Title 259, AVIATION

Sec. 5. The term "commission", when used in this act means the Michigan aeronautics commission, or any successor thereto established by law.

Sec. 6. The term "political subdivision", when used in this act means any county, city, village or township of this state, and any other political subdivision, public corporation, authority, or district in this state which is or may hereafter be authorized by law to construct, en…

Sec. 7. The term "person", when used in this act means any individual, firm, partnership, corporation, company, association, joint stock association, municipal corporation or other body politic; and includes any trustee, receiver, assignee, or other similar representative thereof…

Sec. 8. The term "state" when used in this act means the state of Michigan.

Sec. 9. The term "structure", when used in this act means any object constructed or installed by man, including, but without limitation, buildings, towers, smoke stacks and overhead transmission lines, but not including highways and their appurtenances.

Sec. 10. The term "tree", when used in this act, means any object of natural growth.

Sec. 11. It is hereby found that an airport hazard endangers the lives and property of the general public, 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 available for the landing, tak…

Sec. 12. The commission shall formulate, adopt and revise, when necessary, an airport approach plan for each publicly owned airport in this state. Each such plan shall indicate and determine the circumstances in which structures and trees are or would be airport hazards, the airp…

Sec. 13. (1) In order to prevent the creation or establishment of airport hazards, every political subdivision having an airport hazard area wholly or partly within its territorial limits or jurisdiction may make an official determination that the area is in fact an airport hazar…

Sec. 14. In each case where (a) an airport is owned, operated, controlled, leased to, or leased by a political subdivision and an airport hazard area appertaining to the airport is located wholly or partly outside the territorial limits or jurisdiction of the political subdivisio…

Sec. 15. In the event that a political subdivision has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion thereof, may be incorporated in and…

Sec. 16. Every airport zoning regulation for an airport hazard area existing in connection with a publicly owned airport shall be designed to effectuate the commission's airport approach plan, as amended by it, whenever necessary, for such publicly owned airport, and said regulat…

Sec. 17. In each case where an airport hazard area exists in connection with a publicly owned airport and suitable airport zoning regulations have not been adopted, administered and enforced for such airport hazard area in a form and manner deemed reasonably adequate by the commi…

Sec. 18. In the event of conflict between any airport zoning regulations adopted under this act and any other zoning regulations applicable to the same area, whether such other regulations were adopted by the political subdivision which adopted the airport zoning regulations or b…

Sec. 19. No airport zoning regulations shall be adopted, amended, or changed under this act except by action of the governing body of the political subdivision in question, or by action of the joint board provided for in sections 14 or 17, after a public hearing in relation there…

Sec. 20. Prior to the initial zoning of any airport hazard area under this act, the governing body of the political subdivision or the joint airport zoning board which is to adopt the regulations shall appoint a body, to be known as the airport zoning commission, to recommend the…

Sec. 21. All airport zoning regulations adopted under this act shall be reasonable and none shall impose any requirement or restriction which is not reasonably necessary to effectuate the purposes of this act. In determining what regulations it may adopt, each political subdivisi…

Sec. 22. No airport zoning regulations adopted under this act shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any non-conforming u…

Sec. 23. Any airport zoning regulations adopted under this act shall require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed or substantially altered or substantially…

Sec. 24. (1) A person desiring to erect a structure, or increase the height of a structure, or permit the growth of a tree, or otherwise use property in violation of the airport zoning regulations adopted under this act, may apply to the board of appeals, for a variance from the …

Sec. 24a. An application for a permit or variance under section 23 or 24, respectively, to construct, establish, rebuild, or substantially change, alter, or repair a structure or to replant a tree or allow a tree to grow tall shall be considered to be granted if all of the follow…

Sec. 25. In granting any permit under section 23 or variance under section 24, any administrative agency or board of appeals may, if it deems such action advisable to effectuate the purposes of this act and reasonable in view of the surrounding circumstances, so condition such pe…

Sec. 26. All airport zoning regulations adopted under this act shall provide for the administration and enforcement of such regulations by an administrative agency which may be an agency created by such regulations or any official, board, or other existing agency of any political…

Sec. 27. All airport zoning regulations adopted under the provisions of this act shall provide for a board of appeals to have and exercise the following powers: (a) To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agenc…

