9-500.28. Disclosure of filings; military electronics range; definition

A. A city or town that contains any portion of a military electronics range as delineated in the military electronics range map prepared by the state land department pursuant to section 37-102 shall notify the office of the installation commander when an application is deemed complete by the city or town to do any of the following within any portion of the military electronics range:

1. Rezone the property.

2. Issue a building or other development permit, including an application for construction or installation of a publicly or privately operated utility, for the property.

3. Subdivide the property or otherwise divide the property, including any land division into five or fewer lots, whether for residential, industrial, commercial or any other use.

B. If the installation chooses to make official comments on the proposed land use change, those comments shall be made in writing and received by the city or town seven days before the first public hearing on the proposed land use change. If the proposed land use change described in subsection A of this section does not require a public hearing, this subsection shall not be construed to allow or require a public hearing by the city or town on written comments by the installation. If the installation chooses not to submit official comments, and if there is a hearing, the city or town shall note at the public hearing on the proposed land use change that the installation has not indicated an objection to the proposed land use change.

C. The city or town shall provide notice to the office of the installation commander pursuant to this section by providing a copy of the application and the relevant documentation that is necessary to adequately describe the proposed land use change as it relates to the military operations at the installation. This documentation shall include a basic outline of the procedures the city or town uses when processing land use change applications and deadlines for submitting official comments.

D. This section shall not be construed to allow or require a city or town to deny any use or occupancy permit, building permit, zoning approval or any other permit, approval or other authorization based on the existence of the military electronics range or its proximity to a parcel of real estate.

E. This section shall not be construed to require a city or town to meet the notification requirements of this section if the state land department has not prepared a map of the military electronics range.

F. For the purposes of this section, " military electronics range" means the geographically defined area in which electronic communication, monitoring or other devices are routinely tested as a part of the military mission of a military installation.