An airport hazard is a condition, occurrence or activity that endangers the lives and property of users of an airport and of occupants of land and other persons in its vicinity, and also, if of the obstruction type, in effect 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 in it. Therefore:
(1) the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by an airport;
(2) it is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of airport hazards be prevented;
(3) this should be accomplished, to the extent legally possible, by proper exercise of the police power;
(4) the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which county, municipal, or regional authorities may raise and expend public funds, as an incident to the operation of airports, to acquire land or property interests in them; and
(5) in the event of an abatement of an airport hazard on private property by the division under Section 55-5-80 or Section 55-9-280, the division and a local government shall have the ability to seek cost recovery against the person responsible for creating or maintaining the hazard for the actual costs in the removal or abatement of the hazard.
HISTORY: 2012 Act No. 270, Section 4, eff June 18, 2012.
CROSS REFERENCES
Powers and duties of Pee Dee Regional Airport Authority, see Section 55-11-630.
Structure South Carolina Code of Laws
Chapter 9 - South Carolina Airports Act
Section 55-9-20. Intent and construction of chapter.
Section 55-9-30. Establishment of airports.
Section 55-9-40. Land use for aviation deemed a governmental purpose.
Section 55-9-50. Acquisition of land by counties.
Section 55-9-60. Repealed by 1987 Act No. 173, Section 55, eff June 30, 1987.
Section 55-9-70. Acquisition of property by condemnation or otherwise.
Section 55-9-80. Air rights over private property.
Section 55-9-90. Safety markers and lights.
Section 55-9-100 to 55-9-180. Repealed by 1987 Act No. 173, Section 55.
Section 55-9-190. Powers as to airports and landing fields.
Section 55-9-200. Manner of raising money for purchase price or award.
Section 55-9-230. Local police regulations.
Section 55-9-240. Zoning of land surrounding certain airports.
Section 55-9-250. Airport hazards.
Section 55-9-290. Actions in equity maintained by the division to restrain or abate airport hazards.
Section 55-9-300. Incorporation of airport hazard area regulations.
Section 55-9-310. Conflict between zoning regulations.
Section 55-9-320. Procedure for adopting, amending, and repealing zoning regulations.
Section 55-9-330. Airport zoning regulations; permitted content.
Section 55-9-340. Variances from airport zoning regulations.
Section 55-9-360. Administration and enforcement of airport regulations.