Land Use Planning Around Military Installations
Oklahoma Revised Statutes §11-43-101.1 (H.B. 2412 of 2006; H.B. 2472 of 2004; H.B. 2115 of 2002; S.B. 658 of 2001) permit any municipality within an Air Installation Compatible Use Zone (AICUZ) study area, Joint Land Use Study (JLUS) area, Army Compatible Use Buffer (ACUB), or an Environmental Noise Management Plan (ENMP) of an active duty, National Guard or Reserve military installation to "enact a city ordinance restricting or prohibiting future uses for that incorporated area which lies within the AICUZ, JLUS, ACUB, or ENMP area and which may expose residents to noise greater than 65 Day-Night Noise Level (DNL) or accident potential that could affect the public health, safety, and welfare, or interfere with military operations, including aircraft operations.”
The municipal ordinance shall:
• Be consistent with the most current recommendations and studies titled " Air Installation Compatible Use Zone Study" made by the United States Air Force installations at Altus AFB, Tinker AFB and Vance AFB or studies made by United States Department of the Army installation at Fort Sill titled "Army Compatible Use Buffers" or "similar zoning relating to or surrounding a military installation as adopted by a county, city, or town or an combination of those governmental entities."
• Restrict or prohibit future uses that violate the height restriction of any Federal Aviation Regulation criteria.
• Consider the recommendations or studies in order to protect the public health, safety and welfare, and provide for safe military and aircraft operations, and assure sustainability of installation missions.
• Subject to the provisions and requirements of item 1, not prohibit single-family residential uses on an acre or more if future construction complies with Guidelines for the Sound Insulation of Residences Exposed to Aircraft Operations, Wyle Research Report WR 89-7.
Specifically, the ordinance shall restrict or prohibit future land uses that meet the following categories within the AICUZ or JLUS area:
• Uses that interfere or impair visibility with military operations, including ground operations, such as steam, dust or smoke into the air unless the substance is generated from an agricultural use;
• Uses that interfere with pilot vision and aerial or ground-based night vision training;
• Uses that interfere with military ground and aircraft communications and navigational equipment by producing electrical emissions;
• Uses that attract birds or waterfowl (such as sanitary landfill operations, maintenance of feeding stations);
• Structures within ten feet of defined aircraft approach, departure, or transitional surfaces; or 100 feet beneath a low-level military aircraft training route as provided by the Federal Aviation Administration;
• Expose persons to noise greater than 65 DNL;
• Uses that detract from the aesthetic appearance or make for an unsightly entrance to a military installation (such as automobile salvage yards, disposal sites, waste storage).
Oklahoma Military Base Protection Grant Program
Oklahoma S.B. 1675 of 2006 created the Oklahoma Military Base Protection Grant Program which appropriates $1 million to the Oklahoma Department of Commerce. Under the program, local communities may apply to the state for a matching grant for critical infrastructure improvements, encroachment issues, transportation and access needs, utilities, communications, housing, environment and security in order to prevent adverse realignment or military base closure.
Oklahoma Strategic Military Planning Commission
Oklahoma H.B. 1396 of 2003 (Oklahoma Statutes §74-5401 and §74-5402) created the Oklahoma Strategic Military Planning Commission to “analyze state policies affecting military facilities currently in use by the United States Department of Defense located within the state and by their related communities.” Specifically, the Commission is tasked with advising and recommending to the Governor and the Legislature state policies that would:
• “Prevent the state’s military facilities from being targeted for closing or downsizing;
• Maximize the state’s input into the federal base closing and realignment process;
• Protect, to the greatest extent possible, the interests of the communities and residents of areas located within and adjacent to such military facilities in connection with such process;
• Mitigate the effect of a reduction in military personnel housed or assigned to such facilities, reduction in military activity associated with such facilities, or other changes in either civilian or military activity which have the potential to reduce employment, business activity, personal income or other economic growth in the affected areas; and
• Encourage and facilitate the relocation of mission responsibilities and resources to state military facilities from military bases located outside of the state.”
Oklahoma Strategic Military Planning Commission Incentive Fund
Oklahoma H.B. 1397 of 2003 (Oklahoma Statutes §74-5403) created the "Oklahoma Strategic Military Planning Commission Incentive Fund" which is distributed to a local government that:
• Demonstrated it would be affected by base closure or realignment;
• Developed a plan to conduct public projects that protect the entity and its residents from base closure or realignment. The plan must include matching funds or "provide equivalent value in order to obtain available funds or funds for planning expenditures." This plan must be approved by a 2/3 vote of the entities governing body and "memorialized in a document, executed under oath."
• Received plan approval by the Oklahoma Strategic Military Planning Commission;
• Does not use the fund for administrative expenses;
• Does not misuse funds. If this occurs, then the entity shall be disqualified from filing for one year and may be liable to the state.
The Oklahoma Strategic Military Planning Commission is administered by the Office of the Governor and will sunset December 31, 2010.
Oklahoma H.B. 1821 of 2011 requires a wind energy developer to provide a notice of intent at least 30 days prior to beginning construction of wind energy facility; the required contents of the notice and publication dates are specified for wind energy facilities constructed on or after November 1, 2011.
Oklahoma S.B. 124 of 2011 prohibits the power of eminent domain to be used for the siting or erection of wind turbines on private property.
Uniform Conservation Easement Act
Oklahoma Title 60 §49.1 et seq. provides for the state’s Uniform Conservation Easement Act. The Act authorizes the creation of permanent easements on real property for conservation and historic preservation purposes.
Oklahoma State Chamber Military Liaison Committee
The Oklahoma State Chamber formed a Military Liaison Committee to focus on creating new partnerships with Oklahoma's military bases.
Vice President, Government Affairs
The State Chamber of Oklahoma
330 NE 10th Street
Oklahoma City, OK 73104
(405) 235-3670 fax
State Contact Information
Military Liaison POC
Colonel Brent Wright
Office of the Adjutant General
3501 Military Circle, N.E.
Oklahoma City, Oklahoma 73111-4398
Major General Myles L. Deering, Adjutant General
3501 Military Circle, NE
Oklahoma City, OK 73111-4398
(405) 228-5524, Fax
Legislative Process Regarding Military POCs
Primary legislative jurisdiction over military issues is held by the Senate Committee on Veterans and Military Affairs and the Senate Committee on Public Safety. The Oklahoma Strategic Military Planning Commission was formed to analyze state policies affecting military facilities currently in use by the United States Department of Defense located within the state and by their related communities. In addition, the state maintains a Military Advisory Commission, which advises the state on other military issues.
Committees of Primary Jurisdiction/Legislative Contact
Senate Committee on Veterans and Military Affairs
Senator Frank Simpson, Chair
2300 N. Lincoln Boulevard, Room 414
Oklahoma City, Oklahoma 73105
House Committee on Veterans and Military Affairs
Representative Gary Banz, Chair
2300 N. Lincoln Boulevard, Room 406
Oklahoma City, Oklahoma 73105
Ms. Marsha Bond, Legislative Analyst