160 BNA Park Drive, Suite S20 Nashville, Tennessee 37214 is 618-275-1600 Nashville fiynashville.com International Airport. June 28, 2023 Mr. Byron Hall (via email at Byron.Hall@nashville.gov Interim Director Department of Codes Administration P.O. Box 196300 Nashville, TN 37219-6300 Mr. Keith Durbin (via email at Keith.Durbin@nashville gov) Chief information Officer and Director of Information Technology Services Information Technology Services Department. P.O. Box 196300 Nashville, TN 37219-6300 Ms. Lucy Kempf (via email at Lucy.Kempf@nashville gov) Executive Director Planning Department P.O. Box 196300 Nashville, TN 37219-6300 RE: Implementation of Airport Authority Permit Boundary Dear Messrs. Hall and Durbin and Ms. Kempf. Pursuant to Sections 7 and 9 of Public Chapter No. 488, the Metropolitan Nashville Airport Authority (Authority) is submitting a map to the Metropolitan Government of Nashville and Davidson County (Metro) to regulate aircraft hazards, compatible land use, or other factors impacting the safe and efficient operation of the airport by requiring the review and approval, conditional approval, or denial of building permits within the designated boundaries. Please implement the permit boundary within the Metro permitting and GIS systems, to be effective July 1, 2023. If you have any questions regarding the implementation of this permit boundary, please feel free contact MNAA, AVP, ‘Strategic Planning, Mr. Keith Wilschetz at keith.wilschetz@flynashville.com or (615) 275 — 1643. Sincerely, EVP and Chief Operating Officer Enc: Public Chapter No. 488 Permit Boundary Map Permit Boundary GIS shapefile — 90 Nashville. Page tofPUBLIC CHAPTER NO. 488 [SENATE BILL NO. 1326 By Bailey ‘Substituted fr: House Bi No. 1178 By Garret, Willams, Todd, Lambert, Howell, Gris, Marsh, Cochran, McCalmon, Cpicky [AN ACT to amend Tennessee Code Annotated, Tile 4; Tite §, Chapter 6 and Tite 42, relative to aiport authori BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: ‘SECTION 1. Tennessee Code Annotated, Section 42-4-105(a\1)B), is amended by deleting the subdivision, SECTION 2. Tennessee Code Annotated, Section 42-4-105(d)(1), is amended by deleting tho subdivision and substituting instead the folowing (1) Notwithstanding this section tothe contrary (A) The board of commissioners of the authority in a county having a ‘metropolitan form of government with a population of more than five hundred thousand (600,000), according to the 2020 federal consus or @ subsequent fodoral ‘census, is Vacated and reconstituted to consist of eight (8) commissioners ae follows: {() Two (2) persons to be appointed by the speaker of the house of representatives; {i Two (2) persons to be appointed by the speaker of the senate; {Gl) Two (2) persons to be appointed by the governor, and (iv) Two (2) persons appointed by the mayor ofthe county having the ‘metropolitan form of government: (©) In making appointments to the boar: {() Atleast one (1) person appoint by each appointing authority must be @ resident ofthe county having the metropottan form of government: {One (1) person appointed by each appointing authonty must be a resident of the county, or a county contiguous to the county, having the metropolitan form of government, and (fi) Persons appointed to the board must have no financial intrest in fan sirport or ts concessions atthe time of the commissioners appointment {and during the commissioners tenure on the board; (©) In order to stagger the torms of the newly appointed board, intial appointments are made as follows: () Commissioners appointed under subdivision (dX t)A)) serve initia terms that expire on June 30, 2025; {W) Commissioners appointed under subdivision (4) 1)(A)) serve intial terme that expire on June 30, 2026;88 1926, Commissioners appointed under subdivision (4)(1XAXt) serve Ina terms that expire on June 30, 2027; and (iv) Commissioners appointed under subdivision (6){1AXWv) serve Int terms that expire on June 30, 2028; (0) Following the expiration of @ commission’ inal term, as prescribed in subdivision (4)(1)(C), all teams are four (4) years, to begin on July 1 and terminato on June 30, four (4) years thereafter {€) In making the appointments tothe board, the appointing authortas shalt ‘tive to ensure that () The membership is representative of the geographic and demographic composition ofthe county or state; (i) At feast one (1) commissioner isa femal and (W) Another commissioner is ofa racial minority, (F) In addition to subdivision (4}(1)€), in