ARIZONA STATE SENATE
Phoenix, Arizona
preservation of military
airports
Enhances notification of
proposed development in the vicinity of military airports and reduces the area
required to report to the Attorney General (AG) on the compliance of military
airport compatibility.
As a matter of policy, the
Arizona Legislature has taken a proactive stance in preparing and protecting
its military installations from realignment and closure resulting from the
evaluations and recommendations of the Base Realignment and Closure Commission
(BRAC). BRAC evaluations were conducted
in 1991, 1993 and 1995. Arizona was
directly impacted by the 1991 BRAC evaluations that resulted in the closure of
Williams Air Force Base in 1993.
In 1995 the Arizona Military
Airport Preservation Committee was established for the purpose of encouraging
the preservation of the long-term viability of Arizona’s military airports and
protecting the private property rights of property owners in the vicinity of
military airports. Statute attempts to
address the concern of residential encroachment around Arizona’s military
airports by requiring all political subdivisions in the vicinity of a military
airport to adopt land use plans and adopt and enforce zoning regulations that
assure development compatible with the high noise and accident potential
generated by military airport operations.
Legislation adopted in 2000
required the AG to enforce planning, zoning and sound requirements within
territory in the vicinity of military airports and established civil penalties
for noncompliance.
There is no known fiscal
impact to the state general fund associated with this legislation.
1. Requires the unsubdivided and subdivision public reports to state that the State Real Estate Department maintains a registry of information, including the maps of military flight operations, and that the information is available to the public on request.
2. Requires the State Real Estate Department to include the exterior boundaries of each high noise or accident potential zone on maps available to the public and include this map in subdivision public reports.
3. Requires the unsubdivided and subdivision public reports to include a copy of the map with statement of the proximity of the military airport.
4. Requires developers to provide proper and timely notice of noise sensitive uses to prospective buyers for all subdivisions and residential master plan communities located in the vicinity of a military airport or joint use facility. Specifies notice requirements.
5. Requires the Real Estate Commissioner to execute and record a disclosure, including the legal description of the area, for territory in the vicinity of a military airport with the county recorder of each county that includes territory in the vicinity of a military airport.
6. Requires the governing body to consult with the military airport for coordination of comprehensive and general plans, including any amendments to the plans if the municipality or county has territory in the vicinity of a military airport.
7. Requires the municipality and county planning commissions to notify the military airport of any public hearings involving rezoning of land within territory in the vicinity of a military airport.
8. Exempts landowners from military airport compatibility requirements if the landowner is in compliance with military airport disclosure and the site specific development plan was approved prior to December 31, 2000.
9. Expands the notification of property owners that own land in territory in the vicinity of a military airport.
10. Reduces the reporting area from political subdivisions that have territory in the vicinity of a military airport to political subdivisions that have territory that includes property in a high noise or accident potential zone. The report must be filed annually rather than biannually with the AG demonstrating compliance with sound attenuation standards and building codes.
11. Limits the appeal process to the owner of property that is the subject of the report and political subdivisions required to file the report regarding compliance with military airport compatibility regulations.
12. Allows the AG to waive penalties if the political subdivision demonstrates a good faith effort to comply with military airport compatibility regulations within 45 days after receipt of a noncompliance notice.
13. Updates sound attenuation standards specifications and building codes in existence on or after December 31, 2000 and applies the new standards property within the territory in the vicinity of a military airport rather than property based on day-night average sound levels.
14. Eliminates the deadline by which a political subdivision that has territory in the vicinity of a military airport must adopt an ordinance to reduce interior noise in buildings.
15. Modifies the definition of “territory in the vicinity of a military airport.”
16. Contains definitions.
17. Contains a retroactive date of January 1, 2001.
Prepared by Senate Staff
February 15, 2001