1. (1) As used in this section:

   1. (a) "Affected land" means a parcel of land over which a part of a tower crane travels, other than the parcel on which the tower crane is located.
   2. (b) "Airspace approval" means a license, easement, permission of the owner of affected land, or other approval for a part of a tower crane to travel within the air space over affected land.

   3. (c)

      1. (i) "Live load" means material being suspended from or lifted by a tower crane.
      2. (ii) "Live load" does not include the components of a tower crane.
   4. (d) "Permit period" means the period during which a land use permit is in effect.

   5. (e)

      1. (i) "Tower crane" means a crane that is attached to and supported by a building or foundation.
      2. (ii) "Tower crane" does not include a crane supported by tracks or tires.

2. (2) Except as provided in Subsection (3), a municipality may not require airspace approval as a condition for the municipality's:

   1. (a) approval of a building permit; or
   2. (b) authorization of a development activity.

3. (3) A municipality may require airspace approval relating to affected land as a condition for the municipality's approval of a building permit or for the municipality's authorization of a development activity if:

   1. (a) the tower crane will, during the permit period or development activity, carry a live load over the affected land; or

   2. (b) the affected land is within:

      1. (i) an airport overlay zone; or
      2. (ii) another zone designated to protect the airspace around an airport.

Renumbered and Amended by Chapter 15, 2025 Special Session 1