Legislation would mandate airport zones

A bill that would require Kalispell and other local governments to adopt land-use regulations for large areas around their public airports flew through the Montana Senate on a 49-1 vote on Wednesday.

If Senate Bill 255 is ultimately approved, cities and counties that own airports would have to identify specific "airport affected areas" surrounding the facilities.

These affected areas represent zones of influence within which certain types of structures or land uses would be discouraged. Even tall trees could be trimmed because of safety considerations.

The designated area must measure at least 10,000 feet from either end of a runway and stretch a mile on either side, meaning it would cover a minimum of about 9 square miles.

The airport owner also would have to adopt regulations for the influence zone that are "reasonable … and designed to promote the public health, safety and general welfare," according to the bill.

The regulations could address allowable building heights; permitted, conditional and prohibited land uses; lighting; "sources of electromagnetic radiation;" and other issues. Existing uses would be allowed to continue, but any expansion, replacement or change in use could be prohibited.

Kalispell's influence zone would include most of the community and extend well beyond the city limits into the county. Consequently, a regulatory board that includes two city appointees and two county appointees would have to be established. These four members would then select a fifth at-large member.

If for some reason the county didn't want to participate in this effort, SB 255 states that Kalispell (the airport owner) could designate the affected area and create the regulations anyway - and these regulations would trump any zoning rules the county had in place.

Fred Leistiko, a former Army base commander and City Council member who was hired last year to manage the city airport, said Kalispell needs to designate an influence zone anyway, regardless of the fate of this bill, simply for safety reasons.

"This probably isn't going to affect anyone unless they want to build some kind of tower," he said. "It just puts people on notice that there is an area of influence, that they're building or buying property near an airport, and that they need to take that into consideration."

Leistiko started working on an airport influence zone last fall. However, he held off on that effort after learning about SB 255.

"Once we find out what happens with this, the city will appoint its board members," he said. "The board will only be in existence for a short time. Once it establishes the regulations, it will disband."

Public hearings would be held prior to designating an airport affected area or adopting any regulations.

Kalispell has already asked the Flathead County commissioners to appoint two county members to an "Air Park Zone of Influence Committee." They are scheduled to make the appointments on Tuesday.

Glacier Park International Airport designated its own influence zone years ago, Leistiko said, so it wouldn't be affected by this bill. Airport Manager Mike Daigle could not be reached for comment on how that area is working.

Reporter Bill Spence may be reached at 758-4459 or by e-mail at bspence@dailyinterlake.com