Discussion - Draft Ordinance "Action Packs"r •`►� •. �� �.
Two "Action Packs" have been prepared to assist local government in protecting the
public's airport investment, enhancing safety of the airport user and assuring
compatible usage of land adjacent to or in the vicinity of the airport.
Action Pack No. 1 is the Recommended Procedure for Designating an Airport
Influence Area Around an Airport.
The ordinance drafted as part of Action Pack No. 1 is essentially the adoption
of land use rules and regulations. Action Pack No. 2 is an Air Space Zoning
Ordinance which limits the heights of objects around airports in accordance
with Part 77 of the Federal Aviation Regulations.
The consultants preparing the Systems Plan Update recommended separating
land use rule and regulation ordinances from air space (height limitation)
ordinances.
The reasons for recommending separation of the ordinances is:
Criteria for air space (height limitations) zoning is established by the
FAA. The major decision by local authorities is establishing the
"excepted height" in the ordinance to prevent a "taking" of property
rights. Therefore, air space zoning is generally less controversial than
land use zoning.
Establishing the land use rules and regulations within an airport influence
area, depending on the community and circumstances, may generate a
great deal of public controversy. In addition, there may be existing land
use zoning in place, and conflicts to be resolved.
Air space zoning can be completed within a 60 to 90 day period. Land
use zoning within an airport influence area may take up to a year or
more to resolve.
Action Pack No. 2 is the Recommended Procedure for Adopting an Air Space
Zoning Ordinance to Limit the Height of Objects Around an Airport.
MT. Systems Plan 1 05/28/97
The ordinance, as drafted, pertains to zoning airspace only, and is in
compliance with the criteria in Federal Aviation Regulation Part 77, Objects
Affecting Navigable Air Space.
As discussed above, land use rules and regulation within an airport influence
area is included in Action Pack No. 1.
A:\MTSTATE\DIS-ACTPK
MT. Systems Plan 2 05/28/97
ACTION PACKNO.
RECOMMENDED PROCEDURE FOR DESIGNATING AN AIRPORT
INFLUENCE AREA • 1 AN AIRPORT
1. Draft Ordinance. A draft airport influence ordinance has been prepared for
airports identified in the 1996 State Systems Plan Scope of Work. The draft
ordinance uses FAA compatible land use guidelines contained in various FAA
studies and publications. See the discussion in the Systems Plan Update
entitled "The Need for Land -Use Planning for Airports".
2. Montana State Law. The Montana Codes Annotated have three chapters in
Title 67 which regulate land use and heights around airports. They are:
Chapter 4 Noise, Height and Land Use Regulation
Chapter 5 Airport Hazard Regulation
Chapter 6 Airport Zoning Act
In addition, Chapter 1, the General Provisions of Title 67 Aeronautics, MCA,
defines many of the terms used in Chapters 4, 5, and 6. Of particular interest,
Section 67-1-101 defines an "Airport Hazard" and an "Airport Hazard Area" as
follows:
"(12) "Airport hazard" means a structure, object of natural growth, or
use of land that obstructs the air space required for the flight of
aircraft in landing or taking off at an airport or restricted landing
area or is otherwise hazardous to landing or taking off.
(13) "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".
Chapter 4 provides for noise, height and land use regulation. The procedure
proposed for the adoption for an airport influence area in the following includes
the notice and hearing provisions required by Chapter 4.
Chapter 6 provides the procedures recommended in this study for adoption of
Airspace Zoning Ordinances.
While Chapter 5 regulates heights, it does not establish zoning authority. In
addition, the height regulations in Chapter 5 are not in conformance with the
current federal law, Federal Aviation Regulation, Part 77, Objects Affecting
Navigable Air Space.
MT. Systems Plan 1 7/29/97
• -• • I- • • a ••` - i.
A. Local Government to Adopt Rules. Section 67-4-201 requires local
government to designate an "Airport Influence Area". Section 67-4-102
defines local government as "any county or incorporated city or town
having an airport influence area partially or entirely within its jurisdictional
limits".
Most airports in Montana are jointly owned by the City and County.
There are, however, some city owned airports, some county owned
airports, as well as some airports owned by Airport Authorities (Title 67,
Chapter 11).
