602 KAR 50:050. Airport zoning map.

      RELATES TO: KRS 183.867

      STATUTORY AUTHORITY: KRS 183.861, 183.867(3)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 183.867 grants authority to the commission regarding zoning for public use and military airports. This administrative regulation provides procedures for the adoption and revision of airport zoning maps for existing and planned public use and military airports under the jurisdiction of the commission.

      Section 1. Every owner of an existing or planned public use and military airport in the state shall file with the administrator of the Kentucky Airport Zoning Commission a map showing the airport and the area surrounding the airport used for approach and landing purposes or the owner shall file an airport master plan.

      Section 2. If an owner of a public use and military airport fails to file a map as provided under Section 1 of this administrative regulation, the administrator shall cause an appropriate map to be prepared showing the airport and the area surrounding the airport used for approach and landing purposes.

      Section 3. The administrator shall designate the area of jurisdiction of the commission as set forth in 602 KAR 50:030 and the public use and military airport imaginary surfaces as set forth in Section 2 of 602 KAR 50:010 for each publicly-owned airport, on the map or airport master plan, prepared or filed under Sections 1 and 2 of this administrative regulation.

      Section 4. The airport zoning map prepared pursuant to Section 3 of this administrative regulation shall be submitted to the commission for its adoption by order of the commission. If the airport zoning map is adopted by order of the commission, the date of its adoption shall be noted on the airport zoning map, and the original shall be kept in the office of the administrator pursuant to KRS 183.867(3) and the administrative regulations of the commission.

      Section 5. (1) Every public use and military airport owner for which an airport zoning map has been adopted by the commission shall inform the administrator of any changes in the existing or proposed boundaries, runways, or taxiways either by filing a revised airport zoning map or furnishing the administrator with information sufficient to cause a revised map to be prepared.

      (2) The administrator shall designate the area of jurisdiction and airport imaginary surfaces on the revised map prepared or filed under subsection (1) of this section.

      (3) The revised map prepared under this section shall constitute the airport zoning map for the public use and military airport upon its adoption by order of the commission and shall supersede any airport zoning map previously adopted by the commission.

      Section 6. The administrator shall notify any local zoning body, whose jurisdiction is limited by the zoning jurisdiction of the commission, by sending to the local zoning bodies a copy of the airport zoning map adopted by order of the commission.

      Section 7. The local zoning bodies may retain jurisdiction of zoning in these areas as to all other matters; however, the local zoning bodies shall not adopt any ordinances or regulations that conflict with the jurisdiction of the commission in areas as it pertains to the safe and proper use of the airport involved.

      Section 8. Every airport zoning map adopted by the commission shall remain in full force and effect until revised pursuant to the administrative regulations of the commission. (KAV-10; 1 Ky.R. 1043; eff. 6-11-75; Am. 10 Ky.R. 446; eff. 1-4-84; 14 Ky.R. 268; eff. 9-10-87; 19 Ky.R. 801; eff. 11-4-92; 27 Ky.R. 2229; 2774; eff. 4-9-2001.)