72-10-402.  Declaration with respect to airport hazards.
     The Legislature finds that:

(1)  an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity;

Terms Used In Utah Code 72-10-402

  • 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 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. See Utah Code 72-10-401
  • 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. See Utah Code 72-10-401
  • Land: includes :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
    • (2)  an obstruction of the type that reduces the size of the area available for the landing, taking-off, and maneuvering of aircraft tends to destroy or impair the utility of the airport and the public investment in the airport;

    (3)  the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question;

    (4)  it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented;

    (5)  this should be accomplished, to the extent legally possible, by exercise of the police power, without compensation;

    (6)  both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests in land; and

    (7)  the establishment of an airport overlay zone best prevents the creation or establishment of an airport hazard, and promotes the public health, safety, and general welfare.

    Amended by Chapter 65, 2023 General Session

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