The division shall create a map of each public use airport in the State showing airport property, runways, taxiways, runway approach and departure zones, airport safety zones and airport land use zones which are extended zones from each runway in which land use considerations should be made to prevent incompatible uses with aircraft and airport operations. These maps should be updated as needed, but at least every five years.

The division shall provide a copy of these maps to the county council, city council, the respective planning agencies, and airport commission, and the agencies responsible for the granting of plat subdivision approval and building permits having jurisdiction over the airport, or having jurisdiction in the vicinity of the airport under aircraft flight profiles arriving and departing the airport.

Each governmental body or agency receiving these maps shall ensure notice of any planned development, plat approval, or building permit issued in an airport safety zone or airport land use zone be provided to the division for review. In the event that an activity is enjoined or a condition is abated by the division contrary to a local governmental body's decision, the governmental body proposing the land use decision shall have the right to seek cost recovery from the party responsible for creating the condition or the enjoinment or abatement of the activity. Neither the division or a local government shall be required to post a bond or other financial security as a condition to enjoining or abatement of a condition surrounding a public use airport. Land use decisions by county and municipal governments and local agencies shall take into account the presence of airport land use zones and airport safety zones and consult with the division, when possible, prior to making land use decisions within airport land use zones and airport safety zones. If the division provides comments, within thirty days, the governmental body must respond substantively in writing to each comment, separately stated before the issuance of the permit or approval. If the division believes the proposed project may have a substantial impact on aviation safety, create an imminent or foreseeable hazard to aviation safety, or result in a nuisance or an incompatible land use, the division may seek relief, including enjoining the activity or abatement of the condition giving rise to the division's comments.

Land use decisions by county and municipal governments and local agencies shall take into account the presence of airport land use zones. Land use decisions in airport land use zones should avoid and minimize the impact to interruption of aircraft operations, aviation safety, including approach, landing, takeoff, and departure criteria established by the Federal Aviation Administration or nationally recognized industry standards.

HISTORY: 2012 Act No. 270, Section 6, eff June 18, 2012.