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67-7-102. Legislative finding and purpose. The legislature finds that tall trees and structures 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. The legislature also finds that the location of tall
trees and structures and certain types of development near airports reduces the area available for landing,
taking off, and maneuvering aircraft and increases the likelihood of legal action against a local
government for noise nuisance, thus destroying the utility of the airports and the public investment in
them. It is the purpose of this chapter to promote the public health, safety, and general welfare by the
delineation of an airport affected area and by the development of compatible noise, height, and land use
regulations to control airport hazards. 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
sions may raise
political subdivisions may acquire land or property interests.
History: En. Sec. 4, Ch. 300, L. 2005.
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67-7-210. Acquisition of property rights hen 7r��eula�t�ionso` t sufficie�he political
subdivision within which a property or nonconforming use is located or the political subdivision owning
the airport or served by the airport may acquire, by purchase, grant, or condemnation pursuant to Title
70, chapter 30, an air right, aviation easement, or other estate or interest in the property or
nonconforming structure or use that is necessary to effectuate the purposes of this chapter. The
governing body of the political subdivision may acquire an interest when:
(1) it is desirable to remove, lower, or o erwise ermina e a nonconfo tructure or use;
(2) the necessary approach protection cannot ecause of constitutional limitations, be provided by
airport affected area regulations under this chapter; oo -
(3) it appears advisable that the necessary approach protection be provided by acquisition of property
rights rather than by airport affected area regulations.
History: En. Sec. 12, Ch. 300, L. 2005.
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67-10-103. Public purpose. (1) Land acquired, owned, controlled, or occupied by a county, city, or
town, individually or pursuant to joint action for the purposes enumerated in 67-10-102, is acquired,
owned, controlled, and occupied for a public use and as a matter of public necessity. Counties, cities,
and towns, whether acting individually or jointly, have the right to acquire property for the enumerated
purposes under the power of eminent domain as provided in Title 70, chapter 30.
(2) The following are public and governmental functions, exercised for a public purpose and as
matters of public necessity:
(a) the acquisition of land or an interest in land pursuant to this chapter,
the among, acquisition es—ta-GlisFiment, development, construction, improvement, maintenance,
equipment, operation, regulation, protection, and policing of airports and air navigation facilities,
including the acquisition or elimination of airport hazards; and
c t e exercise o any of er powers granted in this chapter to municipalities and other public
agencies, to be severally or jointly exercised.
(3) 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; amd. Sec. 40, Ch. 125, L. 2001.
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67-10-104. Construction. This chapter shall be so interpreted and construede s to make unifo so
far as_ossible the laws and regulations of this state and other states and of the government of the United
Mates having to do with the subject -oft umcipa airports.
History: En. Sec. 19, Ch. 288, L. 1947; R.C.M. 1947, 1-826; amd. Sec. 4, Ch. 140, L. 1979.
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67-10-201. General municipal powers. (1) A municipality may, out of any appropriations or other
money made available for airport purposes, plan, establish, develop, construct, e, nlarge, improve,
maintain, equip, operate, regulate, protect, and police airports and air navigation facilities, either within
or outside of the territorial inns of the municipality and within or outsi e of the territorial boun apes of
this state. The e airport purposes include the construction, installation, equipping, maintenance, anc�—
opera on at 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. A municipality may use any available property that it
owns or controls for airport purposes. A municipality may acquire real or personal property or any
interest in property by purchase, gift, devise, lease, eminent domain proceedings pursuant to Title 70,
or otherwise. A murucina11ty may also acquire property interests, inctuain easemf
rds or land outside the boundaries of an airport or airport site that are necessary to:
�(b) permit the removal, elimination, obstruction -marking, or obstruction -lighting of airport hazards;
or
revent the establishment of airport hazards: '�
(2) The mumc- pal. Ry may, by purchase, gift, devise, lease, eminent domain proceedings pursuant to
Title 70, chapter 30, or otherwise, acquire existing airports and air navigation facilities. However, a
municipality may not acquire 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 the 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 public waters, and any artificial or reclaimed lands that before the
artificial making or reclamation constituted a portion of the submerged lands under the public waters. A
municipality may construct and maintain terminal buildings, landing floats, causeways, roadways, and
bridges for approaches to or connecting with any airport and may construct and maintain landing floats
and breakwaters for the protection of the other improvements.
(4) All air navigation facilities established or operated by municipalities must be supplementary to
and coordinated in design and operation with air navigation facilities established and operated by the
federal and state governments.
(5) A municipality may enter into any contracts necessary 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; amd. Sec. 41, Ch.
125, L. 2001.
