North Carolina § 63-79 - Definitions.

§ 63-79. Definitions.

As used in this Article, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent: "Aeronautical facilities" means airports, runways, terminals, hangars and other facilities related thereto; "District" means a special airport district created under the provisions of this Article; "District board" or "board" means a special airport district board established under the provisions of this Article as the governing body of a district; "Governing body" means the board, commission, council or other body, by whatever name it may be known, of a unit of local government in which the general legislative powers thereof are vested; "Unit" or "unit of local government" means counties, cities, towns and incorporated villages. History (1979, c. 689, s. 2.) Editor's Note. - Session Laws 2019-199, s. 3(a)-(e), provides: "(a) Definition. - As used in this section, the term 'Neuse River Basin Airport Rules' means all of the following: "(1) The Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B.0233), including the proposed readoption and recodification as 15A NCAC 02B.0714 adopted by the Environmental Management Commission on March 14, 2019, and approved by the Rules Review Commission on May 16, 2019. "(2) The definition of 'Airport Facilities' in 15A NCAC 2B.0610 adopted by the Environmental Management Commission on March 14, 2019, and approved by the Rules Review Commission on May 16, 2019. "(b) Neuse River Basin Airport Rules. - Until the effective date of the revised permanent rules that the Environmental Management Commission is required to adopt pursuant to subsection (d) of this section, the Commission and the Department of Environmental Quality shall implement the Neuse River Basin Airport Rules as provided in subsection (c) of this section. "(c) Implementation. - The definition of 'Airport Facilities' shall be as follows: "All properties, facilities, buildings, structures, and activities that satisfy or otherwise fall within the scope of one or more of the definitions or uses of the words or phrases 'air navigation facility,' 'airport,' or 'airport protection privileges' under G.S. 63-1; the definition of 'aeronautical facilities' in G.S. 63-79(1); the phrase 'airport facilities' as used in G.S. 159-48(b)(1); the phrase 'aeronautical facilities' as defined in G.S. 159-81 and G.S. 159-97; and the phrase 'airport facilities and improvements' as used in Section 13 of Article V of the North Carolina Constitution. Airport facilities shall include, without limitation, any and all of the following: "(1) The airport and all of its terminals and terminal shops and support buildings. "(2) Runways, taxiways, clear zones, and other paved or unpaved areas, or open or restricted landing areas on the airport. "(3) Airport offices and administrative buildings. "(4) Buildings, structures, equipment, and facilities intended to support aircraft operations, including, without limitation, hangars and other aircraft maintenance buildings, storage buildings or areas, and including, without limitation, anything shown on any airport development plan submitted to the Federal Aviation Administration. "(5) Navigational and signal systems, including any structures, mechanisms, landing lighting and lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport or restricted landing area. "(6) Parking owned or operated by the airport to serve the airport's operations, whether located on the airport or as satellite parking. "(7) Drainage ditches or pipes, stormwater structures, and related stormwater outfalls. "(8) Retail and commercial development outside of the terminal area but located on the airport, including rental car facilities, hotels, industrial facilities, freestanding offices, and other similar buildings constructed on the airport, whether or not owned or operated by the airport. "(9) All appurtenant areas used or suitable for airport buildings or other airport facilities, including all appurtenant rights-of-way. "(10) Easements through, or other interests in, airspace over land or water, interests in airport hazards outside the boundaries of the airport or restricted landing area, and other protection privileges, the acquisition or control of which is necessary to ensure safe approaches to the landing areas of the airport and restricted landing areas and the safe and efficient operation thereof. "(11) Any combination of any or all of such properties, facilities, buildings, structures, activities, and easements. "(d) Additional Rule-Making Authority. - The Commission shall adopt rules to amend the Neuse River Basin Airport Rules (as defined in subsection (a) of this section) consistent with subsection (c) of this section. Notwithstanding G.S. 150B-19(4), the rules adopted by the Commission, pursuant to this section, shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2). "(e) Sunset. - This section expires when permanent rules adopted as required by subsection (d) of this section become effective."