State Legislation
State and local land use legislation can minimize negative impacts on military readiness while protecting the health and welfare of neighboring communities. Policy options available to states include ensuring land use compatibility around military installations, airfields and ranges; referencing DOD Compatibility Use Zones (AICUZ, ICUZ, RAICUZ) and the associated recommendations for land use planning; and enhancing communication with the DOD regarding land use changes. Several state examples are listed below.
Arizona requires local jurisdictions to document in their general plans the boundaries of high noise areas as shown in an AICUZ study and the land uses that may be compatible (Ariz. Rev. Stat. §9-461.05).
Arkansas requires certain cities within five miles of an active-duty Air Force installation to enact ordinances that restrict or prohibit uses that may be hazardous to aircraft operation, including those that impair visibility, produce light or electrical emissions, attract birds, provide for structures within 10 feet of runways, or expose persons to noise greater than 65 decibels. (Ark. Code §14-56-426).
Florida law describes a process for enhanced communication and coordination between local governments and military installation commanding officers regarding any potentially incompatible land use. To facilitate this exchange of information, the law requires military representation on local zoning boards (Fla. Stat. §163.3175)
Oklahoma requires that any new land use restrictions or prohibitions within an AICUZ be consistent with current recommendations or studies made by Air Force and Army installations in the state. In interpreting such an ordinance, consideration must be given to protecting public health, safety, and welfare, maintaining safe military and aircraft operations, and assuring the sustainability of military missions (Okla. Stat. tit. 11, §43-101.1).
Virginia lawmakers enacted legislation in 2006 (HB 975) requiring certain localities to establish a program to purchase, condemn or convert incompatible use property and to prohibit new uses or development deemed incompatible with air operations in Accident Potential Zone 1 (APZ-1) and Clear Zone areas.