IN GENERAL

Houston Code of Ordinances ch. 9, art. VII, div. 1

in effect

Houston Code of Ordinances § 9-701 Applicability.

Sec. 9-701. - Applicability. The provisions of this article shall apply within an airport hazard area, whether located within or outside the city. No land, body of water, structure or object of natural growth shall be used or permitted to be used, no structure or object of natural growth shall be erected, constructed, moved, reconstructed, structurally altered or maintained, nor shall any electronic emissions, visual effect, or other objects or activities which could adversely affect the operation of aircraft be permitted, for any purpose except in compliance with the terms of this article. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-702 Definitions.

Sec. 9-702. - Definitions. As used in this article, these words and phrases shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning. All words and phrases not defined shall have their common meaning. Airport means George Bush Intercontinental Airport/Houston (IAH), William P. Hobby Airport (HOU) or Ellington Airport (EFD), as described by any current or future plans of HAS. Airport commission means the airport zoning commission described in Chapter 241 that is charged with making recommendations to the city council on regulations and boundaries, and performing other tasks delegated to it in accordance with state law in the implementation of this article. Airport hazard means any permanent or temporary structure or proposed structure; any addition to or alteration of an existing structure; any object of natural growth; or any electronic emission or visual effect, that obstructs or limits, or has the potential to obstruct or limit, the operation of aircraft to, from or in the vicinity of, any airport, including, but not limited to: (1) Anything that obstructs the air space required for the taking off, landing or maneuvering of aircraft; (2) Anything that interferes with visual, radar, radio or other systems for tracking, acquiring data relating to, monitoring or controlling aircraft; (3) Anything tending to destroy or impair the utility of any airport; (4) Anything constituting an obstruction to air navigation, as defined in section 77.21 et seq. of Part 77; or (5) Anything that is found to be a hazard to air navigation or a presumed hazard to air navigation as a result of an aeronautical study conducted by the FAA pursuant to section 77.31 et seq. of Part 77. Airport hazard area means the areas described in section 9-706 of this Code. Airport hazard area permit or AHA permit means a permit issued by the department for regulated activities within an airport hazard area. Airport hazard notification surface means any of the following surfaces: (1) Primary notification surface, which is a slope of 100 feet horizontal to one foot vertical for a distance of 20,000 feet from the nearest point of each runway at each airport, or any TERPS surface that is lower at any point than this slope; (2) Secondary notification surface, which is a surface that would be penetrated by a structure or an object of natural growth that is 200 feet above ground level at any given location within the city or in an air hazard area; (3) Special one engine inoperative surface, which is a one-engine inoperative surface at any airport that is lower at any point than any other surface established by or pursuant to FAA regulation. Board of adjustment or board means the board charged with hearing requests to reverse an order, requirement, decision, or determination of the director and deciding matters that are delegated to the board pursuant to this article. Chapter 241 means Chapter 241 of the Texas Local Government Code, as it may be amended from time to time. Composite perimeter means a perimeter line delineating the outer boundary of the combined TERPS surface, Part 77 surface, one engine inoperative surface and airport hazard notification surface at IAH, and at HOU/EFD combined, as those surfaces exist as of December 16, 2009 or may hereafter be established, and as shown on the official airport hazard area maps. Development plat has the meaning ascribed in section 42-1 of this Code or as provided in an interlocal agreement for land located outside the city. Form 7460-1 means the form identified in section 77.17 of Part 77. Nonconformity means any airport hazard that penetrates any airport hazard notification surface and that legally exists as of March 1, 2010. One engine inoperative surface means any surface established at each airport in accordance with FAA requirements to permit the safe operation of air carrier aircraft in the event of loss of engine power on takeoff. Part 77 means Part 77 of the FAA regulations in Title 14, Code of Federal Regulations as it now exists or may hereafter be amended. Part 77 surfaces means those surfaces identified in section 77.25 of Part 77. Structure means anything that is built, constructed or erected, whether temporary or permanent, including, but not limited to, cranes and drilling rigs. Subdivision plat has the meaning ascribed in section 42-1 of this Code, or as provided in an interlocal agreement for land located outside the city. TERPS means one or more terminal instrument procedures surfaces established by FAA orders to protect aircraft on approach to and departure from, or operations in the vicinity of each airport. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-703 Essential community purpose.

Sec. 9-703. - Essential community purpose. The airports are used in the interest of the public to the benefit of the city and fulfill an essential community purpose. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-704 Other jurisdictions' regulations; interlocal agreements.

Sec. 9-704. - Other jurisdictions' regulations; interlocal agreements. (a) Each municipality or county whose jurisdiction includes land within an airport hazard area may coordinate with the city to adopt an ordinance, order, or appropriate regulation consistent with this article, including airport hazard area regulations and maps, and provisions regarding the enforcement and administration thereof, or may enter into an interlocal agreement with the city pursuant to Chapter 791, Texas Government Code. (b) If a municipality or county whose jurisdiction includes land within an airport hazard area does not enter into an interlocal agreement with the city, or adopt an ordinance, order or regulation consistent with this article, the city reserves its rights to enforce the terms of this article, as well as all rights granted to the city under Chapter 241 in the airport hazard area within that jurisdiction. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-705 Cumulative effect.

