AN ACT TO PROVIDE AIRPORT AUTHORITIES AND OPERATORS WITH ADDITIONAL NOTICE AND OPPORTUNITY TO COMMENT IN THE ADOPTION OF LAND USE REGULATIONS.
Enacts GS 160D-601(e), establishing the following notice requirements. Requires a local government to provide written notice of proposed changes to a zoning map or permitted land uses of land located within five miles or less from the perimeter boundary of an airport, due to the adoption, modification, or repeal of land use development regulations, to the airport authority or airport operator by certified mail, return receipt requested, at least 10 and no more than 25 days before the date fixed for the hearing. Requires the governing board of the local government to take into consideration any comments or analysis provided by the airport authority or operator regarding the proposed changes and their compatibility with airport operations. Defines airport to mean any publicly owned, commercial service airport with more than 100,000 passenger boardings during the two calendar years.
Amends GS 160D-602 to require notice of a hearing on proposed zoning map amendments which affect parcels of land within five miles of an airport be mailed to the airport authority or operator responsible for the airport by first-class mail. Specifies that the expanded published notice of subsection (b) does not apply to any airport entitled to notice as an affected property or as a boundary of the airport is located within five miles of an affected property.
Enacts GS 160D-604, requiring a planning board proposing a zoning regulation affecting an airport or affecting a property within five miles of the boundaries of an airport to provide written notice to the airport authority or operator of the airport at least 10 days but no more than 25 days before the date the planning board is to consider making a recommendation on the proposed zoning regulation.
Applies to ordinances adopted, amended, or repealed on or after October 1, 2021.
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