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20. Alternate Uses and Restrictions of Your Airport general Key Po i nt Airport policy makers are sometimes asked to consider restricting the use of the airport or to disallow certain activities. Policy makers are also sometimes asked to approve the use of airport land and/or facilities for purposes not clearly related to its purpose as an airport. A key consideration that a policy maker must make in considering these proposals is whether or not the questionable use or restriction is aeronautical or non-aeronautical in nature. Generally, aeronautical uses should not be restricted unless clearly for safety or efficiency reasons. Also, non-aeronautical use of airport land and facilities may be warranted for revenue generation provided FAA first approves the use, fair market value is received, and the use is consistent with the FAA approved airport layout plan. The Airport D i s cu s s i on Airpor t Restric tions The sponsor of any airport developed with federal financial assistance is required to operate the airport for the use and benefit of the public and to make it available to all types, kinds, and classes of aeronautical activity on reasonable terms and without unjust discrimination. However, the sponsor may prohibit or limit any non-aeronautical use, and even aeronautical use, if the restriction is reasonable and necessary for the safe operation of the airport or necessary to serve civil aviation needs of the public. The FAA, not the airport owner, maintains the authority to approve or disapprove aeronautical restrictions based on safety and/or efficiency at federally obligated airports. Many attempts have been made to restrict unwanted aeronautical operations, but an airport owner must ensure such restrictions are reasonable limitations consistent with FAA policy. Although the airport owner may not be able to prohibit the activity, there are specific actions (i.e., specify voluntary times of operations, charge reasonable use fees, require appropriate insurance, etc.) the airport can take to better manage the activities. F INAN C IAL Some of the types of aeronautical uses that airport owners consider or are asked to consider restricting include: Aircraft perceived to be excessively noisy or large; Nighttime aircraft operations; Parachute jumping; Ultralight vehicle operations; Banner towing; and Glider operations. rules 46

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Generally, airports cannot restrict certain aircraft perceived to be noisy, nor can they restrict GENERAL nighttime operations. There are complex regulatory requirements for doing this and one should contact FAA's Airports District Office or FAA Regional Airports Division before considering such action. Some airport owners have been successful in getting pilots to voluntarily restrict flying to certain times of day or to use certain flight tracks. Again, one should contact FAA when considering this. Alternative Uses of Airpor t Land and Facilities THE AIRPORT Airport owners have been successful in attracting and managing non-aeronautical uses of airport property and facilities, helping to generate revenue, and remaining within FAA policy guidelines. An airport may not be closed for purposes of non-aeronautical events such as a county fair, sports car rally, or similar event, but if the event incorporates promotion of aviation or does not restrict normal airport operations, then much greater latitude is available. Some examples of allowable airport-promotion events with non-aeronautical uses: Combining auto shows or related events with an airshow; Hosting a fly-in event along with other community activities; and Renting a hangar for community or private events with proper airfield and aircraft security ensured. App l i c at i o n FINANCIAL Support airport management in situations where it makes sense to disallow non-aeronautical use of the airport. Anticipate airport neighbors asking if the airport can be closed at night or closed on the weekend. The short answer is "no." RULES 47

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Appendices