(a) The Legislature finds that an airport hazard endangers the lives and property of the general public, the users of airports, and the occupants of land in their vicinity, and reduces the size of the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, the creation, establishment, or maintenance of an airport hazard is a public nuisance and harms the community served by the affected airport; it is therefore necessary in the interest of the public health and safety and general welfare that the creation or establishment of airport hazards be prevented and both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, abatement, or marking or lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property rights therein.
(b) The department shall formulate, adopt, and revise airport approach plans for each public use airport in this state. Each airport approach plan shall determine and indicate the circumstances in which structures and trees are airport hazards, the airport hazard area within which measures for the protection of the airport's aerial approaches should be taken, and what the height limits and other objectives of measures should be taken. In adopting or revising a plan, the department shall consider, among other factors, the character of the flying operations to be conducted at the airport, the nature of the terrain, the height of existing structures and trees above the elevation of the airport, and the possibility of lowering or removing existing structures that create an airport hazard. The department may obtain and consider the views or findings of the agency of the federal government charged with the fostering of civil aeronautics, as to the aerial approaches necessary to the safe flying operations at the airport.
(c) In the interest of protecting the public health and safety and general welfare, the department may declare or set aside airspace reservations over specific land and water areas.
Structure Code of Alabama
Title 23 - Highways, Roads, Bridges and Ferries.
Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally.
Section 23-1-350 - Purpose of Article.
Section 23-1-352 - Definitions.
Section 23-1-353 - Transfer of Personnel.
Section 23-1-355 - Aeronautics Commission - Responsibilities.
Section 23-1-356 - Aeronautics Commission - Meetings; Election of Officers.
Section 23-1-358 - Director - Powers and Duties Generally.
Section 23-1-359 - Authority and Procedure for Adoption of Rules and Regulations.
Section 23-1-364 - State Airports Development Fund.
Section 23-1-365 - Disposition and Disbursement of State Airports Development Fund and Other Funds.
Section 23-1-367 - Enforcement of Aeronautics Law; Enforcement Powers Generally.
Section 23-1-370 - Intervention in Certain Controversies.
Section 23-1-371 - Formulation, Adoption, of Aircraft Approach Plans; Airspace Reservations.
Section 23-1-372 - Approval of Sites and Licensing of Airports.
Section 23-1-377 - Exceptions.
Section 23-1-379 - Acquisition of Easements and Other Airport Protection Privileges.
Section 23-1-380 - Exercise of Power of Eminent Domain.
Section 23-1-383 - Jurisdiction of Crimes and Torts; State, Municipal, Immunity From Liability.
Section 23-1-384 - Contracts Made During Flight.
Section 23-1-385 - Domestic Animals or Fowl on Airports.
Section 23-1-386 - Trespass Upon and Operation of Vehicles on Airports.
Section 23-1-387 - Use of Aircraft for Hunting, Prohibited.
Section 23-1-388 - Reckless Operation of Aircraft.
Section 23-1-389 - Unauthorized Use, Possession, etc., of Aircraft.
Section 23-1-390 - Penalties for Violation of This Article.
Section 23-1-391 - Effective Date of Transfer of Balances, Funds.