Government Military and Veterans Affairs

Airport zoning changes advanced

Senators advanced a bill from general file April 24 that would change provisions of the Airport Zoning Act.

Political subdivisions that have established development plans and zoning regulations currently are required to adopt airport zoning regulations if they have an airport hazard in their zoning jurisdiction.

Under LB140, introduced by Omaha Sen. Bob Krist, the authority of a political subdivision to adopt airport zoning regulations would not be conditional upon a prior comprehensive development plan or a zoning ordinance.

Among other zoning provisions, the bill would establish Airport Zoning Board of Adjustment appeal procedures and would update and add definitions.

Such regulations have not been changed since 1945, Krist said, so the bill would bring the airport zoning regulations up-to-date and into compliance with the Federal Aviation Administration (FAA) guidelines.

A Government, Military and Veterans Affairs Committee amendment, adopted 25-0, would require the board to allow a reasonable time for the appeals hearing, give due notice to the interested parties and determine the appeal within 60 days after it is filed.

The amendment would make a series of other changes to the zoning regulations and redefine airport hazard to include “any structure, tree or use of land that penetrates any approach, operation, transition or turning zone.”

Omaha Sen. Scott Lautenbaugh supported the bill, saying that many small airports are located throughout the state and need updated regulations consistent with FAA guidelines to continue operating.

“It is an important piece of legislation for rural Nebraska,” he said.

Columbus Sen. Paul Schumacher disagreed, saying that most of the airport facilities already are compliant and can be accessed without changing the zoning provisions.

“This is unneeded regulation in the bulk of the smaller airports,” he said. “I do not support this bill and this grab at regulation that is not necessary.”

The bill was advanced to select file on a 28-1 vote.

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