(1) As used in this section: (a) "Affected land" means a parcel of land over which a part of a tower crane travels, other than the parcel on which the tower crane is located. (b) "Airspace approval" means a license, easement, permission of the owner of affected land, or other approval for a part of a tower crane to travel within the air space over affected land. (c) (i) "Live load" means material being suspended from or lifted by a tower crane. (ii) "Live load" does not include the components of a tower crane. (d) "Permit period" means the period during which a land use permit is in effect. (e) (i) "Tower crane" means a crane that is attached to and supported by a building or foundation. (ii) "Tower crane" does not include a crane supported by tracks or tires. (2) Except as provided in Subsection (3), a municipality may not require airspace approval as a condition for the municipality's: (a) approval of a building permit; or (b) authorization of a development activity. (3) A municipality may require airspace approval relating to affected land as a condition for the municipality's approval of a building permit or for the municipality's authorization of a development activity if: (a) the tower crane will, during the permit period or development activity, carry a live load over the affected land; or (b) the affected land is within: (i) an airport overlay zone; or (ii) another zone designated to protect the airspace around an airport. Renumbered and Amended by Chapter 15, 2025 Special Session 1
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