Title 2 — Aeronautics
8 chapters · 99 sections in this title.
N.D.C.C. § 2-04-01 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interests of the public for such purposes. 2. "Airport hazard" mean…
N.D.C.C. § 2-04-02 Airport hazards contrary to public interest
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It is hereby found that an airport 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 available for the landing, taking off, and maneuvering of airc…
N.D.C.C. § 2-04-03 Power to adopt airport zoning regulations
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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 prescr…
N.D.C.C. § 2-04-04 Relation to comprehensive zoning regulations
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1. Incorporation. 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 incorporat…
N.D.C.C. § 2-04-05 Procedure for adoption of zoning regulations
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1. No airport zoning regulations shall be adopted, amended, or changed under this chapter except by action of the legislative body of the political subdivision in question, or the joint board provided for in subsection 2 of section 2-04-03 after a public hearing in relation there…
N.D.C.C. § 2-04-06 Airport zoning requirements
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1. Reasonableness. All airport zoning regulations adopted under this chapter must be reasonable and none may impose any requirement or restriction which is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations it may adopt, each poli…
N.D.C.C. § 2-04-07 Permits and variances
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1. Permits. Any airport zoning regulations adopted under this chapter may 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 repaired…
N.D.C.C. § 2-04-08 Appeals
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1. Any person aggrieved, or taxpayer affected, by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this chapter, or any governing body of a political subdivision, or any joint airport zoning board, which is of the opi…
N.D.C.C. § 2-04-09 Administration of airport zoning regulations
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All airport zoning regulations adopted under this chapter must 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 the political subdi…
N.D.C.C. § 2-04-10 Board of adjustment
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1. All airport zoning regulations adopted under this chapter must provide for a board of adjustment to have and exercise the following powers: a. To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcemen…
N.D.C.C. § 2-04-11 Judicial review
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1. Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, or any governing body of a political subdivision or any joint airport zoning board which is of the opinion that a decision of a board of adjustment is illegal, may present to the district cou…
N.D.C.C. § 2-04-12 Enforcement and remedies
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Each violation of this chapter or of any regulations, orders, or rulings promulgated or made pursuant to this chapter, constitutes a class B misdemeanor. In addition, the political subdivision or agency adopting zoning regulations under this chapter may institute in any court of …
N.D.C.C. § 2-04-13 Acquisition of air rights
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In any case in which: 1. It is desired to remove, lower, or otherwise terminate a nonconforming structure or use; 2. The approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or 3. It appears adv…
N.D.C.C. § 2-04-14 Short title
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This chapter must be known and may be cited as the "Airport Zoning Act".