Summary of SENATE BILL 1265
The primary reason for zoning on and around airports is to protect the airport and its environs from aviation hazards.
"Aviation hazard" means any new or existing structure, object of natural growth, use of land, or modification thereto, which endangers the lives and property of users of an airport, or of occupants of land in its vicinity, and that reduces the size of the area available for landing, taking off and maneuvering of aircraft, or extends up into the airspace between airports to cause disastrous and needless loss of life and property”. (IC § 21-501 (2))
"Aviation hazard area" means any area of land or water upon which an aviation hazard might be established”. (IC § 21-501 (3))
Protection is accomplished through the restriction of the height of objects on and near an airport, restriction of the types of buildings and land uses near airports, and the marking of hazards that otherwise can’t be removed. When there is a diversity of land ownerships around an airport, there must be greater zoning control to protect airports and their neighbors.
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The Second Regular Session of the 62nd Idaho Legislature (2014) enacted legislation relating to Airport Zoning. Senate Bill 1265 ‘ZONING’ passed the Senate on Feb 20th, the House on March 6th, and was signed by Governor Otter on March 13, 2014. It goes into effect on July 1, 2014.
The bill was written in response to a number of failed attempts during past legislative sessions to pass broad reforms relative to airport land use zoning proposals. This bill was narrower in scope and designed so some improved provisions might become law. The intent of his bill was to provide local planning and zoning agencies with strengthen powers to plan and zone for the protection of Idaho airports.
This was accomplished by:
qremoving the Idaho Division of Aeronautics from the authority to adopt, administer, and enforce Land Use Zoning around airports and transfer that authority to local planning and zoning agencies,
qpromoting the health, safety and general welfare of the people of the state of Idaho by “protecting public airports as essential community facilities that provide safe transportation alternatives and contribute to the economy of the state.
qrequiring Comprehensive Plans to prepare “An analysis prepared with assistance from the Idaho transportation department division of aeronautics, if requested by the planning and zoning commission, and the manager or person in charge of the local public airport identifying, but not limited to, facility locations, the scope and type of airport operations, existing and future planned airport development and infrastructure needs, and the economic impact to the community.
qrequiring notice to “the manager or person in charge of the local public airport” when changing the comprehensive plan,
qrequiring notice to “the manager or person in charge of the local public airport” prior to granting a special use permit,
qrequiring notice prior to the Transfer of Development Rights and instituting conditions to avoid creation of aviation hazards as defined in section 21-501(2), Idaho Code,
qrequiring notice relative to issuance of a variance to “the manager or person in charge of the local public airport if the variance could create an aviation hazard as defined in section 21-501, Idaho Code.”
The bill was supported by a broad coalition of the aviation community including the Idaho Aviation Association (IAA), T-O Engineers, the Aircraft Owners and Pilots Association (AOPA), Idaho Airport Management Association (IAMA), Paragon Consulting Civil Engineers, the Association of Idaho Cities, and upon amendment the Idaho Association of Realtors. Other supporters included the Idaho Association of Counties and without opposition the Idaho Association of Commerce and Industry.
The bill was masterly sponsored by Senator Lee Heider of Twin Falls (District 24) who as has worked on this topic for a number of years. Additionally, Senator Heider is familiar with many of the issues faced by the Magic Valley Regional Airport (Twin Falls) as well as being a former military pilot and a current private pilot.
The Idaho Division of Aeronautics is currently preparing a manual to assist local airport and Planning and Zoning Commissions to implement this law.
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