Using GIS for Collaborative Land Use Compatibility Planning Near Airports (2019)

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5 Broad governance, regulations, and financial considerations at all levels of federal, state, and local government in combination with the specific function and economic impact of an airport create a complex environment for land use compatibility planning. There are numerous statu­ tory requirements to promote airport safety and efficiency. Some of these requirements can directly be supported by using GIS. However, there can be other, sometimes contradictory, regulatory and economic development interests that drive land use around airports (Table 1). In addition to federal, state, and local government agencies, there are many other stake­ holders with interests in land use surrounding airports. These include property owners, devel­ opers, and the public. Each of these stakeholders can have different and sometimes conflicting goals and missions, not to mention different terminology, processes, and/or tools that intro­ duce scenarios where communication or other interactions become inadvertently confusing or garbled. Additional descriptions of the roles of government can be found in Appendix A. This chapter describes various levels of government roles and responsibilities as they relate to an airport and land use compatibility near the airport and explains regulations and require­ ments that these jurisdictions have created to ensure land use compatibility. Federal Government The FAA Office of the Associate Administrator for Airports (FAA Airports) is responsible for the administration and oversight of the Airport Improvement Program (AIP) and Passenger Facility Charges (PFC) appropriated by the legislative branch of the federal government. FAA Airports is also responsible for planning, development, and safety and standards oversight of airport projects that contribute to the National Plan of Integrated Airport Systems (NPIAS). Accordingly, FAA Airports ensures compliance with federal regulations and AIP grant assur­ ances and works closely with airport sponsors (local public or private jurisdictions that own and operate airports). More information on FAA AIP Grant Assurances is available at https:// www.faa.gov/airports/aip/grant_assurances/media/airport­sponsor­assurances­aip.pdf. Several FAA guidance documents with direct touchpoints to land use with underlying GIS data collec­ tion requirements relate directly to land use compatibility and are highlighted in ACRP Report 27: Enhancing Airport Land Use Compatibility, Volume 1, Chapter 4. Several grant assurances are worth pointing out as a noted resource for further information beyond the general descriptions. Grant Assurances—as part of the AIP funding process—including specifically Grant Assur­ ance 19 (Operations and Maintenance), 20 (Hazard Removal), and 29 [keeping the airport lay­ out plan (ALP) up to date], but most applicably Grant Assurance 21 (Compatible Land Use) which requires airports to “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 C H A P T E R 1 Government, Airport Planning, and GIS Touchpoints

6 Using GIS for Collaborative Land Use Compatibility Planning Near Airports of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft.” When an airport sponsor (owner) accepts an AIP grant (shown in Table 2) the sponsor agrees to certain conditions (assurances) as a condition in accepting that grant. Community Planning Within local government, a typical planning department works with citizens, community leaders, and economic development officials to build consensus on how a city should grow. This is generally accomplished through the coordination of land planning functions that range from creating a vision for the future of the local community and its surrounding area to reviewing all new development proposals to ensure they reflect the short­ and long­term vision. Planning in Local Government A community planning department ranges in size, but generally includes planning practitio­ ners focused on: • Community development: to coordinate affordable housing programs and associated block grants and trust funds • Comprehensive planning: to provide vision and guidance for the long­range development of the city through a comprehensive plan with supportive studies • Current planning: to coordinate land planning development review activities, zoning/rezoning, conditional use permits, and preliminary site plans • Planning management support: to assist the various planning focus areas with data or maps, assignment of street names or building addresses, GIS mapping, development tracking, com­ munication of information to the public, zoning map updates, records management, and other data requests from the mayor, city manager, city council, or the citizens they serve Planning departments within local government can also be organized in various ways. GIS data and mapping services are sometimes separated from planning or economic development departments because they are included in information systems, Information Management, or Information Technology (IT) departments. Regional Planning Regional planning organizations (RPOs), metropolitan planning organizations (MPOs), and regional councils of government (COGs) are often formed to augment and support multiple Government Agency Roles and Functions Federal FAA Manage Airspace and Air Traffic Airport Safety and Capacity Financial Assistance to Airports Environmental Review Department of Defense Military Installation / Operational Protection State State Legislatures Establish levels of local authority for land use control (e.g., zoning, land development permitting) Local Counties Cities Independent Authorities Establish and enforce actual land use and development rules: zoning laws; site and building permitting Table 1. Land use controls in the United States.

