Title 21 — AERONAUTICS

21-501. Definitions. Definitions as used in this chapter, unless the context otherwise requires: (1) "Airport" means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for us…

21-502. Aviation hazards contrary to public interest. It is hereby found that an aviation hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area availab…

21-509. Separability. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the provisions or applications of the act which can be given effect without the invalid provision or application, and to …

21-510. Short title. This act shall be known and may be cited as "The Airport Zoning Act."

21-511. State land adjacent to public airport — Notice of intention to sell or lease. No land owned by the state of Idaho adjacent to a public airport, or adjacent to land acquired for use in connection with such airport, shall be sold or leased without first giving to the public…

21-512. Authority to sell or lease. The state board of land commissioners is hereby authorized to lease any state lands adjacent to any public airport, or adjacent to lands acquired for use in connection with such airport, for public airport purposes, or for use in connection wit…

21-513. Declaration of policy. As a guide to the interpretation and application of this act, the public policy of this state is declared to be that any hazard to the safety of air flight may cause disastrous and needless loss of life and property, that safety in air flight is of …

21-514. Definition of terms. As used in this act the terms structure, person, department and director shall have the meanings defined in section 21-501, Idaho Code.

21-515. Marking of hazards to air flight. Any structure when determined by the director of the Idaho transportation department to be a hazard or potential hazard to the safe flight of aircraft shall be plainly marked, illuminated, painted, lighted or designated in a manner to be …

21-515A. hazards to air flight — standards for guyed towers. (1) Any temporary or permanent guyed tower fifty (50) feet or more in height that is located outside the boundaries of an incorporated city or town on land that is primarily rural or undeveloped or used for agricultural…

21-515B. wind energy conversion systems — light-mitigating technology systems. (1) On and after July 1, 2025, no new wind energy conversion system shall commence commercial operations in this state unless the developer, owner, or operator of the wind energy conversion system appl…

21-516. Determination of hazards. In determining the structures which are or may be a hazard to air flight the director shall consider the terrain, character of the neighborhood, uses to which the structure and surrounding property may be adaptable, and the character of the flyin…

21-517. Procedure for determination of hazards. When the director determines that a structure is a probable hazard within the meaning of this chapter, he shall notify the owner of the land, or operator or owner of the structure who shall have twenty (20) days after the receipt of…

21-518. Judicial review. Any person aggrieved by the decision of the director in making a determination within the meaning of this act may appeal such determination to the district court of the judicial district in which such structure is situated in the same manner in which appe…

21-519. Rules and regulations. The director of the Idaho transportation department shall adopt and may, as conditions require, amend such rules and regulations as he deems necessary to provide reasonable standards of marking, painting, lighting, illuminating, designating and main…

21-520. Violation of act, penalties, injunction. Whenever any person refuses or neglects to illuminate, mark, paint, designate or light, as required by this act, a structure owned or operated by him after the same has been designated by the director to be an obstruction to air fl…