HOUSE OF REPRESENTATIVES	H.B. NO.	1052
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO THE AIRPORT ZONING ACT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 262-1, Hawaii Revised Statutes, is amended by amending the definition of "airport hazard" to read as follows:

     ""Airport hazard" means any structure [or], tree [which], object, or animal that obstructs the air space required for the flight of aircraft in landing or taking-off at an airport, or any use of land [which] that creates a dangerous condition, including the placement of strong lights [which], or reflective surfaces or materials, or both, that blind pilots during such operations[;], or the creation or expansion of landfills, composting or recycling facilities, fish farms or fish aggregating devices, waste water treatment facilities, development of wetland mitigation sites, development or expansion of dredge spoil containment areas, or other such uses or actions that may include potentially hazardous wildlife attractants."

     SECTION 2.  Section 262-3, Hawaii Revised Statutes, is amended to read as follows:

     "§262-3  Power to adopt airport zoning regulations.  To prevent the creation or establishment of airport hazards, the director of transportation may adopt, amend, repeal, administer, and enforce, under the police power and in the manner and upon the conditions prescribed in this chapter, airport zoning regulations for an airport hazard area in the State, which regulations may divide each area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures may be erected and trees allowed to grow, subject to section 262-6.  The airport hazard area shall extend five statute miles from the airport property boundary as depicted in the airport layout plan.  Airport hazard area maps shall be adopted by each county by May 31, 2022.  State and county agencies shall consult with and receive comment from the department prior to the issuance of land use or building permit approvals for applications filed for land, or any portion thereof, within five statute miles of the airport operating area when a proposed, land use or action may cause an airport hazard."

     SECTION 3.  Section 262-4, Hawaii Revised Statutes, is amended to read as follows:

     "§262-4  Relation to comprehensive zoning regulations.  In the event of conflict between any airport zoning regulations adopted under this chapter and any ordinances or other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whether other regulations were adopted by or under the authority of the State or by or under the authority of a county, the more stringent limitation or requirement shall govern and prevail.  County general plans, community plans, development plans, and or other appropriate long-range planning documents shall acknowledge and map airport hazard zone areas for state airports located within its county and in its text shall acknowledge the need for coordination with the department for the prevention of airport hazards in text."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Department of Transportation; Airport Hazard; Airport Zoning Act

 

Description:

Establishes a five-mile airport hazard area for prevention of potentially hazardous conditions that may be caused by certain land uses or actions.  Requires state and county agencies to coordinate land uses and permit approvals with the Hawaii Department of Transportation for land located in the airport hazard area.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.