ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
preservation of military
airports
(NOW: military airports; preservation)
Enhances notification
requirements of proposed development in the vicinity of military airports and
reduces the size and scope of the area required to report to the Attorney
General (AG) of 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. Stipulates that the land use elements of the comprehensive and general plans must include consideration of military airport operations for municipalities and counties with territory in the vicinity of a military airport.
2. Requires the School Facilities Board to send notification of the application filed after July 1, 2001 for monies to fund the construction of new school facilities proposed to be located in territory in the vicinity of a military airport to the military airport.
3. Requires the School Facilities Board to consider comments or analysis concerning compatibility with the high noise or accident potential generated by military operations that may impact public health and safety for new school facilities proposed to be located in territory in the vicinity of a military airport.
4. Requires the affected governing body to consult with the military airport for coordination of comprehensive and general plans, including any amendments to the plans.
5. Requires the governing body to submit a copy of the plan or amendment, at least 60 days before adoption, to the military airport if the change is applicable to territory in the vicinity of a military airport.
6. Requires a municipality or county to send copies of the notice of public hearing to the military airport regarding land located within the territory in the vicinity of a military airport and requires additional notification for proceedings that involve territory in the high noise or accident potential zone.
7. Requires a second hearing prior to adoption of rezoning recommendations if the military airport provides comments or analysis concerning the compatibility with the high noise or accident potential generated by military operations that may impact public health and safety for a municipality or county with territory in the vicinity of a military airport.
8. Requires the governing body to consider and analyze the comments or analysis of the military airport prior to the final determination.
9. Limits the requirements to adopt comprehensive and general plans and adopt and enforce zoning regulations for development compatibility with military airports to political subdivisions that have territory in a high noise or accident potential zone.
10. Limits the notification of additions and changes to the general or comprehensive plan to the property owners in the high noise and accident potential zone by political subdivisions that have territory in a high noise or accident potential zone beginning July 1, 2001.
11. Requires the political subdivision to publish notice in a newspaper of general circulation of additions or changes in the general or comprehensive plan including a statement that property is located in a high noise or accident potential zone. Currently, the notice must be mailed, by first class mail, to each property owner impacted by the zone.
12. Allows a political subdivision and a military airport to mutually agree that a particular use is compatible and consistent with the high noise or accident potential of the military airport in the determination of compliance.
13. Expands timeframe to 30 days for notice of final approval of the general or comprehensive plan.
14. Specifies the qualifications for a political subdivision that has territory that includes property in a high noise or accident potential zone to comply with the planning and zoning requirements.
15. Limits, retroactively to January 1, 2001, the reporting requirements of political subdivisions to the AG to those that have territory that includes property in a high noise or accident potential zone and requires an annual report rather than twice a year.
16. Expands the compliance report that must be filed with the AG to include a statement that the political subdivision is in compliance with the notification requirements and that the political subdivision adopted or amended building codes relating to sound attenuation.
17. Requires the AG to determine compliance with military airport operations based on the table regarding zoning and development requirements in a high noise and accident potential zone.
18. Contains a table with footnotes to define military airport operations compatibility.
19. Removes the requirement that the AG notify all political subdivisions that have territory in the vicinity of a military airport that the reports have been received.
20. Requires the AG to provide all political subdivisions with territory in the vicinity of a military airport a copy of the report indicating those political subdivisions that are in compliance with planning and zoning requirements, that are not in compliance and the actions that the AG may take or has taken to bring noncompliant political subdivision into compliance.
21. Requires the court to award reasonable attorney fees and other costs in favor of the prevailing party rather than only the state regardless of outcome.
22. Allows the AG to waive accrued penalties if the political subdivision makes a good faith effort to comply with the planning and zoning requirements within 45 days after notice of noncompliance.
23. Requires any owner of property in the high noise and accident potential zone to notify potential buyers, lessees or renters that the property is located in the zone and is subject to the requirements of military airport compatibility.
24. Requires any public report issued after December 31, 2001 to include a statement regarding the registry of information, including maps of military flight operations, maintained by the State Real Estate Department and information available to the public on request.
25. Specifies the map requirements that the military airport must meet and provide to the State Real Estate Department and political subdivision with territory in the vicinity of the military airport for a public registry of information.
26. Requires the map to be included in the public report and available to the public on request.
27. Requires a disclosure statement regarding access to a registry of information to be included with reservation documents or conditional sales contracts if the public report has not been issued at the time of reservation or sale.
28. Requires the State 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.
29. Requires the notice of the owner to the State Real Estate Commissioner when land is offered for sale, subdivided or unsubdivided to include whether all or any portion of the subdivision is located in a high noise or accident potential beginning on July 1, 2001.
30. Requires the unsubdivided and subdivided public reports to include a military airport disclosure and a copy of a map in the public report.
31. Limits the noise level reduction requirement that must be incorporated in the design and construction to residential buildings or buildings that receive the public, office area or areas of normal noise levels.
32. Applies sound attenuation standards incorporated into building codes in existence on or adopted after December 31, 2001 to new development and alterations that are subject to building permits issued after that date.
33. Specifies sound attenuation standards for all residential buildings to be constructed within the territory in the vicinity of a military airport.
34. Applies building codes relating to sound attenuation in existence on or adopted after July 1, 2001 to political subdivisions that have territory in the vicinity of a military regardless of the day-night average sound level. Grandfathers building permits issued prior to July 1, 2001.
35. Allows a landowner to undertake and complete development and use any property under the terms and conditions of a development plan approved prior to December 31, 2000. Requires the development to comply with the building codes relating to sound attenuation standards.
36. Contains definitions.
37. Makes technical and conforming changes.
38. Provides for a general effective date unless otherwise noted.
Amendments Adopted by Committee
1. Requires the School Facilities Board to notify a military airport and consider comments of the airport if an application has been filed to consider monies to fund construction of new school facilities located in the vicinity of a military airport.
2. Modifies the table regarding compatibility.
Amendments Adopted by Committee of the Whole
1. Adjusts the parameters of the high noise or accident potential zone and territory in the vicinity of a military airport.
2. Specifies sound attenuation standards for all residential buildings to be constructed within the territory in the vicinity of a military airport.
3. Allows a political subdivision and the military airport to mutually agree that a particular use is compatible with high noise or accident potential of the military airport in their determination of compliance.
4. Makes technical and conforming changes.
Senate Action
GOV 2/26/01 DPA/SE 5-0-1-0
3rd Read 3/14/01 30-0-0-0
Prepared by Senate Staff
March 15, 2001