1.1 	A bill for an act
1.2 	relating to airports; expanding scope of airport
1.3 	zoning provisions to include control of uses
1.4 	incompatible with present and future airport use;
1.5 	amending Minnesota Statutes 2004, sections 360.061, by
1.6 	adding subdivisions; 360.064, subdivision 1; 360.065;
1.7 	360.066, subdivisions 1, 1a; 360.074; proposing coding
1.8 	for new law in Minnesota Statutes, chapter 360.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 360.061, is
1.11 	amended by adding a subdivision to read:
1.12 		Subd. 5.Development area. "Development area" means any
1.13 	land located within two miles of the boundary of a commercial
1.14 	service airport.

1.15 	Sec. 2. Minnesota Statutes 2004, section 360.061, is
1.16 	amended by adding a subdivision to read:
1.17 		Subd. 6.Incompatible use. "Incompatible use" means
1.18 	present or potential land use that is located within a
1.19 	development area and is incompatible with the present function
1.20 	of the airport, or future function as established in the state
1.21 	transportation plan, because (1) it presents an actual or
1.22 	potential obstacle to eventual development or expansion of the
1.23 	airport, or (2) present or potential use of the airport presents
1.24 	a significant threat, because of noise, increased traffic, or
1.25 	other factors, to the quality of life of residential property
1.26 	within the area in question.

1.27 	Sec. 3. [360.0631] AIRPORT ZONING; DEVELOPMENT AREAS.
2.1 		Subdivision 1.Zoning authorized. A municipality or
2.2 	joint airport zoning board having jurisdiction over a commercial
2.3 	service airport as defined by the Federal Aviation
2.4 	Administration may adopt zoning regulations to prevent
2.5 	incompatible uses in development areas in the same manner as
2.6 	provided for zoning regulations to prevent the creation or
2.7 	establishment of airport hazards under sections 360.061 to
2.8 	360.076.  A joint airport zoning board may not adopt zoning
2.9 	regulations that are inconsistent with zoning regulations
2.10 	adopted by a municipality having jurisdiction over all or a part
2.11 	of a development area unless the joint airport zoning board
2.12 	determines that the municipal zoning regulations allow for an
2.13 	incompatible use.

2.14 	Sec. 4. Minnesota Statutes 2004, section 360.064,
2.15 	subdivision 1, is amended to read:
2.16 		Subdivision 1.Comprehensive regulations.  In the event
2.17 	that a municipality has adopted, or hereafter adopts, a
2.18 	comprehensive zoning ordinance regulating, among other things
2.19 	the height of buildings or development or construction in a
2.20 	development area, any airport zoning regulations applicable to
2.21 	the same area or portion thereof may be incorporated in and made
2.22 	a part of such comprehensive zoning regulations and be
2.23 	administered and enforced in connection therewith.

