You have found the perfect spot for a new neighborhood, office complex, or retail center—only to discover it’s within an Air Installations Compatible Use Zone (AICUZ).
Suddenly, noise levels, building heights, and safety concerns pose unexpected restrictions. An AICUZ is designed to protect both communities and military operations, but it also brings unique challenges for development.
What is an AICUZ?
To promote the health, safety, and welfare of those in the vicinity of airbases and to protect the operational capability of air installations, an AICUZ restricts the types of buildings and activities that can occur around air bases. The creation of an AICUZ typically begins when the Air Force presents an AICUZ study to a local government for its use in land use planning efforts. These studies include detailed analyses of current and future base operations, accident potential, aircraft noise, and land-use compatibility. The local government then implements AICUZ study findings through the adoption of local land use mechanisms, such as zoning, building codes, and comprehensive plans.
Locating Property in an AICUZ
To find out if your property, or a property you hope to purchase, is in an AICUZ, a helpful first step is to check your county’s tax map, which is often accessible via the county’s Geographic Information System (GIS). Searching these online records may indicate where an AICUZ is located and if an AICUZ disclosure statement is associated with your property. GIS information can also show details like accident potential zones and specific noise exposure risks for your property.
Common Compliance Issues with an AICUZ
In AICUZ-designated areas, land use restrictions impact a wide range of property uses and aim to limit incompatible activities. For example, schools, hospitals, and high-density residential buildings may be restricted within an AICUZ to reduce the risk of large gatherings of people or the impact of the associated air noise. Instead, these areas may be more suitable for light industrial, agricultural, or recreational uses that have fewer people on-site and are more resilient to noise.
Once a desired land use is deemed consistent with the AICUZ, various regulations typically apply to the land. Take, for example, someone who plans to develop a shopping center within an AICUZ and intends to sell or lease individual units within it. From the outset, the developer may be required to comply with specific minimum building-to-lot area ratios, which could vary based on the type of business the tenant operates. Then, the developer may need to provide disclosure statements to prospective buyers or tenants, along with a written acknowledgment confirming their awareness of the AICUZ location. Failing to provide these notices can result in civil fines.
Additionally, local governments with an AICUZ may require those expanding existing buildings or constructing new ones to go through a special building plan review process. In the shopping center scenario, the developer must check local ordinances to understand the application process and adhere to any special building requirements, which might include restrictions on building height and types of approved construction materials. Developers may also find that to comply with AICUZ provisions, projects are required to include soundproofing features such as enhanced insulation, specialized windows, and noise barriers – all of which can increase construction costs.
To determine which restrictions apply in your specific AICUZ, consult your city’s or county’s development ordinance for the “table of uses.” This table typically details which residential and commercial developments are acceptable or restricted based on the AICUZ zone the property is located in.
Conclusion
Development on property located in an AICUZ is not impossible, but following the right procedures from the start will help ensure your development plans are ready for takeoff