In most instances, designation of an airport influence area will involve
more than one local government entity. This may be because of airport
ownership, or because the influence area covers more than one
jurisdictional limit.
We suggest that procedures in Sections 67-6-101 through 67-6-301
(Airport Zoning) and Sections 76-2-201 through 76-2-328 (County and
Municipal Zoning) be followed with respect to creating a joint zoning
board to hold bearings and making recommendations to the local
government jurisdictions. The local governments will then hold another
public hearing before designation of the airport influence area and
adoption of final land use regulations.
While this provides for one more hearing than required by Title 67
Chapter 4, it is consistent with the other zoning provisions in Montana
Codes Annotated.
Title 67 Chapter 4 also permits restriction of building heights based on
Part 77 of the Federal Aviation Regulations. The Airspace Zoning
Ordinance draft was prepared using Title 67 Chapter 6 rather than Title
67 Chapter 4. Should the local jurisdiction decide, the draft Airspace
Zoning Ordinance could be adopted under Chapter 4 Airport Influence
Area Rules and Regulations.
One advantage Chapter 6 has which is not part of Chapter 4 is that the
Airport Owner can adopt Airspace Zoning in the event a political
subdivision does not choose to participate in the Zoning process.
Chapter 4 is silent in the event one jurisdiction chooses not to adopt an
Airport Influence Area designation.
MT. Systems Plan 2 7/29/97
The draft Air Space Ordinance contained in Action Pack No. 2 can be
combined with the Draft Airport Influence Area Ordinance if desired by
the government entities.
The Draft Airport Influence Area Ordinance assumes:
Rules and Regulations for Noise, Height and Land Use Regulation
will be adopted under the "Ordinance" adoption policies of the local
governments.
City -County Airport Influence Area Ordinances will be adopted by
both the City and County.
County owned Airport Influence Area Ordinances will be adopted
jointly if a portion of the airport influence area affects an
incorporated city's land.
County owned Airport Influence Area Ordinances will be adopted
by the County if the airport influence area affects only county
land.
City owned Airport Influence Area Ordinances will be adopted by
both the City and the County as county jurisdictional area will be
affected.
Authority Owned Airports Influence Area Ordinances will be
adopted by the Authority, City and County, as the jurisdictional of
all three political subdivisions is generally affected.
If the airport owner and affected political subdivisions decide not to adopt
a joint ordinance, then the Draft Ordinance needs to be revised to reflect
its adoption by each local jurisdiction.
B. Legal and Technical Review
The draft airport influence area ordinance should be reviewed by the legal
advisors to the City, County and zoning boards for conformance with _
local policies and procedures.
Airport Boards should review for technical accuracy and for factors
unique to the airport.
MT. Systems Plan 3 7/29/97
An Airport Engineer should be retained to prepare the Airport Land Use
Compatibility drawing, including the Airport Impact Zones and Limited
Development Area Zones contemplated by the draft ordinance.
Modify the Draft Ordinance to conform with the findings of the legal and
technical review. Section 4 also discusses the rationale for the Airport
Impact Zone and the Limited Development Area Zone.
See Section 4 below concerning information required to be inserted in the
draft ordinance during this review.
C. Public Hearings and Final Passage of Zoning Resolution
1. The Draft Ordinance provides the Ordinance will be adopted by the
political subdivisions owning the airport and having a part of the
Airport Influence Area within their jurisdiction.
The political subdivisions will follow the procedures of Title 67
Chapter 6 (airport zoning) and Title 76, Chapter 2, Part 3 (adoption
and repeal of comprehensive zoning regulations).
Prior to initial zoning, the political subdivision is required to appoint
an Airport Zoning Commission to hold public hearings on the draft
ordinance (preliminary report) and make recommendations in the
form of a final report (revised draft ordinance) to the governing
bodies.
The Airport Zoning Commission to be appointed can be an existing
city -county zoning board, or a new Commission. If a new
Commission is appointed, two representatives should be appointed
by each political subdivision. These representatives will select and
elect another person to be Chairperson of the Commission (Section
67-6-202(2) MCA). In some instances, an Airport Board and their
members have also been designated as Airport Zoning
Commissions.