2.24 	Sec. 5. Minnesota Statutes 2004, section 360.065, is
2.25 	amended to read:
2.26 	360.065 AIRPORT ZONING; ADOPTION AND APPROVAL OF PROPOSED
2.27 	REGULATIONS.
2.28 		Subdivision 1.Notice of proposed zoning regulations,
2.29 	hearing. (a) No airport zoning regulations shall be adopted,
2.30 	amended, or changed under sections 360.011 to 360.076, except by
2.31 	action of the governing body of the municipality or county in
2.32 	question, or the boards provided for in section 360.063,
2.33 	subdivisions 3 and 7, or by the commissioner as provided in
2.34 	subdivisions 6 and 8, after public hearings, at which parties in
2.35 	interest and citizens shall have an opportunity to be heard.  A
2.36 	public hearing shall be held on the proposed regulations before
3.1 	they are submitted for approval to the commissioner and after
3.2 	that approval but before final adoption by the local zoning
3.3 	authority.  Notice of a hearing required pursuant to this
3.4 	subdivision shall be published by the local zoning authority at
3.5 	least three times during the period between 15 days and five
3.6 	days before the hearing in an official newspaper and in a second
3.7 	newspaper designated by that authority which has a wide general
3.8 	circulation in the area affected by the proposed regulations.
3.9 	The notice shall not be published in the legal notice section of
3.10 	a newspaper.  Notice of a hearing shall also be mailed to the
3.11 	governing body of each political subdivision in which property
3.12 	affected by the regulations is located.
3.13 	(b) In the case of a hearing on airport zoning regulations
3.14 	intended to prevent the creation or establishment of airport
3.15 	hazards,notice ~~shall~~ must be given by mail at least 15 days
3.16 	before each hearing to any persons in municipalities that own
3.17 	land proposed to be included in safety zone A or B as provided
3.18 	in the rules of the Department of Transportation and to persons
3.19 	or municipalities that have previously requested such notice
3.20 	from the authority. In the case of airport zoning regulations
3.21 	intended to prevent incompatible uses in development areas,
3.22 	notice must be given by mail at least 15 days before each
3.23 	hearing to any persons who own land in the proposed development
3.24 	area.
3.25 	(c) For the purpose of giving mailed notice, the authority
3.26 	may use any appropriate records to determine the names and
3.27 	addresses of owners.  A copy of the notice and a list of the
3.28 	owners and addresses to which the notice was sent shall be
3.29 	attested to by the responsible person and shall be made a part
3.30 	of the records of the proceedings.  The failure to give mailed
3.31 	notice to individual property owners, or defects in the notice,
3.32 	shall not invalidate the proceedings; provided a bona fide
3.33 	attempt to comply with this subdivision has been made.  A notice
3.34 	shall describe the property affected by the proposed regulations
3.35 	and the restrictions to be imposed on the property by the
3.36 	regulations and shall state the place and time at which the
4.1 	proposed regulations are available for public inspection.
4.2 		Subd. 2.Regulations submitted to commissioner. Prior to
4.3 	adopting zoning regulations for an airport hazard area or
4.4 	development area under sections 360.011 to 360.076, the
4.5 	municipality, county, or joint airport zoning board which is to
4.6 	adopt the regulations shall submit its proposed regulations to
4.7 	the commissioner in order that the commissioner may determine
4.8 	whether ~~it conforms~~ they conform to the standards prescribed by
4.9 	the commissioner.  The commissioner shall immediately examine
4.10 	the proposed regulations and report to the municipality, county,
4.11 	or joint airport zoning board the commissioner's approval, or
4.12 	objections, if any.  If objections are made by the commissioner
4.13 	on the ground that the regulations do not conform to the
4.14 	standards prescribed by the commissioner for the class of
4.15 	airport involved, the municipality, county, or joint zoning
4.16 	board shall make amendments as are necessary to meet the
4.17 	objections unless it demonstrates that the social and economic
4.18 	costs of restricting land uses in accordance with the standards
4.19 	outweigh the benefits of a strict application of the standards.
4.20 	The governing body of the municipality or county or the joint
4.21 	airport zoning board shall not adopt the regulations or take
4.22 	other action until the proposed regulations are approved by the
4.23 	commissioner.  The commissioner may approve local zoning
4.24 	ordinances that are more stringent than the standards.  A copy
4.25 	of the regulations as adopted shall be filed with the county
4.26 	recorder in each county in which the zoned area is located.
4.27 	Substantive rights existing prior to the passage of this
4.28 	subdivision and previously exercised are not affected by the
4.29 	filing of the regulations.

4.30 	Sec. 6. Minnesota Statutes 2004, section 360.066,
4.31 	subdivision 1, is amended to read:
4.32 		Subdivision 1.Reasonableness. (a) Standards of the
4.33 	commissioner defining airport hazard areas and the categories of
4.34 	uses permitted and airport zoning regulations adopted under
4.35 	sections 360.011 to 360.076, shall be reasonable, and none shall
4.36 	impose a requirement or restriction which is not reasonably
5.1 	necessary to effectuate the purposes of sections 360.011 to
5.2 	360.076.
5.3 	(b) In determining what minimum airport zoning regulations
5.4 	intended to regulate airport hazards may be adopted, the
5.5 	commissioner and a local airport zoning authority shall
5.6 	consider, among other things, the character of the flying
5.7 	operations expected to be conducted at the airport, the location
5.8 	of the airport, the nature of the terrain within the airport
5.9 	hazard area, the existing land uses and character of the
5.10 	neighborhood around the airport, the uses to which the property
5.11 	to be zoned are planned and adaptable, and the social and
5.12 	economic costs of restricting land uses versus the benefits
5.13 	derived from a strict application of the standards of the
5.14 	commissioner.
5.15 	(c) In determining airport zoning regulations intended to
5.16 	prevent the creation and establishment of incompatible uses in
5.17 	development areas, the commissioner and a local zoning authority
5.18 	shall consider, among other things, the present and future use
5.19 	of the airport, existing land use and character of neighborhoods
5.20 	within the development area, the uses to which the property to
5.21 	be zoned are planned and adaptable, and the social and economic
5.22 	costs of restricting land uses versus the benefits derived from
5.23 	a strict application of the standards of the commissioner.  In
5.24 	determining standards for noise, the commissioner shall apply
5.25 	the Guidelines for Community Noise published by the World Health
5.26 	Organization.

