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Airport Zoning Act67-5-212 AERONAUTICS 1262 1263 AIRPORT ZONING ACT 67-6-201 67-5-212. Penalty. Any person or firm or corporation violating any of the provisions of this law shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500 or by imprisonment for a period of not more than 6 months or by both such fine and imprisonment. Each such person, firm, or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of this law is committed, continued, or permitted by such person, firm, or corporation and shall be punishable as provided by such law. History- En. Sec. 12, Ch. 12, L. 1939; R.C.M. 1947, 1-709. CHAPTER 6 AIRPORT ZONING ACT Part 1— General Provisions 67-6-101. Short title. 67-6-102. Legislative finding and purpose. 67-6-103. Constitutional restriction. Part 2 — Zoning 67-6-201. Airport zoning power. 67-6-202. Airport zoning regulations — procedure — commission. 67-6-203. Airport zoning regulations — requirements. 67-6-204. Zoning regulations — merger or conflict. 67-6-205. Airport zoning regulations — administration. 67-6-206. Board of adjustment. 67-6-207. Permits — variances. 67-6-208 through 67-6-210 reserved. 67-6-211. Penalty —injunction. Part 3 — Miscellaneous Provisions 67-6-301. Acquisition of property rights when zoning not sufficient. Chapter Cross -References Planning and zoning, Title 76, ch. 2. Part 1 General Provisions 67-6-101. Short title. This chapter shall be known and may be cited as the "Airport Zoning Act". History- En. Sec. 14, Ch. 287, L. 1947; R.C.M. 1947, 1-723. 67-6-102. Legislative finding and purpose. (1) It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off, and maneu- vering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. (a) that the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; (b) that it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and (c) that this should be accomplished, to the extent legally possible, by exercise of the police power, without compensation. (3) It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein. History: En. Sec. 2, Ch. 287, L. 1947, R.C.M. 1947, 1-711. 67-6-103. Constitutional restriction. In any case in which airport zoning regulations adopted under this chapter, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent or to be so onerous in their application to such a structure or parcel of land as to constitute a taking or deprivation of that property in violation of the constitution of this state or the constitution of the United States, such holding shall not affect the application of such regulations to other structures and parcels of land. History- En. Sec. 10, Ch. 287, L. 1947; R.C.M. 1947, 1-719. Cross -References Eminent domain, Art. II, sec. 29, Mont. Due process of law, Art. II, sec. 17, Mont. Const. Const. Part 2 Zoning Part Cross -References No limitation on airport hazard zoning, Rules, permits, and variances, Title 67, ch. 67-10-231, 67-11-241. 4, part 3. 67-6-201. Airport zoning power. (1) In order to prevent the creation or establishment of airport hazards, every political subdivision having an airport hazard area within its territorial limits may adopt, administer, and enforce, un er the police power and in the manner and upon the conditions prescribed, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow. (2) Where an airport is owned or controlled by a political subdivision and any airport hazard area appertaining to such airport is located outside the territorial limits of said political subdivision, within or without the state, the political subdivision owning or controlling the airport and the political subdi- vision within which the airport hazard area is located may, by ordinance or resolution duly adopted, create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regula- tions applicable to the airport hazard area in question as that vested by L _ �;4', 1 �„} rlivi,;inn within which such area is located. AERONAUTICS 1264 1265 AIRPORT ZONING ACT 67-6-207 Each such joint board shall have as members two representatives appointed by 67-6-204. Zoning regulations — merger or conflict. (1) In the event each political subdivision participating in its creation and in addition a chair- that a political subdivision had adopted or hereafter adopts a comprehensive man elected by a majority of the members so appointed. (3) If in the judgment of a political subdivision owning or controlling zoning ordinance regulating, among other things, the height of buildings, any g an airport zoningregulations applicable to the same area or portion thereof may airport, the political subdivision within which is located an airport hazard area be incorporated In and made a part of such comprehensive zoning regulations appertaining to that airport has failed to adopt or enforce reasonably adequate and be administered and enforced in connection therewith. airport zoning regulations for such area under subsection (1) and if that (2) In the event of conflict between any airport zoning regulations adopted political subdivision has refused to join in creating a joint airport zoning board under this chapter and any other regulations applicable to the same area, as authorized in subsection (2), the political subdivision owning or controlling whether the conflict be with respect to the height of structures or trees, the the airport may itself adopt, administer, and enforce airport zoning regulations use of land, or any other matter and whether such other regulations were for the airport hazard area in question. In the event of conflict between such adopted by the airport zoning regulations or by some other political subdivision, regulations and any airport zoning regulations adopted by the political subdi- the more stringent limitation or requirement shall govern and prevail. vision within which the airport hazard area is located the regulations of the History: En. Sec. 4, Ch. 287, L. 1947; R.C.M. 1947, 1-713. political subdivision owning or controlling the airport shall govern and prevail. History- En- Sec. 3, Ch. 287, L. 1947, R.C.M. 1947, 1-712. 