The Airport Zoning Commission will hold public hearings. At least -
15 days notice of the time and place of such hearing must be
published in an official paper or paper of general circulation in the
municipality (Section 76-2-303 MCA). Section 67-4-302 MCA
requires two notices to be published, with at least seven days
separating each publication. We recommend two notices be
published, 21 days and 14 days before the date of the hearing.
MT. Systems Plan 4 7/29/97
Fallowing the public hearing, a final report is prepared by the
Airport Zoning Commission and submitted to the governing
political subdivisions. The political subdivisions hold a public
hearing prior to adopting the ordinance. Joint public hearings are
recommended where more than one political subdivision will be
adopting the ordinance. Two advertisements are required, 21 and
14 days prior to the hearing where the Airport Zoning Commission
presents its final report and recommendations.
Following this second hearing, the political subdivisions may adopt
the zoning regulations.
4. Inserts Required - Draft Ordinance
The Airport Influence Area has been designated in accordance with Section 67-
4-201 MCA, 2 miles, wide and 20,000 feet longer than the runway
An Airport Impact Zone, consisting of airport property and runway protection
zones is proposed.
The Limited Development Area Zone should be designated after reviewing the
discussion in "The Need for Land -Use Planning for Airports". We suggest an
area 'h-mile wide by one mile longer than the runway be considered. This
approximates the area overflown on down wind and base legs by general
aviation aircraft.
The sketch on the following page shows the area.
The draft ordinance has a series of blank spaces which will need to be filled in
during the legal and technical review. The following provides guidance to the
reviewers. The "letter" below corresponds with the "letter" in the blank.
a/ Insert name of preparer of Airport Land -Use Compatibility Map and the
date prepared. The preparer can be noted as the Airport Board or the
Airport Zoning Commission. It should not be the consultant.
b/ Insert an approximate distance which is approximately equal to the
distance from the runway threshold to the end of the RPZ. In the case -
of a utility runway visual approach, this would be 1,200 feet.
c/ We would suggest the density of living units in this portion of the
approach zone should not exceed 2 or 3 units per acre (low density urban
residential).
MT. Systems Plan 5 7/29/97
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d/ Insert here the title of the appropriate official, such as Director,
Department of Public Works, Planning Director, Building Official, etc.
5. The draft ordinances for the airports in the system plan update are as follows:
Airport Name Airport Owners
Bowman Field Anaconda -Deer Lodge
(Anaconda)
Baker City of Baker -Fallon County
Chester Liberty County
••. G. Obie Blaine County
Colstrip Rosebud County
Conrad Pondera County
Cutbank City of Cutbank-Glacier County
Glasgow Int'l City of Glasgow -Valley County
Havre City of Havre -Hill County
Laurel Laurel Airport Authority
Libby Lincoln County
Plains Sanders County
Polson Lake County
Jurisdiction
Airport Influence Area
Anaconda -Deer Lodge
Commission
City of Baker -Fallon
County
Town of Chester -Liberty
County
City of Chinook -Blaine
County
Rosebud County
City of Conrad-Pondera
County
City of Cutbank-Glacier
County
City of Glasgow -Valley
County
City of Havre -Hill County
City of Laurel -
Yellowstone County
Lincoln County
Town of Plains -Sanders
County
City of Polson-Lake
County
MT. Systems Plan 7 7/29/97
Jurisdiction
Airport Name Airport Owners Airport Influence Area
Ronan City of Ronan -Lake County City of Ronan -Lake
County
Sidney Sidney -Richland Regional Airport Sidney -Richland Regional
Authority Airport Authority, City of
Sidney -Richland County
Stevensville Town of Stevensville-Ravalli Ravalli County
County
Thompson Falls Sanders County Sanders County
aAmtstate\act-pakl
MT. Systems Plan 8 7/29/97
ACTION PACK NO.
RECOMMENDED PROCEDURE •' ADOPTING AN AIR SPACE ZONING
ORDINANCE TO I -I
1 . Draft Ordinance. A draft air space ordinance has been prepared for airports
identified in the 1996 State Systems Plan Scope of Work. The draft ordinance
uses the FAA Guidelines contained in FAA AC 150/5190-4A "A Model Zoning
Ordinance to Limit Height of Objects Around Airports."