Sec. 9-705. - Cumulative effect. (a) The provisions of this article are cumulative of all other requirements of this Code and other laws and regulations of the city, including, without limitation, the Construction Code, the Fire Code and the Houston Public Works Infrastructure Design Manual, as well as all applicable state and federal laws and regulations. Compliance with this article does not excuse compliance with any other law or regulation, and persons who are not required to obtain a permit pursuant to this article shall nevertheless obtain any other permits, licenses, and authorizations required by law. (b) For land located outside the city, the provisions of this article are cumulative of the requirements imposed by ordinances or other laws and regulations of a municipality or county whose jurisdiction extends to land within an airport hazard area. (c) If a conflict exists between this article and any other city ordinance or regulation, or an ordinance or regulation of another municipality or county whose jurisdiction extends to land within an airport hazard area, the provisions of this article shall control. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010; Ord. No. 2018-11, § 9, 1-10-2018)

Houston Code of Ordinances § 9-706 Airport hazard areas.

Sec. 9-706. - Airport hazard areas. (a) The following airport hazard areas are hereby established: (1) The land area within the IAH composite perimeter; (2) The land area within the HOU/EFD combined composite perimeter; (3) Airspace at or above 200 feet above ground level within the city; and (4) Any area within the city on which an object or activity described in section 9-709 of this Code exists or is proposed. (b) The director shall determine the location or character of an airport hazard area or other feature on an airport hazard area map in the event of any question or dispute with respect thereto. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-707 Airport hazard area maps.

Sec. 9-707. - Airport hazard area maps. The city council has adopted an official airport hazard area map for IAH and an official airport hazard area map for HOU/EFD combined, which shall be used to implement this article. The maps may be amended in accordance with Chapter 241. The official airport hazard area maps shall be maintained on file in the office of the city secretary, with a copy available at the department. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-708 Notice on plats; affidavit when no subdivision plat required.

Sec. 9-708. - Notice on plats; affidavit when no subdivision plat required. (a) Subdivisions requiring subdivision plat. The recorded subdivision plat of any land located wholly or partially within an airport hazard area shall include on its face the following statement: NOTICE: Individual lots or parcels within this subdivision may be located in an airport hazard area and may be subject to height or use restrictions. (b) For construction on land not requiring subdivision plat. Prior to the issuance of a permit for construction on or development of property located within any airport hazard area that has been platted prior to the effective date of this article, or that is not otherwise required to be platted, an affidavit in the form prescribed by the planning director shall be executed by the owners of the property setting forth, at a minimum, the notice language set forth in section 9-708(a) of this Code. The department shall record the affidavit in the real property records in the county in which the property is located, at the expense of the affiant. (c) Prior to the use of any affidavit form, the city attorney or his designee shall review and approve the affidavit form for legal sufficiency. The affidavit form shall be attached to the permit application as a part thereof, shall include but not be limited to a description of the type of structure or activity for which the permit application is being made and any exhibits referred to therein, and shall be properly sworn to and subscribed before a notary public. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-709 Objects or activities that could adversely affect the operation of aircraft.

Sec. 9-709. - Objects or activities that could adversely affect the operation of aircraft. It shall be unlawful to create or maintain any electronic emission, visual effect or other object or activity in an airport hazard area that adversely affects the operation of aircraft. Upon receipt of a written notice of violation of this section from the director, the owner of the source of the electronic emission, visual effect or other object or activity shall immediately cease the emission, alter or remove the visual effect or other object or cease the activity. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-710 Objects of natural growth.

Sec. 9-710. - Objects of natural growth. It shall be unlawful to plant or permit to grow any object of natural growth whose typical height at maturity will penetrate any airport hazard notification surface. The owner of any object of natural growth shall immediately remove the object of natural growth upon receipt of a written notice of violation of this section from the director. It shall be an affirmative defense to prosecution under this article that the object of natural growth does not penetrate an airport hazard notification surface. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-711 Continuation of nonconformity.

Sec. 9-711. - Continuation of nonconformity. A nonconformity may be continued as it existed on March 1, 2010, but may not be enlarged or expanded unless in compliance with this article and other city requirements. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-712 Restoration of partially destroyed structure.

Sec. 9-712. - Restoration of partially destroyed structure. Nothing in this article shall prevent the repair or restoration, and continued occupancy or use, of any nonconforming structure destroyed to the extent of not more than 51 percent of its appraised market value, by fire, explosion or other casualty, natural disaster or other act of God or the public enemy. For purposes of this section, appraisal district records shall constitute prima facie proof of appraised market value. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-713 Mitigation of nonconformity.

Sec. 9-713. - Mitigation of nonconformity. (a) The owner of a nonconformity shall allow the installation, maintenance and operation of markers and lights, in accordance with FAA standards, deemed necessary by the department or the FAA to identify airport hazards. (b) The owner of a tree or other object of natural growth that penetrates an airport hazard notification surface shall allow the department to lower or remove the tree or other object of natural growth to bring it into conformity with the requirements of this article. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH9AV_ARTVIIAIHAARRE_DIV1INGEFetched: 10/26/2026