Commissioner Miles seconded the motion. Commissioner Killian voted aye, and Commissioner Miles voted aye. The motion passed.

Commissioner Killian made a motion to recess until the 1:30 p.m. public hearing. Commissioner Miles seconded the motion. Commissioner Killian voted aye, and Commissioner Miles voted aye. The motion passed.

Commissioner Greg Miles, Commissioner Tracy Killian, Deputy Attorney Tyler Allred, Community Development Director Mike Hyde, Community Development Deputy Director Mike Gottfredson, Mike Hawley with Jones & DeMille Engineering, Community Development Zoning Specialist Shon McKinnon, and Commission Executive Assistant Melissa Hughes is taking the meeting minutes.

Present via Zoom – JD Kesler

Absent – Commissioner Irene Hansen

Commissioner Miles opened the public hearing.

Community Development Director Mike Hyde presented the ordinance and explained that Duchesne County proposes to amend its zoning ordinance to establish an airport overlay zoning district to protect the Duchesne Municipal Airport from incompatible uses. This action is required pursuant to House Bill 206, passed in the 2023 Utah General Legislative Session. The proposal would apply additional land use restrictions to real property (under county jurisdiction, not within the Duchesne City limits) within several defined airport zones with a goal of discouraging development that could result in noise complaints or mass casualties in the event of a crash. The ordinance would also regulate the heights of buildings and other features to prevent hazardous obstructions to navigation.

The legislation gave counties until December 31, 2024, to bring their zoning ordinances into compliance. If the County fails to adopt an airport overlay zone by that deadline, the following requirements shall apply in an “airport influence area” (within 5,000 feet of a runway):

(a) The County must notify a person building on or developing land within an airport influence area, in writing, of aircraft overflights and associated noise;

(b) The County must, as a condition to granting a building permit, subdivision plat, or a requested zoning change within an airport influence area, require the person building or developing land to grant or sell to the airport owner at appraised fair market value, and avigation easement; and

(c) The County must require that a person building or developing land within an airport influence area conform to the requirements of Title 72, Chapter 10 of the Utah Code (Utah Aeronautics Act) and 14 C.F.R. Part 77; and

The proposed ordinance was prepared with assistance from JUB Engineering, which prepared a recent update of the Duchesne Municipal Airport Master Plan, which is required by the FAA and enables the City to continue receiving FAA funds to operate and maintain the airport.

At the May 1 Planning Commission and May 13 County Commission public hearings, concerns were raised about the plans for public and private development around the airport; including oil and gas development. The proposed ordinance has been amended to allow “airport compatible land uses” provided the FAA issues a “Determination of No Hazard to Air Avigation” or verifies that the proposal falls below their notice criteria. Moon Lake Electric recently received such a determination for their proposed new facility on the east side of Highway 87, northwest of the airport. Additional concerns raised by the energy industry at the September 4, 2024, Planning Commission meeting have been addressed.