2. Montana State Law. The Montana Codes Annotated have three chapters in
Title 67 which regulate heights around airports. They are:
Chapter 4 Noise, Height and Land Use Regulation
Chapter 5 Airport Hazard Regulation
Chapter 6 Airport Zoning Act
In addition, Chapter 1, the General Provisions of Title 67 Aeronautics, MCA,
defines many of the terms used in Chapters 4, 5, and 6. Of particular interest,
Section 67-1-101 defines an "Airport Hazard" and an "Airport Hazard Area" as
follows:
"(12) "Airport hazard" means a structure, object of natural growth, or
use of land that obstructs the air space required for the flight of
aircraft in landing or taking off at an airport or restricted landing
area or is otherwise hazardous to landing or taking off.
(13) "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".
Chapter 6 provides the procedures recommended in this study for adoption of
Airspace Zoning..
While Chapter 5 regulates heights, it does not establish zoning authority. In
addition, the height regulations in Chapter 5 are not in conformance with the
current federal law, Federal Aviation Regulation, Part 77, Objects Affecting -
Navigable Air Space.
Chapter 4 provides for noise, height and land use regulation. The procedure
proposed in the following also includes the notice and hearing provisions
required by Chapter 4.
MT. Systems Plan 1 7/29/97
A. Determine Appropriate Government Body. The appropriate government
body to adopt Airspace Zoning is the Airport Owner. Most airports in
Montana are jointly owned by the City and County. There are, however,
some city owned airports, some county owned airports, as well as some
airports owned by Airport Authorities (Title 67, Chapter 11).
Section 67-6-201 permits the political subdivision (city, county, or
airport authority) to create a joint airport zoning board. The assumption
is that the airspace being zoned may lie in more than one political
subdivision's jurisdiction. Examples include: (1) county owned airport
airspace over incorporated town or city; (2) city owned airport airspace
over county land area; and (3) airport authority owned airport airspace
over city or county land area.
In the event that an affected jurisdiction does not want to participate in
a joint airport zoning board, the political subdivision owning the airport
may adopt, administer and enforce zoning regulations for the airspace
in the other political subdivision.
Under Chapter 6, MCA, airport hazard areas can be designated and
zoned. Designation of a hazard area implies land use zoning. Action
Pack No. 1 provides a procedure for land use zoning which can be
combined with the Draft Air Space Zoning Ordinance if desired by the
government entities.
The Draft Ordinance assumes:
City -County Airport Airspace Zoning Ordinances will be adopted
by both the City and County.
County owned Airport Airspace Zoning Ordinances will be
adopted jointly if a portion of the zoned airspace area affects an
incorporated city's land.
County owned Airport Airspace Zoning Ordinances will be
adopted by the County if zoned airspace affects only county land.
City owned Airport Airspace Zoning Ordinances will be adopted
by both the City and the County as county airspace will be
affected.
MT. Systems Plan 2 7/29/97
Authority Owned Airports Airspace Zoning Ordinances will be
adopted by the Authority, City and County, as the airspace of all
three political subdivisions is generally affected.
If the airport owner and affected political subdivisions decide not to
adopt a joint ordinance, then the Draft Ordinance needs to be revised to
reflect its adoption by the airport owner.
-•.
The draft ordinance should be reviewed by the legal advisors to the City,
County and zoning boards for conformance with local policies and
procedures.
Airport Boards should review for technical accuracy, i.e., visual runway
and non -precision and precision instrument runway designations, primary
surface widths and airport elevations.
An Airport Engineer should be retained to modify the Airport Airspace
Drawing for use as the Airport Zoning Map. The Airspace drawing is
part of the Airports Airport Layout Plan Drawing set.
Modify the Draft Ordinance to conform with the findings of the legal and
technical review.
See Section 4 below concerning information required to be inserted in
the draft ordinance during this review.
• • . •ll Wo•
1 . The Draft Ordinance assumes the Ordinance will be adopted by
the political subdivisions owning the airport rather than a joint
airport zoning board as permitted by Sections 67-6-201 and 67-6-
202 MCA. -
The political subdivisions are required under Section 67-6-202 to
follow the procedures of Title 76, Chapter 2, Part 3 (adoption and
repeal of comprehensive zoning regulations).
