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B-1 A P P E N D I X B Resource Documents Introduction In preparation of this ACRP Research Report 206, the Mead & Hunt team conducted original research and relied upon information provided in previously published documents. The original research consisted primarily of interviews with airport managers, local planners, and state aviation officials. This appendix contains a list of documents of nationwide relevance that are either referenced in this Guidebook or that the reader may find informative when exploring other aspects of airport land use compatibility. A brief synopsis of each document is provided along with URLs, where available, to online location of the documents. A document of particular relevance to the subject matter of this Guidebook is a previous ACRP Report, ACRP Report 27: Enhancing Airport Land Use Compatibility, Volumes 1 and 2, which may be considered companion documents to this Guidebook. While some content from ACRP Report 27 is carried forward to this document, ACRP Report 27 contains additional highlights from previous case studies, industry reviews, and related findings regarding compatible land use. Although not listed in this appendix, another group of documents containing useful information on airport land use compatibility is published by the various state aviation agencies. Several of these documents and links to them are noted in Appendix A of this Guidebook. Appendix A also lists the primary laws and regulations that guide airport land use compatibility actions in each state. Federal Regulations The Federal Aviation Administration (FAA) does not have authority to regulate off-airport land use. The FAA has a technical advisory role based on its interest in protecting its financial investment in airports and the airspace associated with airports as part of the national airspace system. The FAA has a role in regulating on-airport development and, indirectly, off-airport land uses through approval of airport layout plans and airport sponsor compliance with grant assurances, which airport sponsors must agree to in order to obtain federal grant funding. Grant Assurance 20 requires an airport sponsor to maintain airport land use compatibility and to protect the aeronautical function of an airport. To help airport sponsors and their communities address compatibility issues, the FAA has introduced various regulations and guidelines. Significant among early FAA regulations with land use compatibility implications is Federal Aviation Regulation (FAR) Part 77, and its predecessor regulations dating back to at least the early 1950s, aimed at protecting the navigable airspace around airports. Subsequently, the FAA (then the Federal Aviation Agency) released a document entitled Model Airport Zoning Ordinance to help local agencies implement the height limit standards. By 1977, this document had become Advisory Circular 150/5190-4, Model Zoning Ordinance to Limit Height of Objects Around Airports. Many municipalities across the country have used this model to enact their own local ordinances to protect airport airspace.
B-2 Guidebook on Effective Land Use Compatibility Planning Strategies for General Aviation Airports Grant Assurances Grant assurances are required as part of a project application from airport sponsors who are eligible to request federal funds. Upon acceptance of grant money, these assurances are incorporated into and become part of the grant agreement. Grant assurances are obligations that require the airport sponsor to maintain and operate the airport safely and efficiently in accordance with specified conditions. Among these conditions is maintenance of compatible land use within the vicinity of the airport. Currently, there are 39 grant assurances that describe how an airport sponsor must operate the airport and serve the needs of the flying public. Grant assurances 20 and 21 pertain to compatible land use around airports. These grant assurances require airport sponsors to take reasonable action to protect the airspace and restrict land uses in the immediate vicinity to those compatible with airport operations. Grant Assurance 20. Hazard Removal and Mitigation. It [the airport sponsor] will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operation 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. Grant Assurance 21. Compatible Land Use. It 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. In cases where the airport sponsor is also the local land use authority, local land use actions can be reviewed for compliance with the FAA grant assurances intended to protect airports from incompatible land uses. Although there is no formal monitoring by the FAA, if the FAA becomes aware of airport compatibility issues, the FAA may warn the airport that they are in violation of these grant assurances and may require the airport to take certain actions. Title 14 of the Code of Federal Regulations Part 77 Title 14 of the Code of Federal Regulations (14 CFR) Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace establishes standards to protect the airspace surrounding airports from natural or constructed obstructions that could constitute a hazard to landing aircraft. FAR Part 77 was developed by the FAA to protect specific airspace areas in proximity to an airport. The airspace areas governed by Part 77 are referred to as âimaginary surfaces.â Under Part 77, the FAA is authorized to undertake an aeronautical study to determine whether a structure or vegetation is or could be a hazard to air navigation. Communities that have accepted federal funding for their airport have signed grant assurances, which require compatible land use around the airport. A complete list of assurances can be found on the FAAâs web site: https://www.faa.gov/airports/aip/grant _assurances/
