House File 2147 - Introduced HOUSE FILE 2147 BY FREVERT A BILL FOR An Act requiring airport notification and a determination 1 regarding the existence of an airport hazard prior to 2 the construction of a wind energy system within specified 3 distances. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6027YH (2) 83 rn/nh
H.F. 2147 Section 1. Section 329.10, Code 2009, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4. a. Airport zoning regulations adopted 3 under this chapter, and zoning ordinances adopted under 4 chapters 335 and 414, shall require any person desiring to 5 construct a wind energy system to notify an airport located 6 within five miles of the proposed construction site of the 7 proposed construction prior to commencing construction, and to 8 ascertain that the proposed construction does not constitute 9 an airport hazard. 10 b. For the purposes of this section, “wind energy system” 11 means a wind energy conversion system consisting of a wind 12 turbine, a tower, and associated control or conversion 13 electronics. 14 EXPLANATION 15 This bill provides that airport zoning regulations adopted 16 under Code chapter 329, and zoning ordinances adopted under 17 Code chapters 335 and 414 by a city and a county, respectively, 18 shall require any person desiring to construct a wind energy 19 system to notify an airport located within five miles of the 20 proposed construction site of the proposed construction prior 21 to commencing construction. The bill also provides that the 22 person prior to construction shall ascertain that the proposed 23 construction does not constitute an airport hazard. Code 24 section 329.1, subsection 2, defines an airport hazard to 25 mean any structure or tree or use of land which would exceed 26 specified federal obstruction standards and which obstructs 27 the air space required for the flight of aircraft and landing 28 or take-off at an airport or is otherwise hazardous to such 29 landing or taking off of aircraft. 30 The bill defines a wind energy system to mean a wind energy 31 conversion system consisting of a wind turbine, a tower, and 32 associated control or conversion electronics. 33 -1- LSB 6027YH (2) 83 rn/nh 1/ 1