67-6-205. Airport zoning regulations — administration. All airport 67-6-202. Airport zoning regulations —procedure —commission. zoning regulations adopted under this chapter shall provide for the administra- tion and enforcement of such regulations by an administrative agency which (1) In adopting, amending, and repealing airport zoning regulations under this may be an agency created by such regulations or any official, board, or other chapter, the political subdivision or joint airport zoning board shall follow the of the political subdivision adopting the regulations or of one Procedure prescribed by the laws of this state for the adoption, amendment, or existing agency p repeal of comprehensive zoning regulations, as provided in Title 76, chapter 2, of the political subdivisions which participated in the creation of the joint part 3. airport zoning board adopting the regulations, if satisfactory to that political (2) Prior to the initial zoning of any airport hazard area under this chapter, subdivision; but in no case shall such administrative agency be or include any the political subdivision or joint airport zoning board which is to adopt the member of the board of adjustment. The duties of any administrative agency airport zoning designated pursuant to this chapter shall include that of hearing and deciding regulations shall appoint a commission, to be known as the g all permits under 67-6-207(1), but such agency shall not have or exercise an commission, to recommend the boundaries of the various zones to be estab- of the powers herein delegated to the board of adjustment. lished and the regulations to be adopted therefor. Such commission shall make History- En. Sec. 8, Ch. 287, L. 1947; R.C.M. 1947, 1-717. a preliminary report and hold public hearings thereon before submitting its final report, and the legislative body of the political subdivision or the joint 67-6-206. Board of adjustment. All airport zoning regulations adopted airport zoning board shall not hold its public hearings or take other action until under this chapter shall provide for a board of adjustment to be appointed in it has received the final report of such commission. Where a city planning the manner and have and exercise all the powers provided in 76-2-321 through commission or comprehensive zoning commission already exists, it may be 76-2-328, and each and all of the provisions of said sections relating to appeals appointed as the airport zoning commission. and judicial review shall be applicable to this chapter. History. En. Sec. 5, Ch. 287, L. 1947; R.C.M. 1947, 1-714. History- En. Sec. 9, Ch. 287, L. 1947; R.C.M. 1947, 1-718. 67-6-203. Airport zoning regulations — requirements. (1) All air- port zoning regulations adopted under this chapter shall bee reasonable, and 67-6-207. Permits -- variances. (1) When advisable to facilitate the notreasonably anenforcement of this chapter, a system may be established for granting permits none shall impose any requirement or restriction which to establish or construct new structures and other uses. In any event, before necessary to effectuate the purposes of this chapter. In determining what any nonconforming structure may be replaced with a taller one or any noncon- regulations it may adopt, each political subdivision and joint airport zoning forming tree allowed to ow higher or be replanted, a permit must be secured board shall consider, among other things, the character of the flying operations from the administrative agency authorized to administer and enforce the expected to be conducted at the airport, the nature of the terrain within the regulations authorizing such replacement or change. No such permit shall be airport hazard area, the character of the neighborhood, and the uses to which granted that would allow the structure to become a greater hazard to air the property to be zoned is put and adaptable. (2) No airport zoning regulations adopted under this chapter shall require navigation than it wagase e n the applicable regulation was adopted. Whenever the removal, lowering, or other change or alteration of any structure or tree the administrative determines that a nonconforming structure or tree not conforming to the regulations when adopted or amended or otherwise has been abandoned or more than 80% torn down, destroyed, deteriorated, or decayed, no permit shall be granted that would allow said structure or tree to interfere with the continuance of any nonconforming use, except as provided exceed the applicable height limit or otherwise deviate from the zoning regu- in 67-6-207(3). lations. Except as indicated, all applications for permits for replacement, History. En. Sec. 6, Ch. 287, L. 1947; R.C.M. 1947, 1-715. change, or repair of nonconforming uses shall be granted. 67-6-211 AERONAUTICS 1266 (2) Any person desiring to erect any structure, increase the height of any structure, permit the growth of any tree, or otherwise use his property in violation of airport zoning regulations adopted under this chapter may apply to the board of adjustment for a variance from the zoning regulations in question. Such variances shall be allowed where a literal application or enforce- ment of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations and this chapter. Any variance may be allowed subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purposes of this chapter. (3) In granting any permit or variance under this section, the administra- tive agency or board of adjustment may, if it deems such action advisable to effectuate the purposes of this chapter and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. History: En. Sec. 7, Ch. 287, L. 1947; R.C.M. 1947, 1-716. Cross -References Noise, height, and land use regulation — permits and variances, 67-4-313, 67-4-314. 67-6-208 through 67-6-210 reserved. 