Title 21 — AERONAUTICS

21-403. Counties and municipalities may share in cost of airports. Recognizing the need for airports as part of the national defense system and the inability of one (1) municipality or one (1) county to finance the cost of such construction and maintenance thereof within its own …

21-404. Tax levy authorized. Any county or municipality may levy on all of the taxable property of said county or said municipality, for the purpose of building and maintaining an airport either within or without the boundaries of such county or municipality, a tax not to exceed …

21-405. Cooperative agreements for division of costs. Any county may enter into agreements with other contiguous counties or with any municipality within or without said county, and any municipality may enter into agreements with other municipalities either within or without the …

21-406. Funds to carry out contracts. For the purpose of carrying out the terms of any contract or agreement entered into pursuant to the provisions of this act, such municipality or county may use any funds at its disposal, not otherwise appropriated.

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…

21-603. Twin Falls County — Description of lands. The following described state lands are hereby reserved from sale, so long as the same shall be used for the purpose of an airport maintained by public authority. The northeast quarter of the southwest quarter (NE1/4SW1/4), the so…

21-604. Twin Falls County — Lease of lands. The state board of land commissioners is hereby authorized to lease the lands described in section 21-603, for public airport purposes upon such conditions as the board may determine best in the interests of the state and for such a ter…

21-605. Valley County — Description of lands. The following described state lands are hereby reserved from sale so long as the same shall be used for the purpose of an airport maintained by public authority. All of lot seven (7) and the northeast quarter of the northeast quarter …

21-606. Valley County — Lease of lands. The state board of land commissioners is hereby authorized to lease the lands described in section 21-605, for public airport purposes upon such terms and conditions as the board may determine best in the interest of the state and for such …

21-701. Definitions. The following words and phrases when used in this chapter are defined to mean the following: (a) "Aircraft" means any contrivance now known or hereafter invented used or designed for navigation of or flight in the air. (b) "Aircraft engine" means an engine us…

21-702. Stealing from, interfering with, or destruction of aircraft or air navigation facilities. Any person who intentionally or with reckless disregard for the safety of human life: (a) damages, destroys, disables, sets fire to, tampers with, or wrecks any aircraft, aircraft na…

21-703. Penalty when death results. Any person who is convicted of any crime prohibited by this chapter which has resulted in the death of any person shall be subject also to imprisonment for life if the jury shall in its discretion so direct, or in the case of a plea of guilty o…

21-801. Purpose — Development of regional airports. The purpose of this act is to provide for the development of regional airports in the state of Idaho, with the financial participation of the individual counties to be based on benefits received therefrom. In determining benefit…

21-802. Division into regions. For the purpose of this act, the state of Idaho is divided into five (5) air regions, consisting of the following counties, to-wit: the northern region shall consist of Benewah, Bonner, Boundary, Kootenai and Shoshone counties; the north central reg…

21-803. Appointment of boards of trustees. The Idaho transportation board shall, upon receipt of a petition signed by not less than twenty-five (25) electors from each legislative district within an air region as described in section 21-802, Idaho Code, appoint an interim board o…

21-804. Degree of financial participation by counties. Each interim board of trustees shall, with the advice and assistance of the Idaho transportation board, establish a formula for the degree of financial participation in a regional airport authority by each such county in the …

21-805. Regional airport authority — Establishment by election. A regional airport authority may be established by the vote of the electors of such region, voting at an election called and held as provided in chapter 14, title 34, Idaho Code, with special provisions as provided i…

21-805A. Annexation to existing authority — Election. Subsequent to the organization of a regional airport authority, any county which is contiguous and which voted in the negative and was excluded from the authority at the time of the election held as provided in section 21-805,…

21-805B. Withdrawal from existing authority — Election — Indebtedness apportionment — Trustee representation. Subsequent to the organization of a regional airport authority, the electors of any county which has joined the regional airport authority may call for an election to hav…

21-806. Election of board of trustees. At the next succeeding primary election following the creation of any such regional airport authority, the electors of each of the legislative districts within the participating counties within such region shall elect, on a nonpartisan basis…

21-807. Powers of board. The board of any authority established under the provisions of this act shall have power: (1) To sue and be sued; (2) To acquire, hold, and dispose of personal property; (3) To acquire, in the name of the authority by purchase or condemnation, real proper…

21-808. Issuance of bonds. Subject to and consistent with the percentage of financial participation determined by the board and approved by the electors of the region, as provided in sections 21-804 and 21-805, Idaho Code, or as determined by the board as provided in section 21-8…

21-809. Bond issue — Submission to electors for approval. No general obligation bonds shall be issued until the question whether the bonds shall be issued is submitted to the qualified electors of the participating counties of the region and approved by a two-thirds (2/3) majorit…

21-810. Records — Audits — Bonds. The board shall provide for the proper and safe keeping of its permanent records and for the recording of the action of the authority. It shall keep a true and accurate account of its receipts and an annual audit shall be made of its books, recor…

21-811. Purpose — Exemption from taxation. It is hereby found, determined, and declared that the creation of a regional airport authority is in all respects for the benefit of the people of the state of Idaho, for the improvement of their welfare and prosperity, and for the promo…

21-812. Issuance of revenue bonds. Regional airport authorities may issue revenue bonds in the same manner and form as under the municipal bond law contained in chapter 10, title 50, Idaho Code; provided that the ordinance required therein shall be by resolution of the board of t…

21-814. Dissolution of authority. A regional airport authority shall be, or may be, dissolved in accordance with the provisions herein provided: (a) If following the withdrawal pursuant to the provisions of section 21-805B, Idaho Code, of any county from a previously organized re…