Office of the Revisor of Statutes
SF 183
Introduction - 85th Legislature (2007 - 2008)
Posted on 12/15/2009 12:00 a.m.
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A bill for an act
relating to airports; expanding scope of airport zoning provisions to include
control of uses incompatible with present and future airport use; making technical
and clarifying changes; amending Minnesota Statutes 2006, sections 360.061, by
adding subdivisions; 360.064, subdivision 1; 360.065; 360.066, subdivisions 1,
1a; 360.074; proposing coding for new law in Minnesota Statutes, chapter 360.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 360.061, is amended by adding a
subdivision to read:
new text begin Subd. 5. new text end
new text begin Development area. new text end
new text begin
"Development area" means any land located within
two miles of the boundary of a commercial service airport.
new text end
Sec. 2.
Minnesota Statutes 2006, section 360.061, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Incompatible use. new text end
new text begin
"Incompatible use" means present or potential land use
that is located within a development area and is incompatible with the present function
of the airport, or future function as established in the state transportation plan, because
(1) it presents an actual or potential obstacle to eventual development or expansion of the
airport, or (2) present or potential use of the airport presents a significant threat, because
of noise, increased traffic, or other factors, to the quality of life of residential property
within the area in question.
new text end
Sec. 3.
new text begin
[360.0631] AIRPORT ZONING; DEVELOPMENT AREAS.
new text end
new text begin Subdivision 1. new text end
new text begin Zoning authorized. new text end
new text begin
A municipality or joint airport zoning board
having jurisdiction over a commercial service airport as defined by the Federal Aviation
Administration in Code of Federal Regulations, title 14, section 150.7, may adopt zoning
regulations to prevent incompatible uses in development areas in the same manner as
provided for zoning regulations to prevent the creation or establishment of airport hazards
under sections 360.061 to 360.076. A joint airport zoning board may not adopt zoning
regulations that are inconsistent with zoning regulations adopted by a municipality having
jurisdiction over all or a part of a development area unless the joint airport zoning board
determines that the municipal zoning regulations allow for an incompatible use.
new text end
Sec. 4.
Minnesota Statutes 2006, section 360.064, subdivision 1, is amended to read:
Subdivision 1.
Comprehensive regulations.
In the event that a municipality
has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among
other thingsnew text begin ,new text end the height of buildingsnew text begin or development or construction in a development
areanew text end , any airport zoning regulations applicable to the same area or portion thereof may
be incorporated in and made a part of such comprehensive zoning regulations and be
administered and enforced in connection therewith.
Sec. 5.
Minnesota Statutes 2006, section 360.065, is amended to read:
360.065 AIRPORT ZONING; ADOPTION AND APPROVAL OF PROPOSED
REGULATIONS.
Subdivision 1.
Notice of proposed zoning regulations, hearing.
deleted text begin Nodeleted text end new text begin (a) new text end Airport
zoning regulations deleted text begin shalldeleted text end new text begin may notnew text end be adopted, amended, or changed under sections 360.011
to 360.076, except by action of the governing body of the municipality or county in
question, deleted text begin ordeleted text end new text begin bynew text end the boards provided for in section 360.063, subdivisions 3 and 7, or by the
commissioner as provided in subdivisions 6 and 8, after public hearings, at which parties
in interest and citizens deleted text begin shall havedeleted text end new text begin are entitled tonew text end an opportunity to be heard. A public
hearing deleted text begin shalldeleted text end new text begin mustnew text end be held on the proposed regulations before they are submitted for
approval to the commissioner and after that approval but before final adoption by the local
zoning authority. Notice of a hearing required deleted text begin pursuant todeleted text end new text begin bynew text end this subdivision deleted text begin shalldeleted text end new text begin mustnew text end be
published by the local zoning authority at least three times during the period between 15
days and five days before the hearing in an official newspaper and in a second newspaper
designated by that authority which has a wide general circulation in the area affected by
the proposed regulations. The notice deleted text begin shalldeleted text end new text begin maynew text end not be published in the legal notice section
of a newspaper. Notice of a hearing deleted text begin shalldeleted text end new text begin mustnew text end also be mailed to the governing body of
each political subdivision in which property affected by the regulations is located.