making the appointments to the board, the appointing authorities shall ensure only that each commissioner is generally a person of excellent character and reputation and a parson in good Standing and reputation in one (1) ofthe following felés: ( Enginesring, with a license to practice in the state and an active practice in such profession forthe preceding fvo (6) yoars; (® Law, with a tcense to practice before the highest court inthis state for a period of not lass than five (5) years; (i) Industry or commerce; and (u) Finance: (G)A commissioner: @ Serves in such capacity until the expiration ofthe term to which the ‘commissioner was appointed and unt the commiscloners successor is duly appointed and qualified, and () May be removed by the commissione’s appointing authoniy with or without cause. A vacancy created by the removal of a commissioner i filed by the appointing authority inthe same manner as the original appointment; (H) In adaition to the reporting requirements under § 42-4-106(4) and (e), the ‘authority shall submit quartery reports or briefings of the acivites, plans, ‘and ‘conditions ofthe authority, and any proposals for capital expansion or improvements to members of the legislative body of the creating municpalty, the goveror, the ‘Speaker of the house of representatives, and the speaker of the senate prior {0 the ‘expansion or Improvements; (1) The authority shall maintain its books and prepare its financial statements In a timely manner satisfactory to the state and pay the state forall costs the state Incurs in reviewing and auditing the authonty’s finances; and ({) The authority is subject to al other provisions of this chapter tothe extent ‘otherwise applicable, except as provided by this section, SECTION 3. Tennessee Code Annotated, Section 42-4-102(a), ls amended by adding the following language at the end of he subsection: ‘The acquisition of any land, or interest in land, pursuant to this chapter, the planning, acquistion, establishment, development, construction, improvement, | maintenance, equipment, operation, regulation, and protection of airports, air navigation facies, and ‘avigation easements, inciuding the acquisition or elimination of airport hazards and tho ‘exercise of any other powers granted inthis chapter to authorities are dectared to be pubic {and governmental functions, exercisod for a public purpose, and matiers of pubio nacossly Aland and other property and privileges acquired and used by or on behalf of an authoritySB 1226 in the manner and forthe purposes enumerated inthis chapter shall and are declared ‘acquired and used for public and governmental purposes and as a matter of public neces SECTION 4, Tennessoe Code Annotated, Section 42-4-106(b), is amended by deleting the subsection and substituting instoad the folowing (b) The president shal appoint, and the board shall confirm, the folowing adltional officers: secretary, audior, lgal counsel, treasurer, and chisf engineer. Notwithstanding this section to the contrary, for a board of commissioners of the authority in a counly having @ ‘metropolitan form of goverment with a population of more than five hundred thousand (600,000), according to the 2020 federal census of a subsequent federal census, the president shall appoint, and the board shall confim, an independent financial auditing fm land the folowing addtional offers: socretary, chief financial ofcer, general counsel, and chiof operating ofcer. SECTION 5. Tennessee Code Annotated, Section 42-4-106(0), is amended by adding the following language as a new subdivision (3) ‘The president shal submit the approved annual operating budget tothe governor, the speaker ofthe house of representatives, and the speaker ofthe senate for review. SECTION 6. Tennessee Code Annotated, Section 42-4-107(3), subdivision and substituting instead the folowing amended by deleting the (8) Acquire real or personal property or an intorest in real or personal property by gif, lease, of purchase, oF for an authonty in a county having a metropoltan form of government with @ population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, by eminent demain proceedings, for any of the purposes provided by this chapter, including the elimination, prevention, oF marking of ‘airport hazards; sel, ease, or otherwise dispose of any such property, and acquire real property of any intrest in real property in aroas most affected by aircraft noise for the purpose of resale or lease, subject 10 restrictions limiting Its use to industrial