SF 2709

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to airports; expanding scope of airport 
  1.3             zoning provisions to include control of uses 
  1.4             incompatible with present and future airport use; 
  1.5             requiring a chapter on aviation planning in the state 
  1.6             transportation plan; creating an advisory council on 
  1.7             aviation planning; amending Minnesota Statutes 2002, 
  1.8             sections 174.03, by adding a subdivision; 360.061, by 
  1.9             adding subdivisions; 360.064, subdivision 1; 360.065; 
  1.10            360.066, subdivisions 1, 1a; 360.074; proposing coding 
  1.11            for new law in Minnesota Statutes, chapters 174; 360. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13                             ARTICLE 1
  1.14                           AIRPORT ZONING
  1.15     Section 1.  Minnesota Statutes 2002, section 360.061, is 
  1.16  amended by adding a subdivision to read: 
  1.17     Subd. 5.  [DEVELOPMENT AREA.] "Development area" means any 
  1.18  land located within two miles of the boundary of a commercial 
  1.19  service airport. 
  1.20     Sec. 2.  Minnesota Statutes 2002, section 360.061, is 
  1.21  amended by adding a subdivision to read: 
  1.22     Subd. 6.  [INCOMPATIBLE USE.] "Incompatible use" means 
  1.23  present or potential land use that is located within a 
  1.24  development area and is incompatible with the present function 
  1.25  of the airport, or future function as established in the state 
  1.26  transportation plan, because (1) it presents an actual or 
  1.27  potential obstacle to eventual development or expansion of the 
  1.28  airport, or (2) present or potential use of the airport presents 
  2.1   a significant threat, because of noise, increased traffic, or 
  2.2   other factors, to the quality of life of residential property 
  2.3   within the area in question. 
  2.4      Sec. 3.  [360.0631] [AIRPORT ZONING; DEVELOPMENT AREAS.] 
  2.5      Subdivision 1.  [ZONING AUTHORIZED.] A municipality or 
  2.6   joint airport zoning board having jurisdiction over a commercial 
  2.7   service airport as defined by the Federal Aviation 
  2.8   Administration may adopt zoning regulations to prevent 
  2.9   incompatible uses in development areas in the same manner as 
  2.10  provided for zoning regulations to prevent the creation or 
  2.11  establishment of airport hazards under sections 360.061 to 
  2.12  360.076.  A joint airport zoning board may not adopt zoning 
  2.13  regulations that are inconsistent with zoning regulations 
  2.14  adopted by a municipality having jurisdiction over all or a part 
  2.15  of a development area unless the joint airport zoning board 
  2.16  determines that the municipal zoning regulations allow for an 
  2.17  incompatible use. 
  2.18     Sec. 4.  Minnesota Statutes 2002, section 360.064, 
  2.19  subdivision 1, is amended to read: 
  2.20     Subdivision 1.  [COMPREHENSIVE REGULATIONS.] In the event 
  2.21  that a municipality has adopted, or hereafter adopts, a 
  2.22  comprehensive zoning ordinance regulating, among other things 
  2.23  the height of buildings or development or construction in a 
  2.24  development area, any airport zoning regulations applicable to 
  2.25  the same area or portion thereof may be incorporated in and made 
  2.26  a part of such comprehensive zoning regulations and be 
  2.27  administered and enforced in connection therewith. 
  2.28     Sec. 5.  Minnesota Statutes 2002, section 360.065, is 
  2.29  amended to read: 
  2.30     360.065 [AIRPORT ZONING; ADOPTION, APPROVAL.] 
  2.31     Subdivision 1.  [NOTICE, HEARING.] (a) No airport zoning 
  2.32  regulations shall be adopted, amended or changed under sections 
  2.33  360.011 to 360.076, except by action of the governing body of 
  2.34  the municipality or county in question, or the boards provided 
  2.35  for in section 360.063, subdivisions 3 and 7, or by the 
  2.36  commissioner as provided in subdivisions 6 and 8, after public 
  3.1   hearings, at which parties in interest and citizens shall have 
  3.2   an opportunity to be heard.  A public hearing shall be held on 
  3.3   the proposed regulations before they are submitted for approval 
  3.4   to the commissioner and after that approval but before final 
  3.5   adoption by the local zoning authority.  Notice of a hearing 
  3.6   required pursuant to this subdivision shall be published by the 
  3.7   local zoning authority at least three times during the period 
  3.8   between 15 days and five days before the hearing in an official 
  3.9   newspaper and in a second newspaper designated by that authority 
  3.10  which has a wide general circulation in the area affected by the 
  3.11  proposed regulations.  The notice shall not be published in the 
  3.12  legal notice section of a newspaper.  Notice of a hearing shall 
  3.13  also be mailed to the governing body of each political 
  3.14  subdivision in which property affected by the regulations is 
  3.15  located.  
