Appendix B. AIRPORT ZONING REGULATIONS  

Joint Airport Safety Board Hazard Zoning Regulations

Regulating and restricting the height of structures and objects of natural growth and otherwise regulating the use of property in the vicinity of Houston Executive Airport, Fort Bend County, Waller County, Cities of Katy, Brookshire and Fulshear, Texas, by creating the appropriate zones and establishing the boundaries thereof; providing for restrictions of such zones and the enforcement of such restrictions; defining certain terms used herein; referring to Houston Executive Airport Hazard Zoning Map prepared by Garver Engineers, dated May 2008, which is incorporated in and made a part of these regulations; providing for a board of adjustment; and imposing penalties.

Whereas, these regulations are adopted pursuant to the authority conferred by the Airport Zoning Act, Texas Local Government Code, § 241.001 et seq.

Whereas, the Legislature of the State of Texas finds that:

1.

An airport hazard endangers the lives and property of users of the airport and of occupants of land in the vicinity of the airport;

2.

An airport hazard that is an obstruction reduces the size of the area available for the landing, taking off, and maneuvering of aircraft, tending to destroy or impair the utility of the airport and the public investment in the airport;

3.

The creation of an airport hazard is a public nuisance and an injury to the community served by the airport affected by the hazard;

4.

It is necessary in the interest of the public health, public safety, and general welfare to prevent the creation of an airport hazard;

5.

The creation of an airport hazard should be prevented, to the extent legally possible, by the exercise of the police power without compensation; and

6.

The prevention of the creation of an airport hazard and the elimination, the removal, the alteration, the mitigation, or the marking and lighting of an airport hazard are public purposes for which a political subdivision may raise and spend public funds and acquire land or interests in land.

Accordingly, it is declared that area benefits from the use of Houston Executive Airport, which by deed restriction filed pursuant to Texas Tax Code 23.91 et seq., permits Houston Executive Airport to be used by the public to an extent that the airport fulfills an essential community purpose; therefore, Houston Executive Airport is used in the interest of the public.

Therefore, be it ordered by the Joint Airport Safety Board, established by the Commissioners Court of Fort Bend and Waller County, cities of Katy, Brookshire, and Fulshear, Texas: