Title 28 — Transportation

A. This state or a county, city or town may: 1. Accept and receive federal and other monies, either public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of airports, other air navigation facilities and sites for airpo…

By resolution, the governing body of a city or town: 1. May sell, lease and dispose of an airport acquired under this article. 2. If an airport acquired under this article is sold, leased or disposed of to the county in which the airport is located, to this state or to the United…

A. The department, in the operation and maintenance of the Grand Canyon national park airport, or a city, town or county may accept and hold real property or any interest in the property by gift, trust or purchase or any other manner for the purpose of establishing, constructing,…

A. A city, town or county that acquires private property for an airport shall acquire the property by purchase, if the city, town or county can agree with the owner on the terms of purchase. B. If unable to agree, the city, town or county may acquire the property by condemnation …

The purchase price for real property acquired for an airport may be paid from either: 1. Monies available for the purchase. 2. Wholly or partially from proceeds of the sale of bonds of the city, town or county as the governing body determines, subject to the adoption of a proposa…

A. The governing body of a city or town or the board of supervisors of a county that has established an airport and that has acquired, leased or set apart real property for an airport may either: 1. Construct, improve, equip, maintain and operate it. 2. Vest jurisdiction for the …

A. The department, in the operation and maintenance of the Grand Canyon national park airport, and the governing body of a city or town or the board of supervisors of a county may adopt rules and establish fees or charges for use of airport facilities. B. The governing body of a …

The department, in the operation and maintenance of the Grand Canyon national park airport, or a city, town or county may enter into agreements on terms the director or the governing body deems advisable with agencies of the United States or with a person, firm or corporation eng…

The powers, rights and authority granted by this article to a city, town or county may be exercised by either: 1. Two or more cities, towns or counties. 2. A joint powers airport authority formed pursuant to article 8 of this chapter, if in connection with the closing of a milita…

A. This state or a county, city or town may spend monies received from an adjoining state for the purpose of enlarging, improving, maintaining, operating or equipping an existing airport in this state. B. The department may enter into an agreement with an adjoining state for the …

A. If the department, in the operation and maintenance of the Grand Canyon national park airport, or if a city, town or county has leased or leases land owned by it to a nonprofit corporation for airport or air terminal purposes pursuant to a lease agreement that provides that ti…

A. A nonprofit corporation that is a lessee as provided in section 28-8423: 1. Is a validly organized and existing body politic and corporate exercising its powers for the benefit of the people, for the improvement of the people's health and welfare and for the increase of the pe…

A. The department, in the operation and maintenance of the Grand Canyon national park airport, or a city, town or county may lease land owned by it or under its control to a person, partnership, association or corporation for airport or air terminal purposes pursuant to a lease a…

A. The governing body of a public airport operating pursuant to sections 28-8423 and 28-8424 may appoint one or more persons to be designated by the airport as airport police officers to aid and supplement the law enforcement agencies of this state in the protection of persons an…

A. Whether or not airport police officers have been appointed pursuant to section 28-8426, the governing body may appoint unarmed airport police aides who are employed by the governing body. B. The police aides: 1. Are authorized to enforce ordinances regulating the standing or p…

A. The governing body of each airport appointing an airport police officer or airport police aide is liable for any and all acts of the airport police officer or airport police aide that are within the scope of the officer's or aide's employment. B. This state or any political su…

In this article, unless the context otherwise requires: 1. "Accident potential zone one" means an area three thousand feet wide by five thousand feet long that starts at the end of each clear zone and that is centered and measured on the extended runway centerline, terminating ei…

A. It is declared that: 1. The creation or establishment of an airport hazard is a public nuisance and a public injury to the community served by an airport. 2. It is necessary in the interest of the public health, public safety and general welfare that the creation or establishm…

A. If it is desired to remove, lower or otherwise terminate a nonconforming structure or use, if the approach protection necessary cannot be accomplished by airport zoning regulations under this article because of constitutional limitations or if it appears advisable that the nec…

To prevent an airport hazard, a political subdivision that has an airport hazard area within its territorial limits may adopt, administer and enforce airport zoning regulations for the airport hazard area, under the police power, in the manner and on the conditions prescribed in …

A. If an airport is owned or controlled by a political subdivision and an airport hazard area is located outside its territorial limits, the political subdivision that owns or controls the airport and the political subdivision within which the airport hazard area is located may e…

A. If a political subdivision has adopted or adopts a comprehensive zoning ordinance regulating the height of buildings, an airport zoning regulation applicable to the same area or portion of the same area may be: 1. Incorporated in and made a part of the comprehensive zoning reg…

A. In adopting, amending and repealing an airport zoning regulation under this article, the political subdivision or joint airport zoning board shall follow the procedure prescribed by law for the adoption, amendment and repeal of comprehensive zoning regulations. B. Before the i…

A. Airport zoning regulations adopted under this article shall be reasonable and shall not impose a requirement or restriction that is not reasonably necessary to effectuate the purposes of this article. B. In determining what regulations it may adopt, a political subdivision and…

