Airport Zoning Acti
AIRPORT ZONING ACT 1-702
tate, or their'
emon =
anpiocees, of those public authorities shall be regulated and restr-icted
trolled by y p
or about the *
as hereafter provided.
enlargement, .
r maaagement
igation facil-.
History: n. Sec. 1, Ch. 12, Y,. 1939; '. Aruendmeais ^.
E
amd. Sec. 3, Ch. 232, I.. 1977. The 1977 amendment made minor
,es in phrase-
` : - change3 in phraseology- and punctuation.
t, deleted the a
i_ jp2. Regulation of building heights. (1) The height of buildings
at the begin- h
other structures shall be regulated for the purposes set forth in 1 [01, .
ed subsection =
M in pnnetua- .E
and
considering among other things:
(a) requirements and facilities necessary to secure the safe descent,
landing, ascent, and operation of aircraft utilizing the public airports and
Ianding fields in the state of Montana;.
M hazards from the obstruction of air space and the relation of the
' the act, zras
iteiglat of buildings and other structures in the vicinity of such airports and
Lsws 1974.
.
landing fields to such hazards;
(e) the area within ;rhicla buildings and, other structures may danger-
ously obstruct air space in the vicinity of public airports and landing fields
and the height of buildings or other structures within such area which is
consistent with the safe use of such airports and landing fields; and
(d) . the maintenance and use of either obstruction markers or lights,
or both, upon buildings and other structures within such area as safety
de-ices.
(2) The height of buildings and other structures is regulated and
restricted within a distance of 2 mites from any public airport or landing
field, measured at a right angle from any side or in a radial line from any
corner of the established boundary line thereof, in any and all directions, as.
follows:
(a) The trapezoidal portion of the tonal 2-mile zone area, 500 feet in
width at the boundary of the field or airport and broadening to , �vidtlt of .
feet 2 miles distant, the center line of -whieh is a continuation of the
,00
center line of each rarnway at and upon such public airports and landing
f
fields, hirown as the approach zone, may bare no building or other structure
or natural feature or object of any kind therein, the height of which is more
1n one- wentietli its distance from the nearest boundary of the airport or
AL
in death or
handing field. .
of those en-
(b) The remaining portion of .the 2-mile zone area surrounding such
nd transpor-
public airports and handing fields, lying between the approach zones. and
kaaown building other structure or natural
considered
as turning zones, may'baave no or
the vicinity -
or object of ally hind tlierein, the lheiolit of which is glove than'
ly hereafter
_feature
-one eve-11til its distance from the nearest boundary of, the airport or landing
the united
field.
thereof. In
(3) In measuring distances and heights to determine the zone standard, .
tiding unob-
atteasurements shall be taken from the nearest side of the building or strue-
aperatioll of
tare or other object to the nearest side of the airport or landing field. Irt
ie height of
the event of airports baving bouiidatries not regular, the nearest est-ablished
and,lanclialo
perimeter of sucli port and field sliall be used, as distinmuished from the
ned, or cola-
att.talatl boundary.
2� '
1-704 AERONAUTICS
/17
i
_.
History: En. Sec, 2, -Ch. 1% L. 2939; division (1)(b); combined former sub•I
1-724-• Legrislaiive findin;
arid. Sec. 4, Ch. 23% X..1977. divisions (d) and (e) into subdivision,
-
tllrfI - certain types Of c7
Amendments (1)(c)- redesignated former subdivision.
' (f) as subdivision (1)(d); inserted iher
endancler t.11e lives and props
The 1977 .amendment inserted the sub- subsection (2) designation; redesignated:
land in its Yiciility. Tt is also
section (1) designation at the beginning former subdivision (1) as subdivision (2).
tures and certain types of do
of the section; inserted "The height of (a); substituted "may" for "shall" in the
buildings and other' structures shall be middle of subdivision (2)(a) after "known=
able for landing, talillTC, Oft
.
regulated for" at the beginning of sub- , as the approach zone"; redesignated for.'-
lilielillood of legal action aj
section'(1); substituted "1-701" for "sec- mer subdivision (2) as subdivision (2)(b);'
talus destroying the utility
tion 1-707" near the end of the introdue- inserted the subsection (3) designation;..
tory clause of subsection (1); combined and made minor changes in phraseology,,
thflll 1 t is therefore the TtTI
I
former subdivisions (b) and (c) into sub- punctuation and style. ; '
safely, and general welfare b
and land use regulations.
1-704. Duty to acquire permit. (1) Eacll person, firin, or corporation
history:
history: Frr. -z2 by sec,. S,
in this state proposing to erect, establish, or maintain any building or other*"
1977.
structure that would exceed the height lilnif established by lain or to grow_
Title of Act
any natural object that would exceed such limit when brown, whenever
A,1 get racluirinQ local governir
the proposed erection or growth is within 2 miles of a public airport or
Ianding field, shall apply to the proper officer of the United States or the.
1.725. ]Definitions. (I)
state of Montana or any county or municipality thereof, whichever of those. '
2 TIT this act the follo,
(a)
bodies. has control of the airport or landing field affecting the area, for a
permit to erect, establish, or maintain the structure, building., or object
F4
(a) "Airport inftucncc
proposed.
airport, ille -use of which Inky
(2) No permit may be granted unless the specifications of the buildings
(b) "AirporV' memis, fo
or other structure or object reveal that the total height sloes not or Nvill
included on the National Airp
not exceed the height limits fixed by law for the zone in whicli the same
(c) "Local governinent"
is to be established. _
to;� n b,aviiib -in airport infi.ulf
(3) No permit Inay be issued in violation of this section, and any pel-Init .
d1ct1U11aI limits.
which is issued in violation of this section is void-
Ifistory: r3n, 1725 by Sec. 2,
L- 1977.
