(A) Future uses. No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted, or otherwise established, in any airport approach zone, airport turning zone, or airport transition zone, unless a permit therefor shall have been applied for and granted. Each application shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If the determination is in the affirmative, the permit applied for shall be granted.
(B) Existing uses. Before any existing use, structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher or replanted, within any airport approach zone, airport turning zone or airport transition zone, a permit must be secured authorizing the replacement, change or repair. No such permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to be made or become higher, or become a greater hazard to air navigation, than it was on April 15, 1950, or than it is when the application for a permit is made. Except as indicated, all applications for a permit for replacement, change or repair of existing use, structure or tree shall be granted.
(1981 Code, § 4-22)
Statutory reference:
Permits under regulations pursuant to the municipal airport zoning law, see NMSA § 3-39-21