67-6-211. Penalty— injunction. Each violation of this chapter or of any regulations, orders, or rulings promulgated or made pursuant to this chapter shall constitute a misdemeanor and shall be punishable by a fine of not more than $500 or imprisonment for not more than 6 months or by both such fine and imprisonment, and each day a violation continues to exist shall constitute a separate offense. In addition the political subdivision or agency adopting zoning regulations under this chapter may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of this chapter or of airport zoning regulations adopted under this chapter or of any order or ruling made in connection with their administration or enforcement; and the court shall adjudge to the plaintiff such relief, by way of injunction (which may be mandatory) or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of this chapter and of the regulations adopted and orders and rulings made pursuant thereto. History: En. Sec. 11, Ch. 287, L. 1947; R.C.M. 1947, 1-720. Cross -References Restrictions on height of structures and Injunctions, Title 27, ch. 19. lights — enforcement and penalty, 67-5-211, Noise, height, and land use regulation — 67-5-212. penalty and injunction, 67-4-401, 67-4-402. Part 3 Miscellaneous Provisions 67-6-301. Acquisition of property rights when zoning not suffi- cient. The political subdivision within which the property or nonconforming 1267 MUNICIPAL AIRPORTS 67-6-301 use is located or the political subdivision owning the airport or served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, such air right, aviation easement, or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purposes of this chapter, in any case in which: (1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or use; (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or (3) it appears advisable that the necessary approach protection be pro- vided by acquisition of property rights rather than by airport zoning regula- tions. History: En. Sec. 12, Ch. 287, L. 1947; R.C.M. 1947, 1-721. Cross -References Acquisition and establishment of airports Restrictions on annexation power, and landing fields, 67-10-102. Joint Airport Board, 67-10-205. 7-2-4503. General powers of authority, 67-11-201. State airports — acquisition, 67-2-301. Eminent domain, Title 70, ch. 30. CHAPTERS 7 THROUGH 9 RESERVED CHAPTER 10 MUNICIPAL AIRPORTS Part 1— General Provisions 67-10-101. Short title. - 67-10-102. Acquisition and establishment of airports and landing fields. 67-10-103. Public purpose. 67-10-104. Construction. Part 2 — General Powers of Municipality Relating to Airports 67-10-201. General municipal powers. rules. 67-10-202. Creation of board — funding — 67-10-203. Mutual assistance. 67-10-204. Joint exercise of powers. 67-10-205. Joint airport board. 67-10-206. Joint fund. 67-10-207. Supplementary powers. 67-10-208 through 67-10-210 reserved. 67-10-211. Assistance in airport road construction — department of transportation. 67-10-212 through 67-10-220 reserved. 67-10-221. Airport property — acquisition by eminent domain• 67-10-222. Airport property — disposal. 67-10-223 through 67-10-230 reserved. 67-10-231. No limitation on airport hazard zoning. 1268 Part 3 — Operation of Airports 67-10-301. Municipal regulation. 67-10-302. Granting of operation and use privileges. 67-10-303. Delegation of authority. Part 4 — Finance 67-10-401. Appropriations — taxation. 67-10-402. Tax levy. 67-10-403. Liens. 67-10-404. Airport revenues and sale proceeds. 67-10-405. Federal and state money. 67-10-406. Tax exemption. Chapter Cross -References Municipal and regional airport authorities, Title 67, ch. 11. Part 1 General Provisions 67-10-101. Short title. This chapter may be cited as the "Municipal Airports Act". History: En. Sec. 22, Ch. 288, L. 1947; R.C.M. 1947, 1-828; amd. Sec. 2, Ch. 140, L. 1979. 67-10-102. Acquisition and establishment of airports and landing fields. (1) Counties, cities, and towns in this state may, either individually or by the joint action of a county and one or more of the cities and towns within its border, acquire by gift, deed, purchase, or condemnation land for airport or landing field purposes and thereon establish, construct, own, control, lease, equip, improve, operate, and regulate airports or landing fields for the use of airplanes and other aircraft and may use for such purpose or purposes any property suitable therefor that now or may at any time hereafter be acquired, owned, or controlled by such county, city, or town. (2) In addition a county, city, or town may do the acts authorized by this section by acting jointly with one or more counties, with one or more cities, with one or more towns, or any combination of such counties, cities, or towns. Such airport need not be located, in whole or in part, within the limits of each subdivision participating in the joint venture. History: En. Sec. 1, Ch. 108, L. 1929; re -en. Sec. 5668.35, R.C.M. 1935; amd. Sec. 1, Ch. 54, L. 1941; amd. Sec. 1, Ch. 88, L. 1961; R.C.M. 1947, 1-801. Cross -References Acquisition of property rights when zoning Power of city to acquire landing field, not sufficient, 67-6-301. 7-14-4801. Creation of Airport Board, 67-10-202. State airports — acquisition, 67-2-301. 67-10-103. Public purpose. (1) Any lands acquired, owned, controlled, or occupied by any county, city, or town, individually or pursuant to joint action as herein provided for the purposes enumerated in 67-10-102, are acquired, owned, controlled, and occupied for a public use and as a matter of public necessity, and such counties, cities, and towns, whether acting individually or jointly, have the right to acquire property for such purposes under the power of eminent domain as and for a public use or necessity. 1269 MUNIUIYALAlnrvnlo -- --- (2) The acquisition of any land or interest therein pursuant to this chapter; the planning, acquisition, establishment, development, construction, improve- ment, maintenance, equipment, operation, regulation, protection, and policing of airports and air navigation facilities, including the acquisition or elimination of airport hazards; and the exercise of any other powers herein granted to municipalities and other public agencies, to be severally or jointly exercised, are public and governmental functions, exercised for a public purpose and matters of public necessity and, in the case of any county, are county functions and purposes as well as public and governmental and, in the case of any municipality other than a county, are municipal functions and purposes as well as public and governmental. All land and other property and privileges acquired and used by or on behalf of any municipality or other public agency in the manner and for the purposes enumerated in this chapter are acquired and used for public and governmental purposes and as a matter of public necessity and, in the case of a county or municipality, for county or municipal purposes, respectively. History: (1)En. Sec. 2, Ch. 108, L. 1929; re -en. Sec. 5668.36, R.C.M. 1935; amd. Sec. 2, Ch. 54, L. 1941; amd. Sec. 2, Ch. 88, L.1961; Sec. 1-802, R.C.M. 1947; (2)En. Sec. 15, Ch. 288, L. 1947; Sec. 1-822, R.C.M. 1947; R.C.M. 1947, 1-802, 1-822; amd. Sec. 3, Ch. 140, L. 1979. Cross -References No immunity from suit, 2-9-111(4). 