Current Status Introducing Body:House Bill Number:4709 Primary Sponsor:Phillips Type of Legislation:GB Subject:Airport property, improvements to Residing Body:House Date Tabled:19940601 Computer Document Number:JIC/5473HC.94 Introduced Date:19940209 Last History Body:House Last History Date:19940601 Last History Type:Tabled Scope of Legislation:Statewide All Sponsors:Phillips McKay Kinon Harwell Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4709 House 19940601 Tabled
4709 House 19940526 Debate adjourned until
Tuesday, 19940531
4709 House 19940526 Objection withdrawn by Trotter
Representative
4709 House 19940525 Objection withdrawn by Robinson
Representative
4709 House 19940518 Objection withdrawn by Witherspoon
Representative Kelley
Keegan
4709 House 19940518 Objection withdrawn by Harrell
Representative Fulmer
Holt
4709 House 19940517 Objection by Representative Holt
Kelley
Witherspoon
Hallman
Harrell
McLeod
Fulmer
Trotter
Robinson
Keegan
4709 House 19940426 Committee Report: Favorable 21
with amendment
4709 House 19940209 Introduced, read first time, 21
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 26, 1994
H. 4709
S. Printed 4/26/94--H.
Read the first time February 9, 1994.
To whom was referred a Bill (H. 4709), to amend the Code of Laws of South Carolina, 1976, by adding Section 55-9-250 so as to provide that improvements to property located within a five-mile perimeter around a publicly-owned airport receiving state funds, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 55-9-240 of the 1976 Code, as last amended by Section 1289, Act 181 of 1993, is further amended to read:
"Section 55-9-240. All land surrounding a five mile radius of public publicly-owned airports in this State, which are funded partially or wholly by this State, shall must be zoned by the appropriate county, or municipal or regional authorities, pursuant to the zoning authority under Chapter 29 of Title 6, so as to conform with pertinent regulations of the Federal Aviation Administration, Department of Transportation, and Division of Aeronautics of the South Carolina Department of Commerce. Zoning ordinances implemented in accordance with this section, at a minimum, must regulate the construction of improvements on lands within a zoning district that may constitute a hazard to aviation as determined by the Division of Aeronautics of the Department of Commerce or the Federal Aviation Administration."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
OLIN R. PHILLIPS, for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-9-250 SO AS TO PROVIDE THAT IMPROVEMENTS TO PROPERTY LOCATED WITHIN A FIVE-MILE PERIMETER AROUND A PUBLICLY-OWNED AIRPORT RECEIVING STATE FUNDS MUST BE APPROVED BY THE GOVERNING BODY CHARGED BY LAW WITH THE OPERATION OF THE AIRPORT IF THE IMPROVEMENT CONSTITUTES A HAZARD TO AVIATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 9, Title 55 of the 1976 Code is amended by adding:
"Section 55-9-250. No person may commence construction of an improvement that may represent a hazard to aviation on land located within five miles of the perimeter of a publicly-owned airport receiving any state funds without first having obtained the permission of the governing body charged by law with operating the airport. The governing body shall consult with the Division of Aeronautics of the Department of Commerce for advice in determining those improvements that constitute a hazard to aviation and shall deny construction permission for any improvement that constitutes such a hazard. Any person aggrieved by the action of a governing body pursuant to this section may appeal to the administrative law judge division."
SECTION 2. This act takes effect on the first day of the third month following approval by the Governor and applies with respect to improvements constructed on or after that date.