Land Use Planning
State legislatures can promote compatible land use near military installations by ensuring that stakeholders, including the military, are included in the planning process. At least 18 states require at a minimum that local governments notify nearby military installations of proposed land use changes. Some states also allow the military to submit formal comments and participate on zoning boards. States can also limit certain types of development around installations and military airports.
2024 State Examples
- Arizona 2024 HB 2548 (Enacted): Requires, a city, town or county that contains any portion of a military installation, range or Arizona National Guard site or contains any portion of the influence area of such locations, to notify the office of the military installation, range or National Guard commander when outlined land use applications are deemed complete.
- Florida 2024 SB 1720 (Enacted): Adds to an existing list of military installations that require coordination with local government on land use decisions.
Foreign Ownership of Land
Foreign ownership of land in the U.S. has been rising for the past decade. While Canada, the Netherlands, and Italy are the top foreign investors, Chinese entities have been growing their holdings, including in 2022 with the purchase of farmland near a North Dakota military base. This trend raises concerns over issues such as national security, trade and the food supply. In the past two years, at least 200 bills were introduced in 41 states to restrict foreign ownership of U.S. land. The scope of the bills varies. Some are to agricultural land or land near military installations or critical infrastructure, while others affect all real property in the state. Definitions also vary as to what foreign individuals, entities or governments are subject to the restrictions. At least seven bills were considered this year to protect the military mission specifically.
2024 State Examples
- Georgia SB 420 (Enacted): Provides that no nonresident alien may acquire directly or indirectly any possessory interest in agricultural land or land within a specified radius of any military base, military installation, or military airport.
- Nebraska LB 1120 (Enacted): Requires purchaser of covered real estate, defined to include land near military bases, to complete and sign an affidavit stating that such purchaser is not affiliated with any foreign government or nongovernment person determined to be a foreign adversary.
Compatible Energy Development
Although the U.S. Department of Defense is a strong proponent of renewable energy, the department must ensure that wind turbines, solar panels and other infrastructure located on or near military installations are compatible with test and training activities. The Military Aviation and Installation Assurance Siting Clearinghouse provides timely, transparent reviews of proposed energy projects to prevent or minimize operational impacts. Policies that support early notification and inclusion of the DOD in the siting process can save states and localities from unplanned mitigation expenses and permitting obstacles.
2024 State Examples
- Utah 2024 HB 117 (Enacted): Requires the owner of a wind energy facility to undergo the Military Aviation and Installation Assurance Siting Clearinghouse process before commencement of construction on a wind turbine or a wind energy facility and file documentation with the state after a finding of no adverse impact. Provides penalties for noncompliance.
- Washington 2024 SB 6225 (Failed): Prohibits the energy facility site evaluation council and any local government from approving a project permit application for a utility-scale wind energy facility if any part of the facility It located closer than 15 miles from a military installation.
State Investments
State investments in defense communities can support projects related to infrastructure, job creation and retention, compatible land use planning and improvements to public services. Grants or loans may also be used to conduct studies, develop plans in support of a proposed project, or satisfy the “match” requirement to unlock additional federal funds.
2024 State Examples
- New Jersey 2024 AB 514 (Pending): Modifies current business incentive programs consistent with recommendations of the Military Installation Growth and Development Task Force to encourage businesses to undertake innovative projects related to the missions and operations of military installations in the state.
- Virginia 2024 HB 619 (Enacted): Provides that any locality may establish, by ordinance, one or more military centered community zones. Allows the locality to offer unique benefits to businesses looking to locate within a military centered community zone to serve the needs of military personnel.
Concurrent Juvenile Jurisdiction
Military installations subject to exclusive federal jurisdiction often handle juvenile offenses through the federal court system designed for adults. State legislatures have the authority to establish a legal mechanism that would permit juveniles on military installations to be adjudicated in state courts, presumably allowing for more appropriate sentencing and case management outcomes.
2024 State Examples
- Alabama 2024 SB 210 (Enacted): Provides for concurrent jurisdiction with the U.S. over a military installation located within the state in a matter relating to a violation of federal law by a child within the boundaries of that installation if the U.S. Attorney or the U.S. District Court for the applicable district waives exclusive jurisdiction, and the violation of federal law is also a crime under state law.
- Colorado 2024 SB 74 (Enacted): Permits concurrent legislative jurisdiction between the state and the United States over specified U.S. military installation property. Provides that the state accepts the relinquishment of exclusive legislative jurisdiction from the U.S.
Military-Connected Students
Military families may have limited housing options when moving to a new location as part of a permanent change of station. As a result, school and district options for military children can also be limited, particularly when the move occurs after the school year has started.
2024 State Examples
- Kentucky 2024 HB 471 (Enacted): Provides that a child of a military family may pre-enroll or participate in pre-admission in a school district if the parent or guardian of the child is transferred to or is pending transfer to a military installation or to a reserve component within the state while on active military duty pursuant to an official military order. Provides that a school district cannot require such parent or guardian to appear in person for enrollment or course registration.
- Mississippi 2024 HB 1341 (Enacted): Allows children of active members of the U.S. armed forces to attend the school district or school of their choice whether or not the parent or guardian reside on a military base. Excludes the district from providing transportation to such students.
Military Child Care Programs
In many cases, military family child care providers that are certified through Defense Department procedures must also be licensed or registered by the state, even when only caring for military children. There are almost 800 certified family child care providers, the majority of whom are military spouses.
2024 State Examples
- New Mexico 2024 HB 302 (Enacted): Provides exemption from state licensing requirements for child care programs or facilities licensed or certified by the U.S. Department of Defense or U.S. coast guard.
- Virginia 2024 SB 702 (Enacted): Relates to exemption from licensure for certain child day programs. Excepts military child care fee assistance or any child care subsidy paid by a branch of the Armed Forces from the federal funds that would otherwise render a child day program as a publicly funded provider.