28-8461. Definitions

In this article, unless the context otherwise requires:

1. " Accident potential zone one" means 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 feet from the end of each runway and, for an ancillary military facility described in paragraph 7 of this section, includes an area delineated as accident potential zone one in the map described in paragraph 7 of this section.

2. " Accident potential zone two" means 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 Luke air force base, accident potential zone two extends thirty thousand feet southwest from the end of each runway and, for an ancillary military facility described in paragraph 7 of this section, includes an area delineated as accident potential zone two in the map described in paragraph 7 of this section.

3. " Airport" means an area of land or water that is designed and set aside for the landing and taking off of aircraft and that is utilized or to be utilized in the interest of the public for those purposes.

4. " Airport hazard" means a structure, tree or use of land that obstructs the air space required for flight of aircraft in taking off or landing at an airport or that is otherwise hazardous to aircraft taking off or landing.

5. " Airport hazard area" means an area of land or water on which an airport hazard might be established if not prevented as provided in this article.

6. " Airstrip" means a strip of ground that is artificially or naturally surfaced and that is designed and used at an airport or landing field for the landing and takeoff of aircraft.

7. " Ancillary military facility" means:

(a) For political subdivisions described in paragraph 9, subdivision (a) of this section, the military auxiliary airfield that is identified on the map that is designated as Luke air force base auxiliary airfield #1, that is dated March 1, 2004 and that is on file in printed format at the state land department on the effective date of this amendment to this section pursuant to section 37-102.

(b) For Luke air force base in Maricopa county, the military auxiliary field that is located in the town of Gila Bend, that is used to train specific military aircraft maneuvers or to perform a specific military airport function, that may or may not have a paved runway from which aircraft may or may not land, that is recognized by the military airport and political subdivisions in Maricopa county or the report of a cooperative land use planning effort among affected political subdivisions and the military airport in Maricopa county and that is identified on a map that is prepared by the state land department and kept on file with the state land department and the state real estate department pursuant to section 37-102.

(c) For Yuma marine corps air station in Yuma county, the military auxiliary field that is recognized by the military airport and political subdivisions in Yuma County or the report of a cooperative land use planning effort among affected political subdivisions and the military airport in Yuma county and that is identified on a map that is prepared by the state land department and kept on file with the state land department and the state real estate department pursuant to section 37-102.

8. " Clear zone" means an area three thousand feet long measured along the extended runway centerline beginning at the end of all main military runways and three thousand feet wide centered on and measured at right angles to the extended runway centerline and, for an ancillary military facility described in paragraph 7 of this section, includes an area delineated as a clear zone in the map described in paragraph 7 of this section.

9. " High noise or accident potential zone" means any property located in the following zones:

(a) For Luke air force base in Maricopa county, within the 1988 noise contours developed and recognized by the regional planning agency in that county that includes the arrival and departure corridor that is 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 feet 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.

(b) For Davis-Monthan air force base in Pima county, the area southeast of the runway within the noise contours, accident potential zone one and accident potential zone two as established by the most recent air installation compatible use zone report issued by the United States department of defense or the zones established in the compatible land use plan in the joint land use study completed in February 2004.

(c) For Yuma marine corps air station and Laguna army airfield in Yuma county and Libby army airfield in Cochise county, 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 or the report of a cooperative land use planning effort among affected political subdivisions and the military airport recognized by the military airport and political subdivisions in that county, including the arrival and departure corridor that is the 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 thirty thousand feet from the point of beginning. The outer width is seventeen thousand five hundred feet.

(d) For the ancillary military facility described in paragraph 7, subdivision (a) of this section, the land area inside the F-16 noise contour lines and the arrival and departure corridors designated as the accident potential zone one and the accident potential zone two on the map described in paragraph 7, subdivision (a) of this section.

(e) For the ancillary military facilities described in paragraph 7, subdivisions (b) and (c) of this section, the land areas designated as the high noise or accident potential zones and the arrival and departure corridors designated as the accident potential zone one and the accident potential zone two on the map of each ancillary military facility described in paragraph 7, subdivisions (b) and (c) of this section.

10. " Military airport" means an airport that is operated by an armed force of the United States and that is primarily used for military fixed wing aircraft operations, excluding a runway or airstrip that is not immediately adjacent to facilities primarily used for operational control, maintenance and permanent parking of aircraft.

11. " Military training route" means a low level military route that allows department of defense aircraft to conduct flights that may be as low as one hundred feet above the ground at speeds in excess of two hundred fifty knots indicated air speed as delineated in the military training route map pursuant to section 37-102.

12. " Occupied building" means any building where people live, work or are otherwise received.

13. " Person" means an individual, firm, partnership, corporation, company, association, joint stock association or body politic, including any trustee, receiver, assignee or other representative of a trustee, receiver or assignee.

14. " Political subdivision" means a city, town or county and includes a school district.

15. " Runway" means an artificially surfaced strip of ground that is designed and used at an airport for the landing and takeoff of aircraft.

16. " School" means any public institution established for the purposes of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades one through twelve.

17. " School district" means a political subdivision of this state with geographic boundaries organized for the purpose of the administration, support and maintenance of the public schools or an accommodation school.

18. " School district development plan" means any proposal to build or expand a school but does not include repairing, maintaining or remodeling an existing school.

19. " Structure" means an object that is constructed or installed by a human including a building, tower, smokestack or overhead transmission line.

20. " Territory in the vicinity" means any property located in the following zones:

(a) For Luke air force base in Maricopa county, the zone is ten miles to the north, south and west and four miles to the east parallel from the center of the main runway of a military airport.

(b) For Davis-Monthan air force base in Pima county, the zone is five miles to the northwest along a line extending from the end of the northwest runway, one and one-half miles to the southwest, six and one-half miles to the northeast and perpendicular to the runway centerline and ten miles to the southeast along a line extending from the end of the southeast runway of a military airport.

(c) For Yuma marine corps air station and Laguna army airfield in Yuma county and Libby army airfield in Cochise county, the zone is five miles to the north, south and west and ten miles to the east of the center of the main runway of a military airport.

(d) For an ancillary military facility described in paragraph 7, subdivision (a) of this section, the land area designated as the territory in the vicinity on the map described in paragraph 7, subdivision (a) of this section.

(e) For the ancillary military facilities described in paragraph 7, subdivisions (b) and (c) of this section, the land areas designated as the territory in the vicinity on the map of each ancillary military facility described in paragraph 7, subdivisions (b) and (c) of this section.

21. " Tree" means an object of natural growth.