Citations Affected: IC 8-21-10; IC 8-22-3-14.
Synopsis: Zoning for land uses adjacent to airports. Allows an airport
authority board, after consulting with the local zoning authority, to
adopt an ordinance establishing an overlay zoning district for a noise
sensitive area: (1) to promote aviation safety; or (2) to provide for land
uses within the noise sensitive area that are compatible with and
support airport operations. Makes a technical correction.
Effective: July 1, 2007.
January 8, 2007, read first time and referred to Committee on Commerce, Public Policy
& Interstate Cooperation.
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities and transportation.
association, or body politic, including any trustee, receiver, assignee,
or other similar representative.
"Public use airport" means any area, site, or location, either on land,
water, or upon any building, which is specifically adapted and
maintained for the landing and taking off of aircraft, and utilized or to
be utilized in the interest of the public for such purposes. The term
does not include:
(1) any private use airport or landing field; or
(2) any military airport solely occupied by any federal branch of
government using that airport for military air purposes.
"Structure" means any object constructed or installed by man,
including, but not limited to, cranes, buildings, towers, smokestacks,
electronic transmission or receiving towers, buildings used for a noise
sensitive purpose, and antennae and overhead transmission lines.
overcrossings are designed for a minimum of seventeen (17)
feet vertical distance.
(B) Fifteen (15) feet for any other public roadway.
(C) Ten (10) feet or the height of the highest mobile object that
would normally traverse the road, whichever is greater, for a
private road.
(D) Twenty-three (23) feet for a railroad.
(E) For a waterway or any other traversed way not previously
mentioned, an amount equal to the height of the highest
mobile object that would normally traverse it.
(b) Unless:
(1) a permit for construction in a noise sensitive area has been
approved by the department;
(2) the holder of a permit for construction in a noise sensitive area
has filed a copy of the permit for construction in a noise sensitive
area with the county recorder of the county in which the structure
is located, as provided in subsection (d); (f); and
(3) a certified copy of the recorded permit for construction in a
noise sensitive area, with the recording data from the county
recorder on the copy of the permit, has been received by the
department;
a person may not erect a building used for a noise sensitive purpose
within an area lying one thousand five hundred (1,500) feet on either
side of the centerline and the extended centerline of a runway for a
distance of one (1) nautical mile from the boundaries of any public use
airport. a noise sensitive area.
(c) A person applying for a permit under subsection (a) must
provide notice, at the time of the filing of the application for a permit,
to the owner of a public use airport located within a five (5) nautical
mile radius surrounding the structure, regardless of county lines, if the
structure that is the subject of the permit is:
(1) a new structure; or
(2) an existing structure to which additional height is added.
(d) A person applying for a permit for construction in a noise
sensitive area under subsection (b) must provide notice, at the time of
the filing of the application for a permit, to the owner of a public use
airport if the public use airport is located within a distance of one (1)
nautical mile from the boundary of the property that contains the
building used for a noise sensitive purpose.
(e) Notice under subsections (c) and (d) must be sent by certified or
registered mail, with return receipt requested, and must include the:
(1) name, telephone number, and a contact person for the:
the proper and safe use of an airport or landing field acquired or
maintained under this chapter, the board may establish by ordinance or
ordinances a restricted zone or zones of a distance in any direction
from the boundaries of the airport or landing field so that no building
or other structure is erected high enough to interfere with the descent
of an aircraft at an approach angle necessary for safety for the usual
type of operation that is conducted at the airport or landing field. If the
authority was established under IC 19-6-3 (before its repeal on April 1,
1980), this action is subject to approval by the fiscal body of any
eligible entity within or coterminous with the boundaries of the district.
(b) The board may acquire by condemnation or purchase, upon the
payment of due compensation, the right to prevent the erection of, and
to require the removal of, all buildings, towers, poles, wires, cables,
other structures, and trees within the zone or zones that interfere with
the gliding angle or as much of any structure or trees that interfere with
the gliding angles. When a restricted zone or zones has have been
established, a permit issued by a department or office of an eligible
entity or by any state or other authority for the erection of any structure
extending into such zone or zones is effective only if approved by the
board. Establishment of a restricted zone or zones outside of an airport
or landing field, in connection with the condemnation of the rights in
the land, constitutes condemnation and the perpetual annihilation of all
rights of the owners of the property within the zone or zones to erect or
maintain any building or structure that will interfere with the gliding
angle. This result may be accomplished by absolute condemnation of
the land, with perpetual and irrevocable free license to use and occupy
the land within the zone for all purposes except the erection of
buildings or other structures above the height so prescribed.
(c) The part of a restricted zone that extends below fifty (50) feet
measured vertically from the land may be established only by purchase
or proceedings in eminent domain. That part of a restricted zone that
is fifty (50) or more feet above the surface of the land is in effect
immediately upon the adoption of a zoning ordinance. However, the
owners of land beneath a restricted zone have the right to recover
damages that may be proven in an action brought for that purpose. In
an action for damages, the owner has the burden of proving damage by
reason of the establishment of the restricted zone.
(d) The board may establish an overlay zoning district within a
noise sensitive area (as defined in IC 8-21-10-2):
(1) to promote aviation safety; or
(2) to provide for land uses within the noise sensitive area (as
defined in IC 8-21-10-2) that are compatible with and support
airport operations.
Before the board may adopt an ordinance establishing the overlay
zoning district, the board shall consult with the appropriate local
planning and zoning authority within the board's district.
(d) (e) The zoning jurisdiction granted in this section is exclusive
against jurisdiction granted by any other statute unless the other statute
specifically provides otherwise. In case of conflict with any airport
zoning or other regulations promulgated by an eligible entity, the
regulations adopted under this section prevail.
(e) (f) All airport zoning regulations adopted under this chapter
must be reasonable and may not impose a requirement or restriction
that is not reasonably necessary to effectuate the purposes of this
chapter. In determining what regulations to adopt, the board shall
consider, among other things, the character of the flying operations
expected to be conducted at the airport, the nature of the terrain within
the airport hazard area, the character of the neighborhood, and the uses
to which the property to be zoned is put and adaptable. However, this
section does not apply to the location, relocation, erection,
construction, change, alteration, maintenance, removal, use, or
enlargement of any buildings or structures on lands owned by a public
utility or railroad.