Pennsylvania Consolidated Statutes

74 Pa. Cons. Stat. § 5912 (2026)

Power to adopt airport zoning regulations.

✓ current as of May 2026

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§ 5912. Power to adopt airport zoning regulations.

(a) General rule.--In order to prevent the creation or establishment of airport hazards, every municipality having an airport hazard area within its territorial limits shall adopt, administer and enforce, under the police power and in the manner and upon the conditions prescribed in this subchapter and in applicable zoning law unless clearly inconsistent with this subchapter, airport zoning regulations for such airport hazard area. The regulations may divide the area into zones and, within the zones, specify the land uses permitted and regulate and restrict the height to which structures may be erected or objects of natural growth may be allowed to grow. A municipality which includes an airport hazard area created by the location of a public airport is required to adopt, administer and enforce zoning ordinances pursuant to this subchapter if the existing comprehensive zoning ordinance for the municipality does not provide for the land uses permitted and regulate and restrict the height to which structures may be erected or objects of natural growth may be allowed to grow in an airport hazard area.

(b) Joint airport zoning board.--Where any airport hazard area appertaining to an airport is located outside the territorial limits of the municipality encompassing the airport, all of the municipalities involved may, by ordinance or resolution, create a joint airport zoning board which shall have the same power to adopt, administer and enforce airport zoning regulations applicable to the airport hazard area in question as that vested by subsection (a) in the municipality within which the area is located. Each joint airport zoning board shall have as members two representatives appointed by each municipality participating in its creation and, in addition, a chairman elected by a majority of the members so appointed.

(c) Definition.--As used in this section the word "airport" does not include facilities designated as heliports and which can be used only by rotary wing aircraft, nor airports which are private airports.

Cross References. Section 5912 is referred to in section 5102 of this title.

Notes of Decisions

Cited in 3 cases, 1993–2007 · leading case: Chanceford Aviation Props., L.L.P. v. Chanceford Twp. Bd. of Supervisors, 923 A.2d 1099 (Pa. 2007).

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Chanceford Aviation Props., L.L.P. v. Chanceford Twp. Bd. of Supervisors, 923 A.2d 1099 (Pa. 2007). · cites it 6× “74 Pa.C.S. § 5912(a)(emphasis added). The court found "shall" in the first sentence of the statute to be mandatory.”

Baublitz v. Chanceford Twp. Bd. of Supervisors, 865 A.2d 975 (Pa. Commw. Ct. 2005). · cites it 2× “[ 3 ] 74 Pa.C.S. § 5912(a) (emphasis added). After the parties engaged in discovery, they filed cross motions for summary judgment.”

Commonwealth v. Rogers, 634 A.2d 245 (Pa. Super. Ct. 1993). “74 Pa.C.S. § 5912; and: § 5920. Acquisition of air rights In any case in which it is desired to remove, lower or otherwise terminate a nonconforming structure or use, or the approach protection necessary cannot, because of constitutional limitations, be provided by airport…”

— 74 Pa. Cons. Stat. § 5912(a) — 2 cases

Chanceford Aviation Props., L.L.P. v. Chanceford Twp. Bd. of Supervisors, 923 A.2d 1099 (Pa. 2007). “74 Pa.C.S. § 5912(a)(emphasis added). The court found "shall" in the first sentence of the statute to be mandatory.”

Baublitz v. Chanceford Twp. Bd. of Supervisors, 865 A.2d 975 (Pa. Commw. Ct. 2005). “[ 3 ] 74 Pa.C.S. § 5912(a) (emphasis added). After the parties engaged in discovery, they filed cross motions for summary judgment.”

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