67-10-104. Construction. This chapter shall be so interpreted and con- strued as to make uniform so far as possible the laws and regulations of this state and other states and of the government of the United States having to do with the subject of municipal airports. History: En. Sec. 19, Ch. 288, L. 1947; R.C.M. 1947, 1.826; amd. Sec. 4, Ch. 140, L. 1979. Part 2 General Powers of Municipality Relating to Airports Part Cross -References Restrictions on annexation power, 7-2-4503. 67-10-201. General municipal powers. (1) Every municipality may, out of any appropriations or other money made available for such purposes, plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police airports and air navigation facilities, either within or without the territorial limits of such municipality and within or without the territorial boundaries of this state, including the construction, installation, equipment, maintenance, and operation at such airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers and the purchase and sale of supplies, goods, and commodities as an incident to the operation of its airport properties. For such purposes the municipality may use any available property that it may now or hereafter own or control and may, by purchase, gift, devise, lease, eminent domain proceed- ings, or otherwise, acquire property, real or personal, or any interest therein, including easements, in airport hazards or land outside the boundaries of an airport or airport site, as is necessary to permit safe and efficient operation of - -- --- r1 r,nv1NAU 11V0 1270 the airport; to permit the removal, elimination, obstruction -marking, or ob- struction -lighting of airport hazards; or to prevent the establishment of airport hazards. (2) The municipality may, by purchase, gift, devise, lease, eminent domain proceedings, or otherwise, acquire existing airports and air navigation facili- ties, provided however it may not acquire or take over any airport or air navigation facility owned or controlled by another municipality or public agency of this or any other state without the consent of such municipality or public agency. (3) For the purposes of this chapter, a municipality may establish or acquire and maintain, within or bordering upon the territorial limits of the municipality, airports in, over, and upon any public waters of this state, any submerged lands under such public waters and any artificial or reclaimed lands which before the artificial making or reclamation thereof constituted a portion of the submerged lands under such public waters, and may construct and maintain terminal buildings, landing floats, causeways, roadways, and bridges for approaches to or connecting with any such airport, and landing floats and breakwaters for the protection thereof. (4) All air navigation facilities established or operated by municipalities shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments. (5) A municipality may enter into any contracts necessary for the execu- tion of the powers granted it and for the purposes provided by this chapter. History: En. Secs. 2, 13, Ch. 288, L. 1947; R.C.M. 1947, 1-809, 1-820; amd. Sec. 5, Ch. 140, L. 1979. Cross -References General powers of authority, 67-11-201. Airport easement acquisition, 67-2-301(3). 67-10-202. Creation of board — funding— rules. (1) The county, city, or town, acting individually or acting jointly as authorized by 67-10-102, having established an airport or landing field and acquired property for such purpose, may construct, improve, equip, maintain, and operate the same and for that purpose may create a board or body from the inhabitants of such county, city, or town, or such joint subdivisions of the state for the purpose of conferring upon them, and may confer upon them, the jurisdiction for the improvement, equipment, maintenance, and operation of such airport or landing field. The board of county commissioners, the city or town council, as the case may be, or the board of county commissioners and the council or councils under a joint venture may adopt rules and establish fees or charges for the use of such airport or landing field or may authorize such board or body to do so, subject, however, to the approval of the appointing power before the same shall take effect. All expenses of such construction, improvement, equipment, maintenance, and operation shall be a charge against such county, city, or town; or when a county, city, or town acts jointly under the authority herein given, such charges shall be against the joint subdivisions of the state and shall be apportioned according to benefits to accrue, the proportion to be paid by each to be fixed in advance by joint resolution of the governing bodies. (2) For the purpose of meeting the charges mentioned when the airport or landing field is such joint venture, a joint fund shall be created and 1271 MUNICIPAL AIRPOK'1'S o 1-1"-"'_ maintained into which each of the political subdivisions interested shall deposit its proportionate share in accordance with the predetermination of the board of county commissioners and council or councils affected. (3) All disbursements from such fund shall be made by order of such joint board or body, if one be created as authorized, otherwise under such rules as the joint control by the commissioners and council or councils may adopt. History: En. Sec. 3, Ch. 108, L. 1929; re -en. Sec. 5668.37, R.C.M. 1935; amd. Sec. 3, Ch. 54, L. 1941; amd. Sec. 3, Ch. 88, L. 1961; R.C.M. 1947, 1-803. 67-10-203. Mutual assistance. If any municipality determines that the public interest and the interests of the municipality will be served by assisting any other municipality or municipalities in exercising the powers and authority granted by this chapter, such municipality may furnish assistance by gift of real or personal property or lease or loan thereof with or without charge or interest. In appropriating such property or money and providing for such assistance by taxation, the issuance of bonds, or other means, the municipality may exercise all of its powers as though used for its own direct purposes as provided in this chapter. History: En. Sec. 12, Ch. 288, L. 1947; R.C.M. 19479 1-819; amd. Sec. 6, Ch. 140, L. 1979. 