new text begin (b) In the case of a hearing on airport zoning regulations intended to prevent the
creation or establishment of airport hazards, new text end noticedeleted text begin shalldeleted text end new text begin must new text end be given by mail at least 15
days before each hearing to any persons in municipalities that own land proposed to be
included in safety zone A or B as provided in the rules of the Department of Transportation
and to persons or municipalities that have previously requested such notice from the
authority. new text begin In the case of airport zoning regulations intended to prevent incompatible uses
in development areas, notice must be given by mail at least 15 days before each hearing to
any persons who own land in the proposed development area.
new text end
new text begin (c) new text end For the purpose of giving mailed notice, the authority may use any appropriate
records to determine the names and addresses of owners. A copy of the notice and a
list of the owners and addresses to which the notice was sent deleted text begin shalldeleted text end new text begin mustnew text end be attested to
by the responsible person and deleted text begin shall bedeleted text end made a part of the records of the proceedings.
The failure to give mailed notice to individual property owners, or defects in the notice,
deleted text begin shalldeleted text end new text begin doesnew text end not invalidate the proceedings; provided a bona fide attempt to comply with
this subdivision has been made. A notice deleted text begin shalldeleted text end new text begin mustnew text end describe the property affected by the
proposed regulations and the restrictions to be imposed on the property by the regulations
and deleted text begin shalldeleted text end state the place and time at which the proposed regulations are available for
public inspection.
Subd. 2.
Regulations submitted to commissioner.
Prior to adopting zoning
regulations for an airport hazard area new text begin or development area new text end under sections 360.011 to
360.076, the municipality, county, or joint airport zoning board deleted text begin whichdeleted text end new text begin thatnew text end is to adopt
the regulations shall submit its proposed regulations to the commissioner in order that
the commissioner may determine whetherdeleted text begin it conformsdeleted text end new text begin they conform new text end to the standards
prescribed by the commissioner. The commissioner shall immediately examine the
proposed regulations and report to the municipality, county, or joint airport zoning
board the commissioner's approval, or objections, if any. If objections are made by
the commissioner on the ground that the regulations do not conform to the standards
prescribed by the commissioner for the class of airport involved, the municipality, county,
or joint zoning board shall make amendments as are necessary to meet the objections
unless it demonstrates that the social and economic costs of restricting land uses in
accordance with the standards outweigh the benefits of a strict application of the standards.
The governing body of the municipality or county or the joint airport zoning board shall
not adopt the regulations or take other action until the proposed regulations are approved
by the commissioner. The commissioner may approve local zoning ordinances that are
more stringent than the standards. A copy of the regulations as adopted deleted text begin shalldeleted text end new text begin mustnew text end be filed
with the county recorder in each county in which the zoned area is located.
Substantive rights existing prior to the passage of this subdivision and previously
exercised are not affected by the filing of the regulations.
Subd. 3.
Disclosure of airport zoning regulations.
Before accepting consideration
or signing an agreement to sell or transfer real property that is located in safety zone
A, B, or C, excluding safety zones associated with an airport owned or operated by the
Metropolitan Airports Commission, under zoning regulations adopted by the governing
body, the seller or transferor, whether executing the agreement in the seller or transferor's
own rightdeleted text begin ,deleted text end or as executor, administrator, assignee, trustee, or otherwise by authority of
law, deleted text begin mustdeleted text end new text begin shallnew text end disclose in writing to the buyer or transferee the existence of airport zoning
regulations that affect the real property.
Sec. 6.
Minnesota Statutes 2006, section 360.066, subdivision 1, is amended to read:
Subdivision 1.
