FW: KCA - Noise Article (2)
Fred A. Leistiko
Airport Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
406-250-3065
From: Rick Donaldson [mailto:rick@RPA-HLN.COM]
Sent: Wednesday, August 19, 2009 2:26 PM
To: Fred Leistiko
Subject: KCA - Noise Article
I just read the newspaper article on the noise ordinance before the
council.
You might want to review the Airport Zoning Ordinance, as there is some
discussion about noise in there. It isn't very strong though. From the
version I found, which may be different from what was finally adopted:
Section II. "Therefore, the City of Kalispell and Flathead County deems
it necessary to regulate uses of land located within or near the traffic
patterns of the airport through regulation of height of structures and
objects of natural growth, and through regulation of land uses within
noise impacted areas and runway protection zones."
Section IV B 1 - "It is intended to notify potential property purchasers
in the vicinity of the existence of the airport, associated noise, and
activities. These zones are intended to preserve the utility of the
airport and the public investment therein."
End of Section IV Certification has several references to noise too.
In the MCA:
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
<http://data.opi.mt.gov/bills/mca/67/7/67-7-202.htm> 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
<http://data.opi.mt.gov/bills/mca/67/7/67-7-203.htm> ; and
(c) administer and enforce the regulations that are adopted.
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 public purposes for which political
subdivisions may raise and expend public funds and in which political
subdivisions may acquire land or property interests.
67-7-201. (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.
We've consolidated the whole title into one Word file. It is attached
here for your reference.
Rick Donaldson, P.E. | Vice President
Robert Peccia & Associates Inc. | PO Box 5653 | Helena, MT 59604
406.447.5000 | 406.447.5036 (fax) | 406.439.4905 (cell) |
rick@rpa-hln.com <mailto:rick@rpa-hln.com>
http://www.rpa-hln.com <http://www.rpa-hln.com/>
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