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2013 Idaho Statutes
Title 21 - AERONAUTICS
Chapter 5 - AIRPORT ZONING ACT
Section 21-503 - AIRPORT ZONING REGULATIONS.


ID Code § 21-503 (2013) What's This?

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.


History:

[21-503, added 1947, ch. 130, sec. 3, p. 315; am. 1957, ch. 187, sec. 1, p. 369; am. 1974, ch. 12, sec. 107, p. 61; am. 1975, ch. 111, sec. 1, p. 229; am. 2005, ch. 174, sec. 5, p. 541.]

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