Airport Zoning Rules
Proposed revisions
In this rulemaking, the Minnesota Department of Transportation (Department) is proposing amendments to the Minnesota rules governing airport zoning. The proposed amendments are necessary to align the rules with changes to Minn. Stat. Chapter 360. In 2019, the legislature made several changes to Chapter 360 regarding airport zoning, including:
- Revising the process of submission and review of airport zoning regulations based on the commissioner’s standards;
- Replacing language providing for the protection of existing residential neighborhoods (ERNs) in established urban areas with broader language regarding the protection of existing land uses;
- Providing a new process and review criteria for custom airport zoning ordinances;
- Requiring municipal and county comprehensive plans to consider the location and dimension of airport safety zones and include them on maps that illustrate boundaries of zoning districts and that are adopted as official controls; and
- Clarifying the changes to runway lengths or configurations that require an update to an existing airport zoning ordinance.
The proposed rule amendments clarify and make minor modifications to the size, shape, and land use restrictions of the commissioner’s standard for airport safety zoning ordinances. The proposed amendments replace obsolete language regarding ERNs with new language protecting existing land uses as provided in statute. Additionally, the proposed amendments include reformatting to increase the readability of the rules.
The proposed amendments also include new language about the clear zone. Since 1978, it has been the policy of the Department to require that the clear zone (the area immediately adjacent to the runway similar to the Federal Aviation Administration’s Runway Protection Zone (RPZ)) be owned by the airport in fee-simple to be eligible for state funding, with exceptions in the case of routine maintenance, safety, or other considerations unique to the airport and surrounding land use. The dimensions of the clear zone are determined by the type of aircraft served, landing aids available, and approach minimums planned or established. Incorporating the Department’s policy into rules clarifies the requirements for airport projects, clear zone dimensions, and ownership.
Public hearing
The Minnesota Department of Transportation did not receive 25 or more requests for a public hearing during the 30-day comment period. The hearing scheduled for February 22, 2025 has been cancelled. The Department will follow the procedures to adopt the rules without a hearing.
Revision documents
- Dual Notice of Intent to Adopt Rules (full text)(pdf)
- Proposed Rule Amendments (pdf)
- Statement of Need and Reasonableness (pdf)