  3.16     (b) In the case of a hearing on airport zoning regulations 
  3.17  intended to prevent the creation or establishment of airport 
  3.18  hazards, notice shall must be given by mail at least 15 days 
  3.19  before each hearing to any persons in municipalities that own 
  3.20  land proposed to be included in safety zone A or B as provided 
  3.21  in the rules of the Department of Transportation and to persons 
  3.22  or municipalities that have previously requested such notice 
  3.23  from the authority.  In the case of airport zoning regulations 
  3.24  intended to prevent incompatible uses in development areas, 
  3.25  notice must be given by mail at least 15 days before each 
  3.26  hearing to any persons who own land in the proposed development 
  3.27  area.  
  3.28     (c) For the purpose of giving mailed notice, the authority 
  3.29  may use any appropriate records to determine the names and 
  3.30  addresses of owners.  A copy of the notice and a list of the 
  3.31  owners and addresses to which the notice was sent shall be 
  3.32  attested to by the responsible person and shall be made a part 
  3.33  of the records of the proceedings.  The failure to give mailed 
  3.34  notice to individual property owners, or defects in the notice 
  3.35  shall not invalidate the proceedings; provided a bona fide 
  3.36  attempt to comply with this subdivision has been made.  A notice 
  4.1   shall describe the property affected by the proposed regulations 
  4.2   and the restrictions to be imposed on the property by the 
  4.3   regulations and shall state the place and time at which the 
  4.4   proposed regulations are available for public inspection.  
  4.5      Subd. 2.  [REGULATIONS SUBMITTED TO COMMISSIONER.] Prior to 
  4.6   adopting zoning regulations for an airport hazard area or 
  4.7   development area under sections 360.011 to 360.076, the 
  4.8   municipality, county, or joint airport zoning board which is to 
  4.9   adopt the regulations shall submit its proposed regulations to 
  4.10  the commissioner in order that the commissioner may determine 
  4.11  whether it conforms they conform to the standards prescribed by 
  4.12  the commissioner.  The commissioner shall immediately examine 
  4.13  the proposed regulations and report to the municipality, county, 
  4.14  or joint airport zoning board the commissioner's approval, or 
  4.15  objections, if any.  If objections are made by the commissioner 
  4.16  on the ground that the regulations do not conform to the 
  4.17  standards prescribed by the commissioner for the class of 
  4.18  airport involved, the municipality, county, or joint zoning 
  4.19  board shall make amendments as are necessary to meet the 
  4.20  objections unless it demonstrates that the social and economic 
  4.21  costs of restricting land uses in accordance with the standards 
  4.22  outweigh the benefits of a strict application of the standards.  
  4.23  The governing body of the municipality or county or the joint 
  4.24  airport zoning board shall not adopt the regulations or take 
  4.25  other action until the proposed regulations are approved by the 
  4.26  commissioner.  The commissioner may approve local zoning 
  4.27  ordinances that are more stringent than the standards.  A copy 
  4.28  of the regulations as adopted shall be filed with the county 
  4.29  recorder in each county in which the zoned area is located. 
  4.30     Substantive rights existing prior to the passage of this 
  4.31  subdivision and previously exercised are not affected by the 
  4.32  filing of the regulations. 
  4.33     Sec. 6.  Minnesota Statutes 2002, section 360.066, 
  4.34  subdivision 1, is amended to read: 
  4.35     Subdivision 1.  [REASONABLENESS.] (a) Standards of the 
  4.36  commissioner defining airport hazard areas and the categories of 
  5.1   uses permitted and airport zoning regulations adopted under 
  5.2   sections 360.011 to 360.076, shall be reasonable, and none shall 
  5.3   impose a requirement or restriction which is not reasonably 
  5.4   necessary to effectuate the purposes of sections 360.011 to 
  5.5   360.076.  
  5.6      (b) In determining what minimum airport zoning regulations 
  5.7   intended to regulate airport hazards may be adopted, the 
  5.8   commissioner and a local airport zoning authority shall 
  5.9   consider, among other things, the character of the flying 
  5.10  operations expected to be conducted at the airport, the location 
  5.11  of the airport, the nature of the terrain within the airport 
  5.12  hazard area, the existing land uses and character of the 
  5.13  neighborhood around the airport, the uses to which the property 
  5.14  to be zoned are planned and adaptable, and the social and 
  5.15  economic costs of restricting land uses versus the benefits 
  5.16  derived from a strict application of the standards of the 
  5.17  commissioner. 
