BILL AS INTRODUCED S.134
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S.134 1
Introduced by Senators Hardy and Chittenden 2
Referred to Committee on 3
Date: 4
Subject: Municipal and county government; aeronautics; land use; municipal 5
zoning; Act 250; Agency of Transportation; Aviation Advisory 6
Council; air space navigation 7
Statement of purpose of bill as introduced: This bill proposes to clarify the 8
municipal authority over restricted landing areas through zoning, to create the 9
Aviation Advisory Council, and to require the Agency of Transportation to 10
collect and make available to the public certain data regarding aircraft 11
operations at State-owned air navigation facilities. 12
An act relating to municipal regulation of private airstrips 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. 24 V.S.A. § 4411 is amended to read: 15
§ 4411. ZONING BYLAWS 16
(a) A municipality may regulate land development in conformance with its 17
adopted municipal plan and for the purposes set forth in section 4302 of this 18
title to govern the use of land and the placement, spacing, and size of structures 19
and other factors specified in the bylaws related to public health, safety, or 20 BILL AS INTRODUCED S.134
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welfare. Zoning bylaws may permit, prohibit, restrict, regulate, and determine 1
land development, including the following: 2
(1) specific uses of land and shoreland facilities; 3
(2) dimensions, location, erection, construction, repair, maintenance, 4
alteration, razing, removal, and use of structures; 5
(3) areas and dimensions of land to be occupied by uses and structures, 6
as well as areas, courts, yards, and other open spaces and distances to be left 7
unoccupied by uses and structures; 8
(4) timing or sequence of growth, density of population, and intensity of 9
use; 10
(5) uses within a river corridor and buffer, as those terms are defined in 11
10 V.S.A. §§ 1422 and 1427; and 12
(6) location, construction, repair, maintenance, and alteration of 13
restricted landing areas as defined in 5 V.S.A. § 202. 14
* * * 15
Sec. 2. 10 V.S.A. § 6001 is amended to read: 16
§ 6001. DEFINITIONS 17
As used in this chapter: 18
* * * 19
(3)(A) “Development” means each of the following: 20
* * * 21 BILL AS INTRODUCED S.134
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(xiv) The construction of improvements for or operation of a 1
restricted landing area as defined in 5 V.S.A. § 202. 2
* * * 3
Sec. 3. 5 V.S.A. § 205a is added to read: 4
§ 205a. AVIATION ADVISORY COUNCIL 5
(a) Creation and purpose. 6
(1) There is created the Aviation Advisory Council to act as a forum to 7
discuss and recommend: 8
(A) Aviation policy that is in the best interests of the residents of 9
Vermont. 10
(B) State-owned air navigation facilities use or infrastructure changes 11
to ensure efficient use of public resources and access to members of the public. 12
(C) Air navigation facilities use or infrastructure changes to ensure 13
minimal impact on neighborhoods and natural resources surrounding air 14
navigation facilities. 15
(D) State-owned air navigation facility use fees and hangar rental 16
rates that support the maintenance and operation of State-owned air navigation 17
facilities. 18
(E) Practices to reduce the environmental and public health and 19
safety impacts of air traffic and airport operations and infrastructure. 20 BILL AS INTRODUCED S.134
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(F) Means to support a responsible and healthy aviation community 1
and industry in Vermont, including protocols to ensure that State-owned air 2
navigation facilities are available for emergency response and preparedness. 3
(G) Public safety standards and policies for reducing the impact and 4
proliferation of private restricted landing areas. 5
(H) Policies to monitor, prevent, and deter aerial harassment. As 6
used in this section, “aerial harassment” means using an aircraft to harass 7
someone by buzzing, flying low, or circling them or their property with the 8
intent of intimidating or creating distress. 9
(2) The Council shall encourage and facilitate open communication 10
between aviators, air navigation facility users, State and local officials, and 11
members of the public and shall seek to balance the priorities of aviators with 12
the health and well-being of the general public. 13
(b) Membership. The Council shall be composed of the following: 14
(1) the Secretary of Transportation or designee, who shall serve as chair; 15
(2) the Adjutant General of the Vermont National Guard or designee; 16
(3) one member representing the aviation industry, appointed by the 17
Governor; 18
(4) two members, appointed by the Vermont Association of Planning 19
and Development Agencies, who shall be members of different regional 20