5.27 	Sec. 7. Minnesota Statutes 2004, section 360.066,
5.28 	subdivision 1a, is amended to read:
5.29 		Subd. 1a.Protection of existing neighborhood.  (a) In
5.30 	order to ensure the minimum disruption of existing land uses,
5.31 	particularly established residential neighborhoods in built-up
5.32 	urban areas, the airport zoning standards of the commissioner
5.33 	and the local airport zoning ordinances or regulations adopted
5.34 	under sections 360.061 to 360.074 shall distinguish between the
5.35 	creation or establishment of a use and the elimination of an
5.36 	existing use, and shall avoid the elimination, removal, or
6.1 	reclassification of existing uses to the extent consistent with
6.2 	reasonable standards of safety and with the present and future
6.3 	use of the airport.  The standards of the
6.4 	commissioner regulating airport hazards shall include criteria
6.5 	for determining when an existing land use may constitute an
6.6 	airport hazard so severe that considerations of public safety
6.7 	outweigh the public interest in preventing disruption to that
6.8 	land use.
6.9 	(b) No airport zoning standards or local airport zoning
6.10 	ordinances or regulations shall be adopted pursuant to sections
6.11 	360.061 to 360.074 that classify as a nonconforming use or
6.12 	require such classification with respect to any low-density
6.13 	residential structure or isolated low-density residential
6.14 	building lots existing on January 1, 1978 in an established
6.15 	residential neighborhood.
6.16 	(c) A local airport zoning authority may classify a land
6.17 	use described in paragraph (b) as an airport hazard if that
6.18 	authority finds that this classification is justified by
6.19 	considerations of public safety and is consistent with the
6.20 	airport zoning standards of the commissioner.  Any land use
6.21 	described in paragraph (b) which is classified as an airport
6.22 	hazard shall be acquired, altered, or removed at public expense.
6.23 	(d) The provisions of this subdivision shall not be
6.24 	construed to affect the classification of any land use under any
6.25 	zoning ordinances or regulations not adopted pursuant to
6.26 	sections 360.061 to 360.074.

6.27 	Sec. 8. Minnesota Statutes 2004, section 360.074, is
6.28 	amended to read:
6.29 	360.074 ACQUISITION OF AIR RIGHTS.
6.30 	In any case in which (1) it is desired to remove, lower, or
6.31 	otherwise terminate a nonconforming structure or use, or (2) the
6.32 	approach or development area protection necessary cannot,
6.33 	because of constitutional limitations, be provided by airport
6.34 	zoning regulations under sections 360.011 to 360.076, or (3) it
6.35 	appears advisable that the necessary approach or development
6.36 	area protection be provided by acquisition of property rights
7.1 	rather than by airport zoning regulations, the municipality
7.2 	within which the property or nonconforming use is located or the
7.3 	municipality owning the airport or served by it may proceed
7.4 	under section 360.032, subdivision 3, to acquire such easements
7.5 	through or other interest in air spaces over land or water,
7.6 	interests in airport hazards or other structures outside the
7.7 	boundaries of the airport, and such other airport protection
7.8 	privileges as are necessary to effectuate the purposes of
7.9 	sections 360.011 to 360.076.

7.10 	Sec. 9. EFFECTIVE DATE.
 7.11 	Sections 1 to 8 are effective July 1, 2006.