(1) Flight of aircraft over the lands and waters of the state is lawful, unless: (a) at such a low altitude as to interfere with the existing use to which the owner has put the land, water, or the airspace over the land or water; or (b) so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath. (2) In order to prevent the creation or establishment of airport hazards, each political subdivision located within an airport influence area, shall adopt, administer, and enforce land use regulations for the airport influence area, including an airport overlay zone, under the police power and in the manner and upon the conditions prescribed: (a) in this part; (b) Title 10, Chapter 20, Municipal Land Use, Development, and Management Act; and (c) Title 17, Chapter 79, County Land Use, Development, and Management Act. (3) (a) Each political subdivision located within an airport influence area shall notify a person building on or developing land in an airport influence area, in writing, of aircraft overflights and associated noise. (b) To promote the safe and efficient operation of the airport, a political subdivision located within an airport influence area: (i) shall: (A) adopt an airport overlay zone conforming to the requirements of this chapter and 14 C.F.R. Part 77; and (B) require any proposed development within an airport influence area to conform with 14 C.F.R. Part 77; and (ii) may, as a condition to granting a building permit, subdivision plat, or a requested zoning change within an airport influence area, require a person building or developing land to grant or sell to the airport owner, at appraised fair market value, an avigation easement. (4) If a political subdivision located within an airport influence area fails to adopt an airport overlay zone by December 31, 2024, then the following requirements shall apply in an airport influence area: (a) each political subdivision located within an airport influence area shall notify a person building on or developing land within an airport influence area, in writing, of aircraft overflights and associated noise; (b) as a condition to granting a building permit, subdivision plat, or a requested zoning change within an airport influence area, require the person building or developing land to grant or sell to the airport owner, at appraised fair market value, an avigation easement; and (c) require a person building or developing land within an airport influence area conform to the requirements of this chapter and 14 C.F.R. Part 77.
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