SB 265

Under current law, any county or city, village, or town (municipality) in this

state may own and operate airports or airport facilities, such as landing fields or

take-off strips, or spaceports or spaceport facilities (collectively "airports"), either

within or outside the limits of the county or municipality. A county or municipality

in this state may also own and operate airports in an adjoining state the laws of which

permit reciprocal privileges. A county, municipality, or other political subdivision in

an adjoining state may own and operate airports in this state if the laws of the

adjoining state permit reciprocal privileges. If a county, municipality, or other

political subdivision in an adjoining state owns and operates an airport in this state,

this state's laws apply with respect to the airport (except laws relating to financing

the project), and the county, municipality, or other political subdivision in the

adjoining state has all privileges, rights, and duties that would apply to a county or

municipality in this state, including the right of eminent domain.

Also under current law, a county or municipality that owns an airport may

protect the aerial approaches to the airport by adopting an ordinance regulating,

restricting, and determining the use, location, height, number of stories, and size of

buildings and structures and objects of natural growth in the vicinity of the airport

(within three miles of an airport or five miles of a spaceport). An ordinance adopted

under this authority is effective whether the airport and lands affected by the

ordinance are located within or outside the limits of the county or municipality. The

ordinance may be adopted, enforced, and administered without the consent of any

other local governing body.

This bill specifies that a county, municipality, or other political subdivision in

an adjoining state that owns and operates an airport in this state does not have

authority to enact an aerial approach ordinance regulating, restricting, and

determining the use, location, height, number of stories, and size of buildings and

structures and objects of natural growth in the vicinity of the airport.