planning commissions; 21 BILL AS INTRODUCED S.134
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(5) two members representing independent pilots, appointed by the 1
Vermont Aviators Association; 2
(6) one member from a community or neighborhood association 3
representing the interests and concerns of a community or neighborhood 4
adjacent to a State-owned air navigation facility, appointed by the Speaker of 5
the House; 6
(7) one member from a community or neighborhood association 7
representing the interests and concerns of a community or neighborhood 8
adjacent to a municipal-owned air navigation facility, appointed by the 9
Committee on Committees; 10
(8) one member with expertise on the environmental impacts of aviation 11
who shall not be a member of the aviation industry or Vermont Aviators 12
Association, appointed by the Speaker of the House; and 13
(9) one member with expertise on the public health impacts of aviation 14
who shall not be a member of the aviation industry or Vermont Aviators 15
Association, appointed by the Committee on Committees. 16
(c) Assistance. The Council shall have the administrative, technical, and 17
legal assistance of the Agency of Transportation. 18
(d) Compensation and reimbursement; annual meetings. Members of the 19
Council who are not employees of the State of Vermont and who are not 20
otherwise compensated or reimbursed for their attendance shall be entitled to 21 BILL AS INTRODUCED S.134
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per diem compensation and reimbursement of expenses as permitted under 1
32 V.S.A. § 1010 for not more than four meetings per year. 2
(e) Terms. The terms of the members of the Council, other than the terms 3
of the Secretary of Transportation and the Adjutant General of the Vermont 4
National Guard, shall be as follows: 5
(1) initially, members appointed pursuant to subdivisions (b)(3), (7), and 6
(8) of this section; one member appointed pursuant to subdivision (b)(4) of this 7
section; and one member appointed pursuant to subdivision (b)(5) of this 8
section for one year; 9
(2) initially, members appointed pursuant to subdivisions (b)(6) and (9) 10
of this section; one member appointed pursuant to subdivision (b)(4) of this 11
section; and one member appointed pursuant to subdivision (b)(5) of this 12
section for two years; and 13
(3) all subsequent appointments except those to the unexpired term of a 14
former member shall be for a period of two years. 15
Sec. 4. 5 V.S.A. § 810 is added to read: 16
§ 810. STATE AIR NAVIGATION FACILITIES; DATA TRACKING 17
(a) The Agency shall track the date; time; aircraft category or class, as 18
those are defined in 14 C.F.R. § 1.1, as amended; elevation of aircraft; and 19
takeoff or landing for every aircraft operation, as defined in 14 C.F.R. § 170.3, 20
as amended, at a State-owned air navigation facility. 21 BILL AS INTRODUCED S.134
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(b)(1) The Agency shall maintain a web-accessible and web-searchable 1
data source dedicated to flight data at State-owned air navigation facilities that 2
shall include the data required to be tracked under subsection (a) of this 3
section. 4
(2) The web-accessible and web-searchable data source required under 5
this subsection shall: 6
(A) be updated on at least a quarterly basis; 7
(B) be provided to the municipality where the State-owned air 8
navigation facility is located on at least a quarterly basis to be maintained at 9
the municipality’s municipal offices and posted on the municipality’s website, 10
if a website is maintained; and 11
(C) include how the data was recorded. 12
Sec. 5. DATA TRACKING TECHNOLOGY; APPROPRIATION; 13
IMPLEMENTATION 14
(a) The sum of $100,000.00 is appropriated from the Transportation 15
Fund to the Agency of Transportation in fiscal year 2026 for the purpose of 16
acquiring the technology necessary to perform the data tracking required under 17
5 V.S.A. § 810, as added by Sec. 4 of this act. Prior to using the funds 18
appropriated under this section, the Agency shall consult with the Federal 19
Aviation Administration on whether acquiring the technology necessary to 20
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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this act, is eligible for Federal Aviation Administration grant funds and shall 1
apply for federal grant funds as applicable. 2
(b) The sum of $91,000.00 is appropriated from the Transportation Fund 3
to the Agency of Transportation in fiscal year 2026 for the establishment of the 4
following new permanent full-time classified position: one Airport Data 5
Technician. 6
(c) The Agency of Transportation shall commence tracking data as 7
required under 5 V.S.A. § 810, as added by Sec. 4 of this act, not later than 8
January 1, 2026. 9
Sec. 6. EFFECTIVE DATE 10
This act shall take effect on July 1, 2025. 11