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Pages 96-149

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From page 96...
... 97 APPENDIX D -- STATE AUTHORITIES CONCERNING AIRPORT WILDLIFE MANAGEMENT AND AIRPORT LAND-USE COMPATIBILITY ALABAMA Section Subject Summary The Code of Alabama 1975 Chapter 4-6 Airport hazards States legislative finding that airport hazards endanger lives and property on and within the vicinity the airport and that hazardous obstructions impair the airport's utility by reducing the area available for aircraft operations. Identifies an airport hazard creation or establishment as an injury to the community and specifies prevention of airport hazards to be in the public interest.
From page 97...
... 98 ALASKA Section Subject Summary Alaska Statutes Chapter 2.10 Aeronautics Authorizes the Department of Transportation and Public Facilities to supervise aeronautics and communications and to make recommendations for establishment, location, maintenance, operation, and use of airports,, landing fields, air markings and beacons, and other navigation facilities. Provides for Department regulations to adopt regulations prescribing minimum safety and operational standards consistent with federal regulations.
From page 98...
... 99 ARIZONA Section Subject Summary Arizona Revised Statutes Chapter 28 Airport zoning Declares that the creation or establishment of an airport hazard is a public nuisance and a public injury to the community served by an airport. Specifies that prevention, elimination, removal, alteration, and mitigation of airport hazards are public purposes and in the interest of the public health, safety, and general welfare.
From page 99...
... 100 within the scope of official duties to protect land, water, wildlife, livestock, domesticated animals, human life, or crops from this prohibition. ARKANSAS Citation Subject Summary Arkansas Code Title 14, Subtitle 22, Chapter 363 Airport Zoning Authorizes local governments to adopt airport zoning regulations to protect airport approaches from obstruction, protect life and property on and near the airport, and to promote airport use and the public health, safety, and general welfare.
From page 100...
... 101 14-361-112 towns may adopt airport zoning regulations dividing the area surrounding the airports into zones and limiting the height of all existing and future structures and objects of natural growth therein. Allows cities and towns within 50,000' of an airport to promulgate and enforce zoning regulations within their respective city limits and authorizes counties within 50,000' of an airport in an unincorporated area to adopt these regulations.
From page 101...
... 102 CALIFORNIA Citation Subject Summary California Codes Government Code 50485.1 Airport hazard Defines "airport hazard" as "any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft." Defines "airport hazard area" in relevant part as "any area of land or water upon which an airport hazard might be established if not prevented." Government Code 50485.2 Airport hazard–public nuisance Declares the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport and specifies a need to prevent creation or establishment of airport hazards in the interest of public health, safety, and general welfare. Specifies local governments may use funds and acquire property or property interests to prevent creation or establishment of airport hazards and to eliminate, remove, alter, mitigation, or mark and light existing airport hazards.
From page 102...
... 103 3471 Wildlife Management property as regulated by the FAA. Recognizes that airport operations are governed by FAA regulations and policies and federal law protecting public health, safety, and welfare.
From page 103...
... 104 Public Utilities 21652 21653 Property Acquisition Authorizes local government to acquire property or property interests (including air rights) by purchase, donation, or condemnation needed to permit safe and efficient airport operations; permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards; or prevent the establishment of airport hazards.
From page 104...
... 105 perpetually, to place or maintain suitable marks for the daytime markings and suitable lights for the nighttime markings of airport hazards, and including the right of ingress and egress to or from such airport hazards, for the purpose of maintaining and repairing such lights and marks. This authority shall not be so construed as to limit any right, power, or authority to zone property adjacent to airports and landing fields, under the provisions of any law of this state.
From page 105...
... 106 Establishes permit requirements for new structures or uses, changes to existing uses, and replacement or substantial alteration of a nonconforming uses in airport hazard areas. Provides for local governments to grant variances to airport zoning regulations and provides for variances to be conditioned to require the property owner to allow (at government expense)
From page 106...
... 107 Department review and permit issuance. Authorizes the Department to enter upon land within airport approach areas and remove obstructions to aviation.
From page 107...
... 108 regulations. Includes provisions for adoption of airport zoning regulations.
From page 108...
... 109 standards for airport marking and lighting. Provides for licensing and registration of airports and includes provisions for airspace protection.
From page 109...
... 110 procedures and requirements for authorization of take, capture, possession, and transport of wildlife by others in the state. Includes prohibitions and conditions for take, hunt, possession, or transport of specified wildlife species and for nongame species.
From page 110...
... 111 penalties and enforcement. Hawaii Administrative Rules Chapter 19-11 Airport licensing Establishes the Department of Transportation regulations for airport site approval and airport licensing.
From page 111...
... 112 Idaho Administrative Rules 39.04.01 Conformity with federal regulations Specifies state regulations regarding aircraft navigation within airspace will be kept in conformance with the current FAA regulations. Incorporates FAA regulations where not inconsistent with existing state regulations.
