SF 79

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to airports; establishing airport land use
commissions; requiring the development and adoption of
comprehensive airport land use plans; providing duties
and powers; creating a task force; requiring a report;
proposing coding for new law in Minnesota Statutes,
chapter 360.

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

Section 1.

new text begin [360.0715] AIRPORT LAND USE COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin By January 15, 2008, every
county in which there is located an airport which is served by a
scheduled airline shall establish an airport land use
commission. Every county in which there is located an airport
which is not served by a scheduled airline, but is operated for
the benefit of the general public, shall establish an airport
land use commission by January 15, 2008, except that the board
of commissioners of a county may, by April 15, 2007, after
consultation with the appropriate airport operators and affected
local entities and after a public hearing, adopt a resolution
finding that there are no noise, public safety, or land use
issues which require the creation of a commission and that
proper airport land use planning can be accomplished by an
appropriately designated body, and declaring the county exempt
from this requirement. The board of commissioners must, after
adopting the resolution, transmit a copy of it to the
commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) Each commission under this
section shall consist of seven members to be selected as follows:
new text end

new text begin (1) two persons representing the cities in the county,
appointed by a city selection committee comprised of the mayors
of all the cities within that county, except that if there are
any cities contiguous or adjacent to the airport, at least one
representative shall be appointed therefrom;
new text end

new text begin (2) two persons representing the county, appointed by the
county board of commissioners;
new text end

new text begin (3) two persons having expertise in aviation, appointed by
a selection committee comprised of the managers of the public
airport located within the county; and
new text end

new text begin (4) one person representing the general public, appointed
by the commissioner.
new text end

new text begin (b) Public officers, whether elected or appointed, may be
appointed and serve as members of the commission during their
terms of public office.
new text end

new text begin (c) A person "having expertise in aviation" means a person
who, by way of education, training, business, experience,
vocation, or avocation has acquired knowledge of and familiarity
with the function, operation, and role of airports, or is an
elected official of a local agency which owns or operates an
airport.
new text end

new text begin Subd. 3. new text end

new text begin Terms; compensation; operation. new text end

new text begin Members of the
commission shall be appointed for a term of four years. The
commission shall select among its members one person to serve as
chair. Compensation of members, if any, shall be determined by
the county board of commissioners. The county board shall
provide necessary staff and administrative support to the
commission. The commission shall not employ any personnel
either as employees or independent contractors without approval
of the county board of commissioners.
new text end

new text begin Subd. 4. new text end

new text begin Meetings. new text end

new text begin The commission shall meet at the call
of the chair or at the request of a majority of commission
members. A majority of the commission members shall constitute
a quorum. No action shall be taken by the commission except by
a vote on the record of a majority of the full membership. A
member of the commission may not participate in or vote on a
decision of the commission relating to a matter in which the
member has either a direct or indirect financial interest or a
conflict of interest as described in section 10A.07.
new text end

new text begin Subd. 5. new text end

new text begin Powers and duties. new text end

new text begin (a) The commission has the
following powers and duties:
new text end

new text begin (1) to assist local agencies in ensuring compatible land
uses in the vicinity of all new airports and the vicinity of
existing airports to the extent that the land in the vicinity of
those airports is not already devoted to incompatible uses;
new text end

new text begin (2) to coordinate planning at the state, regional, and
local levels to provide for the orderly development of air
transportation, and protecting the public health, safety, and
welfare;
new text end

new text begin (3) to prepare an airport land use plan under subdivision
6; and
new text end

new text begin (4) to review the plans, regulations, and other actions of
local agencies and airport operators.
new text end

new text begin (b) The powers of the commission under this subdivision
shall in no way be construed to give the commission jurisdiction
over the operation of any airport.
new text end

new text begin Subd. 6. new text end

new text begin Plan. new text end

new text begin (a) The commissioner shall develop and
implement a program to provide training and development in, and
establish standards for, airport land use planning. The program
must include:
new text end

new text begin (1) the establishment of a process for the development and
adoption of comprehensive land use plans;
new text end

new text begin (2) the development of criteria for determining airport
land use planning boundaries;
new text end

new text begin (3) the identification of essential elements which should
be included in land use plans, such as height restrictions on
buildings, specification of land use, development density, and
building standards, including soundproofing adjacent to
airports, within the planning area; and
new text end

new text begin (4) appropriate criteria and procedures for reviewing
proposed development and determining whether proposed
developments are compatible with the airport use.
new text end

new text begin (b) The commissioner shall provide formal courses or
training programs, sponsor seminars and workshops, and publish
and make available informational materials.
new text end

