HB1434: HB1434 Aviation; air facilities; identification of airport affected areas; provide

26 HB 1434/AP House Bill 1434 (AS PASSED HOUSE AND SENATE) By: Representatives Jenkins of the 136 th, Crowe of the 118 th, Jasperse of the 11 th, and McDonald III of the 26th A BILL TO BE ENTITLED AN ACT To amend Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to powers1 of local governments as to air facilities, so as to provide for the identification of airport2 affected areas; to provide for public notice and public hearing ; to require the adoption,3 administration, and enforcement of regulations relative to the use of land in airport affected4 areas; to provide for standards for adoption of such regulation s; to provide for assistance5 from the Department of Transportation; to provide for the adopt ion of local methods of6 enforcing regulations relative to airport area affected areas; to provide for a method for7 requesting variances; to provide for penalties; to provide for definitions; to provide for8 related matters; to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to powers of local12 governments as to air facilities, is amended by adding a new article to read as follows:13 H. B. 1434 - 1 - 26 HB 1434/AP "ARTICLE 314 6-3-40.15 As used in this article, the term:16 (1) 'Airport' shall have the same meaning as set forth in Code Section 32-9-8.17 (2) 'Airport affected area' means any area of air, land, or wa ter lying beneath a civil18 airport imaginary surface.19 (3) 'Airport affected governing body' means the governing auth ority of a county,20 municipality, or other political subdivision that has an airpor t affected area within its21 territorial limits.22 (4) 'Airport obstruction' means any building, structure, or object of natural growth within23 an airport affected area that penetrates a civil airport imaginary surface.24 (5) 'Airport sponsor' means an airport affected governing body that:25 (A) Owns or controls an airport; or26 (B) Has acquired, leased, or set apart real property for the p urpose or purposes27 provided for in Code Section 6-3-20.28 (6) 'Civil airport imaginary surface' shall have the same meaning as set forth in 14 C.F.R.29 Part 77 of the Code of Federal Regulations in effect on January 1, 2026.30 6-3-41.31 (a) No later than January 1, 2027, every airport sponsor in th is state shall identify the32 airport affected area for its airport and notify any airport affected governing body that an33 airport affected area is located within its territorial limits.34 (b) No later than July 1, 2027, and after public notice and pu blic hearing, each airport35 affected governing body shall a dopt, administer, and enforce regulations for the airport36 affected area within its territorial limits that comply with Code Section 6-3-42.37 H. B. 1434 - 2 - 26 HB 1434/AP 6-3-42.38 (a) Any regulation adopted for an airport affected area pursua nt to this article shall be39 reasonable and designed to promote public health, safety, and g eneral welfare. At a40 minimum, such regulation shall include, but shall not be limite d to, provisions for the41 limitation of the height of buildings, structures, and objects of natural growth located42 within the airport affected area for the purpose of keeping civil airport imaginary surfaces43 clear of airport obstructions.44 (b) In adopting, amending, and repealing any airport affected area regulations pursuant to45 this article, the Department of Transportation shall provide assistance and guidance to the46 airport affected governing body with respect to the compliance of such regulations to47 Federal Aviation Administration requirements.48 (c) To facilitate the clearance of the civil airport imaginary surfaces, any airport affected49 area regulations adopted pursuant to this article shall meet those federal standards set forth50 in 14 C.F.R. Part 77 of the Code of Federal Regulations in effect on January 1, 2026.51 (d) Airport affected area regulations adopted pursuant to this article may be amended from52 time to time in the same manner as provided for the adoption of the original regulation.53 6-3-43.54 When a local governing authority has adopted a zoning ordinance or resolution relating to55 land use of property within an airport affected area, any airport affected area regulations56 adopted pursuant to this article may be made part of such zoning ordinance or resolution57 and may be administered and enforced in connection with such ordinance or resolution.58 6-3-44.59 (a) Each airport affected governing body shall provide for the enforcement of airport60 affected area regulations adopted pursuant to this article. Such enforcement may be by a61 system of permits or other comparable method; provided, however, that, prior to granting62 H. B. 1434 - 3 - 26 HB 1434/AP any variance from a regulation that would result in the use of property that would create63 an airport obstruction, the applicable airport affected governing body shall notify an airport64 sponsor of the requested variance and such airport sponsor shal l be responsible for65 determining whether the requested variance would result in a violation of regulations for66 civil airport imaginary surfaces and requesting a variance from such regulations.67 (b) When any airport affected governing body fails to enact or enforce airport affected area68 regulations pursuant to this article, eligibility for funds through the local maintenance and69 improvement grant program available under Code Section 32-5-27 shall be suspended for70 the lesser of three years or until the date the airport affecte d governing body enacts or71 enforces such regulations, at which point any such funds shall be remitted to such airport72 affected governing body."73 SECTION 2.74 All laws and parts of laws in conflict with this Act are repealed.75 H. 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