67-7-203. Airport affected area regulations -- contents. - Montana Statutes

     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 CFR, 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;
     (j) 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 interpretations of the regulations.

     History: En. Sec. 8, Ch. 300, L. 2005.