by Kyle Lewis
Regional Manager
Airports & State Advocacy, Great Lakes Region Aircraft Owners & Pilots Association
www.aopa.org
Published in Midwest Flyer Magazine – Print & Online April/May 2021 issue
In a recent article, I covered a few topics found in the “grant assurances,” and one of those deserves more attention. Compatible Land Use – Grant Obligation #21. The assurance states: “It [the airport sponsor] will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with Airport Sponsor Assurances 2/2020 Page 10 of 18 respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended.”
That seems simple enough, right? There are a couple of things going on here. First, the FAA is expecting local authorities to maintain adequate zoning around airports to protect the airport operations and reduce the possibility of noise complaints by restricting the use of land. Second, if an airport has a noise compatibility program (usually for commercial service airports), then the land use outlined in that program must be adhered to.
For discussion, let’s focus on the first issue – land use and zoning. The FAA has made it clear that high density residential, schools, churches, and certain other developments that would attract wildlife are not considered compatible land uses near airports. Noise and safety (for both aircraft and persons on the ground) are driving factors.
The FAA Southern Region instituted a “Land Use Compatibility Planning Task Force” in 1998. The mission was to create policy to better integrate airport master planning into local community planning processes. The task force developed a resource guide for local jurisdictions identifying airport overlay zones and navigation easements. By educating and raising awareness about land use near airports, the FAA believes it will slow the development of incompatible land uses. This document can be found at https://www.faa.gov/about/office_org/headquarters_offices/apl/noise_emissions/planning_toolkit/media/III.B.pdf
It is important to remember that the FAA will not approve or disapprove specific developments near an airport. The Obstruction Evaluation (OE) process is designed to identify hazards to air navigation, allow public comment, and provide information to the local government to make an informed decision whether to approve or deny any zoning or construction permits. Many states and local jurisdictions dictate zoning and permitting processes for tall structures in areas that fall under 14 CFR Part 77.9. These areas are specific to any structure 200 feet or more above ground level (AGL), could emit frequencies, or are in the Part 77 instrument approach area and may exceed the prescribed slope ratios. This process is very technical and has an FAA office dedicated to OE studies. For further information, this is the official FAA website: https://oeaaa.faa.gov/oeaaa/external/portal.jsp
AOPA’s airport advocacy work is diverse. In fact, nationwide AOPA is involved in 22 compatible land use problems, 21 obstruction/hazard cases, and 7 large-scale noise impact issues. The issue of compatible land use is one of the biggest quandaries an airport can face. When developments pop up near an airport, noise complaints are not far behind, or calls of “unsafe airplanes” overhead. The political pressure can mount, airport development becomes stifled, and the possibility of closure becomes a reality. The most vulnerable airports are local community airports that may not be staffed full time, have limited resources, and no zoning control near the airfield. It is crucial for airports to be good neighbors, involve the community and civic leaders in airport events, and have a watchful eye on any proposed developments or zoning changes. Catching an issue early is key.
One of AOPA’s greatest assets in our airport advocacy work is the Airport Support Network (ASN) Program. Our ASN Volunteers are highly engaged at their local airport, maintain positive relationships with airport administration, and have direct access to AOPA’s airport advocacy team for topical resources. In the Great Lakes Region, nearly 400 volunteers are helping protect airports. If you are interested in this work, visit www.aopa.org/asn.
Regional Legislative Roundup
Indiana – Indiana House Bill 1001 relates to the state budget, and a noteworthy piece of the Bill calls for 100 percent of revenues from the excise tax collected on aviation fuel sales to be deposited into the dedicated aviation fund for direct airport grants. Currently, only 50 percent of that specific excise tax is diverted to the aviation fund. This will be a welcomed change that is supported by AOPA and Aviation Indiana (AI), the statewide association representing aviation interests. This change has been advocated by AI in previous budget cycles, and this time around has support from the Governor’s Office. At the time of writing, IN HB 1001 has been introduced and is awaiting the Ways and Means Committee.
Ohio – Ohio is also in a budget cycle for 2022-2023, and a recently released budget proposal from Governor DeWine’s Office details aviation funding at $6.4 million in each year of the biennium. Ohio House Bill 74 was introduced in February and state law provides that a budget be passed by June 30th to begin on July 1 of 2021. Updated language to the Ohio Airport Protection Act is also part of the overall bill, specific to the processes of tall structure permitting administered by the Ohio Department of Transportation, Office of Aviation.
AOPA is monitoring other bills, two in South Dakota: one that enhances privacy laws by restricting certain uses of drones (SD SB 74). SB 74 is awaiting signature by Governor Noem. Another bill, SB 157, introduced by South Dakota State Senator David Johnson, aims to earmark $3 million to the Rapid City Airport for “base infrastructure improvements.” The bill details that the monies can be used to install, replace, or repair necessary infrastructure improvements. The legislation has passed the Senate Transportation Committee with a 5-1 vote on February 3, 2021.
As the season progresses, AOPA will be watching for other specific aviation legislation and respond appropriately!