From page 112...
... 113 Department. Includes provisions and restrictions for specified wildlife species.
From page 113...
... 114 development development zone area. Includes provisions for application of airport development zone requirements.
From page 114...
... 115 Chapter 481A – 481C Wildlife Provides for state ownership, management, and regulation of wildlife. Includes requirements and conditions for hunting, trapping, possession, and take of wildlife.
From page 115...
... 116 protect airport approaches or remove, lower, or terminate a nonconforming use. 32-955 Wildlife damage Specifies wildlife damage control permits may be required for wildlife damage control by use of poison, poisonous gas, smoke or ferrets or by use of any smoke gun or other device for forcing smoke or any other asphyxiating or deadly gas or liquid into the holes, dens, runways or houses of wildlife.
From page 116...
... 117 Kentucky Administrative Regulations 600 KAR 50:030 50:040 50:050 Kentucky Airport Zoning Commission Establishes jurisdiction of the Kentucky Airport Zoning Commission (airspace and land)
From page 117...
... 118 MAINE Section Subject Summary Maine Revised Statutes Title 6 Chapter 13 Airport zoning Declares an airport hazard to be a public nuisance and specifies that the prevention of the creation or establishment of airport hazards is necessary in the interest of public health, public safety, and general welfare. Authorizes local governments within which an airport hazard is located to adopt airport zoning regulations to divide areas surrounding the airport into zones and to specify the land uses and restrict the heights of structures and uses within these areas.
From page 118...
... 119 to establish airport districts and to acquire easements for development rights in airport districts. Prescribes land use restrictions on property subject to easement.
From page 119...
... 120 provisions concerning threatened and endangered species and provides for issuance of wildlife damage control permits. MASSACHUSETTS Section Subject Summary Massachusetts General Laws Title 14 Chapter 90 Section 40A – 40I Airport zoning Authorizes cities (except Boston)
From page 120...
... 121 area within which measures for protection of airport's aerial approaches should be taken, and what height limits and other objectives of measures should be. Authorizes local governments after determining that an area is in an airport hazard area to adopt airport zoning regulations.
From page 121...
... 122 MINNESOTA Section Subject Summary Minnesota Statutes 360.062 through 360.074 Airport zoning Declares an airport hazard to be a public nuisance and specifies that the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, or mitigation are public purposes for which public funds may be used. Authorizes local governments within which an airport hazard is located to adopt airport zoning regulations.
From page 122...
... 123 MISSISSIPPI Section Subject Summary 61-7 Airport zoning Declares an airport hazard to be a public nuisance and specifies that the prevention of the creation or establishment of airport hazards is necessary in the interest of public health, public safety, and general welfare and should be accomplished to the extent legally possible without compensation. Authorizes local governments within which an airport hazard is located to adopt airport zoning regulations.
From page 123...
... 124 existing uses, and for replacement of or changes to nonconforming uses. Provides for local governments to grant variances to allow structures or uses that would not conform to the airport zoning regulations and to condition variance to require the property owner to install, operate, and maintain markers and lights to indicate the presence of an airport hazard.
From page 124...
... 125 black bear, gray wolf, elk)
From page 125...
... 126 through 3-406 air navigation obstruction to air navigation interferes with this right. Specifies that regulation and control of erection and maintenance of obstructions to air navigation to be necessary for public health, safety, and welfare.
From page 126...
... 127 496.020 Airport hazard Defines "airport hazard" as "any structure, object of natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft." 496.120 496.210 Airport regulations Authorizes municipality with an airport to adopt regulations for airport management and use. Provides for public agencies to establish agreements for joint action concerning airport management and regulation.
From page 127...
... 128 the area surrounding the airport into zones and establish land uses and height restrictions in these areas. Provides for incorporation of airport zoning regulations in to a comprehensive zoning ordinance.
From page 128...
... 129 delineated zone to provide notice to buyers. Provides for the Department of Transportation to adopt regulations delineating airport safety zones for all affected airports and specifying standards for permitted and prohibited land uses within airport safety zones.
From page 129...
... 130 Department issuance of permits for creation or establishment of a nonconforming use or vertical height development within an airport safety zone. 16:62-2.1 Variances Prohibits a municipality from granting a variance from the minimum standards specified by the Department regulations except when conditioned upon issuance of a Department permit allowing the variance.
From page 130...
... 131 NEW YORK Section Subject Summary New York Codes, Rules and Regulations Article 15 Airport commissions Specifies provisions for actions of airport commissions for specified airports and for development and operation of air transportation facilities at these airports. Section 11-0110 Interference with lawful wildlife taking Prohibits actions that interfere with lawful taking of wild game and other animal life.
From page 131...
