MCAS Miramar Airport Land Use Compatibility Plan - San Diego ...

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APPENDIX ASTATE LAWS RELATED TO AIRPORT LAND USE PLANNINGAERONAUTICS LAWPUBLIC UTILITIES CODEDivision 9, Part 1Chapter 3—Regulation of Aeronautics(excerpts)21402. Ownership; Prohibited Use of AirspaceThe ownership of the space above the land and waters of this State is vested in the several owners ofthe surface beneath, subject to the right of flight; provided, that any use of property in conformity withan original zone of approach of an airport shall not be rendered unlawful by reason of a change in suchzone of approach.21403. Lawful Flight; Flight Within Airport Approach Zone(a) Flight in aircraft over the land and waters of this state is lawful, unless at altitudes below thoseprescribed by federal authority, or unless conducted so as to be imminently dangerous to personsor property lawfully on the land or water beneath. The landing of an aircraft on the land or watersof another, without his or her consent, is unlawful except in the case of a forced landing orpursuant to Section 21662.1. The owner, lessee, or operator of the aircraft is liable, as provided bylaw, for damages caused by a forced landing.(b) The landing, takeoff, or taxiing of an aircraft on a public freeway, highway, road, or street isunlawful except in the following cases:(1) A forced landing.(2) A landing during a natural disaster or other public emergency if the landing has received priorapproval from the public agency having primary jurisdiction over traffic upon the freeway,highway, road, or street.(3) When the landing, takeoff, or taxiing has received prior approval from the public agencyhaving primary jurisdiction over traffic upon the freeway, highway, road or street.The prosecution bears the burden of proving that none of the exceptions apply to the act which isalleged to be unlawful.(c) The right of flight in aircraft includes the right of safe access to public airports, which includes theright of flight within the zone of approach of any public airport without restriction or hazard. Thezone of approach of an airport shall conform to the specifications of Part 77 of the FederalAviation Regulations of the Federal Aviation Administration, Department of Transportation.A–16 MCAS Miramar Airport Land Use Compatibility Plan (Adopted October 2008)
STATE LAWS RELATED TO AIRPORT LAND USE PLANNINGAPPENDIX AAERONAUTICS LAWPUBLIC UTILITIES CODEDivision 9, Part 1Chapter 4—Airports and Air Navigation FacilitiesArticle 2.7—Regulation of Obstructions(excerpts)21655. Proposed Site for Construction of State Building Within Two Miles of AirportBoundaryNotwithstanding any other provision of law, if the proposed site of any state building or otherenclosure is within two miles, measured by air line, of that point on an airport runway, or runwayproposed by an airport master plan, which is nearest the site, the state agency or office which proposesto construct the building or other enclosure shall, before acquiring title to property for the new statebuilding or other enclosure site or for an addition to a present site, notify the Department ofTransportation, in writing, of the proposed acquisition. The department shall investigate the proposedsite and, within 30 working days after receipt of the notice, shall submit to the state agency or officewhich proposes to construct the building or other enclosure a written report of the investigation and itsrecommendations concerning acquisition of the site.If the report of the department does not favor acquisition of the site, no state funds shall be expendedfor the acquisition of the new state building or other enclosure site, or the expansion of the present site,or for the construction of the state building or other enclosure, provided that the provisions of thissection shall not affect title to real property once it is acquired.21658. Construction of Utility Pole or Line in Vicinity of Aircraft Landing AreaNo public utility shall construct any pole, pole line, distribution or transmission tower, or tower line, orsubstation structure in the vicinity of the exterior boundary of an aircraft landing area of any airportopen to public use, in a location with respect to the airport and at a height so as to constitute anobstruction to air navigation, as an obstruction is defined in accordance with Part 77 of the FederalAviation Regulations, Federal Aviation Administration, or any corresponding rules or regulations of theFederal Aviation Administration, unless the Federal Aviation Administration has determined that thepole, line, tower, or structure does not constitute a hazard to air navigation. This section shall not applyto existing poles, lines, towers, or structures or to the repair, replacement, or reconstruction thereof ifthe original height is not materially exceeded and this section shall not apply unless just compensationshall have first been paid to the public utility by the owner of any airport for any property or propertyrights which would be taken or damaged hereby.21659. Hazards Near Airports Prohibited(a) No person shall construct or alter any structure or permit any natural growth to grow at a heightwhich exceeds the obstruction standards set forth in the regulations of the Federal AviationAdministration relating to objects affecting navigable airspace contained in Title 14 of the Code ofMCAS Miramar Airport Land Use Compatibility Plan (Adopted October 2008) A–17
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San Diego County Regional Airport A
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TABLE OF CONTENTS3.6 Overflight Com
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Chapter 1Introduction1.1 OVERVIEW O
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INTRODUCTION CHAPTER 1LimitationsTh
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INTRODUCTION CHAPTER 1guidance for
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INTRODUCTION CHAPTER 1implementing
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Chapter 2Airport Land Use Commissio
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AIRPORT LAND USE COMMISSION POLICIE
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Chapter 3MCAS MiramarPolicies and M
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MCAS MIRAMAR POLICIES AND MAPS CHAP
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CHAPTER 3MCAS MIRAMAR POLICIES AND
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CHAPTER 3 MCAS MIRAMAR POLICIES AND
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Page 119 and 120: A P P E N D I X AState Laws Related
Page 121 and 122: STATE LAWS RELATED TO AIRPORT LAND
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Page 163 and 164: FEDERAL AVIATION REGULATIONS PART 7
Page 179 and 180: A P P E N D I X CAirport Land Use C
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AIRPORT LAND USE COMPATIBILITY CONC
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A P P E N D I X DMethods for Determ
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METHODS FOR DETERMINING CONCENTRATI
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A P P E N D I XGeneral Plan Consist
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A P P E N D I X FSample Implementat
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SAMPLE IMPLEMENTATION DOCUMENTSAPPE
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A P P E N D I XGOn-Line Implementat
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APPENDIX HGLOSSARY OF TERMSAirport
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APPENDIX HGLOSSARY OF TERMSEasement
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APPENDIX HGLOSSARY OF TERMSNoise Le
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APPENDIX HGLOSSARY OF TERMSregulati
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