North Dakota § 2-04-03 Power to adopt airport zoning regulations

North Dakota Statutes

§ 2-04-03 — Power to adopt airport zoning regulations

North Dakota § 2-04-03

Title 2Aeronautics

Ch. 2-04Airport Zoning

This text of North Dakota § 2-04-03 (Power to adopt airport zoning regulations) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 2-04-03 (2026).

Text

1.In order to prevent the creation or establishment of airport hazards, every political subdivision having an airport hazard area within its territorial limits may adopt, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow.

2.Where an airport is owned or controlled by a political subdivision and any airport hazard area appertaining to such airport is located outside the territorial limits of said political subdivision, the political subdivision owning or controlling

Free access — add to your briefcase to read the full text and ask questions with AI

1. In order to prevent the creation or establishment of airport hazards, every political
subdivision having an airport hazard area within its territorial limits may adopt,
administer, and enforce, under the police power and in the manner and upon the
conditions hereinafter prescribed, airport zoning regulations for such airport hazard
area, which regulations may divide such area into zones, and, within such zones,
specify the land uses permitted and regulate and restrict the height to which structures
and trees may be erected or allowed to grow.
2. Where an airport is owned or controlled by a political subdivision and any airport
hazard area appertaining to such airport is located outside the territorial limits of said
political subdivision, the political subdivision owning or controlling the airport and the
political subdivision within which the airport hazard area is located may, by ordinance
or resolution duly adopted, create a joint airport zoning board, which board has the
same power to adopt, administer, and enforce airport zoning regulations applicable to
the airport hazard area in question as that vested by subsection 1 in the political
subdivision within which such area is located. Each such joint board shall have as

members two representatives appointed by each political subdivision participating in
its creation and in addition a chairman elected by a majority of the members so
appointed.
3. If in the judgment of a political subdivision owning or controlling an airport, the political
subdivision within which is located an airport hazard area appertaining to that airport,
has failed to adopt or enforce reasonably adequate airport zoning regulations for such
area under subsection 1 and if that political subdivision has refused to join in creating
a joint airport zoning board as authorized in subsection 2, the political subdivision
owning or controlling the airport may itself adopt, administer, and enforce airport
zoning regulations for the airport hazard area in question. In the event of conflict
between such regulations and any airport zoning regulations adopted by the political
subdivision within which the airport hazard area is located, the regulations of the
political subdivision owning or controlling the airport govern and prevail.