A. Airport zoning regulations adopted under this article shall provide for the administration and enforcement of the regulations by either: 1. An administrative agency that may be an agency established by the regulations. 2. Any official, board or other existing agency of the pol…

A. An airport zoning regulation adopted under this article may require that a permit be obtained before a new structure or use may be constructed, established, substantially changed, altered or repaired. B. The airport zoning regulation provided in subsection A shall also provide…

A. A person who wants to erect or increase the height of a structure, permit the growth of a tree or otherwise use the person's property in violation of an airport zoning regulation adopted under this article may apply to the board of adjustment for a variance from the airport zo…

In granting a permit or variance under section 28-8470 or 28-8471, the administrative agency or board of adjustment, if it deems the action advisable to fulfill the purposes of this article and reasonable in the circumstances, may place a condition on the permit or variance that …

A. Airport zoning regulations adopted under this article shall provide for a board of adjustment that exercises the following powers: 1. Hear and decide appeals from an order, requirement, decision or determination made by the administrative agency in the enforcement of the airpo…

A. A person who is aggrieved or a taxpayer who is affected by a decision of an administrative agency made in the administration of airport zoning regulations adopted under this article, or a governing body of a political subdivision or a joint airport zoning board that is of the …

A. A person who is aggrieved or a taxpayer who is affected by a decision of a board of adjustment, or a governing body of a political subdivision or a joint airport zoning board that is of the opinion that a decision of a board of adjustment is invalid, may file a verified petiti…

A violation of this article or of a regulation, order or ruling made pursuant to this article is a class 3 misdemeanor. Each day a violation continues is a separate offense.

A. The political subdivision or agency adopting airport zoning regulations under this article may institute in a court of competent jurisdiction an action to restrain, correct or abate a violation of this article, an airport zoning regulation adopted under this article or an orde…

A. If an airport that is operated by a nonprofit corporation, as authorized by this article, is located outside the corporate limits of a city or town, the board of supervisors of the county in which the airport is located may adopt and enforce resolutions governing the parking a…

A. This article does not authorize the governing body of a city or town or the board of supervisors of a county to restrict or limit the length or width of an airstrip or runway used for the landing and takeoff of aircraft. Any such restriction or limitation is void. B. This sect…

In addition to authority granted pursuant to other provisions of law, a political subdivision may acquire, by exchange, purchase, lease, donation, devise or condemnation, land or interests in land for the continued operation of a military airport or ancillary military facility.

A. A political subdivision that has territory in the vicinity of a military airport or ancillary military facility that includes property in a high noise or accident potential zone shall adopt comprehensive and general plans and school district development plans, if applicable, f…

A. A political subdivision that includes territory in the vicinity of a military airport or ancillary military facility shall incorporate the sound attenuation standards and specifications prescribed in this section into any building code in existence on or adopted after December…

The state real estate department and political subdivisions that have territory in the vicinity of a military airport shall request from each military airport in this state a registry of information including maps of military flight operations and a list of contact persons at eac…

A. Any public report issued after December 31, 2001 pursuant to section 32-2183 or 32-2195.03 applicable to property that is located within territory in the vicinity of a military airport shall include the following statements: 1. That the property is located within territory in …

A. After notice and hearing, this state or the governing body of a political subdivision that has established or operates an airport may designate as an airport influence area all property that is in the vicinity of the airport, that is currently exposed to aircraft noise and ove…

A. The state real estate department shall have and make available to the public on request a map showing the exterior boundaries of each territory in the vicinity of a public airport. The map shall clearly set forth the boundaries on a street map. The state real estate department…

A. In connection with the closing of a military facility after 1990, two or more cities, towns, Indian tribes or counties may enter into an agreement to establish a joint powers airport authority. A board of directors shall operate and govern the airport authority. The board of d…

On its formation, the joint powers airport authority is all of the following: 1. A special purpose district for purposes of article IX, section 19, Constitution of Arizona. 2. A tax levying public improvement district for the purposes of article XIII, section 7, Constitution of A…

A. Before June 1 or at an earlier time as may be specified in the agreement described in section 28-8521, the joint powers airport authority's board of directors shall recommend to the members of the airport authority an annual operating budget for the airport authority for the n…

A. Each member of the joint powers airport authority and any new member shall make a pro rata allocation of monies, as specified in the agreement described in section 28-8521, to the airport authority's operating budget from one or any combination of the following sources: 1. If …

A. If written notice to the members of the joint powers airport authority is given at least thirty days before an operating budget must be adopted, any member of the airport authority may withdraw from membership in the airport authority both: 1. For any reason specified in the a…

A. On written request to the current members of the joint powers airport authority and on the approval, in the manner specified in the agreement described in section 28-8521, of the current members of the joint powers airport authority before the adoption of the airport authority…

Acting through its board of directors, the joint powers airport authority may: 1. Own and operate property and facilities related to aviation, air navigation and aerospace. 2. Own property and facilities that are not related to aviation, air navigation and aerospace. 3. Enter int…

[Repealed or reserved.]