Airport overlay zoning ordinances are specific local regulations that govern land uses and structures within a defined boundary to promote public health, safety, and welfare. Airport zoning ordinances typically establish defined areas of specific allowed, conditional, or prohibited uses within each zone. Defining these zoned areas ensures safe aviation operations and allows the airport to be a good neighbor to the surrounding communities. In Minnesota, communities within designated public airport influence areas are required by law to enact airport zoning. The law also allows communities to coordinate on custom airport zoning to allow (with state approval) for locally tailored zoning regulations. Procedural steps for implementing custom airport zones are set forth in Minnesota Statutes Chapter 360 sections 360.061 to 360.074.

The JAZB is pursuing a custom airport zoning ordinance that achieves a balance between allowing for compatible community development and providing for a realistic level of safety. The overarching goal is to develop an airport zoning ordinance for review and approval by the MnDOT Commissioner of Transportation, subsequent adoption of that ordinance by the board, and then incorporation of the ordinance by local municipalities.

MnDOT reserves the authority to determine whether the proposed zoning ordinance meets the reasonable level of safety threshold. MnDOT will not grant monies to a public airport for construction projects unless the public airport has in place airport zoning regulations that comply with Minnesota Statutes Chapter 360 and Minnesota Rules. Similarly, one of the grant assurances for receipt of federal airport funding is affirmative action taken to promote compatible land uses around the airport. In all cases, once a local government invokes its airport zoning authority under Chapter 360, the governing body must comply with the minimum airport zoning regulations in Chapter 360 and the minimum standards in Rule 8800.2400.

MnDOT recognizes that zoning is locally driven and intended to meet the unique needs of the area’s citizenry. Therefore, the process of establishing custom airport zoning makes it easier for communities and airports to establish coordinated airport zones based on their specific needs. Custom zoning will provide a comprehensive analysis of all the factors that affect land use surrounding an airport. These factors must be weighed in totality to determine the appropriateness of any given use. Airports and communities can choose to use a custom zone if there are issues which the standard zone design does not address. Liability is considered to be different when comparing standard and custom zoning.

• Attend the advertised public hearing(s) which will be announced prior to being held.
• Provide comments using the submission form on the comments page.

Airport zoning boundaries will be established as part of the custom zoning process but they are typically driven by standards defined within CFR 14 Part 77 and FAA airspace protection guidelines which are specific to an airport’s circumstances. Minnesota state standards serve as the starting point for developing custom airport zones and are currently in place.

An airport zoning ordinance is an “overlay zone” that will not modify the existing zoning classification of any property. American Planning Association defines an overlay zone as “a zoning district which is applied over one or more previously established zoning districts, establishing additional or stricter standards and criteria for covered properties in addition to those of the underlying zoning district. Communities often use overlay zones to protect special features such as historic buildings, wetlands, steep slopes, and waterfronts.” The custom airport zoning ordinance will address local land uses specific to HIB that may be hazardous to the operational safety of aircraft while also protecting the safety of people and property on the ground near the airport.