Prior to initial zoning, the political subdivision is required to
appoint an Airport Zoning Commission to hold public hearings on
the draft ordinance (preliminary report) and make
recommendations in the form of a final report (revised draft
ordinance) to the governing bodies.
MT. Systems Plan 3 7/29/97
The Airport Zoning Commission to be appointed can be an
existing city -county zoning board, or a new Commission. If a
new Commission is appointed, two representatives should be
appointed by each political subdivision. These representatives
will select and elect another person to be Chairperson of the
Commission Section (67-6-202(2) MCA). In some instances, an
Airport Board and their members have also been designated as
Airport Zoning Commissions.
The Airport Zoning Commission will hold public hearings. At least
15 days notice of the time and place of such hearing must be
published in an official paper or paper of general circulation in the
municipality (Section 76-2-303 MCA). Section 67-4-302 MCA
requires two notices to be published, with at least seven days
separating each publication. We recommend two notices be
published, 21 days and 14 days before the date of the hearing.
Following the public hearing, a final report is prepared by the
Airport Zoning Commission and submitted to the governing
political subdivisions. The political subdivisions hold a public
hearing prior to adopting the ordinance. Joint public hearings are
recommended where more than one political subdivision will be
adopting the ordinance. Two advertisements are required, 21 and
14 days prior to the hearing where the Airport Zoning Commission
presents its final report and recommendations.
Following this second hearing, the political subdivisions may
adopt the zoning regulations.
The following draft ordinance has a series of blank spaces which will need to
be filled in during the, legal and technical review. The following provides
guidance to the reviewers. The "letter" below corresponds with the "letter" in
the blank.
a/ Insert name of preparer of Airport Zoning Map and the date prepared..
The preparer can be noted as the Airport Board or the Airport Zoning
Commission. It should not be the consultant.
b/ Insert the title of the appropriate official who has been charged with the
responsibility for determining the necessity for marking and lighting.
MT. Systems Plan 4 7/29/97
c/ Insert the name of the appropriate political body, subdivision or airport
who will pay for installation, etc.
d/ Insert here the title of the appropriate official charged with making the
determination that non -conforming uses have been abandoned or
destroyed.
e/ Insert here the official or body responsible for operation and
maintenance of the airport to be zoned.
f/ Insert here the title of the appropriate official, such as Director,
Department of Public Works, Planning Director, Building Official, etc.
The draft ordinance prepared for most communities is for a utility runway -
visual approach.
The draft ordinance for airports with published non -precision straight -in
instrument approaches includes the proper language for the non -precision
instrument approach runway.
Some airports have larger than utility runways. This has also been identified
in the draft ordinance for those airports.
For those airports which may want to zone for future non -precision instrument
approaches or future larger than utility runways the language in the following
paragraphs may be added to the draft ordinance.
I. F. X WiT.TeTTES7.
A. Add the following to Section II definitions. Place in alphabetical order
and renumber the subparagraphs as required.
10. LARGER THAN UTILITY RUNWAY - A runway that is constructed
for and intended to be used by propeller driven aircraft of greater_
than 12,500 pounds maximum gross weight and jet powered
aircraft.
12. NONPRECISION INSTRUMENT RUNWAY - A runway having an
existing instrument approach procedure utilizing air navigation
facilities with only horizontal guidance, or area type navigation
MT. Systems Plan 5 7/29/97
equipment, for which a straight -in nonprecision instrument
approach procedure has been approved or planned.
B. Add the following to Section III Airport Zones. Place in alphabetical
order and renumber the subparagraphs as required.
2. Utility Runway Nonprecision Instrument Approach Zone - The
inner edge of this approach zone coincides with the width of the
primary surface and is 500 feet wide. The approach zone
expands outward uniformly to a width of 2,000 feet at a
horizontal distance 5,000 feet from the primary surface. Its
centerline is the continuation of the centerline of the runway.
