House of Representatives

HB 2602

military airport preservation

Sponsors: Representative Marsh, Voss, et al

 

dpa
S/E

Committee on Military, Veteran Affairs and Aviation

x

Caucus and COW

 

 

As Passed the House

 

HB 2602 includes military airports in the development, zoning and planning process.

 

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

 

Provisions

·                      Requires general plans to include a land use element that include consideration of military airport operations.

·                      States that the governing body must consult with a military airport if they have territory near a military airport.

·                      Requires the governing body to submit a copy of the general plan to a military airport if any part of the general plan is applicable to territory near it.

·                      Includes military airports in rezoning proceedings.

·                      Requires a public hearing if a military airport provides comments or analysis concerning the compatibility of the proposed rezoning, changes in zoning ordinances, applications for money from the new school facilities fund  .

·                      Stipulates that counties near a military airport must consider their operations.

·                      Requires a county’s board of supervisor to consult with a military airport if they have territory near one.

·                      Includes military airports in the required distribution list for a comprehensive plan if it is applicable to land near a military airport.

·                      Stipulates that if an application to change zoning ordinances applies to territory near a high noise or accident potential zone notice must be posted in a newspaper of general circulation and mailed to the military airport.

·                      Requires the notice to include a general statement regarding the proposed change.

·                      States that the Schools Facilities Board must adopt the following requirement in the notice and hearings procedures regarding the application for monies to build new schools near the high noise and accident potential zone:

·                      The military airport must receive notification of the application at least 30 days before any hearing concerning the application.

·                      Defines “accident potential zone one” as an area three thousand feet wide by seven 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 feet 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, except that, for political subdivisions described in paragraph 8, subdivision (a), accident potential zone two extends thirty thousand feet southwest from the end of each runway.

·                      Defines “clear zone” as an area three thousand feet long measured along the extended runway centerline beginning at the end of each runway and three thousand feet 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 zones:

·                      In political subdivisions located in a county with a population of two million or more persons, within the 1988 noise contours developed and recognized by the regional planning agency in that county that includes the accident potential zone one and accident potential zone two plus the land area described as follows: starting two hundred feet from the south end of the westernmost runway at a width of one thousand five hundred west and two thousand five hundred feet east, measured perpendicular to the centerline of the runway, and extending southwesterly parallel to the runway for a distance of thirty thousand feet.

·                      In political subdivisions located in a county with a population of more than eight hundred thousand but less than two million persons, within the noise contours established by the most recent air installation compatible use zone report recognized by the military airport and political subdivisions in that county, including the accident potential zone one and accident potential zone two plus the land area described as follows: starting two hundred feet from the southeast runway end at a width of two thousand feet and extending outward fifty thousand feet to a width of sixteen thousand feet.

·                      In political subdivisions located in a county with a population of eight hundred thousand or less, within the noise contours established by the most recent air installation compatible use zone report recognized by the military airport and political subdivisions in that county, including accident potential zone one and accident potential zone two plus the land area described as follows: starting two hundred feet from the end points of the main runways and at a width of three thousand feet and symmetrical about a centerline between the runways extending outward to a point fifty thousand feet from the point of beginning. The outer width is seventeen thousand five hundred feet.

·                      Changes the definition of “territory in the vicinity of a military airport” to include only counties with a population of two million or more persons, 800,000-1,999,999 and 800,000 or fewer.

·                      Requires political subdivisions located near a military airport or in a high noise or accident potential zone to adopt comprehensive and general plans and to enforce zoning regulations.

·                      Requires landowners who agreed to the terms and conditions of a development plan before December 31, 2000 to comply with the sound attenuation standards.

·                      Defines “development plan” as a plan approved by the governing body of the political subdivision that describes the density and intensity of use for a parcel of property.

·                      Requires a political subdivision to inform the owner of property in a high noise and accident potential zone of any changes to the general plan, comprehensive plan or zoning regulations applicable to property in the high noise or accident potential zone at least 30 days prior to their final decision.

·                      Stipulates that if a property owner in a high noise or accident potential zone leases or sells the property then the purchasers must be notified that the property is located in a high noise or accident potential zone.

·                      States that if a political subdivision has territory in a high noise or accident potential zone then they must file a report that includes a statement that they complied with the notification requirements and a statement that they adopted or amended building code provisions with the attorney general that demonstrates compliance by August 15th of every year.

·                       Stipulates that if the attorney general did not receive the report within thirty days after it was required then the attorney general must send a written notice stating that the report or affidavit has not been received.

·                      Requires the attorney general to provide a copy of the compliance review report for all political subdivisions.

·                      Stipulates that if a political subdivision files their report and any zoning amendments in a timely manner and the attorney general fails to provide notice of noncompliance before November 15th then the political subdivision is deemed to have complied with the requirements.

·                      States that if an owner of property that is the subject of a report filed or a political subdivision that is required to file a report disagrees with a noncompliance determination then they may appeal the determination to the superior court.

·                      Stipulates that if a political subdivision demonstrates a good faith effort to comply with the regulations within 45 days after receiving the noncompliance notice, then the attorney general may waive accrued penalties.

·                      Requires that buildings near a military airport be constructed with R19 exterior walls, R30 roofs, dual-glazed windows and solid wood, foam-filled fiberglass or metal doors.

·                      States that the state real estate department must maintain a registry of information pertaining to flight operations of military airports in this state.

·                      Requires that any public report, reservation document or conditional sales contract issued after December 31, 2001 to contain the following statements:

·                      If the state real estate department has been provided the registry of information described in section 28-8483, that the state real estate department maintains a registry of information, including the maps of military flight operations provided by the military airport, pursuant to section 28-8483 and, if provided to the department, the map prepared by the military airport pursuant to subsection B of this section.

·                      If the state real estate department has been provided the registry of information described in section 28-8483, that the information is available to the public on request.

·                      Allows the military airport to provide a map showing the exterior boundaries of each territory in the vicinity of a military airport and the boundaries of high noise or accident potential zones.

·                      Requires the military airport to notify the state real estate department and political subdivisions of any changes to the map.

·                      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.

·                      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.

·                      Amendments to section 15-2002 and 15-2041 apply retroactively after July 1, 2001.

 

The strike-everything amendment was adopted in the Military, Veteran Affairs and Aviation Committee with the following changes:

·        Exempts subdivisions from having to adopt restrictions or limitations in addition to ones required by current law.

·        Does not preclude a determination of compliance if the political subdivision and military airport mutually agree that a particular use is compatible with the high noise or accident potential zones.

 

 

 

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45th Legislature                                                                                                                                   

First Regular Session                                       5                                                          March 14, 2001

 

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