  5.18     (c) In determining airport zoning regulations intended to 
  5.19  prevent the creation and establishment of incompatible uses in 
  5.20  development areas, the commissioner and a local zoning authority 
  5.21  shall consider, among other things, the present and future use 
  5.22  of the airport, existing land use and character of neighborhoods 
  5.23  within the development area, the uses to which the property to 
  5.24  be zoned are planned and adaptable, and the social and economic 
  5.25  costs of restricting land uses versus the benefits derived from 
  5.26  a strict application of the standards of the commissioner.  In 
  5.27  determining standards for noise, the commissioner shall apply 
  5.28  the Guidelines for Community Noise published by the World Health 
  5.29  Organization. 
  5.30     Sec. 7.  Minnesota Statutes 2002, section 360.066, 
  5.31  subdivision 1a, is amended to read: 
  5.32     Subd. 1a.  [PROTECTION OF EXISTING NEIGHBORHOOD.] (a) In 
  5.33  order to ensure the minimum disruption of existing land uses, 
  5.34  particularly established residential neighborhoods in built up 
  5.35  urban areas, the airport zoning standards of the commissioner 
  5.36  and the local airport zoning ordinances or regulations adopted 
  6.1   under sections 360.061 to 360.074 shall distinguish between the 
  6.2   creation or establishment of a use and the elimination of an 
  6.3   existing use, and shall avoid the elimination, removal, or 
  6.4   reclassification of existing uses to the extent consistent with 
  6.5   reasonable standards of safety and with the present and future 
  6.6   use of the airport.  The standards of the 
  6.7   commissioner regulating airport hazards shall include criteria 
  6.8   for determining when an existing land use may constitute an 
  6.9   airport hazard so severe that considerations of public safety 
  6.10  outweigh the public interest in preventing disruption to that 
  6.11  land use. 
  6.12     (b) No airport zoning standards or local airport zoning 
  6.13  ordinances or regulations shall be adopted pursuant to sections 
  6.14  360.061 to 360.074 that classify as a nonconforming use or 
  6.15  require such classification with respect to any low-density 
  6.16  residential structure or isolated low-density residential 
  6.17  building lots existing on January 1, 1978 in an established 
  6.18  residential neighborhood. 
  6.19     (c) A local airport zoning authority may classify a land 
  6.20  use described in paragraph (b) as an airport hazard if that 
  6.21  authority finds that this classification is justified by 
  6.22  considerations of public safety and is consistent with the 
  6.23  airport zoning standards of the commissioner.  Any land use 
  6.24  described in paragraph (b) which is classified as an airport 
  6.25  hazard shall be acquired, altered, or removed at public expense. 
  6.26     (d) The provisions of this subdivision shall not be 
  6.27  construed to affect the classification of any land use under any 
  6.28  zoning ordinances or regulations not adopted pursuant to 
  6.29  sections 360.061 to 360.074. 
  6.30     Sec. 8.  Minnesota Statutes 2002, section 360.074, is 
  6.31  amended to read: 
  6.32     360.074 [ACQUISITION OF AIR RIGHTS.] 
  6.33     In any case in which (1) it is desired to remove, lower, or 
  6.34  otherwise terminate a nonconforming structure or use, or (2) the 
  6.35  approach or development area protection necessary cannot, 
  6.36  because of constitutional limitations, be provided by airport 
  7.1   zoning regulations under sections 360.011 to 360.076, or (3) it 
  7.2   appears advisable that the necessary approach or development 
  7.3   area protection be provided by acquisition of property rights 
  7.4   rather than by airport zoning regulations, the municipality 
  7.5   within which the property or nonconforming use is located or the 
  7.6   municipality owning the airport or served by it may proceed 
  7.7   under section 360.032, subdivision 3, to acquire such easements 
  7.8   through or other interest in air spaces over land or water, 
  7.9   interests in airport hazards or other structures outside the 
  7.10  boundaries of the airport, and such other airport protection 
  7.11  privileges as are necessary to effectuate the purposes of 
  7.12  sections 360.011 to 360.076. 
  7.13     Sec. 9.  [EFFECTIVE DATE.] 
  7.14     Sections 1 to 8 are effective July 1, 2005. 
  7.15                             ARTICLE 2
  7.16                         AVIATION PLANNING
  7.17     Section 1.  Minnesota Statutes 2002, section 174.03, is 
  7.18  amended by adding a subdivision to read: 
  7.19     Subd. 2a.  [STATE AVIATION PLAN.] (a) Each revision of the 
  7.20  state transportation plan must include a chapter setting out a 
  7.21  state aviation plan.  The plan must include the following: 
  7.22     (1) an analysis of the projected commercial aviation needs 
  7.23  of the state over the next 20 years; 
  7.24     (2) a description of the present capacity, function, and 
  7.25  levels of activity at each commercial service airport as 
  7.26  designated by the Federal Aviation Administration, each airport 
  7.27  that the commissioner determines is likely to become a 
  7.28  commercial service airport in the next 20 years, and any other 
  7.29  airport that the commissioner determines should be included by 
  7.30  reason of commercial passenger or cargo service levels; and 
  7.31     (3) a description of the capacity, function, and levels of 
  7.32  activity that each airport identified in clause (2) must have in 
  7.33  order to carry out the plan's goal and objectives and meet the 
  7.34  needs described under clause (1). 