3. Runway Larger Than Utility Visual Approach Zone - The inner
edge of this approach zone coincides with the width of the
primary surface and is 500 feet wide. The approach zone
expands outward uniformly to a width of 1,500 feet at a
horizontal distance of 5,000 feet from the primary surface. Its
centerline is the continuation of the centerline of the runway.
4. Runway Larger Than Utility With A Visibility Minimum Greater
Than 3/4 Mile Nonprecision Instrument Approach Zone - The inner
edge of this approach zone coincides with the width of the
primary surface and is 500 feet wide. The approach zone
expands outward uniformly to a width of 3,500 feet at a
horizontal distance of 10,000 feet from the primary surface. Its
centerline is the continuation of the centerline of the runway.
C. In Section III Airport Zones revise the Horizontal Zone to read:
6. Horizontal Zone - The horizontal zone is established by swinging
arcs from the center of each end of the primary surface of each
runway and connecting the adjacent arcs by drawing lines
tangent to those arcs. The radius of arc is:
a. 5,000 feet for all runways designated utility or visual
b. 10,000 feet for all others.
The radius of the arc for each end of the runway shall be the
same. The radius used shall be the longest determined for either
end. The horizontal zone does not include the approach and
transitional zones.
MT. Systems Plan 6 7/29/97
D. Add the following to Section IV: Airport Zone Height Limitations. Place
in alphabetical order and renumber the subparagraphs as required.
2. Utility runway Nonprecision Instrument Approach Zone - Slopes
twenty (20) feet outward for each foot upward beginning at the
end of and at the same elevation as the primary surface and
extending to a horizontal distance of 5,000 feet along the
extended runway centerline.
3. Runway Larder Than Utility Visual Approach Zone - Slopes twenty
(20) feet outward for each foot upward beginning at the end of
and at the same elevation as the primary surface and extending
to a horizontal distance of 5,000 feet along the extended runway
centerline.
4. Runway Larger Than Utility With A Visibility Minimum Greater
Than 3/4 Mile Nonprecision Instrument Approach Zone - Slopes
thirty four (34) feet outward for each foot upward beginning at
the end of and at the same elevation as the primary surface and
extending to a horizontal distance of 10,000 feet along the
extended runway centerline.
Should the airport desire to add language for a Precision Instrument
Approach, consult FAA AC 150-5190-4A for the appropriate language.
The following sections will require additions:
Section II - Definitions
Section III - Airport Zones
Section IV - Airport Zone Height Limitations
In Section IV, the Transitional Zone definition will also require amending
to incorporate the definition where the approach zone projects beyond
the conical zone.
6. The draft ordinances for the airports in the system plan update are as
follows:
Larger Than Utility or
Airport Name Airport Owners Non -Precision Instr. R/W
Bowman Field Anaconda -Deer Lodge R/W 16 (Future Utility)
Baker Baker -Fallon County R/W 31 (Larger Than Utility)
MT. Systems Plan 7 7/29/97
a Oren a NTIM I 10 0 Offil •f
►01 •
Chester
Liberty County
Future Larger Than Utility
Edgar G. Obie
Blaine County
(Chinook)
Colstrip
Rosebud County
R/W 24 (Future Larger Than
Utility)
Conrad
Pondera County
R/W 23 (Utility)
Cutbank
City of Cutbank-Glacier
R/W 31 (Future Larger Than
County
Utility)
Glasgow Int'I
City of Glasgow -Valley County
R/W 30 (Larger Than Utility)
Havre
City of Havre -Hill County
R/W 7&25 (Larger Than Utility)
Laurel
Laurel Airport Authority
R/W 22 (Utility)
Libby
Lincoln County
Larger Than Utility
Plains
Sanders County
Poison
Lake County
Larger Than Utility
Ronan
City of Ronan -Lake County
R/W 16 & 34 (Future Larger
Than Utility)
Sidney
Sidney -Richland Regional
R/W 1 (Future ILS (Larger Than)
Airport Authority
Utility)
R/W 1 & 19 (Existing non -
precision Larger Than Utility
Stevensville
Town of Stevensville-Ravalli
Existing zoning ordinance in
County
Effect
Thompson Falls
Sanders County
A:\MTSTATE\ACT-PK2
MT. Systems Plan
8
7/29/97