67-10-204. Joint exercise of powers. (1) For the purposes of 67-10-204 through 67-10-206, unless otherwise qualified, the term "public agency" in- cludes municipality, as defined in this title; any agency of the state government and of the United States; and any municipality, political subdivision, and agency of another state; and the term "governing body" means the governing body of a county or municipality and the head of the agency if the public agency is other than a county or municipality. (2) All powers, privileges, and authority granted to any municipality by this chapter may be exercised and enjoyed jointly with any public agency of this state and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise or enjoyment. If not otherwise authorized by law, any agency of the state government when acting jointly with any municipality may exercise and enjoy all of the powers, privileges, and authority conferred by this chapter upon a municipality. (3) Any two or more public agencies may enter into agreements with each other for joint action pursuant to the provisions of 67-10-204 through 67-10-206. Concurrent action by ordinance, resolution, or otherwise of the governing bodies of the participating public agencies constitutes joint action. Each such agreement shall specify its duration; the proportionate interest which each public agency has in the property, facilities, and privileges involved; the proportion to be borne by each public agency of preliminary costs and costs of acquisition, establishment, construction, enlargement, improvement, and equipment of the airport or air navigation facility; the proportion of the expenses of maintenance, operation, regulation, and protection thereof to be borne by each; and such other terms as are required by the provisions of 67-10-204 through 67-10-206. The agreement may also provide for amend- ments thereof and conditions and methods of termination of the agreement; the disposal of all or any of the property, facilities, and privileges jointly owned, - -- -�� ru nvivr1u riw 1272 prior to or upon said property, facilities, and privileges, or any part thereof, ceasing to be used for the purposes provided in this chapter or upon termination of the agreement; the distribution of the proceeds received upon any such disposal and of any funds or other property jointly owned and undisposed of, the assumption or payment of any indebtedness arising from the joint venture which remains unpaid upon the disposal of all assets or upon a termination of the agreement; and such other provisions as may be necessary or convenient. History- En. Sec. 14, Ch. 288, L. 1947; amd. Sec. 1, Ch. 10, L. 1975; R.C.M. 1947, 1-821(a), (b); amd. Sec. 7, Ch. 140, L. 1979. Cross -References Joint exercise of powers, 67-11-203. 67-10-205. Joint airport board. (1) Public agencies acting jointly pur- suant to 67-10-204 through 67-10-206 shall create a joint board which shall consist of members appointed by the governing body of each participating public agency. Per diem and mileage of such joint board may be set by resolution of the board of county commissioners. The number to be appointed and their term shall be provided for in the joint agreement. Each such joint board shall organize, select officers for terms to be fixed by the agreement, and from time to time adopt and amend rules for its own procedure. The joint board shall have power to plan, acquire, establish, develop, construct, enlarge, improve, main- tain, equip, operate, regulate, protect, and police any airport or air navigation facility or airport hazard to be jointly acquired, controlled, and operated; and such board may exercise on behalf of its constituent public agencies all the powers of each with respect to such airport, air navigation facility, or airport hazard, subject to the limitations of subsection (2) of this section. (2) (a) The total expenditures to be made by the joint board for any purpose in any calendar year shall be determined by a budget approved by the governing bodies of its constituent public agencies. (b) No airport, air navigation facility, airport hazard, or real or personal property, the cost of which is in excess of sums therefor fixed by the joint agreement or allotted in the annual budget, may be acquired by the joint board without the approval of the governing bodies of its constituent public agencies. (c) Eminent domain proceedings under 67-10-204 through 67-10-206 may be instituted only by authority of the governing bodies of the constituent public agencies of the joint board. If so authorized, such proceedings shall be instituted in the names of the constituent public agencies jointly, and the property so acquired shall be held by said public agencies as tenants in common until conveyed by them to the joint board. (d) The joint board shall not dispose of any airport, air navigation facility, or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies, provided that the joint board may, without such consent, enter into the contract, lease, or other arrangements contemplated by 67-10-302. (e) Any resolutions, rules, or orders of the joint board dealing with subjects authorized by 67-10-301 shall become effective only upon approval of the governing bodies of the constituent public agencies, provided that upon such approval, the resolutions, rules, or orders of the joint board shall have the same force and effect in the territories or jurisdictions involved as the ordinance, 1273 MUNICIPAL Alttrut 1'6 resolutions, rules, or orders of each public agency would have in its own territory or jurisdiction. History: En. Sec. 14, Ch. 288, L. 1947; amd. Sec. 1, Ch. 10, L. 1975; R.C.M. 1947, 1-821(c), (d). Airport revenues and sale proceeds, Cross -References State airports - acquisition, 67-2-301. 67-10-404. State airports - operation, 67-2-302. 