TEXAS AIRPORT ZONING ACT - Texas A&M University · 2017. 1. 4. · Texas Aviation Conference April 16, 2015 TEXAS AIRPORT ZONING ACT . Chapter 241, Local Government Code . April 16,

Texas Aviation Conference April 16, 2015

TEXAS AIRPORT ZONING ACT Chapter 241, Local Government Code

April 16, 2015


Why Regulate Areas Around the Airport?

For the safety of the users of the airport as well as persons and property on the ground Because You Can! Allowed by State Law –

–Texas Airport Zoning Act • Local Government Code Title 7, Chapter 241

Because TxDOT says so……$$$ – 43 TAC 30, Aviation Facilities Development and Financial

Assistance Rules – Section 30.210(d) (13) – Federal Grant Assurance

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When should Airport Zoning Regulations be Updated?

Before non-compatible development around the airport “land-locks” the

airport

Changes in City’s comprehensive zoning

Change in Runway design standard – From Utility to Other than Utility

Improved Approach Visibility Minimums – NPI to PIA

Change in RW length

– Zoned length not adequate

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§ 241.003. Definitions (don’t you love slides like this!)

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Concept Definition

(2) Airport Hazard

"Airport hazard" means a structure or object of natural growth that obstructs the air space required for the taking off, landing, and flight of aircraft or that interferes with visual, radar, radio, or other systems for tracking, acquiring data relating to, monitoring, or controlling aircraft.

(4) Airport Zoning Regulation

"Airport zoning regulation" means an airport hazard area zoning regulation and an airport compatible land use zoning regulation adopted under this chapter.

(6) Compatible Land Use

"Compatible land use" means a use of land adjacent to an airport that does not endanger the health, safety, or welfare of the owners, occupants, or users of the land because of levels of noise or vibrations or the risk of personal injury or property damage created by the operations of the airport, including the taking off and landing of aircraft.

(7) Controlled compatible land use area

"Controlled compatible land use area" means an area of land located outside airport boundaries and within a rectangle bounded by lines located no farther than 1-1/2 statute miles from the centerline of an instrument or primary runway and lines located no farther than five statute miles from each end of the paved surface of an instrument or primary runway.

Airport Zoning Comes in Two Flavors


(a) To prevent the creation of an airport hazard, a political subdivision in

which an airport hazard area is located may adopt, administer, and enforce, under its police power, airport hazard area zoning regulations for the airport hazard area.

(b) The airport hazard area zoning regulations may divide an airport hazard area into zones and for each zone: – (1) specify the land uses permitted; – (2) regulate the type of structures; and – (3) restrict the height of structures and objects of natural growth to

prevent the creation of an obstruction to flight operations or air navigation.

§ 241.011 Airport Hazard Area Zoning Regulations

Flavor No. 1

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Texas Aviation Conference April 16, 2015 6

Water Tower Runway

Airport Hazards

High Power Transmission Lines

Tower (1020 agl)

Tower Tall Trees)


(a) A political subdivision may adopt, administer, and enforce, under its

police power, airport compatible land use zoning regulations for the part of a controlled compatible land use area located within the political subdivision if the airport is: – (1) used in the interest of the public to the benefit of the political

subdivision; or – (2) located within the political subdivision and owned or operated by a

federal defense agency or by the state.

(b) The political subdivision by ordinance or resolution may implement, in connection with airport compatible land use zoning regulations, any federal law or rules controlling the use of land located adjacent to or in the immediate vicinity of the airport.

(c) The airport compatible land use zoning regulations must include a statement that the airport fulfills an essential community purpose.

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§ 241.012 Airport Compatible Land Use Zoning Regulations

Flavor No. 2


Hmm, that’s odd (which way do we go?)

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A Difficult Decision by the JAZB Agreeing to which political subdivision will administer and enforce the regulations is

not always easy, and can be contentious.

“Unilateral Zoning”

(a) A political subdivision with a population of more than 45,000 ....may adopt, administer, and enforce:

(1) airport hazard area zoning regulations related to the airport and located outside the political subdivision; and

(2) airport compatible land use zoning regulations…. located outside the political subdivision.

“JAZB “ (we say Jazz Bo)

(a) A political subdivision ….. may create a joint airport zoning board with another political subdivision in which an airport hazard area or a controlled compatible land use area relating to the airport is located.

(b) The joint airport zoning board has the same power ……….as that given a political subdivision…….

“Who will Enforce the Regulations?”

(a) Airport zoning regulations must provide for the administration and enforcement of the regulations by an administrative agency. The administrative agency may be:

(1) an agency created by the regulations;

(2) an existing official, board, or agency of the political subdivision adopting the regulations; or

(3) an existing official, board, or other agency of a political subdivision that participated in the creation of a joint airport zoning board

§ 241.013. Extraterritorial Zoning § 241.014. Joint Airport Zoning Board § 241.031. Administrative Agency


Airport Hazard Zones

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Conical Surface (20:1) Extends out 4000’ and up 200’

from horizontal surface

Approach Surface (20:1 for 5,000’)

(34:1 for 10,000’)

(50:1 for 10,000’; then 40:1 for 40,000’)

Horizontal Surface 150’ above airport elevation

Primary Surface Extends 200’ beyond each RW end Width varies (250’, 500’, 1,000’)

Transitional Surface Slopes 7:1 from Primary Surface to Horizontal Surface





What is Airport Compatible Land Use?

Airport compatible land uses are defined as those uses that can coexist with a nearby airport without: • either constraining the safe and efficient operation of the airport, or

• exposing people living or working nearby to unacceptable levels of noise or

hazards.

Pretty Vague Right?

Land uses typically considered to be compatible with airport operations include commercial, industrial, and some agricultural activities.


Airport Compatible Land Use Zones


Airport Compatible Land Use Zones


Let’s Look at Some Airports Lacking Airport Compatible Land Use Zoning






TxDOT Homepage – Aviation Division (www.txdot.gov)

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http://www.txdot.gov

http://www.txdot.state.tx.us/


TxDOT’s Aviation Division

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Airports – Rules and Standards

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Airport Compatibility Guidelines

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Airport Compatibility Guidelines

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Contact Your Assigned TxDOT Airport Planner first!

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Daniel Benson, AICP

TxDOT Aviation Planning and Programming

800 - 687 – 4568

512 – 416 - 4536

TEXAS AIRPORT ZONING ACT - Texas A&M University · 2017. 1. 4. · Texas Aviation Conference April 16, 2015 TEXAS AIRPORT ZONING ACT . Chapter 241, Local Government Code . April 16,

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