305.630. Noise mitigation--requirements--roads, relocation of highways--effect of plan on floodplain. - Missouri Statutes

Noise mitigation--requirements--roads, relocation of highways--effectof plan on floodplain.

305.630. 1. Any area surrounding an airport as defined insection 305.600 which is to be expanded, and which has a noiselevel rating of seventy-five LDN or greater shall be purchased bythe airport authority or owner of such airport for purposes ofnoise mitigation within a reasonable period of time after thedetermination of such noise level. Noise level monitors shall beplaced in locations surrounding the airport in such a manner asto ensure that an accurate noise level reading may be made in anygiven area, and such noise level monitors shall be maintained inproper working condition. Upon the request of at least tenpercent of the residents of a neighborhood, the airport authorityor other owner of the airport shall install noise level monitorsin such neighborhood and maintain them in proper workingcondition, if any portion of such neighborhood is located withinthree miles of the airport.

2. Whenever property is purchased or otherwise taken forairport use, as required by subsection 1 of this section, orpursuant to any powers authorized by law, a plan shall beprepared to establish a perimeter zone of not less than onethousand feet distance from the proposed airport boundary. Anyarea within one thousand feet from the proposed airport boundaryin which the noise level rating is less than sixty-five LDN maybe exempted or excluded from the perimeter zone required by thissubsection. Residences within this area shall be purchased bythe airport authority provided the majority of property ownersagree to such a purchase plan. Nothing in this subsection shallbe deemed to prohibit any airport buy out program that is agreedto by the residents of any area involved in such a program or toprohibit any resident from requesting the airport to purchasesuch resident's property for conditions other than noiseabatement. Whenever a perimeter zone of not less than onethousand feet distance from the proposed airport boundary isestablished, the owner of the airport shall landscape such bufferto provide a visual barrier to air traffic activities and airportoperation.

3. Any airport expansion which affects roads to anyneighborhood shall also provide for the relocation of such accessroads, rather than simply providing for the elimination of suchaccess roads. Any airport expansion which affects any highwaywhich is maintained or regulated by the state transportationdepartment shall provide that the highway is to berelocated and the costs of such relocation shall be theresponsibility of the airport authority or other owner of theairport, except that the cost of an expansion of such highway maybe shared by the transportation department. Any such relocationshall be under the supervision of the transportation department.

4. In any airport expansion performed pursuant to anypowers authorized by law, any land which is purchased for noisemitigation purposes shall be developed so that existingstructures no longer used for their original purpose aredemolished and the land is cleared of debris and allowed toreturn to its natural condition within six months after suchproperty is vacated.

5. The airport authority or other owner of the airportshall file a plan of its proposed expansion with the departmentof natural resources. The department shall approve the proposedexpansion plan if such plan will not adversely affect thefloodplain of any areas in the vicinity of the airport to such adegree as to cause significant risk of damage from floodwaters toany such area.

(L. 1990 H.B. 1510 § 11, A.L. 1993 H.B. 710)