67-10-206. Joint fund. For the purpose of providing a joint board with moneys for the necessary expenditures in carrying out the provisions of 67-10-204 and 67-10-205, a joint fund shall be created and maintained into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. Each of the constituent public agencies shall provide its share of the fund from sources available to each. Any federal, state, or other contributions or loans and the revenues obtained from the joint ownership, control, and operation of any airport or air navigation facility under the jurisdiction of the joint board shall be paid into the joint fund..Disburse- ments from such fund shall be made by order of the board, subject to the limitations prescribed in 67-10-205(2). History: En. Sec. 14, Ch. 288, L. 1947; amd. Sec. 1, Ch. 10, L. 1975; R.C.M. 1947, 1-821(e). 67-10-207. Supplementary powers. In addition to the general and special powers conferred by this chapter, every municipality is authorized to exercise powers necessarily incidental to the exercise of such general and special powers. History- En. Sec. 17, Ch. 288, L. 1947; R.C.M. 1947, 1-824; amd. Sec. 8, Ch. 140, L. 1979. 67-10-208 through 67-10-210 reserved. 67-10-211. Assistance in airport road construction- department of transportation. The department of transportation may, upon written application of the governing body of a municipality, assist the municipality in the location, establishment, construction, reconstruction, maintenance, and improvement of highways and roads to and from municipal airports and field development of them. The department of transportation shall lend its equip- ment, machinery, technical services, and supervision to the municipality, under agreements made with each municipality. History- En. Sec. 1, Ch. 120, L. 1939; amd. Sec. 39, Ch. 348, L. 1974; R C.M. 1947, 1-807; amd. Sec. 3, Ch. 512, L. 199E Cross -References General powers of Department of Trans- portation, 60-2-201. 67.10-212 through 67-10-220 reserved. 67-10-221. Airport property -acquisition by eminent domain. In the acquisition of property by eminent domain proceedings authorized by this chapter, the municipality shall proceed in the manner provided by the laws governing eminent domain of the state of Montana. The municipality is not precluded from abandoning such proceedings in any case where possession of the property has not been taken. History: En. Sec. 3, Ch. 288, L. 1947; R.C.M. 1947, 1-810; amd. Sec. 9, Ch. 140, L. 1979. 1Zl4 Cross -References Eminent domain, Title 70, ch. 30. State airport acquisition, 67-2-301. 67-10-222. Airport property — disposal. Except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to 67-10-405, every municipality may by sale, lease, or otherwise dispose of any airport, air navigation facility, or other property or portion thereof or interest therein acquired pursuant to this chapter. Such disposal by sale, lease, or otherwise shall be in accordance with the laws of this state or provisions of the charter of the municipality governing the disposition of other property of the municipality or agency of the state or federal government for aeronautical purposes incident thereto. The sale, lease, or other disposal may be effected in such manner and upon such terms as the governing body of the municipality may consider in the best interest of the municipality. History: En. Sec. 4, Ch. 288, L. 1947; R.C.M. 1947, 1-811; amd. Sec. 10, Ch. 140, L. 1979. 67-10-223 through 67-10-230 reserved. 67-10-231. No limitation on airport hazard zoning. Nothing con- tained in this chapter shall be construed to limit any right, power, or authority of a municipality to regulate airport hazards by zoning. History* En. Sec. 18, Ch. 288, L. 1947; R.C.M. 1947, 1-825; amd. Sec. 11, Ch. 140, L. 1979. Cross -References No limitation on airport hazard zoning, Zoning, Title 67, ch. 6, part 2. 67-11-241. Municipal zoning, Title 76, ch. 2, part 3. Part 3 Operation of Airports 67-10-301. Municipal regulation. (1) A municipality which has estab- lished or acquired or which may establish or acquire an airport or air navigation facility is authorized to adopt, amend, and repeal such reasonable ordinances, resolutions, rules, and orders as it shall deem necessary for the management, government, and use of such airport or air navigation facility under its control, whether situated within or without the territorial limits of the municipality. For the enforcement thereof, the municipality may, by ordinance or resolution, as may by law be appropriate, appoint airport guards or police with full police powers and fix penalties within the limits prescribed by law for the violation of the ordinances, resolutions, rules, and orders. Said penalties shall be en- forced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced. To the extent that an airport or other air navigation facility controlled and operated by a municipality is located outside the territorial limits of the municipality, it shall, subject to federal and state laws and rules, be under the jurisdiction and control of the municipality controlling or operating it, and no other municipality shall have any authority to charge or exact a license fee or occupation tax for operations thereon. (2) All ordinances, resolutions, rules, or orders which are issued by the municipality shall be kept in substantial conformity with the laws of this state or any regulations promulgated or standards established pursuant thereto and, 1275 M U N IU1FAL AlArvtUL 0 as nearly as may be, with the federal laws governing aeronautics and the rules and standards duly issued thereunder. History: En. Sec. 8, Ch. 288, L. 1947; R.C.M. 1947, 1-815. Cross -References Joint Airport Board acting for municipal - Airport police officers — employment and ity, 67-10-205. education standards, 7-32-303. Tax exemption, 67-10-406. Passenger terminals — fire protection and safety regulations, 50-61-103. 