Government, Airport Planning, and GIS Touchpoints 7 or funded property on or off the airport and which is not in conformity with the ALP as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor. Land Use Compatibility Connection: direction for airport sponsors to enable land use compatibility planning for proposed activities within the airport boundary or adjacent to the boundary that does not create conditions of adverse effect for the safety, utility, or efficiency of the airport and the general public in the communities served by the airport. FAA AIP Grant Assurances and Land Use Compatibility 20. Hazard Removal and Mitigation [The Airport Sponsor] will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. Land Use Compatibility Connection: land use must be compatible to accommodate appropriate mitigations of navigable airspace and other potential hazards to the airport. 21. Compatible Land Use [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 respect to the airport, of the noise compatibility program measures upon which federal funds have been expended. Land Use Compatibility Connection: direction for airport sponsors to take action to restrict the use of land adjacent to or in the immediate vicinity of the airport. 29. Airport Layout Plan a. [The Airport Sponsor] will keep up to date at all times an ALP of the airport showing: 1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and Airport Sponsor Assurances roads), including all proposed extensions and reductions of existing ai rport facilities; 3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon; and 4) all proposed and existing access points used to taxi aircraft across the airport’s property boundary. Such ALPs and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the ALP. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the ALP as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, Table 2. FAA grant assurances related to land use compatibility.

8 Using GIS for Collaborative Land Use Compatibility Planning Near Airports local governments in metropolitan statistical areas (MSAs) or other groupings of counties, cities, or geographic locations within states or multi­state regions. Generally, these organizations are voluntary associations established to assist in regional plan­ ning. Their purpose is to strengthen individual and collective powers of local governments and help them recognize regional opportunities, eliminate unnecessary duplication, and make col­ laborative decisions. Regional planners employed by these organizations assist local government planners and decision makers with planning for common needs, cooperating for shared benefits across multiple jurisdictions, and recognizing regional opportunities for improving the quality of life in the region. Regional organizations include planners who serve the region’s needs for economic develop­ ment, the environment, transportation planning, and a host of other planning programs and departments. The organizations serve to educate and provide planning information to the pub­ lic, to build strategic plans for multi­jurisdictional areas, to measure and describe historical changes, and to develop maps, models, data, and analysis. For planning purposes, regional organizations typically ensure all community plans conform to regional needs and do not contradict each other. In addition, regional planners often work with airports to ensure airport master plans also conform to regional needs and do not con­ tradict the strategic transportation initiatives of the multiple jurisdictions represented in the organization. Airports In the United States, airports are generally owned and operated by the local communities they serve and are considered an asset of the public sector. Within the context of state and local government organizational structures, airports are governed and funded in several ways: gener­ ally as an autonomous airport authority (with oversight by an executive director and board of commissioners) or as part of a local government department (with an airport manager reporting to a department director, or in some cases, directly to the mayor or city manager), with funding and oversight delivered from federal, state, and local grants. Airports serve as a primary foundational element for a community’s transportation and eco­ nomic infrastructure. Airports tie communities into travel and tourism and, depending upon their size, airports may be the largest economic generator (ACI­NA 2018; IND 2017) in a local economy. Airports and related aviation and nonaviation businesses located on or near the airfield are a major source of employment, with employees and clientele that generate localized revenue (with a multiplier effect) and produce large sums of local revenue in state and local taxes. Depending upon the role an airport serves in the community, region, state, or country, air­ port management and staffing range from one to 10 employees either on site or serving in a local government department to tens of thousands of employees on site in support of the largest commercial service airports. Despite the varying levels of operational complexity, all airport managers and staff fit into the construct of local governments. While subject to local government, many of the largest commercial service airports operate with a large degree of autonomy, similar to the complexities of managing and operating a small city, and can function largely on cash flow, bond proceeds, non­aeronautical revenue (U.S. GAO 2017) (such as parking or concessions fees and contractual agreements on the landside and sur­ rounding property) and PFCs. Smaller airports, particularly those that do not offer commercial service, function more con­ gruently with local government and are largely dependent on external funding for operational

