Vermont 2025-2026 Regular Session

Vermont Senate Bill S0134 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED S.134
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6	6	S.134 1
7	7	Introduced by Senators Hardy and Chittenden 2
8	8	Referred to Committee on 3
9	9	Date: 4
10	10	Subject: Municipal and county government; aeronautics; land use; municipal 5
11	11	zoning; Act 250; Agency of Transportation; Aviation Advisory 6
12	12	Council; air space navigation 7
13	13	Statement of purpose of bill as introduced: This bill proposes to clarify the 8
14	14	municipal authority over restricted landing areas through zoning, to create the 9
15	15	Aviation Advisory Council, and to require the Agency of Transportation to 10
16	16	collect and make available to the public certain data regarding aircraft 11
17	17	operations at State-owned air navigation facilities. 12
18	18	An act relating to municipal regulation of private airstrips 13
19	19	It is hereby enacted by the General Assembly of the State of Vermont: 14
20	20	Sec. 1. 24 V.S.A. § 4411 is amended to read: 15
21	21	§ 4411. ZONING BYLAWS 16
22	22	(a) A municipality may regulate land development in conformance with its 17
23	23	adopted municipal plan and for the purposes set forth in section 4302 of this 18
24	24	title to govern the use of land and the placement, spacing, and size of structures 19
25	25	and other factors specified in the bylaws related to public health, safety, or 20 BILL AS INTRODUCED S.134
26	26	2025 Page 2 of 8
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28	28
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30	30	welfare. Zoning bylaws may permit, prohibit, restrict, regulate, and determine 1
31	31	land development, including the following: 2
32	32	(1) specific uses of land and shoreland facilities; 3
33	33	(2) dimensions, location, erection, construction, repair, maintenance, 4
34	34	alteration, razing, removal, and use of structures; 5
35	35	(3) areas and dimensions of land to be occupied by uses and structures, 6
36	36	as well as areas, courts, yards, and other open spaces and distances to be left 7
37	37	unoccupied by uses and structures; 8
38	38	(4) timing or sequence of growth, density of population, and intensity of 9
39	39	use; 10
40	40	(5) uses within a river corridor and buffer, as those terms are defined in 11
41	41	10 V.S.A. §§ 1422 and 1427; and 12
42	42	(6) location, construction, repair, maintenance, and alteration of 13
43	43	restricted landing areas as defined in 5 V.S.A. § 202. 14
44	44	* * * 15
45	45	Sec. 2. 10 V.S.A. § 6001 is amended to read: 16
46	46	§ 6001. DEFINITIONS 17
47	47	As used in this chapter: 18
48	48	* * * 19
49	49	(3)(A) “Development” means each of the following: 20
50	50	* * * 21 BILL AS INTRODUCED S.134
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55	55	(xiv) The construction of improvements for or operation of a 1
56	56	restricted landing area as defined in 5 V.S.A. § 202. 2
57	57	* * * 3
58	58	Sec. 3. 5 V.S.A. § 205a is added to read: 4
59	59	§ 205a. AVIATION ADVISORY COUNCIL 5
60	60	(a) Creation and purpose. 6
61	61	(1) There is created the Aviation Advisory Council to act as a forum to 7
62	62	discuss and recommend: 8
63	63	(A) Aviation policy that is in the best interests of the residents of 9
64	64	Vermont. 10
65	65	(B) State-owned air navigation facilities use or infrastructure changes 11
66	66	to ensure efficient use of public resources and access to members of the public. 12
67	67	(C) Air navigation facilities use or infrastructure changes to ensure 13
68	68	minimal impact on neighborhoods and natural resources surrounding air 14
69	69	navigation facilities. 15
70	70	(D) State-owned air navigation facility use fees and hangar rental 16
71	71	rates that support the maintenance and operation of State-owned air navigation 17
72	72	facilities. 18
73	73	(E) Practices to reduce the environmental and public health and 19
74	74	safety impacts of air traffic and airport operations and infrastructure. 20 BILL AS INTRODUCED S.134
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79	79	(F) Means to support a responsible and healthy aviation community 1
80	80	and industry in Vermont, including protocols to ensure that State-owned air 2
81	81	navigation facilities are available for emergency response and preparedness. 3
82	82	(G) Public safety standards and policies for reducing the impact and 4
83	83	proliferation of private restricted landing areas. 5
84	84	(H) Policies to monitor, prevent, and deter aerial harassment. As 6
85	85	used in this section, “aerial harassment” means using an aircraft to harass 7
86	86	someone by buzzing, flying low, or circling them or their property with the 8
87	87	intent of intimidating or creating distress. 9
88	88	(2) The Council shall encourage and facilitate open communication 10
89	89	between aviators, air navigation facility users, State and local officials, and 11
90	90	members of the public and shall seek to balance the priorities of aviators with 12
91	91	the health and well-being of the general public. 13
92	92	(b) Membership. The Council shall be composed of the following: 14
93	93	(1) the Secretary of Transportation or designee, who shall serve as chair; 15
94	94	(2) the Adjutant General of the Vermont National Guard or designee; 16
95	95	(3) one member representing the aviation industry, appointed by the 17
96	96	Governor; 18
97	97	(4) two members, appointed by the Vermont Association of Planning 19
98	98	and Development Agencies, who shall be members of different regional 20
