Following the recent passage of House Bill 206 (HB 206) in the 2023 legislative session, Woods Cross City is moving to adopt updates to its city code, ensuring alignment with state-mandated safety measures around airports. HB 206 requires cities and counties with airports to establish land use regulations that create buffer zones to prevent obstructions, keeping airports secure and safeguarding nearby developments.

The Woods Cross City Council held a public hearing on Nov. 19, 2024 to discuss a proposed ordinance that would create a new Airport Overlay Zone (AOZ). This new ordinance is being proposed in response to state legislation passed in 2023, HB 206, which requires municipalities and counties with airports to adopt land use regulations that protect the airports. The proposed ordinance would replace the existing Chapter 31 of the Woods Cross Municipal Code, titled “Airport Protective Area,” with a new chapter titled “Airport Overlay Zone.”

The purpose of the AOZ is to protect the safety of airport users and people living near the airport. The ordinance recognizes that airport hazards can endanger lives and property, and that these hazards can reduce the area available for the landing, takeoff, and maneuvering of aircraft, as well as negatively impact the utility and investment in the airport.

Key provisions of the AOZ:

Height restrictions

● The AOZ establishes height restrictions for structures and trees within various zones around the airport. These restrictions are designed to prevent obstructions to the safe operation of aircraft. The zones include a Primary Surface Zone, Approach Surface Zone, Horizontal Surface Zone, Conical Surface Zone, and Transitional Surface Zone.

Use restrictions

● The AOZ prohibits certain land uses within a designated Runway Protection Zone (RPZ). The RPZ is a trapezoidal area centered on the extended runway centerline, and the following land uses are prohibited within it: residential uses, places of public assembly, hospitals, office buildings or shopping centers, and any other uses with similar concentrations of people.

Notice to property owners and developers

● The AOZ serves as a notice to potential developers, builders, and property owners of the FAA notification requirements for construction or alteration of structures. This notification requirement applies to any construction or alteration of a structure over 200 feet in height, and/or a structure taller than an imaginary surface extending outwards and upwards from the nearest point of the nearest runway.

Permitting requirements

● The AOZ requires permits for any material change in land use, and for the construction or alteration of structures or trees within any of the height-limiting zones. The purpose of this requirement is to ensure that all development within the AOZ is compatible with the safe operation of the airport.

Existing and nonconforming uses

● The AOZ addresses existing uses and nonconforming uses, and sets guidelines for handling them. For example, permits will not be granted for the establishment or creation of an airport hazard, or for making non-conforming uses, structures, or trees higher or more hazardous to air navigation.

If the City Council adopts the ordinance, it will be codified in the Woods Cross City Municipal Code. The new AOZ will then take effect and the City will begin enforcing its provisions. The City will be responsible for issuing permits for any development within the AOZ.