Okla. Stat. tit. 11, § 11-43-101.1: Restriction of use of or prohibition of future use of

property within certain military installation areas.

A. Any municipality in this state that is wholly or in part

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 may 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 sixty-five

(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. Such authority

shall not extend into the corporate limits of another municipality.

B. The ordinance shall restrict or prohibit future uses within

the AICUZ or JLUS area which:

1. Release into the air any substance which would impair

visibility or otherwise interfere with military operations,

including ground operations, such as steam, dust or smoke unless the

substance is generated from agricultural use;

2. Produce light emissions, either directly, or indirectly or

by reflective light, which would interfere with pilot vision, and

aerial or ground-based night vision training;

3. Produce electrical emissions which would interfere with

military ground and aircraft communications and navigation

equipment;

4. Attract birds or waterfowl including, but not limited to,

operation of sanitary landfills and maintenance of feeding stations;

5. Provide for structures within ten (10) feet of defined

aircraft approach, departure, or transitional surfaces; or one

hundred (100) feet beneath a low-level military aircraft training

route as provided by the Federal Aviation Administration;

6. Expose persons to noise greater than sixty-five (65) DNL; or

7. Detract from the aesthetic appearance, or otherwise create

or promote an unsightly, unsanitary or unhealthy appearance of any

entrance into a military installation including, but not limited to,

automobile or truck salvage yards, equipment storage sites or solid

waste storage or disposal sites.

C. The ordinance shall restrict or prohibit future uses within

the AICUZ/JLUS area which violate any Federal Aviation

Administration height restriction in Title 14 of the Code of Federal

Regulations (14 CFR) part 77, Objects Affecting Navigable Airspace.

D. 1. The ordinance shall be consistent with the most current

recommendations or studies made by the United States Air Force

installations located at Altus Air Force Base located in Altus,

Oklahoma, Tinker Air Force Base located in Oklahoma City, Oklahoma,

and Vance Air Force Base located in Enid, Oklahoma, entitled “Air

Installation Compatible Use Zone Study” or studies made by the

United States Department of the Army installations located at Fort

Sill in Lawton, Oklahoma, entitled “Army Compatible Use Buffers” or

any similar zoning relating to or surrounding a military

installation as adopted by a county, city, or town or any

combination of those governmental entities and shall be consistent

with the most current recommendations; and

2. Interpretations of such ordinance shall consider the

recommendations or studies with a view to protection of the public

health, safety, and welfare and maintenance of safe military and

aircraft operations, and assure sustainability of installation

missions.

E. Subject to the provisions and requirements of paragraph 1 of

subsection D of this section, the ordinance shall not prohibit

single-family residential use on tracts of one (1) acre or more in

area, provided that future construction shall comply with the

“Guidelines for the Sound Insulation of Residences Exposed to

Aircraft Operations, Wyle Research Report WR 89-7". Such

allation

missions.

E. Subject to the provisions and requirements of paragraph 1 of

subsection D of this section, the ordinance shall not prohibit

single-family residential use on tracts of one (1) acre or more in

area, provided that future construction shall comply with the

“Guidelines for the Sound Insulation of Residences Exposed to

Aircraft Operations, Wyle Research Report WR 89-7". Such

construction shall be regulated and inspected by the municipality’s

existing building permit and inspection ordinances and procedures.