the design and construction of any residential building or portions of buildings where the public is received by December 31, 2001.

·                      Removes current law limiting applicability.

·                      Requires maps of military flight operations to be provided in electronic form that must satisfy the current requirements.

·                      No longer requires the registry of information to be used to enforce the sound attenuation requirements.

·                      Adds the following statement to the list the state real estate department must include with every public report applicable to property located near a military airport by December 31, 2001.

·                   That the state real estate department maintains a registry of information, including the maps of military flight operations, pursuant to section 28-8483, and

·                   That the information is available to the public on request.

·                      Stipulates that a military airport may provide a map of exterior high noise or accident potential zones in electronic form.

·                      Requires the State Real Estate Department to work with each military airport and political subdivisions near military airports to create a map that is useful in determining if property is located near a military airport or a high noise or accident potential zone.

·                      States that if there are any changes to the map, then the military airport must notify the State Real Estate Department and political subdivision of all changes.

·                      Stipulates that for any conditional sale or lot reservation that occurs before the public report is distributed, the statements required will be included within the reservation document or conditional sales contract.

·                      States that the commissioner must execute and record in the county recorder’s office in each county near a military airport the following statement: This property is located within territory in the vicinity of a military airport and may be subject to increased noise and accident potential.

·                      Stipulates that the document include a legal description of the territory in the vicinity of a military airport.

·                      States that if any lots parcels or fractional interests within a subdivision are located within the territory near a military airport or if it is located within a high noise or accident potential zone shall include the report required by current law

·                      States that subdivided land located within the territory near a military airport shall include the report required by current law.

·                      Requires the report to include the statements and map, if available, required by current law. 

·                      Adds a true statement as to whether any or all of the unsubdivided land is located in a high noise or accident potential zone to the notice requirements in current law.

·                      States that unsubdivided land located within the territory near a military airport shall include the report required by current law and that if a map has been prepared that the report be included in reports issued on or before December 31, 2001.

·                      Amendments to section 28-8461 and 28-8481 apply retroactively after December 31, 2000

·                      Amendments to section 32-2181 and 32-2195 apply retroactively after June 30, 2001

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·                      45th Legislature                                                                                                                                                                   

·                      First Regular Session                                         5                                                                                February 27, 2001

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