67-10-302. Granting of operation and use privileges. (1) In operat- ing an airport or air navigation facility owned, leased, or controlled by a municipality, the municipality may, except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to 67-10-405, enter into contracts, leases, and other arrangements for a term not exceeding 40 years with any persons: (a) granting the privilege of using or improving the airport or air naviga- tion facility or any portion or facility of or space in the airport or air navigation facility for commercial purposes; (b) conferring the privilege of supplying goods, commodities, things, serv- ices, or facilities at the airport or air navigation facility; or (c) making available services to be furnished by the municipality or its agents at the airport or air navigation facility. (2) In each case, the municipality may establish the terms and conditions and fix the charges, rentals, or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service. (3) . Except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to 67-10-405, a municipality may by contract, lease, or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed 40 years the privilege of operating, as agent of the municipality or otherwise, any airport owned or controlled by the municipality; provided that the person may not be granted any authority to operate the airport other than as a public airport or to enter into any contracts, leases, or other arrangements in connection with the operation of the airport which the municipality might not have undertaken under subsections (1) and (2)• History: En. Sec. 5, Ch. 288, L. 1947; R.C.M. 1947, 1-812; amd. Sec. 1, Ch. 268, L. 1993. Cross -References Airport all -beverages license fee, 16-4-501. Airport all -beverages license, 16-4-208. 67-10-303. Delegation of authority. Any authority vested by this chap- ter in a municipality or in the governing body thereof for the planning, establishment, development, construction, enlargement, improvement, main- tenance, equipment, operation, regulation, protection, and policing of airports or other air navigation, facilities established, owned, or controlled or to be established, owned, or controlled by the municipality may be vested by resolu- tion of the governing body of the municipality in an officer or board or other municipal agency whose powers and duties must be prescribed in the resolu- tion. However, the expense of such planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection, and policing is a responsibility of the municipality. 1276 1277 MUNICIPAL AIRPORTS v 1-1V--="V History: En. Sec. 7, Ch. 288, L. 1947; R.C.M. 1947, 1-814; amd. Sec. 12, Ch. 140, L. 1979. Part 4 Finance 67-10-401. Appropriations - taxation. The governing body of any municipality having power to appropriate and raise money is authorized to appropriate, and to raise by taxation or otherwise, sufficient money to carry out the provisions and purposes of this chapter, within the limitations pre- scribed by law. History: En. Sec. 9, Ch. 288, L. 1947; R.C.M. 1947, 1-816; amd. Sec. 13, Ch. 140, L. 1979. Cross -References Municipal tax levy, 67-11-301. General powers of airport authority, 67-11-201. 67-10-402. Tax levy. (1) For the purpose of establishing, constructing, equipping, maintaining, and operating airports, landing fields, and ports under the provisions of this chapter and as provided in Title 7, chapter 14, part 11, the county commissioners or the city or town council may each year assess and levy, in addition to the annual levy for general administrative purposes or the all-purpose levy authorized by 7-6-4451 and 7-6-4452, a tax on the dollar of taxable value of the property of said county, city, or town: (a) not to exceed 2 mills for airports and landing fields; and (b) not to exceed 2 mills for ports. (2) In the event of a jointly established airport, landing field, or port, the county commissioners and the council or councils involved shall determine in advance the levy necessary for such purposes and the proportion each political subdivision joining in the venture must pay. (3) No property within any political subdivision may be subject to a tax pursuant to this section at an annual rate in excess of 2 mills for airports, landing fields, or ports unless it is found that the levy is insufficient for the purposes enumerated. In such a case the commissioners and councils acting are authorized and empowered to contract an indebtedness on behalf of such county, city, or town, as the case may be, upon the credit thereof by borrowing money or issuing bonds for such purposes, provided that no bonds may be issued for such purpose until the proposition has been submitted to the qualified electors and a majority vote cast therefor, except as provided in subsection (4). (4) For the purpose of establishing a reserve fund to resurface, overlay, or improve existing runways, taxiways, and ramps, the governing bodies may set up annual reserve funds in their annual budget if. (a) the reserve is approved by the governing bodies during the normal budgeting procedure; (b) the necessity to resurface or improve said runways by overlays or similar methods every so many years is based upon competent engineering estimates; and (c) the funds are expended at least within each 10-year period. (5) The reserve fund may not exceed at any time a competent engineering estimate of the cost of resurfacing or overlaying the existing runways, taxiways, and ramps of any one airport for each fund. The governing body of the airport or port, if in its judgment it considers it advantageous, may invest the fund in any interest -bearing deposits in a state or national bank insured by the FDIC or obligations of the United States of America, either short-term or long-term. Interest earned from such investments must be credited to the operations and maintenance budget of the airport or port governing body. The above provi- sions, notwithstanding other budget control measures and due to the unique- ness of the subject matter, are declared necessary in the interests of the public health and safety. History: En. Sec. 4, Ch. 108, L. 1929; re -en. Sec. 5668.38, R.C.M. 1935; amd. Sec. 4, Ch. 54, L. 1941; amd. Sec. 1, Ch. 54, L. 1945; amd. Sec. 1, Ch. 122, L. 1969; amd. Sec. 16, Ch. 158, L. 1971; amd. Sec. 3, Ch. 501, L. 1973; R.C.M. 19479 1-804; amd. Sec. 14, Ch. 140, L. 1979; amd. Sec. 1, Ch. 231, L. 1981; amd. Sec. 18, Ch. 456, L. 1985. Cross -References Federal Deposit Insurance Corporation, Ti- All-purpose mill levy authorized, 7-6-4451. tle 32, ch. 1, part 6. Maximum all-purpose mill levy, 7-64452. Finance, Title 67, ch. 11, part 3. 67-10-403. Liens. To enforce the payment of charges for repairs or improvements to or storage, service, or care of any aircraft or other personal property made or furnished by an airport, person, or entity or an agent of an airport, person, or entity in connection with the operation of an aircraft, airport, or air navigation facility, the airport, person, entity, or agent has a lien on the property, which is enforceable as provided by law. History- En. Sec. 6, Ch. 288, L. 1947; R.C.M. 1947, 1-813; amd. Sec. 1, Ch. 308, L. 1993. Cross -References Liens, Title 71, ch. 3. 