SECTION 30.215. Airport Hazard Zoning and Compatible Land Use

(a) The sponsor shall adopt and enforce airport hazard 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. The sponsor shall also acquire and retain easements or other interests in or rights to the use of land or airspace, unless the sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to the sponsor. To assist the sponsor in implementing these measures, the division, upon request from a sponsor, will provide assistance with respect to airport hazard zoning pursuant to the Texas Airport Zoning Act, Local Government Code, §§241.001 et seq, including:

(1) preparation of a zoning map; and

(2) providing a model zoning ordinance/order and procedures for the community to pass such ordinance/order.

(b) Until the sponsor has adopted an airport hazard ordinance/order approved by the division, the final 10% of a project funded by the department will be withheld pending the approved ordinance adoption.

Source Note: The provisions of this §30.215 adopted to be effective September 27, 1990, 15 TexReg 5366; transferred effective September 1, 1993, as published in the Texas Register August 27, 1993, 18 TexReg 5768; amended to be effective May 24, 1995, 20 TexReg 3575.