... 132 113-270.1 Wildlife licenses and permits Specifies requirements and procedures for issuance of wildlife licenses and permits by the Wildlife Resources Commission. Includes provisions for authorization of hunting, capture, and transport activities.
From page 132...
... 133 property owner to allow (at government expense) the installation, operation, and maintenance of markers and lights to indicate the presence of an airport hazard.
From page 133...
... 134 under specified conditions. Requires appointment of airport zoning commission for initial adoption of airport zoning regulations.
From page 134...
... 135 primary surface or runway protection zone; structures within three statute miles from a public use airport with height greater than 150 feet above the airport elevation, and structures with height exceeding specified conditions. Establishes obstruction standards for structures with incompatible purposes or tall structures.
From page 135...
... 136 635-002 635-043 635-044 Wildlife permits Specifies requirements for permits to take or harass wildlife and for holding or capturing wildlife. Includes provisions for protected species and provisions concerning methods of hunting and trapping wildlife.
From page 136...
... 137 activities to lure or bait wildlife onto property. Prohibits take or possession of protected birds or their nest or eggs unless authorized.
From page 137...
... 138 nuisance Declares that an airport hazards destroy an airport's utility and the public investment in the airport with hazards that endanger the lives and property of airport users and residents in the airport vicinity and with hazardous obstructions that reduce the size of available areas for aircraft landing, take off, and maneuvering. Specifies the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes.
From page 138...
... 139 regulations general regulations. Provides that the more stringent limitation or requirement will govern in the event of conflict between any airport zoning regulations and any other applicable regulations.
From page 139...
... 140 birds, and snapping turtles. Establishes requirements for issuance of Department permits to authorize importation and possession of native wildlife.
From page 140...
... 141 Prohibits construction of a building, structure, or tower more than 200 feet in height above the terrain without obtaining a permit from the Commission. Provides for the Commission to adopt regulations specifying minimum standards and criteria to ensure safe aircraft operation and public safety, including lighting, painting, and marking structures, towers, and airport hazards.
From page 141...
... 142 airport zoning regulations and other regulations. Includes provisions for adoption and appeals of airport zoning regulations Chapter 70-2 Chapter 70-8 Wildlife Prohibits actions to hunt, chase, trap, kill, or take wildlife without a license or authorization.
From page 142...
... 143 airport site by condemnation or other means to "permit the safe and efficient operation of the airport or to prevent, eliminate, or mark an airport hazard." 22.077 Activities near airports Requires specified facilities (e.g., sewer and wastewater treatment plant, aboveground aviation fuel storage facility, sanitary landfill site) proposed to be located within specified distances from an airport property to be approved by the municipality in which the facility or site is to be located: Texas Parks and Wildlife Code Chapters 41-43 Wildlife licenses and permits Includes provisions for protection of wildlife and establishment of permitting to possess, transport, or take protected wildlife.
From page 143...
... 144 requirements and procedures for issuance of depredation permits for protected wildlife that present a threat to public safety. UTAH Section Subject Summary Utah Code Transportation Code Chapter 10 – Sections 403 through 413 Airport zoning Authorizes local governments within which an airport hazard is located to adopt airport zoning regulations.
From page 144...
... 145 VERMONT Section Subject Summary Vermont Statutes Chapter 17 Airport zoning Provides for local governments within which an airport hazard is located to adopt airport zoning regulations. Requires appointment of an airport zoning commission to make recommendations concerning initial airport zoning regulations.
From page 145...
... 146 12-010022 Migratory birds Specifies methods for take, possession, and transport of migratory birds. 12-010060 Deer management Includes provisions for management of white-tailed deer population, including seasons, method of take, and provisions concerning baiting.
From page 146...
... 147 stringent limitation controls in the event of a conflict between airport zoning regulations and other regulations. Includes provisions for adoption and appeals of airport zoning regulations.
From page 147...
... 148 WEST VIRGINIA Section Subject Summary West Virginia Code 8A-7-2 Zoning Requires a general zoning ordinance to include designating of an airport area and establishment of land-use regulations within a specific distance from the boundaries of the airport. 29-2A-8 Airport property Authorizes the Aeronautics Commission to acquire property by purchase, gift, devise, lease, condemnation or otherwise, as is necessary to permit safe and efficient operation of the airports and air navigation facilities.
From page 148...
... 149 threatened species species and for permitting of take of listed species. 29.885 Wildlife damage Authorizes the Department to remove or permit the removal of a wild animal that is causing damage or that is causing a nuisance.
From page 149...
... 150 and transportation permit application, permit term, and disposition of wildlife. Chapter 34 Depredation hunting Specifies requirements and hunting seasons for hunting seasons for big game animals causing damage to land, growing cultivated crops, stored crops, seed crops, improvements or causing extraordinary damage to grass; hunting seasons for trophy game animals causing damage to livestock, and bees and/or honey and hives; or, hunting seasons for big game animals for the purpose of disease management.

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