Utah Code 72-10-403 v2. Airport zoning regulations
Current as of: 2024 | Check for updates
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(1) Flight of aircraft over the lands and waters of the state is lawful, unless:
Terms Used In Utah Code 72-10-403 v2
- Aircraft: means any contrivance now known or in the future invented, used, or designed for navigation of or flight in the air. See Utah Code 72-10-102
- Airport: means any publicly used area of land or water that is used, or intended to be used, for the landing and take-off of aircraft and utilized or to be utilized in the interest of the public for these purposes. See Utah Code 72-10-401
- Airport influence area: means land located within 5,000 feet of an airport runway. See Utah Code 72-10-401
- Airport overlay zone: means a secondary zoning district designed to protect the public health, safety, and welfare near an airport that:(4)(a) applies land use regulation in addition to the primary zoning district land use regulation of property used as an airport and property within an airport influence area;(4)(b) may extend beyond the airport influence area;(4)(c) ensures airport utility as a public asset;(4)(d) protects property owner land values near an airport through compatible land use regulations as recommended by the Federal Aviation Administration; and(4)(e) protects aircraft occupant safety through protection of navigable airspace. See Utah Code 72-10-401
- Avigation easement: means an easement permitting unimpeded aircraft flights over property subject to the easement and includes the right:
(5)(a) to create or increase noise or other effects that may result from the lawful operation of aircraft; and(5)(b) to prohibit or remove any obstruction to such overflight. See Utah Code 72-10-401- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Flight: means any kind of locomotion by aircraft while in the air. See Utah Code 72-10-102
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Person: means any individual, corporation, limited liability company, or association of individuals. See Utah Code 72-10-102
- Political subdivision: means any municipality, city, town, or county. See Utah Code 72-10-401
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) at such a low altitude as to interfere with the existing use to which the owner has put the land, water, or the airspace over the land or water; or(1)(b) so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath.(2) In order to prevent the creation or establishment of airport hazards, each political subdivision located within an airport influence area, shall adopt, administer, and enforce land use regulations for the airport influence area, including an airport overlay zone, under the police power and in the manner and upon the conditions prescribed:(2)(a) in this part;(2)(b) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; and(2)(c) Title 17, Chapter 27a, County Land Use, Development, and Management Act.(3)(3)(a) Each political subdivision located within an airport influence area shall notify a person building on or developing land in an airport influence area, in writing, of aircraft overflights and associated noise.(3)(b) To promote the safe and efficient operation of the airport, a political subdivision located within an airport influence area:(3)(b)(i) shall:(3)(b)(i)(A) adopt an airport overlay zone conforming to the requirements of this chapter and 14 C.F.R. part 77; and(3)(b)(i)(B) require any proposed development within an airport influence area to conform with 14 C.F.R. part 77; and(3)(b)(ii) may, as a condition to granting a building permit, subdivision plat, or a requested zoning change within an airport influence area, require a person building or developing land to grant or sell to the airport owner, at appraised fair market value, an avigation easement.(4) If a political subdivision located within an airport influence area fails to adopt an airport overlay zone by December 31, 2024, then the following requirements shall apply in an airport influence area:(4)(a) each political subdivision located within an airport influence area shall notify a person building on or developing land within an airport influence area, in writing, of aircraft overflights and associated noise;(4)(b) as a condition to granting a building permit, subdivision plat, or a requested zoning change within an airport influence area, require the person building or developing land to grant or sell to the airport owner, at appraised fair market value, an avigation easement; and(4)(c) require a person building or developing land within an airport influence area conform to the requirements of this chapter and 14 C.F.R. part 77. - Avigation easement: means an easement permitting unimpeded aircraft flights over property subject to the easement and includes the right: