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General Aviation 43
4.4 Through-the-Fence Arrangements
Many general aviation airports are adjacent to businesses and, in some instances, residential
neighborhoods. In these cases, the airport may receive requests from adjacent neighbors for an
access point to the airport that runs "through the fence." As a general principle, the FAA does not
support agreements that grant access to federally obligated airports by aircraft stored and serviced
off-site on adjacent property. Although the FAA recognizes that residential through-the-fence
agreements exist, there are no acceptable forms of residential through-the-fence agreements for
public-use airports receiving Federal financial assistance.
Non-residential compatible through-the-fence agreements can be effectively used to support
an adjacent industrial airpark or manufacturing facility. When negotiating agreements with
through-the-fence (TTF) operators, airport owners should consider the following best manage-
ment practices:
· The access agreement should be a written legal document with an expiration date and signed
by the airport owner and TTF operator. It may be recorded. Airport owners should never
grant a right of access in perpetuity.
· The right of access should be explicit and apply only to the TTF operation (i.e., right to taxi
its aircraft to and from the airfield).
· The TTF operator should not have a right to grant or sell access through its property. Only the
airport owner may grant access to the airfield, but any access requirements should be consis-
tent with TSA requirements.
· The access agreement should have a clause making it subordinate to the airport owner's fed-
eral obligations with the FAA grant assurances. The airport owner should have the right to ter-
minate the agreement if any provision conflicts with the airport owner's federal obligations.
· The TTF operator should not have the right to assign the agreement without the airport
owner's approval and appraisal of the change in value of the agreement.
· The fee to gain access to the airfield should reflect the airport fees charged to on airport tenants
and aeronautical users.
· The access agreement should contain termination and insurance articles to benefit the airport
owner.
In allowing access, an airport should be able to place the cost of all required improvements on
the licensee.
See CRP-CD-81 (enclosed herein), Appendix to Chapter 4, General Aviation, for excerpts
from the DIG Agreement for provisions regarding licensee's responsibility for costs of installing
and maintaining all security measures and means of access.
TTF agreements must (1) contain language ensuring compliance with all regulations that
might affect operations and (2) maintain insurance at levels required by the sponsor.
Because it is likely that a TTF licensee will be using the airport significantly and, in many cases,
for a business purpose, the sponsor should protect itself from potential conflict in the case of air-
port closure.
