67-7-201. Designation of airport affected area -- regulations required -- maps and descriptions required -- public hearing required -- effect of designation. - Montana Statutes

     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.