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67-7-201. Designation of airport affected area — regulations required — maps and descriptions
required — public hearing required — effect of designation. (1) Subject to the provisions of
subsection (5), a governing body of a political subdivision that owns or controls an NPIAS airport or
that has an airport affected area for an NPIAS airport within its territorial limits or a joint board
established pursuant to 67-7-202 shall, by ordinance or resolution, exercising its police power:
(a) designate an airport affected area within 1 year of April 19, 2005;
(b) concurrently adopt regulations for the airport affected area that comply with 67-7-203; and
(c) administer and enforce the regulations that are adopted.;
(2) A governing body of a political subdivision that owns or controls a non-NPIAS airport or that has
an airport affected area for a non-NPIAS airport within its territorial limits or a joint board established
pursuant to 67-7-202 may, by ordinance or resolution, exercising its police power, designate an airport
affected area. If the governing body or joint board makes the designation, it shall concurrently adopt
regulations for the airport affected area that may comply with 67-7-203 and shall administer and enforce
the regulations.
(3) The airport affected area may not be less than 10,000 feet from the thresholds of each runway or
less than 1 mile wide on each side of each runway unless evaluations for a specific runway show that the
accident data justifies a lesser area. A greater area may be regulated as an airport affected area if:
(a) studies have been conducted in accordance with 14 CFR, part 150, maps of the area have been
prepared, and a program has been approved by the federal aviation administration; or
(b) the governing body intends to protect imaginary surfaces as provided in 14 CFR, part 77.
(4) The designation must be accompanied by maps and legal descriptions of the airport affected area.
The maps must be filed with the clerk and recorder of each affected county and with the clerk of each
affected city or town.
(5) (a) Before a governing body designates an airport affected area and adopts or amends regulations
governing the airport affected area, the governing body shall hold at least one public hearing.
(b) The notice of the public hearing must be published as provided in 7-1-2121 if the governing body
is a county commission or the commissioners of a regional airport authority and as provided in 7-1-4127
if the governing body is a city commission, a town council, or the commissioners of a municipal airport
authority.
(6) After the designation of an airport affected area, a person may not recover from a local
government, an airport authority, an airport operator, or an airport owner damages caused by noise,
fumes, vibrations, light, or any other effects from normal and anticipated normal airport operations.
History: En. Sec. 6, Ch. 300, L. 2005.
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67-7-202. Joint airport affected area regulation board authorized — may adopt regulations. (1)
If an airport affected area is located outside of the jurisdictional area of the governing body of the
political subdivision that owns or controls the airport, the governing body of the political subdivision
that owns or controls the airport and the governing body of the political subdivision within which the
airport affected area is located may by ordinance or resolution create a joint airport affected area
regulation board.
(2) The joint board may adopt, administer, and enforce airport affected area regulations, as provided
in 67-7-201, subject to the provisions of 67-7-203.
(3) The joint board must have two members appointed by the governing body of each political
subdivision participating in its creation, and a presiding officer must be elected by a majority of the
members appointed. The members of the joint board who are appointed shall select an additional at -
large member who resides in the county in which the airport is located.
(4) If, in the judgment of the governing body of the political subdivision that owns or controls an
airport, the governing body of the political subdivision that contains the airport affected area has failed
to adopt or enforce reasonably adequate airport affected area regulations for the airport affected area and
if the governing body of the political subdivision that contains the airport affected area has refused to
join in creating a joint board under this section, the governing body of the political subdivision that
owns or controls the airport may adopt, administer, and enforce airport affected area regulations for the
airport affected area. The regulations adopted by the governing body of the political subdivision that
owns or controls the airport prevail if a conflict arises between regulations adopted by that governing
body and the governing body of the political subdivision that contains the airport affected area.
History: En. Sec. 7, Ch. 300, L. 2005.
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67-7-203. Airport affected area regulations — contents. (1) Subject to the provisions of 67-7-209,
regulations adopted for the airport affected area must be reasonable, be designed to promote the public
health, safety, and general welfare, and, for an NPIAS airport, at a minimum, give consideration to:
(a) the safety of airport users and persons and property in the vicinity of the airport;
(b) the character of the flying operations conducted or expected to be conducted at the airport;
(c) the nature of the terrain;
(d) the future development of the airport; and
(e) federal aviation administration recommendations for the aeronautical surfaces necessary for safe
flying operations.