History: En. Sec. 4, Ch, 12, L. 1939; subsection (1) before "whenever the pro-.',
amd. Sec. 5, Ch. 232, L. 1977. posed erection or growth"; substituted "is
,Amen(Iments void" for "shall be ineffectual in )aw or '
equity, and shall be and remain a nullity
The 1977 amendment inserted the sub- - so far as this act is concerned, and en-:
section designations; deleted "to proceed forcement remedies hereunder" at the cad
to erect, establish or maintain suck strae- of subsection (3); and made minor changes"
ture, or plant said natural object, without in phraseology and punctuation.
first making application" in the middle of
1710. Definitions. Unless the context requires otherwise, in sections;.
1710 through 1-723:
(1) The definitions in section 1-102 apply.
(2) "Airport hazard area" means any area of land or water upon.,
which an airport hazard might be established if not prevented as provided
in this title.
(3) "Structure" means any object constructed or installed by Iran, �
Including, but without limitation, buildings, towers, smolcestaclis, and over-
head transmission lines. i
(4) "Tree" means any object of natural growth. 1
History: En. S c. -1, Ch. 287, L. 1947; sion (1); deleted the definitions of "air-
amd. Sec. 38, Ch. 343, L. 1974. port," "airport hazard," "political sub -
Amendments division," and "person"; and made changes
in style and phraseology. 1'or prior version
7'he 1974 amendment inserted subdivi- see parent volume.
26
1-726. Designation of girl
with an airport sbaI1 designat
►vithin 3 years from the effec
ba%ed oil federal aviation act
no airport influence area ina,
thresholds of the primary ins'
,tridth on each side of the p
extended centerline. A publi
ntent following the procedure
(2) A snap of the design
reeorder of i.he affected count
ta�t'lls, I
History: Fn, 1-726 by Sec- 31
L. 1977.
i
1-727. Tcmpor.VT Y* effect
*airport influence area, the ii
shall be restricted as to hei-I
I'e�11hi ions, Inli-il rules are a
clues not. affect ilonconformin
ned former sub.
into subdivision
7rmer subdivision
(d); inserted the
ion; redesignated
is subdivision (2)
for "shall" in the
)(a) after "kno-wn
redesignated for-
ibdivision (2) (b);
(3) designation;
,s in phraseology;
, or corporation
silding or other
law or to grow
.-owil, tichenever
lblie airport or
cl States or the
iehev er of those
the area, for a
dingy, or object
of the building
'oes not or %vili
whicli the same
and any permit
ccl,enever the pro-
"; substituted "is
2ectual in law or
1 remain a nullity
oncerned, and en -
at the end
ade minor changes
tuation.
vise, in sections
or Nvater upon
ted as provided
stalled by man,
iachs, and over-
(rfu:itions of "air-
" "political sub-
ard made chariges
Por prior Vorsion
AIRPORT ZONING ACT
1.-727
1-724. Legislative finding. It is hereby found that tall trees and strife-
tureS and certain types of development located in the vicinity of airports
endanger the lives and property of users of the airport and of occupants of
land in its vicinity. It is also found that the location of tall trees and sixue-
tures and certain types of development near airports reduce the area avail-
able for landing, tal.-ing off, and maneuvering aircraft, and increase the
likelihood of legal action against a local government for. noise )iuisance,
thus destroying the utility of the airports and the public investment in
them. It is therefore the purpose of this act to promote the public. health,
safety, and general welfare by the.development of compatible noise, height:,
and land use regulations.
History: En. 1724 by Sec. 1, Ch. 554 to adopt noise, height; and land use reg-
L. 1977. ulations for airport influence, areas and to
Title of Act identify airport influence areas and estalv-
lish criteria, for the regulation of noise,
An act requiring local governing bodies height, and land, use within these areas.
1-125. Definitions. (1) The definitions in 1-102 apply to this tat.
(2) In this act the following definitions also apply:
(a) "Airport influence area" means all land in the proxhuity of an
airport, the use of which may be affected by the airport's existence_
(b) "Airport" means, for the purpose of this act, only iliose airports
included on the National Airport System Plan.
(e) "Local government" means any county or incorporated city or
town having an airport influence area partially or entirely within its juris-
dictional limits.
Iristory: En. 1-725 by Sec. 2, Ch, 551,
L. 1977.
1-726. Designatiozi of airport influence areas. (1) A local government
with an airport shall designate an airport influence area around the airport
��ithin 3 years from the effective date of this act. The designation shall be
based on federal aviation administration rules and guidelines. Ilozvever,
no airport influence area may extend more than 10,000 feet out from the
thresholds of the primary instrument approach runway or exceed I mile in
width on each side of the primary instrument approach runway and its
extended centerline. A public hearing shall be held by the local govern-
ment following the procedure prescribed in 1-730.
(2) A neap of the designation sliall be filed Nvith the county clerk and
recorder of the affected counties and the city clerk of the affected cities and
towns.
Iristoiy: En. 1-726 by See. 3, Ch. 551,
L. 1977.
1-727. Temporary effect of designation. Upon the designation of an
airport influence area, the use of land Svithin the airport iiiMience area
sliall be restricted as to heibht consistent «-ith part 77, federal aeronautics
regulations, until rules are adopted pursuant to this act. This restriction
does not affect noneonforming uses and areas already zoned on 7nly 1., 1977,
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