Commission adopts airport overlay ordinance to meet state law but preserves case-by-case review

Duchesne County adopted Ordinance 24-410 on Oct. 7 to create an airport overlay zoning district intended to protect Duchesne Municipal Airport (and mirror work being done for Roosevelt) and to bring the county into compliance with 2023 state legislation (HB206).

County staff presented a draft ordinance that defines airport safety/compatibility zones, identifies uses that may be incompatible (high-density residential, public assembly, material storage and other listed activities), and sets a process for applicants to provide FAA notice-criteria documentation or obtain a FAA determination of no hazard to air navigation. The ordinance does not categorically ban many uses; instead it creates a review process that includes county staff, the city and, where appropriate, the FAA. The draft also includes variance and appeal procedures and clarifies that county land-use authority remains until annexation.

During deliberations, some commissioners and attendees raised concerns that the overlay could reduce property values or limit future growth, including possible implications for long-range county capital projects. Mike (staff) and others said the ordinance was revised from a more restrictive first draft after public and industry comment; changes were made to allow many existing and planned uses to proceed with FAA and city coordination. Industry representatives (Javelin) worked with staff on language clarifying that oil-and-gas production facilities and tanks would be allowed with appropriate review.

Commissioner Kelly moved and the board seconded a motion to adopt planning commission findings and approve Ordinance 24-410. The motion passed unanimously. Commissioners directed staff to circulate the final draft and continue coordination with Duchesne City and the FAA as projects come forward.