(2) Airport affected area regulations may:
(a) designate the airport or airports that are subject to the regulations, with a description of existing
and future runways and approaches;
(b) define the terms used in the regulations based on the definitions provided in Title 67 and 14 CFR,
part 77;
(c) describe the airport affected area by referencing maps and describing existing airport hazards and
natural terrain that intrude into the airport affected area;
(d) designate and describe zones within the airport affected area, along with the height limitations for
structures and trees within each zone, considering local conditions and needs, as well as the notice
requirements and obstructions standards provided in 14 CFR, part 77;
(e) show the contours for decibel levels of 65 YDNL or greater on the maps that designate an airport
affected area, if a study has been conducted pursuant to 14 CFR, part 150, and require that information
to be considered by anyone who builds within the airport affected area;
(f) specify permitted and conditional uses within each zone of the airport affected area by addressing:
(i) incompatible land uses, such as uses for residences, schools, hospitals, day-care centers, or other
concentrations of people indoors or outdoors;
(ii) the land uses that are considered incompatible with certain noise levels, as provided in 14 CFI;,
part 150;
(iii) bird attractants such as solid waste disposal sites and lagoons;
(iv) sources of electromagnetic radiation that may interfere with electronic navigational aids;
(v) lights other than navigational aids that glare upward or shine on or in the direction of the airport;
and
(vi) the national transportation safety board's accident investigation data in the vicinity of airports and
specific accident data for a particular airport, if that information is available;
(g) define nonconforming uses, measures to be taken to mitigate the nonconforming uses, and the
expiration of the uses in accordance with this chapter,
(h) provide for an inventory of existing land uses, structures, and trees within the airport affected
area;
(i) expand on the permit system provided pursuant to 67-7-212 for changes to existing land uses,
including changes that affect structures or trees, and for new land uses, structures, or trees,
0) subject to the provisions of 67-7-303, provide a variance procedure from the literal application of
the regulations, including the conditions for granting a variance; and
(k) establish or designate local boards, commissions, or agents to administer and adjudicate
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interpretations of the regulations.
History: En. See. 8, Ch. 300, L. 2005.
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67-7-204. State lands. When an airport affected area lies partially or entirely on state-owned lands,
the department of natural resources and conservation shall administer the affected lands in conformance
with the airport affected area regulations adopted by the local governing body.
History: En. Sec. 9, Ch. 300, L. 2005.
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67-7-208. Procedure for developing or amending regulations — assistance from existing boards
or zoning commissions. (1) In adopting, amending, and repealing airport affected area regulations
under this chapter, a governing body or a joint airport affected area regulation board may request the
assistance of existing planning boards or zoning commissions.
(2) If a political subdivision does not have an existing planning board or zoning commission to assist
with recommendations for airport affected area regulations, the governing body may:
(a) request that an existing airport board recommend the boundaries of the airport affected area and
the various zones to be established and the regulations that will govern the airport affected area; or
(b) act without assistance of an airport board, planning board, or zoning commission.
(3) If a governing body or joint airport affected area regulation board uses a separate airport board,
planning board, or zoning commission to assist the governing body or joint board in designating the
airport affected area and establishing regulations to govern the airport affected area, the airport board,
planning board, or zoning commission shall make a preliminary report and hold public hearings on the
report before submitting its final report to the governing body or joint board. The governing body or
joint board may not hold a public hearing or take action on the regulations until it has received the final
report from the airport board, planning board, or zoning commission.
History: En. Sec. 10, Ch. 300, L. 2005.
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67-7-209. Prior nonconforming uses. (1) All regulations adopted under this chapter must be
reasonable and may not require the removal or alteration of any structure or tree or require cessation or
alteration of a use that is lawfully in existence when the regulations become effective.Those structures,
trees, or uses must be treated as prior nonconforming structures, trees, or uses that may remain or
continue, but regulations may prohibit their expansion or their reconstruction or replacement following
destruction or substantial damage. For the purposes of this section, "substantial damage" has occurred
when 80% or more of a structure or tree is deteriorated or decayed or has been torn down or destroyed.
(2) The regulations may require that trees in place at the time that the regulations take effect be
maintained by the political subdivision, at its expense, at heights attained at that time.
(3) The regulations may require the owner of structures or trees to permit the political subdivision, at
its expense, to install, operate, and maintain the lights and markers necessary to warn pilots of the
presence of an airport hazard.
(4) Land in existing residential subdivisions or platted for residential subdivision at the time that
regulations are adopted may continue to be used for residential purposes, subject to notification provided
to property owners that the lots are within an adopted airport affected area.
History: En. Sec. 11, Ch. 300, L. 2005.
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67-7-211. Regulations relative to zoning ordinances. (1) Subject to the provisions of subsections
(2) and (3), if a governing body has adopted a zoning ordinance or resolution, any regulations adopted
under this chapter may be made a part of the zoning ordinance or resolution and may be administered
and enforced in connection with it.
(2) The zoning ordinance or resolution may not limit the effectiveness or scope of the regulations
adopted pursuant to this chapter.
(3) When a conflict exists between the regulations adopted pursuant to this chapter and any zoning
ordinances or resolutions applicable to the same area that the regulations are intended to govern, the
more stringent limitation or requirement prevails.
History: En. Sec. 13, Ch. 300, L. 2005.
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67-7-212. Permit system. (1) The regulations adopted pursuant to this chapter must provide for a
permit system for erecting new structures or trees, changing uses of land or structures, and substantially
altering, repairing, or replacing existing structures or replacing existing trees within the airport affected
area.
(2) A permit may not be granted that would allow the establishment of an airport hazard or that
would allow a nonconforming use, structure, or tree to become a greater hazard to air navigation than it
was on the effective date of the designation of the airport affected area and the regulations adopted to
protect the airport affected area.
(3) A permit granted pursuant to this chapter may require the owner of a structure or tree to allow the
governing body, at the owner's expense, to install, operate, and maintain the lights and markers
necessary to warn pilots of the presence of an airport hazard.
History: En. Sec. 14, Ch. 300, L. 2005.
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67-7-301. Enforcement. The governing body or its designated agent or agency is responsible for
enforcing the regulations adopted pursuant to this chapter. The regulations must provide for an
enforcement officer and an appeal process from the decision of the enforcement officer, who may be an
existing employee of the local government.
History: En. Sec. 15, Ch. 300, L. 2005.
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67-7-302. Appeals. (1) The governing body that designated the airport affected area shall act as an
airport appeals board or appoint an airport appeals board that functions in the same manner as a board of
adjustment provided for in Title 76, chapter 2. Fthe governing body appoints an airport appeals board,
the board must have at least three members.
(2) The provisions of 76-2-223 and 76-2-225 through 76-2-228 apply to the governing body of a
county or an airport appeals board appointed by that governing body and the provisions of 76-2-323 and
76-2-325 through 76-2-328 apply to the governing body of a municipality or an airport appeals board
appointed by that governing body when considering grievances relating to regulations, variances, or
permits.
(3) If a governing body has appointed a board of adjustment under the provisions of 76-2-221
through 76-2-228 or 76-2-321 through 76-2-328, the governing body may designate the members of that
board as the airport appeals board, in which case the terms of the members for the purposes of this
chapter are concurrent with their terms as members of the board of adjustment.
History: En. Sec. 16, Ch. 300, L. 2005.
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67-7-303. Variance. (1) A person intending to erect or increase the height of a structure, permit the
growth of a tree, or use property in a manner that is not in accordance with the requirements of the
regulations adopted pursuant to this chapter may apply to the governing body or an enforcement officer
appointed for this purpose by the governing body for a variance from the regulations.
(2) If an enforcement officer has been appointed by the governing body, the decision of the officer is
final unless it is appealed to either the governing body or the airport appeals board, if one exists.
(3) A variance must be granted when a literal application or enforcement of the regulations would
result in substantial practical difficulty or unnecessary hardship and when the variance would not be
contrary to the public interest.
(4) A variance must be granted for a nonconforming use when there is no immediate hazard to safe
flying operations or to persons and property in the vicinity of the airport and when the noise or
vibrations from normal and anticipated normal airport operations would not be likely to cause damage to
structures.
(5) A variance granted under this section may require the owner of a structure or tree to allow the
political subdivision, at the owner's expense, to install, operate, and maintain the lights and markers
necessary to warn pilots of the presence of an airport hazard.
(6) A person who builds a structure pursuant to a variance from the airport affected area regulations
or who takes or buys property in an airport affected area for which a variance has been granted is on
notice that the airport existed before the variance was granted and that normal and anticipated normal
operations of the airport will result in noise, vibrations, and fumes being projected over the property. A
person using a structure built pursuant to a variance may not collect damages from a governing body or
local government or from an airport authority, airport operator, or airport owner for interference with the
enjoyment of that structure caused by noise, vibrations, and fumes from normal and anticipated normal
airport operations.
History: En. Sec, 17, Ch. 300, L. 2005.
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67-7-304. Penalty. A person who violates the provisions of this chapter or the regulations adopted
under 67-7-203 is subject to a civil penalty and a criminal penalty. The civil penalty is a fine of $100 for
each day that the violation is not remedied after the governing body has given notification of the
violation and held a hearing on the violation. The criminal penalty is a fine of $500, pursuant to 45-2-
104.
History: En. Sec. 18, Ch. 300, L. 2005.
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67-7-305. Injunction. A local governing body may institute in any court of competent jurisdiction an
action to prevent, restrain, correct, or abate any violation of this chapter or the regulations adopted
pursuant to this chapter.
History: En. Sec. 19, Ch. 300, L. 2005.
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