67-10-404. Airport revenues and sale proceeds. The revenues ob- tained by a municipality from the ownership, control, or operation of any airport or air navigation facility, including proceeds from the sale of any airport or portion thereof or air navigation facility property, must be deposited in a special fund to be designated the ".... airport fund", which revenues must be appropriated solely to, and used by the municipality for the purposes author- ized by this chapter. History: En. Sec. 10, Ch. 288, L. 1947; R.C.M. 1947, 1-817; amd. Sec. 15, Ch. 140, L. 1979. Cross -References Deposit of revenues from certain sources in all-purpose fund, 7-6-4133. 67-10-405. Federal and state money. (1) A municipality may accept, receive, receipt for, disburse, and spend federal and state money and other money, public or private, made available by grant or loan or both to accomplish any of the purposes of this chapter. All federal money accepted under this section must be accepted and spent by the municipality upon terms and conditions prescribed by the United States and consistent with state law. All state money accepted under this section must be accepted and spent by the municipality upon terms and conditions prescribed by the state. Unless other- wise prescribed by the agency from which the money is received, the chief 1278 financial officer of the municipality shall on its behalf deposit and keep money received pursuant to this section in separate funall ds, designated accord- ing to the purposes for which the money is made available, in trust for those Purposes. (2) No application may be made by a municipality for federal aid, as provided in this section, unless the "project application", as defined in the Federal Airport Act of 1946 and regulations of the administrator of civil aeronautics, is first approved by the department. (3) A municipality may, with the approval and consent of the department, designate the department as its agent to accept, receive, receipt for, and disburse federal and state money and other money, public or private, made available by grant or loan or both to accomplish any of the purposes of this chapter. A municipality may, with the consent of the department, designate the department as its agent in contracting for and supervising the planning, acquisition, development, construction, improvement, or equipment of an airport or other air navigation facility. All contracts made, let, or awarded by the department acting as agent of a municipality under this section must be made, let, or awarded pursuant to the laws governing the making of contracts by or on behalf of the state. The municipality may enter into an agreement with the department providing for payment to the department for services rendered as agent and prescribing the terms and conditions of the agency, in accordance with terms and conditions prescribed by the United States, if federal money is involved and in accordance with applicable state law. All federal money ac- cepted under this section by the department must be accepted and transferred or spent by the department upon terms and conditions prescribed by the United States. All money received by the department under this subsection must be deposited in the state treasury and, unless otherwise prescribed by the agency from which the money is received, must be kept in separate funds designated according to the purposes for which the money is made available and held by the state in trust for those purposes. History: En. Sec. 11, Ch. 288, L. 1947, amd. Sec. 41, Ch. 348, L. 1974; R.C.M. 1-818; amd. Sec. 16, Ch. 140, L. 1979. 1947, Cross -References Airport property disposal, 67-10-222. Federal aid, 67-2-403. 67-10-406. Tax exemption. Any property in this state acquired by a municipality for airport purposes pursuant to the provisions of this chapter and any income derived by such municipality from the ownership, operation, or control thereof is exempt from taxation to the same extent as other property used for public purposes. Any municipality is authorized to exempt from municipal taxation any property acquired within its boundaries by a public agency of another state for airport purposes and any income derived from such property to the extent that such other states authorize similar exemptions from taxation to municipalities of this state. History: En. Sec. 16, Ch. 288, L. 1947, R.C.M. 1947, 1-823; amd. Sec. 17, Ch. 140, L. 1979. 1279 A1HFUK1' AU•1•tiL)n111ZJ CHAPTER 11 AIRPORT AUTHORITIES Part 1 — Organization and General Provisions 67-11-101. Short title. 67-11-102. Municipal airport authority. 67-11-103. Regional airport authority. 67-11-104. Commissioners. 67-11-105. Functions — public and governmental. 67-11-106. Cooperation of municipality. Part 2 —Powers 67-11-201. General powers of authority. 67-11-202. Rules. 67-11-203. Joint exercise of powers. 67-11-204. Joint board. 67-11-205. Joint fund. 67-11-206. Supplementary powers. 67-11-207 through 67-11-210 reserved. 67-11-211. Granting of operation and use privileges. 67-11-212 through 67-11-220 reserved. 67-11-221. Exercise of airport authority powers by department — exceptions. 67-11-222. Department control of airport operation and income. 67-11-223 through 67-11-230 reserved. 67-11-231. Airport property — acquisition by eminent domain. 67-11-232. Airport property — disposal. 67-11-233 through 67-11-240 reserved. 67-11-241. No limitation on airport hazard zoning. Part 3 — Finance 67-11-301. Municipal tax levy. 67-11-302. County tax levy. 67-11-303. Bonds and obligations. 67-11-304. Reserve fund. 67-11-305. Federal and state money. 67-11-306. Tax exemption. Part 4 — Extraterritorial Airports 67-11-401. out-of-state airport jurisdiction — reciprocity. Chapter Cross -References Port authorities, Title 7, ch. 14, part 11. Part 1 Organization and General Provisions 67-11-101. Short title. This chapter may be cited as the "Airport Authorities Act". History: En. 1-925 by Sec. 24, Ch. 433, L. 1971; R.C.M. 1947, 1-925. 67-11-102. Municipal airport authority. Any municipality may, by resolution of its governing body, create a public body, corporate and politic, to be known as a municipal airport authority which shall be authorized to exercise