A. The state real estate department shall have and make available to the public on request a map showing the exterior boundaries of each territory in the vicinity of a public airport. The map shall clearly set forth the boundaries on a street map. The state real estate department shall work closely with each public airport and affected local government as necessary to create a map that is visually useful in determining whether property is located in or outside of a territory in the vicinity of a public airport.

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Terms Used In Arizona Laws 28-8486

  • Airport: means an area of land or water that is designed and set aside for the landing and taking off of aircraft and that is utilized or to be utilized in the interest of the public for those purposes. See Arizona Laws 28-8461
  • Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
  • Political subdivision: means a city, town or county and includes a school district. See Arizona Laws 28-8461
  • Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
  • Territory in the vicinity: means any property located in the following zones:

    (a) For Luke air force base in Maricopa county, the zone is ten miles to the north, south and west and four miles to the east parallel from the center of the main runway of a military airport. See Arizona Laws 28-8461

B. Each public airport shall record the map prepared pursuant to subsection A in the office of the county recorder in each county that contains property in a territory in the vicinity of the public airport. The recorded map shall be sufficient to notify owners and potential purchasers of property that the property is located in or outside of a territory in the vicinity of a public airport.

C. For the purposes of this section:

1. "Public airport" means an airport that is owned by a political subdivision of this state or that is otherwise open to the public.

2. "Territory in the vicinity of a public airport" means property that is within the traffic pattern airspace as defined by the federal aviation administration and includes property that experiences a day-night average sound level as follows:

(a) In counties with a population of more than five hundred thousand persons, sixty decibels or higher at airports where such an average sound level has been identified in either the airport master plan for the twenty year planning period or in a noise study prepared in accordance with airport noise compatibility planning, Title 14 of the Code of Federal Regulations, Part 150.

(b) In counties with a population of five hundred thousand persons or less, sixty-five decibels or higher at airports where such an average sound level has been identified in the airport master plan for the twenty year planning period.