Reasonableness.
new text begin (a) new text end Standards of the commissioner defining
airport hazard areas and the categories of uses permitted and airport zoning regulations
adopted under sections 360.011 to 360.076, shall be reasonable, and none shall impose a
requirement or restriction which is not reasonably necessary to effectuate the purposes
of sections 360.011 to 360.076.
new text begin (b) new text end In determining what minimum airport zoning regulations new text begin intended to regulate
airport hazards new text end may be adopted, the commissioner and a local airport zoning authority
shall consider, among other things, the character of the flying operations expected to be
conducted at the airport, the location of the airport, the nature of the terrain within the
airport hazard area, the existing land uses and character of the neighborhood around the
airport, the uses to which the property to be zoned are planned and adaptable, and the
social and economic costs of restricting land uses versus the benefits derived from a strict
application of the standards of the commissioner.
new text begin
(c) In determining airport zoning regulations intended to prevent the creation and
establishment of incompatible uses in development areas, the commissioner and a local
zoning authority shall consider, among other things, the present and future use of the
airport, existing land use and character of neighborhoods within the development area,
the uses to which the property to be zoned are planned and adaptable, and the social
and economic costs of restricting land uses versus the benefits derived from a strict
application of the standards of the commissioner. In determining standards for noise, the
commissioner shall apply the Guidelines for Community Noise published by the World
Health Organization.
new text end
Sec. 7.
Minnesota Statutes 2006, section 360.066, subdivision 1a, is amended to read:
Subd. 1a.
Protection of existing neighborhood.
(a) In order to ensure the minimum
disruption of existing land uses, particularly established residential neighborhoods in
built-up urban areas, the airport zoning standards of the commissioner and the local
airport zoning ordinances or regulations adopted under sections 360.061 to 360.074 deleted text begin shalldeleted text end new text begin
mustnew text end distinguish between the creation or establishment of a use and the elimination of
an existing use, and deleted text begin shalldeleted text end avoid the elimination, removal, or reclassification of existing
uses to the extent consistent with reasonable standards of safetynew text begin and with the present
and future use of the airportnew text end . The standards of the commissioner deleted text begin shalldeleted text end new text begin regulating airport
hazards mustnew text end include criteria for determining when an existing land use may constitute an
airport hazard so severe that considerations of public safety outweigh the public interest
in preventing disruption to that land use.
(b) deleted text begin Nodeleted text end Airport zoning standards or local airport zoning ordinances or regulations
deleted text begin shalldeleted text end new text begin may notnew text end be adopted pursuant to sections 360.061 to 360.074 that classify as
a nonconforming use or require such classification with respect to any low-density
residential structure or isolated low-density residential building lots existing on January 1,
1978 in an established residential neighborhood.
(c) A local airport zoning authority may classify a land use described in paragraph
(b) as an airport hazard if that authority finds that this classification is justified by
considerations of public safety and is consistent with the airport zoning standards of the
commissioner. Any land use described in paragraph (b) deleted text begin whichdeleted text end new text begin thatnew text end is classified as an
airport hazard deleted text begin shalldeleted text end new text begin must new text end be acquired, altered, or removed at public expense.
(d) The provisions of this subdivision deleted text begin shalldeleted text end new text begin mustnew text end not be construed to affect the
classification of any land use under any zoning ordinances or regulations not adopted
pursuant to sections 360.061 to 360.074.
Sec. 8.
Minnesota Statutes 2006, section 360.074, is amended to read:
360.074 ACQUISITION OF AIR RIGHTS.
In any case in which (1) it is desired to remove, lower, or otherwise terminate a
nonconforming structure or use, deleted text begin ordeleted text end (2) the approach new text begin or development area new text end protection
necessary cannot, because of constitutional limitations, be provided by airport zoning
regulations under sections 360.011 to 360.076, or (3) it appears advisable that the
necessary approach new text begin or development area new text end protection be provided by acquisition of property
rights rather than by airport zoning regulations, the municipality within which the property
or nonconforming use is located or the municipality owning the airport or served by it may
proceed under section 360.032, subdivision 3, to acquire such easements through or other
interest in air spaces over land or water, interests in airport hazards new text begin or other structures
new text end outside the boundaries of the airport, and such other airport protection privileges as are
necessary to effectuate the purposes of sections 360.011 to 360.076.
Sec. 9. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 8 are effective July 1, 2007.
new text end