Public Act 93-0176

HB1338 Enrolled                      LRB093 07122 DRH 07276 b

    AN ACT in relation to air transportation.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  1.  Short  title.  This  Act may be cited as the
County Air Corridor Protection Act.

    Section 5.  Definitions. As used in this Act:
    (a)  "Air Installation Compatible Use Zone  Study"  means
the  study  conducted  by  the  United  States Air Force that
reaffirms the policy of promoting public health, safety,  and
general welfare in the areas surrounding Air Force bases.
    (b)  "Clear  zones  and runway protection zones" mean the
zones  that  have  the  highest  potential  for  an  aircraft
accident among the safety  zones  designated  by  the  United
States Air Force around an Air Force base.
    (c)  "Accident  potential  zones  I" mean the zones that,
other than clear zones and runway protection zones, have  the
highest  potential  for an aircraft accident among the safety
zones designated by the United States Air Force around an Air
Force base.
    (d)  "Accident potential zones II" mean the  zones  that,
other  than  clear  zones  and  runway  protection  zones and
accident potential zones I, have the highest potential for an
aircraft accident among the safety zones established  by  the
United States Air Force around an Air Force base.
    (e)  "Sixty-five  decibel A-weighted noise contour" means
the noise level that has been determined by the United States
Air Force to  result  from  aircraft  operations  and  flight
tracks around an Air Force base.

    Section  10. County land use authority. Any county with a
United States Air Force installation with runways of at least
7,500 feet in length has the authority to protect the  safety
of  the  community by controlling the use of land around that
installation, notwithstanding any ordinance of  or  authority
granted  to any municipality. The county's land use authority
is limited to the area designated  in  the  Air  Installation
Compatible  Use  Zone  Study adopted by the United States Air
Force for that installation and the runways  it  occupies  or
uses.

    Section  15.  County eminent domain powers. If a land use
exists  or  a  municipality  approves  a  land  use  that  is
incompatible with the Air Installation  Compatible  Use  Zone
Study,  and  any portion of the affected land is within areas
designated in the Air Installation Compatible Use Zone  Study
as   clear   zones  and  runway  protection  zones,  accident
potential zones I, or accident  potential  zones  II,  or  is
within  the  65  decibel A-weighted noise contour, the county
may use eminent domain to acquire either the fee simple title
to that portion of the affected land or the  easement  rights
in  that  portion of the affected land that are necessary for
the compatible land use defined under  the  Air  Installation
Compatible  Use  Zone  Study.  If a municipality within those
zones controls the use of land in a  manner  compatible  with
the  Air  Installation  Compatible Use Zone Study, the county
does not have eminent domain authority.

    Section 99.  Effective date. This Act takes  effect  upon
becoming law.