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Regular Session, 2010 ENROLLED
SENATE BILL NO. 651
BY SENATOR HEBERT
AN ACT1
To amend and reenact R.S. 2:381, 385(A),and 802(A)(1) and to enact R.S. 2:802(A)(3),2
relative to aviation safety; to provide relative to airport zoning regulations; to3
provide relative to the adoption by certain political subdivisions of airport zoning4
regulations which comply with certain United States Department of Transportation,5
Federal Aviation Administration regulations; to provide relative to funding from the6
airport construction or development priority program; to provide terms and7
conditions; and to provide for 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 and10
R.S. 2:802(A)(3) is hereby enacted to 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
with any United States Department of Transportation, Federal Aviation18
Administration, advisory circular, order, regulation, safety guideline,19
recommendation, or other official document in order to ensure aviation safety20
ACT No. 800 SB NO. 651 ENROLLED
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and compatible land use.1
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§385. Permits; variances; obstruction marking and lighting3
A. Permits. Where advisable to facilitate the enforcement of zoning4
regulations adopted pursuant to this Chapter, If airport zoning regulations are5
adopted a system may shall be established by any parish or other political6
subdivision for the granting of permits to establish or construct new structures and7
other uses and to replace existing structures and other uses or make substantial8
changes therein or substantial repairs thereof. In any event, before any non-9
conforming structure or tree may be replaced, substantially altered or repaired,10
rebuilt, allowed to grow higher, or replanted, a permit shall be secured from the11
administrative agency authorized to administer and enforce the regulations,12
authorizing such replacement, change, or repair. No such permit shall be granted that13
would allow the structure or tree in question to be made higher or become a greater14
hazard to air navigation than it was when the applicable regulation was adopted; and15
whenever the administrative agency determines that a non-conforming structure or16
tree has been abandoned or more than eighty percent torn down, destroyed,17
deteriorated, or decayed: (1) no permit shall be granted that would allow said the18
structure or tree to exceed the applicable height limit or otherwise deviate from the19
zoning regulations; and (2) whether application is made for a permit under this20
paragraph or not, the said agency may by appropriate action compel the owner of the21
non-conforming structure or tree, at his own expense, to lower, remove, reconstruct,22
or equip such object as may be necessary to conform to the regulations or, if the23
owner of the non-conforming structure or tree shall neglect or refuse to comply with24
such order for ten days after notice thereof, the said agency may proceed to have the25
object so lowered, removed, reconstructed, or equipped and assess the cost and26
expense thereof upon the object or the land whereon it is or was located. Unless such27
an assessment is paid within ninety days from the service of notice thereof on the28
agent or owner of such object or land, the sum shall bear interest at the rate of ten29
percent per annum until paid, and shall be collected in the same manner as are30 SB NO. 651 ENROLLED
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general taxes. Except as indicated, all applications for permits for replacement,1
change or repair of non-conforming uses shall be granted.2
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§802. Methodology for airport project evaluation4
A.(1) Applications for funding of any airport construction or development5
project may be submitted by any airport authority, except as provided in R.S. 2:806,.6
However, to be eligible for state funding from the Airport Construction and7
Development Priority Program for an airport project, an airport authority8
located in a political subdivision which has adopted airport zoning regulations,9
shall certify to the Department of Transportation and Development that the10
political subdivision's regulations are in compliance with United States11
Department of Transportation, Federal Aviation Administration, advisory12
circulars, orders, regulations, safety guidelines, recommendations, or other13
official documents that have been issued for the purpose of ensuring aviation14
safety and compatible land use. and equal Equal consideration shall be given to15
rural aviation and commercial urban aviation. Applications shall be made to the16
Department of Transportation and Development by November first of each year,17
beginning in 1989, for consideration of funding in the following fiscal year, except18
for the projects already on the priority list for 1989-90, which will be funded in the19
current year. Applications submitted in accordance with the provisions of this20
Chapter shall not be subject to the provisions of R.S. 39: 61 and 62 104, 111, 114,21
and 121. Information to be provided in the application shall include but not be22
limited to the following:23
(a) Description of the project and demonstration of immediate need for the24
project.25
(b) Preliminary project design and cost estimate.26
(c) Description of project area.27
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(3) Projects being funded on the effective date of this Paragraph and29
projects on the proposed Airport Priority Program for FY 2010-2011 on the30 SB NO. 651 ENROLLED
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effective date of this Paragraph are exempt from the requirements of this1
Subsection.2
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PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: