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ID S1265
Bill
Status
3/13/2014
Primary Sponsor
Local Government and Taxation Committee
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AI Summary
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Repeals sections 21-503 through 21-508 of Idaho Code that established specific airport zoning regulations, procedures for zoning aviation hazard areas, and requirements for permits and variances related to airports.
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Designates public airports as essential community facilities in Idaho's land use planning statutes and requires planning commissions to include public airport facility analysis in comprehensive plans prepared with assistance from the Idaho transportation department division of aeronautics.
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Requires notice of intent to amend zoning plans to be sent to local airport managers and mandates notice to airport managers in variance permit proceedings if the variance could create an aviation hazard.
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Allows studies of aviation hazards to be required as part of special use permit applications and requires transfer of development rights procedures to avoid creation of aviation hazards as defined in Idaho Code section 21-501(2).
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Removes language from section 21-502 stating that aviation hazard prevention should be accomplished "by exercise of the police power, without compensation," while maintaining the declaration that aviation hazards are a public nuisance and injury to the community.
Legislative Description
Amends and repeals existing law to remove certain provisions relating to aviation hazards contrary to public interest; to provide that public airports are essential community facilities; to provide for public airport facilities in the planning duties of a planning and zoning commission; to provide that notice of intent to amend a zoning plan shall be sent to the manager of a local airport; to provide that a study of aviation hazards may be required for a special use permit; to provide for notice and hearing in the transfer of development rights; to provide that aviation hazards shall be avoided in the transfer of development rights; and to provide for notice and hearing in the consideration of variance permits.
ZONING
Last Action
Signed by Governor on 03/13/14 Session Law Chapter 93 Effective: 07/01/2014
3/13/2014