new text begin (c) Each airport land use commission shall formulate,
adopt, or amend a comprehensive airport land use plan guided by
the information prepared and updated by the commissioner under
this subdivision. A comprehensive airport land use plan must
provide for the orderly growth of the airport and the area
surrounding the airport that will safeguard the public safety,
health, and welfare. The plan must include and be based on a
long-range master plan or an airport layout plan, as determined
by the commissioner, that reflects the anticipated growth of the
airport during at least the next 20 years. A commission must
submit to the commissioner one copy of the plan and each
amendment to the plan.
new text end

new text begin Subd. 7. new text end

new text begin Review. new text end

new text begin (a) Until a commission adopts a
comprehensive land use plan, a municipality, county, or joint
airport zoning board must submit all actions, regulations, and
permits within the vicinity of a public airport to the
commission for review and approval. Before review or approval,
the commission must give reasonable public notice and
opportunity for a hearing. For purposes of this subdivision,
"vicinity" means land which will be included or reasonably could
be included within the plan.
new text end

new text begin (b) If the commission disapproves an action, regulation, or
permit, the commission shall notify the municipality, county, or
joint airport zoning board. The municipality, county, or joint
zoning board may overrule the commission by a two-thirds vote of
its governing body. If a municipality, county, or joint airport
zoning board overrules the commission, that action shall not
relieve the municipality, county, or joint airport zoning board
from further compliance with this section, after the commission
adopts the comprehensive airport land use plan.
new text end

new text begin Subd. 8. new text end

new text begin Alternative requirements. new text end

new text begin (a) If a county board
of commissioners adopts a resolution that a commission is not
formed under subdivision 1, the county board must, subject to
the review and approval of the commissioner:
new text end

new text begin (1) adopt processes for the preparation, adoption, and
amendment of the comprehensive airport land use plan for each
airport within the county;
new text end

new text begin (2) adopt processes for the notification of the general
public, landowners, interested groups, and other public agencies
regarding the preparation, adoption, and amendment of the
comprehensive airport land use plans; and
new text end

new text begin (3) designate the agency that shall be responsible for the
preparation, adoption, and amendment of the comprehensive
airport land use plan.
new text end

new text begin (b) The commissioner shall review the processes adopted
under paragraph (a) and shall approve them if the commissioner
determines that the processes:
new text end

new text begin (1) result in the preparation, adoption, and implementation
of comprehensive airport land use plans in a reasonable period
of time;
new text end

new text begin (2) rely on the height, use, noise, safety, and density
criteria that are compatible with airport operations, as
established by guidelines, rules, or standards prescribed by the
commissioner in subdivision 6, and any applicable federal
aviation regulations; and
new text end

new text begin (3) provide adequate notice to the general public,
landowners, interested groups, and other public agencies to
review and comment on the processes.
new text end

new text begin (c) If the county board of commissioners fails to comply
with the requirements of this subdivision, then the plan and
amendments shall not be considered adopted and a commission
shall be established within 90 days of the determination of
noncompliance by the commissioner.
new text end

Sec. 2. new text begin TASK FORCE.
new text end

new text begin (a) A task force is created to study and make
recommendations regarding the implementation of section 1. The
task force shall review Minnesota Statutes and make suggestions
for recodifying and renumbering sections, correcting cross
references, repealing obsolete laws, and making other technical
and conforming amendments to Minnesota Statutes, required by the
enactment of this act.
new text end

new text begin (b) The task force is composed of nine members having
expertise in aviation, as defined in section 1, subdivision 2,
to be appointed as follows:
new text end

new text begin (1) the commissioner of transportation or the
commissioner's designee;
new text end

new text begin (2) one member to be appointed by the Metropolitan Council;
new text end

new text begin (3) one member to be appointed by the Metropolitan Airports
Commission;
new text end

new text begin (4) one member to be appointed by the Association of
Minnesota Counties;
new text end

new text begin (5) one member to be appointed by the League of Minnesota
Cities; and
new text end

new text begin (6) four members to be appointed by the governor.
new text end

new text begin The governor shall appoint one member to serve as chair.
new text end

new text begin (c) The task force is encouraged to consult with
landowners, interest groups, and other public agencies. The
task force shall submit a report with its findings and
recommendations to the legislature and governor by February 15,
2007. The task force expires upon the adjournment of the 2007
regular legislative session.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
Counties, as required by this act, must adopt a comprehensive
airport land use plan, as provided in section 1, subdivision 6
or 7, by April 15, 2010.
new text end