  7.35     (b) In assessing aviation needs and the capacity, function, 
  7.36  and level of activity at any airport, the plan must consider 
  8.1   both commercial passenger service and cargo service. 
  8.2      Sec. 2.  [174.032] [ADVISORY COUNCIL ON AVIATION PLANNING.] 
  8.3      Subdivision 1.  [ADVISORY COUNCIL CREATED.] (a) The 
  8.4   commissioner shall create an advisory council on aviation 
  8.5   planning to advise the commissioner on the aviation chapter of 
  8.6   the state transportation plan.  The council consists of the 
  8.7   following members appointed by the commissioner except where 
  8.8   otherwise provided: 
  8.9      (1) one member of the Metropolitan Airports Commission; 
  8.10     (2) one representative of major commercial airlines; 
  8.11     (3) one representative of independent pilots who fly for 
  8.12  small business; 
  8.13     (4) one representative of the air cargo industry; 
  8.14     (5) two representatives of the business community unrelated 
  8.15  to aviation, one of whom must reside within the seven-county 
  8.16  metropolitan area and one of whom must reside outside that area; 
  8.17     (6) one representative of environmental interests; 
  8.18     (7) one employee of the Department of Transportation's 
  8.19  Office of Aeronautics; 
  8.20     (8) two representatives of neighborhoods that are 
  8.21  significantly affected by airplane noise; 
  8.22     (9) one representative of tier-two airports (St. Cloud, 
  8.23  Duluth, Willmar, and Rochester); 
  8.24     (10) one member of the senate committee having jurisdiction 
  8.25  over transportation policy, appointed by the chair of that 
  8.26  committee; and 
  8.27     (11) one member of the house of representatives committee 
  8.28  having jurisdiction over transportation policy, appointed by the 
  8.29  chair of that committee. 
  8.30     (b) Members of the advisory council serve at the pleasure 
  8.31  of the appointing authority.  Members shall serve without 
  8.32  compensation. 
  8.33     Subd. 2.  [ADVISORY COUNCIL DUTIES.] (a) The advisory 
  8.34  council on aviation planning shall advise the commissioner on 
  8.35  the aviation planning chapter of the state transportation plan 
  8.36  required under section 174.03, subdivision 2a.  In carrying out 
  9.1   these duties the advisory council shall prepare an initial draft 
  9.2   of the chapter and submit it to the commissioner, revise the 
  9.3   draft if so requested by the commissioner, and comment to the 
  9.4   commissioner on any revisions to the draft the commissioner 
  9.5   makes.  In drafting the chapter the council shall consider: 
  9.6      (1) present and anticipated capacity needs of commercial 
  9.7   service airports, including limitations on expanding the 
  9.8   capacity of individual commercial service airports imposed by 
  9.9   state or local regulations, safety or environmental concerns, 
  9.10  and land uses near the airport that are incompatible with 
  9.11  airport operations; 
  9.12     (2) the needs of Minnesota residents and businesses for 
  9.13  passenger and cargo service, from both a statewide and regional 
  9.14  perspective; 
  9.15     (3) anticipated changes in commercial aircraft types and 
  9.16  characteristics; 
  9.17     (4) noise and other environmental impacts of aviation at 
  9.18  commercial service airports; 
  9.19     (5) trends in the aviation and airline industries; and 
  9.20     (6) relationship between aviation and other forms of 
  9.21  transportation covered by the state transportation plan. 
  9.22     (b) The advisory council may also make recommendations to 
  9.23  the commissioner, the Metropolitan Airports Commission, and the 
  9.24  legislature concerning the policy steps needed to implement the 
  9.25  chapter. 
  9.26     Subd. 3.  [TERM OF COUNCIL; EXPIRATION; RECONVENING.] (a) 
  9.27  The commissioner shall appoint the first advisory council by 
  9.28  July 1, 2004.  The council shall submit any recommendations it 
  9.29  makes to the legislature by January 15, 2005.  The terms of all 
  9.30  members of the advisory council serving on July 1, 2004, expire 
  9.31  on January 1, 2006. 
  9.32     (b) The commissioner shall appoint and convene a new 
  9.33  advisory council not less than two years before the date on 
  9.34  which each revision of the state transportation plan is required 
  9.35  under section 174.03, subdivision 1a.  Each such advisory 
  9.36  council must consist of members as prescribed in subdivision 1, 
 10.1   who shall serve on the same terms as set forth under subdivision 
 10.2   1.  Each such advisory council expires on the date on which the 
 10.3   revision of the state transportation plan becomes final.