North Dakota Statewide Rule
North Dakota Airport Zoning Act: Aircraft Hazard Areas
Key Facts
- Statute
- N.D.C.C. ch. 2-04
- Short title
- Airport Zoning Act
- Penalty
- Class B misdemeanor
- Covers
- Structures, trees obstructing airspace
- Aircraft noise
- Federally regulated (FAA)
Summary
North Dakota's Airport Zoning Act (N.D.C.C. ch. 2-04) lets counties, cities, park districts, and townships zone airport hazard areas to stop structures and trees from obstructing flight paths. Direct aircraft-noise limits come from the FAA, not the state.
It is hereby declared that: 1. The creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; 2. It is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented... Each violation of this chapter or of any regulations, orders, or rulings promulgated or made pursuant to this chapter, constitutes a class B misdemeanor.
Full Breakdown
Under N.D.C.C. 2-04-02 the Legislature declares that the creation or establishment of an airport hazard is a public nuisance. Section 2-04-03 empowers every political subdivision with an airport hazard area to adopt zoning that divides the area into zones and restricts the height of structures and trees near runways. An 'airport hazard' is any structure, tree, or use of land that obstructs the airspace required for aircraft landing or taking off (2-04-01). North Dakota sets no statewide cap on aircraft engine or operational noise, which is controlled by federal law; obstruction and land-use zoning around airports is the state's lever.
Violations & Penalties
Section 2-04-12 makes each violation of an adopted airport zoning regulation a class B misdemeanor; the subdivision may also sue in court for an injunction to prevent, restrain, correct, or abate the hazard.
Frequently Asked Questions
Does North Dakota limit aircraft noise levels?
Who can adopt airport zoning in North Dakota?
Sources
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