A. Whenever any political subdivision of the state owns and operates an airport which is located within the jurisdiction of any other political subdivision or whose approach plan area is within the jurisdiction of any other political subdivision, the political subdivision owning and operating the airport may create a joint airport zoning board composed of two members appointed by the political subdivision owning and operating the airport, two members appointed by any political subdivision within whose jurisdiction the airport lies or the approach plan extends and one member selected by the other members within thirty days after the joint airport zoning board is created.

B. Within sixty days of being requested in writing by the political subdivision which owns and operates an airport to appoint members to the joint airport zoning board, any political subdivision which has jurisdiction over the area where the airport is located or the approach plan area for the airport shall appoint the required two members to the joint airport zoning board. After the sixty day period has passed and until the required appointment is made, the failure of any political subdivision within whose jurisdiction the airport lies or the approach plan extends to appoint any members to the joint airport zoning board shall not invalidate any action taken by the joint airport zoning board to implement and enforce the municipal airport zoning laws.

History: 1953 Comp., § 44-2-11, enacted by Laws 1965, ch. 308, § 1; 1989, ch. 365, § 1.

Cross references. — For the Municipal Airport Law, see 3-39-1 NMSA 1978 et seq.

For the Municipal Airport Zoning Law, see 3-39-16 NMSA 1978 et seq.

For authority of boards of county commissioners to establish airports, see 4-38-31 NMSA 1978.

The 1989 amendment, effective June 16, 1989, added the subsection designations and, in Subsection B, added the present first sentence, while adding all of the language of the present second sentence preceding "the failure".

Am. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation §§ 48 to 54.

Validity of municipal regulation of aircraft flight paths or altitudes, 36 A.L.R.3d 1314.

Zoning regulations limiting use of property near airport as taking of property, 18 A.L.R.4th 542.

Liability of owner of wires, poles, or structures struck by aircraft for resulting injury or damage, 49 A.L.R.5th 659.

2A C.J.S. Aeronautics and Aerospace § 58.