Government, Airport Planning, and GIS Touchpoints 9 expenses and modest improvements through local government outlays, aeronautical revenues (fees and charges associated with airside operational, fueling, storage, and maintenance func­ tions), and federal AIP grants with local matching resources, funded and administered by FAA. This includes non­primary entitlements and discretionary funds (with prioritization for set­ aside projects and the remaining funds distributed according to FAA’s national prioritization formula). (More information about the FAA’s Airport Improvement Program and the bi­annual report to Congress are available at FAA’s AIP and NPIAS websites.) Smaller airports typically operate with small staffs (less than 50 employees), sometimes as few as two full­time equivalent employees. Airport Planning FAA defines airport planning as a systematic process used to establish guidelines for the effi­ cient development of airports that is consistent with local, state, and national goals. A key objec­ tive of airport planning is to assure the effective use of airport resources to satisfy aviation demand in a financially feasible manner with consideration for the environment, airfield and airspace safety, and local communities. Airport planning may be as broad based as the national system plan or more centrally focused as an airport master plan for a specific airport or as the founda­ tion for a phased design, construction, and implementation approach for a specific project. Typically, airport planners offer knowledge of airports and communities to enable organiz­ ing community support; design and set local priorities with federal regulatory compliance in mind; identify alternatives and potential improvements prioritized on the near­ and long­term planning horizon; and provide information for community leaders to explain prioritizations in the context of fiscal responsibility. Chief among these prioritizations is the safety of the general public, which places an extensive focus on land use compatibility. To pull together the local community’s blueprint for long­term development on the airport property, as well as for nearby property subject to safe navigation of the surrounding airspace, airport planners create an airport master plan. Master plans include a graphical representation of existing airport features, future airport development, and anticipated land use; establishment of a realistic schedule for implementation of proposed development; identification of a realistic financial plan to support development; technical and procedural validation of the plan through investigation of concepts and identification of alternatives (grounded in technical, economic, and environmental analysis); presentation of a plan to the public that adequately addresses all relevant issues and satisfies federal, state, and local regulations; and establishment of a frame­ work for a continuous planning process. Although master plans are developed and owned by the airport, the FAA provides oversight and approves components of the master plan including forecasts, selection of critical aircraft, and the ALP. Updates to the master plan are eligible for AIP funding. However, FAA acceptance of the master plan does not represent unequivocal approval of the entire document. The ALP serves as a critical planning tool and illustrates existing facilities as well as planned development for an airport. Sponsors of airport development at federally obligated airports must accomplish improvements in accordance with an FAA approved ALP. As part of the airport’s AIP Capital Improvement Program (ACIP) process, FAA uses approved components to determine eligibility of funding for proposed development. A current FAA approved ALP is a prerequisite for issuance of an airport development or planning grant. The airport and local government planners should work closely with FAA planners to identify significant planning and land use compatibility issues and determine the type and magnitude of effort required to accommodate the proposed development.

10 Using GIS for Collaborative Land Use Compatibility Planning Near Airports An airport plays a significant role in the determination of land values in adjacent areas. Land near airports tends to increase in value as the local economy benefits from the presence of an air­ port; and economic developers use the airport and nearby land as a selling point to potential ven­ dors and investors considering the community. However, certain uses of the land can infringe on the safe and efficient operational capability of the airport. Consequently, it is important to examine what is considered compatible land use and incompatible land use on and off airport property. This guidebook examines these issues further in subsequent chapters—amplifying what has been previously researched thoroughly in ACRP Report 27 by showing how to utilize GIS technologies as collaboration tools across the community planning and airport planning workspaces. ACRP Report 27 has three volumes: Volume 1: Land Use Fundamentals and Imple- mentation Resources; Volume 2: Land Use Survey and Case Study Summaries; and Volume 3: Addi- tional Resources that includes aircraft accident data and third party risk; economic methodology for assessing the costs associated with incompatible land uses; and annotated bibliography. Airport planners should work with local planners to enable adequate property interests (e.g., fee simple acquisition and aviation easements) or to implement zoning ordinances that inhibit incompatible land use. Planning practitioners utilize the ALP as the primary bases for determining the areas of land necessary for proper protection of the airport and the surround­ ing airspace. As a result, land use and land use compatibility play a significant role as it relates to the local economy. In addition, under FAA design criteria, airport owners should protect existing and planned airspace required for safe and efficient aircraft operations either by land acquisition or a com­ bination of zoning, easements, and other legal means. Generally, airport owners should pro­ tect or acquire property designated for safe navigation of the airfield (landing areas, object free areas, aprons, terminals, and ramps) and surrounding airspace (runway protection zones and obstruction­free arrival and departure surfaces). The U.S. government and state and local jurisdictions recognize the importance of land use compatibility with airports. FAA acknowledges that land use planning is a purely local function. If FAA were to presume to control land use planning off­airport, it would also be subject to legal and constitutional constraints on land use planning such as the deprivation of a landowners’ reasonable use and enjoyment of property (nuisance) and/or the taking of property without just compensation (inverse condemnation). Consequently, land use planning around airports should include and be focused on local land use ordinances and regulations.