Sec. 28. Where a zoning board of appeals already exists it may be appointed as the board of appeals under this act. Otherwise, the board of appeals shall consist of 5 members, each to be appointed for a term of 3 years and until his successor is appointed and qualified, 1 of whom…

Sec. 29. In cases where airport zoning regulations are adopted by a political subdivision or joint airport zoning board under sections 13, 14, 15 or 17, any person, including the commission on behalf of the state, aggrieved by any decision of an administrative agency made in its …

Sec. 30. Any person, including the commission, on behalf of and in the name of the state, aggrieved by any decision of a board of appeals, or any governing body of a political subdivision or any joint airport zoning board who is of the opinion that a decision of a board of appeal…

Sec. 31. Upon presentation of such petition the court may allow a writ of certiorari directed to the board of appeals to review such decisions of the board. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, or…

Sec. 32. In any case in which: (a) it is desired to remove, lower, or otherwise terminate a non-conforming structure, tree or use; or (b) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this act; or …

Sec. 33. Any person who shall violate this act or any regulations, orders, or rulings promulgated or made pursuant to this act, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $100.00 and imprisonment for a term not to e…

Sec. 34. This act shall be known and may be cited as the "Airport Zoning Act."

Sec. 35. The governing body of a contiguous political subdivision in an adjoining state whose laws permit may acquire, establish, construct, enlarge, own, control, lease, equip, improve, maintain, and operate airports, landing fields, and other aeronautical facilities in this sta…

Sec. 1. Within 90 days of the effective date of this act, counties, any portion of whose boundaries are within 10 miles of any state-owned airport and any city located within the boundaries of any such counties and having a population of over 100,000, by a resolution passed by ea…

Sec. 2. The authority shall be directed and governed by an airport authority board. The airport authority board shall consist of 3 members from each city designated in section 1, appointed by the mayor with the advice and consent of the city council; 3 members from the balance of…

Sec. 3. Of the county members first appointed, 1 member shall be appointed for 4 years and 1 member for 3 years. Of the city members, 1 shall be appointed for 2 years, 1 for 3 years and 1 for 4 years. After the initial appointments expire all members shall be appointed for 4 year…

Sec. 4. The legislative body of a county or the city council appointing members to the board may remove any member appointed by it by a 3/4 vote of its full membership.

Sec. 5. Any additional county contiguous to the original counties forming the authority may subsequently become a member of the authority upon resolution adopted by the governing body of the county and acceptance thereof by resolution adopted by majority vote of the board. The nu…

Sec. 6. By October 14, 1970, the board shall hold its first meeting and organize by electing a chairperson and vice-chairperson who are members of the board, and a secretary and treasurer who need not be board members and additional officers who need or need not be members of the…

Sec. 7. The authority shall be a public body corporate with powers to sue or be sued in any court of this state and have the power and duty of planning, promoting, extending, owning, maintaining, acquiring, purchasing, constructing, improving, enlarging and operating all publicly…

Sec. 8. (1) After organization, the board shall hold meetings at the call of the chairperson. The board shall adopt a schedule of regular monthly meetings and adopt a regular meeting date, place, and time. The chairperson shall call a special meeting upon request of 3 members of …

Sec. 9. In exercising its powers and duties, the authority and the cities and counties comprising the authority shall be vested with and be subject to the same powers, duties and limitations as provided by Act No. 206 of the Public Acts of 1957, as amended, being sections 259.621…

Sec. 10. On or before June 1 of each year the board shall prepare a budget containing an itemized statement of the estimated current operational expenses and the expenses for capital outlay including funds for the operation and development of all airports under the jurisdiction o…

Sec. 11. The board shall certify to each participating county the amount to be raised by them, and the counties comprising the authority shall include the certified amount to be raised in their next ensuing budget and shall pay the amounts so certified from any funds they have av…

Sec. 12. For the purpose of acquiring, purchasing, constructing, improving, enlarging or repairing airports and airport facilities created within or hereafter acquired by the authority, the board may issue self-liquidating bonds of the authority in accordance with the provisions …

Sec. 13. Employees of the airport division of the state aeronautics commission employed at the state-owned airport on the date the authority is established may transfer to the employment of the authority. The authority shall accept the transfers without a break in employment. Emp…

Sec. 14. In the event that an authority is formed as prescribed in section 1, sections 15, 16, 17, 18, 19, 20 and 22 shall become operative.