or other purposes least affected by aircraft noiso: SECTION 7. Tennessee Code Annotated, Section 424-107, Is amended by adding the {ollowing as new subdivisions: (20) Notwitistanding a general law or charter provision to the contrary, an authorty in ‘2 county having a metropolitan form of government with @ population of more than fe hhundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, may regulate aircraft hazards, compatibie land use, or other factors Impacting the safe and efficient operation of the airport by submitting a map to the county or tO an ‘plicable contiguous county that requires the review and approval, conditional approval, of ‘nial of building permits within the designated boundaries: (21) Notwithstanding a goneral law or charter provision to the contrary, an author in ‘county having @ metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census of a subsequent federal census, may construct, authorize, widen, narrow, relocate, vacate, change in the use, ‘accept, acguire, sell, oF lease any streot or other public way, ground, place or space, or public uility, whether publicy oF privately owned, pursuant to an agreed upon bcense ‘agreement or prescriptive or express easement, of any portion thereat. provided, that the ‘authoily owns al ofthe real property abutting the street or other publle way, ground, place or ‘space, or public utility, oF owns all ofthe real property abuting the portions thereof that are to bbe constructed, authorized, widened, narrowed, relocated, vacated, changed In use, ccopted, acquied, $01, or leased! SECTION 8, Tennessee Code Annotated, Section 42-4-108, s amended by designating the ‘existing language as subsection (a) and adding the following as a new subsection (D) (0) Notwithstanding subsection (a) to the contrary, an authority in a county having @ metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal consus or @ subsequent federal census, shall proceed in accordance with tile 29, chapter 16, in tho acquistion of property by eminent ‘domain proceedings authorized by this chapter. For the purpose of making surveys. and ‘examinations relative to eminent domain proceedings, itis lawful for tho authoriy to enter Upon the land, doing no unnecessary damage. Notwithstanding another law to the contrary, ‘an authority may take possession ‘of any” property to be acquired by eminent domain proceedings at any time after the commencement of the proceadings. The authory shall not be precluded from abandoning the proceedings in a case where possession ofthe property$8 1326 has not been taken, oven after a tral jury in circuit court has rendered a verdict as to damages for the property takon and at any time prior to the entry of a final decree disposing Of the entire eminent domain proceedings, SECTION 9. Tennessee Coxe Annotated, Section 42-4-112, fs amended by deleting the section and substituting instead the following ‘This chapter doos not Imit any power of a municipality to regulate airport hazards by zoning. Notwithstanding this section tothe contrary, ina county having @ metropolitan form of {goverment with @ population of more than five hundred thousand (600,000), according to {he 2020 foderal consus or a subsequent federal consus, arport hazards must be regulated pursuant o § 42-8-107(20), SECTION 10. If any provision of this actor its application to any person of ccumstance is held invalid, then the invalidity doos not affect other provisions or applications of the act that can be siven effet without the invalid provision or application, and fo that end, the provsione ofthis act are sSoverable, SECTION 11. For purposes of appointing commissioners to the new airport authoy bosrd, this act takes effect upon becoming a law, the puble welfare requiring f. For all other purposes, Including the vacation and reconstitution of any board, this act takas offect July 1, 2023, the public ‘welfare requiringSENATE BILLNO. 1326 PASSED: April 21, 2023 RA arth SPEAKER OF THE SEN/ a approved this 197 _ day of Mass 2023, BILL LEE, GOVERNORsmtyena'y USGS) Tho Navona! Mi Nato Boundaries Gast, DEP Eval Progr ‘Gooatepie Names lncrmaton Sse Nalonal Hyroaraphy Datsel Wet! ‘Gre Cove Ontae Neto Son Dts Natal area ‘Qasr: USGS Gubsi Ecosystems; U.S. Consus Buea TIGERLine data Raed bata, Natal art Ota &Doparment ol Sat Homanarah ermaten Uni; ahs NOAA National Centers ar Enaronmerialivomaton US. Coastal Nore Oatroeshed Aa 2023. i] AIRPORT OVERLAY ZONE Nashville DAVIDSON COUNTY International JUNE 2023 Airports hy county 7—~eNater f