US Laws, Codes, Statutes & Cases

                                  TITLE  21
                                 AERONAUTICS
                                  CHAPTER 5
                              AIRPORT ZONING ACT
    21-503.  AIRPORT ZONING REGULATIONS. (1) Power to Adopt Regulations. In
order to prevent the creation or establishment of aviation hazard, the state
of Idaho, by and through the Idaho transportation department, may adopt,
administer, and enforce, under the police power and in the manner and upon the
conditions hereinafter prescribed, airport zoning regulations for aviation
hazard areas within the state, which regulations may divide such area into
zones, and, within such zones, specify the land uses permitted and regulate
and restrict the height to which structures and trees may be erected or
allowed to grow.
    (2)  Method of Adopting Zoning Regulations. The department shall
promulgate and adopt in the manner and in conformance with the procedure set
forth in this chapter such reasonable regulations for the zoning of airports,
aviation hazard areas and aviation hazards within the state as may be
reasonably necessary to accomplish the highest degree of safety for airflight
operations. Prior to adopting any zoning regulations:
    (a)  The director shall cause to be prepared a map or maps as the
    individual situation may require, for each airport, and surrounding
    aviation hazard area to be zoned. Such map shall contain a description of
    the exterior boundaries of the area to be included within the zoning
    regulations, the boundaries and runways of the airport and shall disclose
    the existing and any planned approaches to the subject airport, the
    proposed glide angles and restricted areas deemed necessary by the
    director, and such other information as may be deemed helpful by the
    director to fairly portray the areas involved and the airspace required.
    (b)  The director shall also cause to be prepared proposed regulations
    setting forth the various zones within the area and the restrictions
    applicable to each. Zones may be named or numbered or otherwise designated
    to distinguish one zone from another.
    (c)  Such proposed regulations and the map or maps of the area involved
    shall be filed with the county recorder of the county or counties in which
    the airport or any part thereof is situated.
    (d)  To amend any adopted zoning regulations the director shall proceed in
    the same manner set forth for the adoption of regulations except that he
    need only give notice and file maps and regulations that relate to the
    particular amendment to be made.
    Upon the approval and designation of any airport in this state the
department may immediately thereafter take such steps necessary under this
chapter to zone the aviation hazard area adjacent to such airport and the
department shall, if requested by the owners of any existing airport which has
heretofore been approved and designated and which is open to public use, take
such steps necessary under this chapter to zone the aviation hazard area
adjacent to such airport, or the director may proceed to zone any such area
without such a request.