99	99	planning commissions; 21 BILL AS INTRODUCED S.134
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104	104	(5) two members representing independent pilots, appointed by the 1
105	105	Vermont Aviators Association; 2
106	106	(6) one member from a community or neighborhood association 3
107	107	representing the interests and concerns of a community or neighborhood 4
108	108	adjacent to a State-owned air navigation facility, appointed by the Speaker of 5
109	109	the House; 6
110	110	(7) one member from a community or neighborhood association 7
111	111	representing the interests and concerns of a community or neighborhood 8
112	112	adjacent to a municipal-owned air navigation facility, appointed by the 9
113	113	Committee on Committees; 10
114	114	(8) one member with expertise on the environmental impacts of aviation 11
115	115	who shall not be a member of the aviation industry or Vermont Aviators 12
116	116	Association, appointed by the Speaker of the House; and 13
117	117	(9) one member with expertise on the public health impacts of aviation 14
118	118	who shall not be a member of the aviation industry or Vermont Aviators 15
119	119	Association, appointed by the Committee on Committees. 16
120	120	(c) Assistance. The Council shall have the administrative, technical, and 17
121	121	legal assistance of the Agency of Transportation. 18
122	122	(d) Compensation and reimbursement; annual meetings. Members of the 19
123	123	Council who are not employees of the State of Vermont and who are not 20
124	124	otherwise compensated or reimbursed for their attendance shall be entitled to 21 BILL AS INTRODUCED S.134
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129	129	per diem compensation and reimbursement of expenses as permitted under 1
130	130	32 V.S.A. § 1010 for not more than four meetings per year. 2
131	131	(e) Terms. The terms of the members of the Council, other than the terms 3
132	132	of the Secretary of Transportation and the Adjutant General of the Vermont 4
133	133	National Guard, shall be as follows: 5
134	134	(1) initially, members appointed pursuant to subdivisions (b)(3), (7), and 6
135	135	(8) of this section; one member appointed pursuant to subdivision (b)(4) of this 7
136	136	section; and one member appointed pursuant to subdivision (b)(5) of this 8
137	137	section for one year; 9
138	138	(2) initially, members appointed pursuant to subdivisions (b)(6) and (9) 10
139	139	of this section; one member appointed pursuant to subdivision (b)(4) of this 11
140	140	section; and one member appointed pursuant to subdivision (b)(5) of this 12
141	141	section for two years; and 13
142	142	(3) all subsequent appointments except those to the unexpired term of a 14
143	143	former member shall be for a period of two years. 15
144	144	Sec. 4. 5 V.S.A. § 810 is added to read: 16
145	145	§ 810. STATE AIR NAVIGATION FACILITIES; DATA TRACKING 17
146	146	(a) The Agency shall track the date; time; aircraft category or class, as 18
147	147	those are defined in 14 C.F.R. § 1.1, as amended; elevation of aircraft; and 19
148	148	takeoff or landing for every aircraft operation, as defined in 14 C.F.R. § 170.3, 20
149	149	as amended, at a State-owned air navigation facility. 21 BILL AS INTRODUCED S.134
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154	154	(b)(1) The Agency shall maintain a web-accessible and web-searchable 1
155	155	data source dedicated to flight data at State-owned air navigation facilities that 2
156	156	shall include the data required to be tracked under subsection (a) of this 3
157	157	section. 4
158	158	(2) The web-accessible and web-searchable data source required under 5
159	159	this subsection shall: 6
160	160	(A) be updated on at least a quarterly basis; 7
161	161	(B) be provided to the municipality where the State-owned air 8
162	162	navigation facility is located on at least a quarterly basis to be maintained at 9
163	163	the municipality’s municipal offices and posted on the municipality’s website, 10
164	164	if a website is maintained; and 11
165	165	(C) include how the data was recorded. 12
166	166	Sec. 5. DATA TRACKING TECHNOLOGY; APPROPRIATION; 13
167	167	IMPLEMENTATION 14
168	168	(a) The sum of $100,000.00 is appropriated from the Transportation 15
169	169	Fund to the Agency of Transportation in fiscal year 2026 for the purpose of 16
170	170	acquiring the technology necessary to perform the data tracking required under 17
171	171	5 V.S.A. § 810, as added by Sec. 4 of this act. Prior to using the funds 18
172	172	appropriated under this section, the Agency shall consult with the Federal 19
173	173	Aviation Administration on whether acquiring the technology necessary to 20
174	174	perform the data tracking required under 5 V.S.A. § 810, as added by Sec. 4 of 21 BILL AS INTRODUCED S.134
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179	179	this act, is eligible for Federal Aviation Administration grant funds and shall 1
180	180	apply for federal grant funds as applicable. 2
181	181	(b) The sum of $91,000.00 is appropriated from the Transportation Fund 3
182	182	to the Agency of Transportation in fiscal year 2026 for the establishment of the 4
183	183	following new permanent full-time classified position: one Airport Data 5
184	184	Technician. 6
185	185	(c) The Agency of Transportation shall commence tracking data as 7
186	186	required under 5 V.S.A. § 810, as added by Sec. 4 of this act, not later than 8
187	187	January 1, 2026. 9
188	188	Sec. 6. EFFECTIVE DATE 10
189	189	This act shall take effect on July 1, 2025. 11