00                            HOUSE BILL NO. 346                                                                          
01 "An Act relating to municipal zoning around airports; and relating to buffers between                                   
02 airports and nonindustrial property."                                                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 35.30.020 is amended by adding a new subsection to read:                                           
05 (b)  The Department of Transportation and Public Facilities shall, when                                                 
06 exercising its police power under AS 02.25.020, comply with local planning and                                          
07 zoning ordinances and other regulations that require vegetative or constructed buffers                                  
08 between an airport and adjacent nonindustrial property unless complying with the                                        
09 local ordinance or regulation would create a hazard to aircraft. The Department of                                      
10       Transportation and Public Facilities may only reduce or remove an existing buffer in a                            
11       designated buffer zone between an airport and adjacent nonindustrial property if the                              
12       Department of Transportation and Public Facilities                                                                
13                 (1)  determines that reduction or removal of the buffer is necessary to                                 
14       eliminate a direct and immediate safety hazard;                                                                   

01                 (2)  provides for public notice and an opportunity to comment before                                    
02       reducing or removing the buffer; and                                                                              
03                 (3)  implements additional mitigation measures to minimize the adverse                                  
04       effects associated with reducing or removing the buffer, including establishing a new                             
05       buffer if practicable.