Originally published in 1993
The previous issue of “WingTips” stated that in order to receive federal or state grants for airport improvement, an airport must be zoned. One of the guidelines under which the Texas Department of Transportation, Division of Aviation operates is the “Aviation Facilities Development Rules.” The purpose of these rules is to set forth in a clear and concise manner the procedures, guidelines and standards utilized to administer the Texas Aviation Facilities Development and Financial Assistance Program.
Rule 65.10(i)(12) states, “A sponsor shall adopt and enforce comprehensive zoning regulations to restrict the use of land, adjacent to or in the immediate vicinity of the airport, to activities compatible with normal airport operations. …No sponsor shall be eligible for a subsequent grant or loan under the program unless the sponsor has adopted and has, as called upon to do so, enforced the airport hazard zoning ordinance/order approved by the department…”. These rules were adopted by the Texas Transportation Commission after the merger of the two transportation agencies, highways and aviation, formed the Texas Department of Transportation. Also, the Division of Aviation will not invest the public’s money in any facility where the public investment cannot be protected.
Since neither the Division of Aviation nor the Federal Aviation Administration can protect any airport from the erection of tall structures or the use of land adjacent to the airport that would be dangerous to the users of the airport or persons around the airport, a zoning ordinance is the best way to protect an airport.
The procedure for enacting a zoning ordinance is quite involved and requires the sponsor as well as all other political subdivisions that own land under the zoned areas to participate. The complete zoning procedure requires at least 17 steps for a simple city-county zoning ordinance to be property enacted.
The Division of Aviation assists in the zoning process by preparing the zooming procedural forms and the hazard zoning map and providing assistance to the sponsor during the zoning process. It should be pointed out that airport zoning is a local ordinance authorized by Texas Local Government Code Section 241.001, not a state or federal law. It is the responsibility of the local government to enact, enforce, amend, and issue variances to the zoning ordinance. For more information, please contact the Division of Aviation’s zoning coordinator, Jim Cummins.