HF 1928

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; establishing minimum standards for compatible land
uses in airport safety zones; amending Minnesota Statutes 2006, section 360.066,
subdivisions 1, 1a, 1b, by adding a subdivision; repealing Minnesota Statutes
2006, section 360.066, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 360.066, subdivision 1, is amended to read:

Subdivision 1.

Reasonableness.

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 Except as provided in subdivision 3, new text end in determining what
minimum airport zoning regulations 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.

Sec. 2.

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 deleted text begin existing land uses, particularly deleted text end 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
shall distinguish between the creation or establishment of a deleted text begin use deleted text end new text begin neighborhood new text end and
the elimination of deleted text begin an existing use deleted text end new text begin a neighborhood new text end , and shall avoid the elimination,
removal, or reclassification of existing deleted text begin uses deleted text end new text begin neighborhoods new text end to the extent consistent with
reasonable standards of safety. The standards of the commissioner shall include criteria
for determining when an existing deleted text begin land use deleted text end new text begin neighborhood new text end may constitute an airport hazard
so severe that considerations of public safety outweigh the public interest in preventing
disruption to that deleted text begin land use deleted text end new text begin neighborhood new text end .

(b) No airport zoning standards or local airport zoning ordinances or regulations
shall 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) which is classified as an airport
hazard shall be acquired, altered, or removed at public expense.

(d) The provisions of this subdivision shall 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. 3.

Minnesota Statutes 2006, section 360.066, subdivision 1b, is amended to read:

Subd. 1b.

Amendment of standards.

Within nine months after March 29, 1978,
the commissioner shall amend the standards defining airport hazard areas and categories
of uses permitted deleted text begin therein deleted text end to conform with the requirements of Laws 1978, chapter 654.
Until the commissioner adopts amended standards as required by this subdivision the
unamended standards, insofar as they require classification of any residential property as a
nonconforming use contrary to the provisions of subdivision 1a, paragraph (b), shall be
without force or effect.

Sec. 4.

Minnesota Statutes 2006, section 360.066, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Minimum zoning standards. new text end

new text begin (a) Notwithstanding any law to the contrary,
minimum standards for airport zoning ordinances are stated in this subdivision and are not
subject to modification by rule, local zoning, or by determination of the commissioner
under section 360.065, subdivision 2.
new text end

new text begin (b) The safety zones are defined as follows:
new text end

new text begin (1) Safety zone A is in the approach zones, as defined by the Federal Aviation
Administration (FAA) and Department of Transportation aeronautics rules, of a runway
and extends outward from the end of the primary surface a distance equal to two-thirds the
runway length or planned runway length.
new text end

new text begin (2) Safety zone B is in the approach zones, as defined by FAA and Department of
Transportation aeronautics rules, of a runway and extends outward from safety zone A, a
distance equal to one-third the runway length or the planned runway length.
new text end

new text begin (3) Safety zone C is that land enclosed within the perimeter of the horizontal zone,
as defined by FAA and Department of Transportation aeronautics rules, and not included
in zone A or zone B.
new text end

new text begin (c) Within each of the safety zones established in paragraph (b), minimum
standards for compatible land uses within each safety zone are established in table 3-7
published September 2006 in the Airport Land Use Compatibility Manual, Department
of Transportation Office of Aeronautics.
new text end

new text begin (d) Notwithstanding any law to the contrary, an existing structure in safety zone A
that is prohibited under paragraph (c) is an airport hazard and must be acquired by the
airport owner pursuant to eminent domain authority.
new text end

new text begin (e) Airport zoning ordinances containing provisions inconsistent with the minimum
requirements must be amended within 60 days of enactment of this section to comply with
the minimum requirements. An airport owner with no existing airport zoning ordinance
shall enact a zoning ordinance consistent with this chapter within 180 days of enactment
of this section.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 360.066, subdivision 2, new text end new text begin is repealed.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective the day following final enactment
new text end