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Regular Session, 2010
SENATE BILL NO. 651
BY SENATOR HEBERT
AIRCRAFT/AVIATION. Provides relative to the adoption of airport zoning regulations
ensuring compatible land use and aviation safety. (8/15/10)
AN ACT1
To amend and reenact R.S. 2:381, 385(A),and 802(A)(1), relative to aviation safety; to2
provide relative to airport zoning regulations; to provide relative to the adoption by3
certain political subdivisions of airport zoning regulations which comply with certain4
United States Department of Transportation, Federal Aviation Administration5
regulations; to provide relative to funding from the airport construction or6
development priority program; to provide terms and conditions; and to provide for7
related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 2:381, 385(A), and 802(A)(1) are hereby amended and reenacted to10
read as follows:11
§381. Authority of municipalities and parishes12
For promoting safety or the general welfare of the community the governing13
body of all incorporated cities, towns and villages and of the parishes may14
promulgate, administer, and enforce airport zoning regulations limiting the height15
of structures and objects of natural growth and otherwise regulate the use of property16
in the vicinity of airports and landing fields. Any regulations adopted shall comply17 SB NO. 651
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with any United States Department of Transportation, Federal Aviation1
Administration advisory circular, order, regulation, safety guideline,2
recommendation, or other official document in order to ensure aviation safety3
and compatible land use.4
* * *5
§385. Permits; variances; obstruction marking and lighting6
A. Permits. Where advisable to facilitate the enforcement of zoning7
regulations adopted pursuant to this Chapter, If airport zoning regulations are8
adopted a system may shall be established by any parish or other political9
subdivision for the granting of permits to establish or construct new structures and10
other uses and to replace existing structures and other uses or make substantial11
changes therein or substantial repairs thereof. In any event, before any non-12
conforming structure or tree may be replaced, substantially altered or repaired,13
rebuilt, allowed to grow higher, or replanted, a permit shall be secured from the14
administrative agency authorized to administer and enforce the regulations,15
authorizing such replacement, change, or repair. No such permit shall be granted that16
would allow the structure or tree in question to be made higher or become a greater17
hazard to air navigation than it was when the applicable regulation was adopted; and18
whenever the administrative agency determines that a non-conforming structure or19
tree has been abandoned or more than eighty percent torn down, destroyed,20
deteriorated, or decayed: (1) no permit shall be granted that would allow said21
structure or tree to exceed the applicable height limit or otherwise deviate from the22
zoning regulations; and (2) whether application is made for a permit under this23
paragraph or not, the said agency may by appropriate action compel the owner of the24
non-conforming structure or tree, at his own expense, to lower, remove, reconstruct,25
or equip such object as may be necessary to conform to the regulations or, if the26
owner of the non-conforming structure or tree shall neglect or refuse to comply with27
such order for ten days after notice thereof, the said agency may proceed to have the28
object so lowered, removed, reconstructed, or equipped and assess the cost and29 SB NO. 651
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expense thereof upon the object or the land whereon it is or was located. Unless such1
an assessment is paid within ninety days from the service of notice thereof on the2
agent or owner of such object or land, the sum shall bear interest at the rate of ten3
percent per annum until paid, and shall be collected in the same manner as are4
general taxes. Except as indicated, all applications for permits for replacement,5
change or repair of non-conforming uses shall be granted.6
* * *7
§802. Methodology for airport project evaluation8
A.(1) Applications for funding of any airport construction or development9
project may be submitted by any airport authority, except as provided in R.S. 2:806,.10
However, an airport authority located in a political subdivision which has11
adopted airport zoning regulations shall not be eligible to apply for funding12
from the airport construction or development program if the political13
subdivision's regulations are not in compliance with U. S. Department of14
Transportation, Federal Aviation Administration, advisory circulars, orders,15
regulations, safety guidelines, recommendations, and other official documents16
for the purpose of ensuring aviation safety and compatible land use. and equal17
Equal consideration shall be given to rural aviation and commercial urban aviation.18
Applications shall be made to the Department of Transportation and Development19
by November first of each year, beginning in 1989, for consideration of funding in20
the following fiscal year, except for the projects already on the priority list for 1989-21
90, which will be funded in the current year. Applications submitted in accordance22
with the provisions of this Chapter shall not be subject to the provisions of R.S.23
39:61 and 62. Information to be provided in the application shall include but not be24
limited to the following:25
(a) Description of the project and demonstration of immediate need for the26
project.27
(b) Preliminary project design and cost estimate.28
(c) Description of project area.29 SB NO. 651
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* * *1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy R. Wells.
DIGEST
Present law authorizes the governing body of all incorporated cities, towns, villages,
parishes, or other political subdivisions to promulgate, administer, and enforce airport
zoning regulations limiting the height of structures and objects of natural growth and
otherwise regulate the use of property in the vicinity of airports and landing fields.
Proposed law provides that if the governing body does adopt airport zoning regulations such
regulations are required to comply with any U. S. Department of Transportation, Federal
Aviation Administration (FAA) advisory circular, order, regulation, safety guideline,
recommendation, or other official document in order to ensure aviation safety and
compatible land use.
Present law authorizes a parish or other political subdivision to establish a permitting process
to establish or construct new structures and other uses and to replace existing structures and
other uses or make substantial changes therein or substantial repairs thereof in order to
facilitate the enforcement of zoning regulations. Further requires a permit to be secured
from the administrative agency authorized to administer and enforce the regulations,
authorizing such replacement, change, or repair before any nonconforming structure or tree
may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or
replanted.
Present law prohibits a permit to be issued that would allow any nonconforming structure
or tree to grow higher, or becoming a greater hazard to air navigation.
Proposed law retains present law but requires the establishment of a permitting process.
Present law authorizes any airport authority to submit applications for funding from the
DOTD airport construction and development priority program for any airport construction
or development project.
Proposed law provides that if a governing body for an airport authority has adopted airport
zoning ordinances, such regulations are required to comply with any U. S. Department of
Transportation advisory circular, order, regulation, safety guideline, recommendation, or
other official document in order to ensure aviation safety and compatible land use, to apply
for such funding.
Effective August 15, 2010.
(Amends R.S. 2:381, 385(A), and 802(A)(1))