Florida Statutes 333.03 – Requirement to adopt airport zoning regulations
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(1)(a) Every political subdivision having an airport hazard area within its territorial limits shall adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed in this section, airport protection zoning regulations for such airport hazard area.
Terms Used In Florida Statutes 333.03
- Aeronautical study: means a Federal Aviation Administration study, conducted in accordance with the standards of 14 C. See Florida Statutes 333.01
- Airport: means any area of land or water designed and set aside for the landing and taking off of aircraft and used or to be used in the interest of the public for such purpose. See Florida Statutes 333.01
- Airport hazard: means an obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities. See Florida Statutes 333.01
- Airport hazard area: means any area of land or water upon which an airport hazard might be established. See Florida Statutes 333.01
- Airport land use compatibility zoning: means airport zoning regulations governing the use of land on, adjacent to, or in the immediate vicinity of airports. See Florida Statutes 333.01
- Airport protection zoning regulations: means airport zoning regulations governing airport hazards. See Florida Statutes 333.01
- Department: means the Department of Transportation as created under…. See Florida Statutes 333.01
- Educational facility: means any structure, land, or use that includes a public or private kindergarten through 12th grade school, charter school, magnet school, college campus, or university campus. See Florida Statutes 333.01
- Obstruction: means any existing or proposed object, terrain, or structure construction or alteration that exceeds the federal obstruction standards contained in 14 C. See Florida Statutes 333.01
- Person: means any individual, firm, copartnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. See Florida Statutes 333.01
- Political subdivision: means the local government of any county, municipality, town, village, or other subdivision or agency thereof, or any district or special district, port commission, port authority, or other such agency authorized to establish or operate airports in the state. See Florida Statutes 333.01
- Public-use airport: means an airport, publicly or privately owned, licensed by the state, which is open for use by the public. See Florida Statutes 333.01
- Structure: means any object constructed, erected, altered, or installed, including, but not limited to, buildings, towers, smokestacks, utility poles, power generation equipment, and overhead transmission lines. See Florida Statutes 333.01
(b) If an airport is owned or controlled by a political subdivision and if any other political subdivision has land upon which an obstruction may be constructed or altered which underlies any surface of the airport as provided in 14 C.F.R. part 77, subpart C, the political subdivisions shall either:
1. By interlocal agreement, adopt, administer, and enforce a set of airport protection zoning regulations; or
2. By ordinance, regulation, or resolution duly adopted, create a joint airport protection zoning board that shall adopt, administer, and enforce a set of airport protection zoning regulations. The joint airport protection zoning board shall have as voting members two representatives appointed by each participating political subdivision and a chair elected by a majority of the members so appointed. The airport manager or a representative of each airport in the affected participating political subdivisions shall serve on the board in a nonvoting capacity.
(c) Airport protection zoning regulations adopted under paragraph (a) must, at a minimum, require:
1. A permit for the construction or alteration of any obstruction;
2. Obstruction marking and lighting for obstructions;
3. Documentation showing compliance with the federal requirement for notification of proposed construction or alteration of structures and a valid aeronautical study submitted by each person applying for a permit;
4. Consideration of the criteria in s. 333.025(6), when determining whether to issue or deny a permit; and
5. That approval of a permit not be based solely on the determination by the Federal Aviation Administration that the proposed structure is not an airport hazard.
(d) The department shall be available to provide assistance to political subdivisions regarding federal obstruction standards.
(2) In the manner provided in subsection (1), political subdivisions shall adopt, administer, and enforce airport land use compatibility zoning regulations. Airport land use compatibility zoning regulations shall, at a minimum, consider the following:
(a) The prohibition of new landfills and the restriction of existing landfills within the following areas:
1. Within 10,000 feet from the nearest point of any runway used or planned to be used by turbine aircraft.
2. Within 5,000 feet from the nearest point of any runway used by only nonturbine aircraft.
3. Outside the perimeters defined in subparagraphs 1. and 2., but still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. 77.19. Case-by-case review of such landfills is advised.
(b) Where any landfill is located and constructed in a manner that attracts or sustains hazardous bird movements from feeding, water, or roosting areas into, or across, the runways or approach and departure patterns of aircraft. The landfill operator must incorporate bird management techniques or other practices to minimize bird hazards to airborne aircraft.
(c) Where an airport authority or other governing body operating a public-use airport has conducted a noise study in accordance with 14 C.F.R. part 150, or where a public-use airport owner has established noise contours pursuant to another public study accepted by the Federal Aviation Administration, the prohibition of incompatible uses, as established in the noise study in 14 C.F.R. part 150, Appendix A or as a part of an alternative Federal Aviation Administration-accepted public study, within the noise contours established by any of these studies, except if such uses are specifically contemplated by such study with appropriate mitigation or similar techniques described in the study.
(d) Where an airport authority or other governing body operating a public-use airport has not conducted a noise study, the mitigation of potential incompatible uses associated with residential construction and any educational facility, with the exception of aviation school facilities, within an area contiguous to the airport measuring one-half the length of the longest runway on either side of and at the end of each runway centerline.
(e) The restriction of new incompatible uses, activities, or substantial modifications to existing incompatible uses within runway protection zones.
(3) Political subdivisions shall provide a copy of all airport protection zoning regulations and airport land use compatibility zoning regulations, and any related amendments, to the department’s aviation office within 30 days after adoption.
(4) Subsection (2) may not be construed to require the removal, alteration, sound conditioning, or other change, or to interfere with the continued use or adjacent expansion of any educational facility or site in existence on July 1, 1993.
(5) This section does not prohibit an airport authority, a political subdivision or its administrative agency, or any other governing body operating a public-use airport from establishing airport zoning regulations more restrictive than prescribed in this section in order to protect the health, safety, and welfare of the public in the air and on the ground.