§ 14-56-426 - Control of property use -- Proximity to military installation. - Arkansas Statutes

14-56-426. Control of property use -- Proximity to military installation.

(a) Any city of the first class in this state within which there lies, in whole or in part, an active-duty United States Air Force military installation shall enact a city ordinance specifying that within five (5) miles of the corporate limits future uses on property which might be hazardous to aircraft operation shall be restricted or prohibited.

(b) The ordinance shall restrict or prohibit future uses within the five-mile area which:

(1) Release into the air any substance that would impair visibility or otherwise interfere with the operation of aircraft, i.e., steam, dust, or smoke;

(2) Produce light emissions, either direct or indirect, that are reflective and that would interfere with pilot vision;

(3) Produce electrical emissions that would interfere with aircraft communications systems or navigational equipment;

(4) Attract birds or waterfowl, including, but not limited to, the operation of sanitary landfills, maintenance of feeding stations, or the growing of certain vegetation;

(5) Provide for structures within ten feet (10') of aircraft approach, departure, or transitional surfaces; or

(6) Expose persons to noise greater than sixty-five (65) decibels.

(c) The ordinance shall restrict or prohibit future uses within the five-mile area that violate the height restriction criteria of Federal Aviation Regulation, part 77, subpart C.

(d) (1) The ordinance shall be consistent with recommendations or studies made by the United States Air Force entitled Air Installation Compatible Use Zone Study, Volumes I, II, and III, dated April 2003.

(2) Interpretations of such an ordinance shall take into account recommendations or studies with a view toward protection of the public and maintenance of safe aircraft operations.

(e) The ordinance shall not prohibit single-family residential use on tracts one (1) acre or more in area, provided that future construction shall comply with Guidelines for the Sound Insulation of Residences Exposed to Aircraft Operations, Wyle Research Report WR 89-7, which construction shall be regulated and inspected by the city's existing building permit and inspection ordinances and procedures.