‘i’he Attorney General of Texas
September 26, 1978
JOHN L. HILL
Attorney General
Honorable W. E. Snelson Opinion No. I-I-12 4 7
Chairman
Senate Committee on Intergovernmental Re: Authority of a county
Relations under the Airport Zoning Act.
State Capitol
Austin, Texas 787ll
Dear Senator Snelson:
You have requested our opinion regardii the authority of a county
underthe Airport Zoning Act, article 46e-l-13, V.T.C.S. You state that a land
developer has proposed to build a residential subdivision on land near the
Kingsville Naval Air Station. Ihe Commissioners Court of Kleberg County is
723Wb.SWlb610 concerned that the Navy might be compelled to abandon its use of the air
-Tx77ooz space in the vicinity of the proposed development, or to close the base
n-
entirely. You inquire as to the circumstances under which the commissioners
court may exercise zoning authority over the land.
Article 46e-3 provides, in pertinent part:
0 In order to prevent the creation or establishment
4613HTUlth,SUiWP
of airport hazards, every political subdivision having
#Acubn.lx.76601 an airport hazard withii its territorial limits may
w2mK-647 adopt, administer, and enforce, under the police Rower
and in the manner and upon the conditions hereinafter
prescribed, airport zoning regulations for such airport
hazard area, which regulations may divide such area
into zones, and, within such zones, specify the land
uses permitted and regulate and restrict the height to
which structures and trees may be erected or allowed
to grow.
“Airport hazard” is defined as
any structure or tree or use of land which obstructs
the air space required for the flight of aircraft or
which obstructs or interferes with. the control or
P. 4958
Honorable W. E Snelson - Page 2 (B-1247)
tracking and/or data acquisition in the landing, taking off or
flight at an airport, or at any installation or facility relating
to flight, and tracking and/or data acquisition of flight
craft. . . .
Article 46e-l(2). An “airport” under the statute includes any air facility ‘utilized
by . . . the Government of the United States or any agency thereof in furtherance
of the National Defense. . . .” Article 46e-l(1).
In our opinion, article 46e3 clearly authorizes the Kleberg County
Commissioners Court to adopt airport zoning regulations whenever it deems it
necessary to prevent the creation of an “airport haxard” within its~jurisdiction.
Whether any particular use of land might constitute an airport hazard of-course
requires the consideration of facts which are not before us.
SUMMARY
The Kleberg County Commissioners Court may exercise
zoning authority over land in the vicinity of the’ Kingsville
Naval Air Station if such regulation is necessary to prevent
the establishment of an “airport hazard,” as defined in the
Airport Zoning Act, article 46e-1-13, V.T.C.S.
Attorney General of Texas
APPROVED:
DAVID hl. KENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
P. 4959