Update: February 18, 2010

Hillsboro Airport Zoning Change Precipitates Appeal to Oregon Land Use Board of Appeals

On 1/19/10 the City of Hillsboro approved Ordinance #5935 which changes the zoning on affected properties at and within 6,000 feet of the Hillsboro Airport runways by applying the Airport Use Zone (AU) and the Airport Safety and Compatibility Zone (ASCO). All of the properties excepting those located on the airport lie outside of the 65 DNL noise contours. Many are outside of the 55 DNL.

If you live in or own one of the approximately 6,500 properties impacted by this change, the Port of Portland now controls many aspects of what you can do with your property, rendering you even more vulnerable to the significant noise, pollution, negative health impacts, safety and security risks posed by the Hillsboro Airport. Follow this link to view the ordinance and related maps.

HOW THE ORDINANCE IMPACTS YOU

This ordinance requires that when landowners seek a land use permit within zones around the Hillsboro Airport, they must sign an "avigation easement" that gives the Port of Portland

  • The right to subject the property to "noise, vibrations, fumes, dust and fuel particle emissions"
  • The right to prohibit the growth of trees and erection of buildings over a certain height
  • The right-of-entry onto the property to mark or put lights on structures that penetrate imaginary airport surfaces
  • The right to prohibit electrical interferences, glare misleading lights, visual impairments, and other hazards to aircraft flight.

Landowners who sign an easement of this nature are essentially forfeiting the option of filing nuisance claims against the Port of Portland for engaging in activities that involve significant harmful health risks to residents and their families. This easement, which will be passed on to future landowners and home buyers, represents an erosion of time-honored private property rights.

The Airport Use zone allows outright "Air passenger and air freight services and facilities that are consistent with levels identified in the most current, adopted Master Plan for the Hillsboro Airport." This Airport Master Plan is a document that can be changed without change to the zoning code, thus delegating the ability to change the level of use allowed to a forum that does not result in a change to the City's zoning ordinances.

Adding air passenger and air freight at Hillsboro Airport will inevitably lead to significant increases in noise and pollution levels and will likely add to ground traffic congestion at and around the airport. Yet the City of Hillsboro has removed the regulation of the levels of activity from the zoning code.

Some landowners are actually banned from building on their properties "with the sole exception of structures accessory to airport operations."

This re-zoning was recommended by the Port of Portland and Hillsboro Airport Issues Roundtable (HAIR). The Port of Portland is overseen by a Board of Commissioners that is appointed, not elected. They are a corporate entity whose primary purpose per ORS 778.015 is to promote the Port's "maritime, aviation, commercial and industrial interests." The recommended zoning changes clearly illustrate that the Port of Portland is more than willing to compromise the greater good as well as the safety and well-being of area residents in the pursuit of their profit seeking goals.

The members of HAIR were hand picked by the Port and in large part represent private aviation business interests. A number of them and the companies they represent are likely to directly benefit either personally or financially from the zoning changes. Unlike the Portland/Portland International Airport (PDX) model there are no Hillsboro Airport citizen advisory groups whose membership includes representatives appointed by neighborhood associations, government jurisdictions, or citizen participation organizations.

The City of Hillsboro claims that the zoning changes "are based upon guidelines form the California Airport Land Use Handbook which are in turn based on patterns of aircraft accidents at and near general aviation airports." Because of the inherently dangerous and incompatible nature of aviation activity with normal community living, the City of Hillsboro has chosen to ban basic human services within a mile radius of the airport: "Prohibited land uses include the following: schools; hospitals, senior or convalescent care facilities; sanitary landfills, and publicly-owned water treatment plants."

HILLBORO AIRPORT SERVES PRIVATE COMPANIES, NOT THE GREATER GOOD

These zoning changes are far more extensive and restrictive than those between the City of Portland and the Portland International Airport (PDX), the largest commercial airport in Oregon. Why would a general aviation airport that provides no commercial passenger service and that is designed to relieve congestion at PDX require such extensive zoning? And why are established property owners being forced to accept restrictions on behalf of an airport that caters to general aviation hobbyists, corporate jet users, air taxi companies, and for-profit aviation businesses?

In 2007, 67% of the operations at Hillsboro Airport (HIO) were categorized as local training flights One of the tenants at HIO is Hillsboro Aviation (HA) which is touted as the largest flight training school in the Pacific Northwest. This company actively recruits students from around the globe then offers to train them over our homes and neighborhoods. A 4/23/09 HA blog entry states "Hillsboro Aviation has received approval by the German Ministry of Defense as an official training facility for veterans. Army veterans (after 12 years of service) have the possibility to use their last year in service for flight training at Hillsboro Aviation." Yet HIO is not now and has never been a military airport.

Aviation Science students from Portland Community College (PCC) are also major contributors to the excessive noise, pollution, and aviation activity that triggered this zone change.

Meanwhile Hillsboro residents, whose taxes on multiple levels are subsidizing this questionable scheme, are being forced by the City of Hillsboro into signing "avigation easements" and accepting other private property restrictions and intrusions.

LEGAL REPRESENTATION

Land Use attorney, Bill Kabeiseman, has agreed to represent me in the appeal process. He is with Garvey, Schubert, and Barer, a firm with a history of successfully representing Oregon communities opposed to airport encroachment including Apple Valley Airport in Buxton and residents adversely impacted by the Aurora Airport.

CONTACT INFORMATION

Please direct questions, comments, suggestions, and recommendations to Miki Barnes 503-324-0291. Email address: info@oregonaviationrevealed.org.

PLEASE DONATE

The appeal will entail significant legal costs. Therefore, I am asking concerned community members to make generous financial contributions.

If you are interested in volunteering your time on behalf of this cause, your participation would be most welcome. Send checks or money orders to cover legal and related expenses to:

Oregon Aviation Revealed
PO Box 838
Banks, Oregon 97106

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