72-10-401.  Definitions.
     As used in this part, unless the context otherwise requires:

(1)  “Airport” means any publicly used area of land or water that is used, or intended to be used, for the landing and take-off of aircraft and utilized or to be utilized in the interest of the public for these purposes.

Terms Used In Utah Code 72-10-401

  • Aircraft: means any contrivance now known or in the future invented, used, or designed for navigation of or flight in the air. See Utah Code 72-10-102
  • Airport: means any publicly used area of land or water that is used, or intended to be used, for the landing and take-off of aircraft and utilized or to be utilized in the interest of the public for these purposes. See Utah Code 72-10-401
  • Airport influence area: means land located within 5,000 feet of an airport runway. See Utah Code 72-10-401
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Flight: means any kind of locomotion by aircraft while in the air. See Utah Code 72-10-102
  • Land: includes :Utah Code 68-3-12.5
  • Land use regulation: means the same as that term is defined in Sections 10-9a-103 and 17-27a-103. See Utah Code 72-10-401
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Structure: means any object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines. See Utah Code 72-10-401
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Tree: means any object of natural growth. See Utah Code 72-10-401
(2)  “Airport hazard” means any structure, tree, object of natural growth, or use of land that potentially obstructs or otherwise impacts the safe and efficient utilization of the navigable airspace required for the flight of aircraft in landing or take-off at an airport.

(3)  “Airport influence area” means land located within 5,000 feet of an airport runway.

(4)  “Airport overlay zone” means a secondary zoning district designed to protect the public health, safety, and welfare near an airport that:

(a)  applies land use regulation in addition to the primary zoning district land use regulation of property used as an airport and property within an airport influence area;

(b)  may extend beyond the airport influence area;

(c)  ensures airport utility as a public asset;

(d)  protects property owner land values near an airport through compatible land use regulations as recommended by the Federal Aviation Administration; and

(e)  protects aircraft occupant safety through protection of navigable airspace.

(5)  “Avigation easement” means an easement permitting unimpeded aircraft flights over property subject to the easement and includes the right:

(a)  to create or increase noise or other effects that may result from the lawful operation of aircraft; and

(b)  to prohibit or remove any obstruction to such overflight.

(6)  “Land use regulation” means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.

(7)  “Political subdivision” means any municipality, city, town, or county.

(8)  “Structure” means any object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines.

(9)  “Tree” means any object of natural growth.

Amended by Chapter 65, 2023 General Session