Resource Documents B-3 The FAAâs aeronautical review addresses compatibility both on- and off-airport land uses based on their potential to create a âhazard to air navigationâ that is associated with obstructions/penetrations in defined airspace. FAA airspace reviews consider Part 77 surfaces, Terminal Instrument Procedures (TERPS) surfaces, visual runway traffic patterns, and protected airspace for visual navigational aids (e.g., visual approach slope indicators, precision approach path indicators). When a proposed structure would penetrate navigable airspace, the FAA will issue a letter objecting to the proposed action (determination of presumed hazard to air navigation) for the consideration of local authorities. When proposed actions do not represent a hazard to air navigation, a âno objectionâ finding is issued. It is important to note that the analysis is based on an obstruction evaluation and is not intended to address other land use compatibility concerns. The FAA recommends that local jurisdictions include the following language in their development codes: âNothing in this chapter shall diminish the responsibility of project proponents to submit a Notice of Construction or Alteration to the FAA if required in accordance with 14 CFR Part 77.â FAA Advisory Circulars and Other Guidance FAA Advisory Circular (AC) 150/5190-4A, A Model Zoning Ordinance to Limit Height of Objects Around Airports This AC provides a model zoning ordinance to be used as a guide to control the height of objects around airports. The purpose of the model zoning ordinance is to limit the height of objects in the vicinity of airports based on the obstruction surfaces described in Subpart C of FAR Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace. The model ordinance defines and provides for the establishment of various zones and prescribes height limitation for each zone as required to prevent the creation or establishment of objects that would interfere with the airport operation. Objects of concern include not just permanent buildings, antennas, and other structures, but also trees and temporary objects like construction cranes. The AC also includes examples of how the model ordinance may be used for various types of airports. Federal Aviation Administration, Advisory Circular 150/5190-4A - A Model Zoning Ordinance to Limit Height of Objects Around Airports, 800 Independence Avenue, SW. Washington, D.C., 1987. https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.curren t/documentNumber/150_5190-4 FAA AC 150/5020-1, Noise Control and Compatibility Planning 14 CFR, Part 150, Airport Noise Compatibility Planning Program, is the primary federal regulation guiding and controlling planning for aviation noise compatibility on and around airports. The purpose of a Part 150 study is to mitigate the noise impacts of aircraft noise exposures to airport neighbors while protecting or increasing both airport access and capacity, as well as maintaining the efficiency of the national aviation system. Although the regulations contained in a Part 150 study are voluntary, the approved Part 150 noise compatibility program is the primary tool used by airport operators to gain approvals for federal grants to fund noise abatement projects. Part 150 studies provide the required analyses for The FAA has the authority to review proposed construction through FAA Form 7460-1, Notice of Construction or Alteration process. The form is filed electronically at: https://oeaaa.faa.gov/oeaaa/external/ portal.jsp
B-4 Guidebook on Effective Land Use Compatibility Planning Strategies for General Aviation Airports evaluating the impacts of any proposed constraints upon an airportâs operations as a result of noise exposure. Federal Aviation Administration, Advisory Circular 150/5020-1 - Noise Control and Compatibility Planning, Washington, D.C., 1983. https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_150_5020-1.pdf FAA AC 150/5200-33B, Hazardous Wildlife Attractants On or Near Airports. Federal Aviation Administration, Advisory Circular 150/5200-33B - Hazardous Wildlife Attractants On or Near Airports, Washington, D.C., 2007. https://www.faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.info rmation/documentID/22820. FAA Land Use Compatibility and Airports, a Guide for Effective Land Use Planning Although the guide is not an FAA regulation or official agency policy, it is provided as a resource to airport managers, local land use planners, and public officials. The guideâs purpose is to provide information on FAA programs and resources to promote an understanding of land use compatibility planning issues around airports. This guide identifies a variety of possible land use control methods as they relate to compatible land use planning efforts. This guide also recognizes that state and local governments are responsible for land use planning, zoning, and regulation, and presents options or tools that can assist in establishing and maintaining compatible land uses around airports. FAA Office of Environment and Energy, Land Use Compatibility and Airports, a Guide for Effective Land Use Planning, Washington, D.C. ttps://www.faa.gov/about/office_org/headquarters_offices/apl/noise_emissions/planning_ toolkit/media/III.B.pdf FAA Order 5190.6B, FAA Airport Compliance Manual ââ Part VI, Chapters 20 & 21 FAA Order 5190.6B sets forth policies and procedures for the FAA Airport Compliance Program. It provides basic guidance for FAA personnel in interpreting and administering the various continuing commitments airport owners make to the United States as a condition for the grant of federal funds or the conveyance of federal property for airport purposes. The order discusses the obligations set forth in the standard airport sponsor assurances and addresses the application of the assurances in the operation of public-use airports. Part VI, Land Use, discusses the importance of addressing incompatible land use at or near airports, as this type of development may result in the creation of hazards to air navigation and reductions in airport utility. Chapter 20 focuses on Grant Assurance 21, Compatible Land Use, which relates to the obligation of the airport sponsor to take appropriate actions to zone and control existing and planned land uses to make them compatible with aircraft operations at the airport. The chapter indicates that zoning is an effective method of meeting the federal obligation and that the FAA expects the airport sponsor to zone and use other measures to restrict the use of land in the vicinity of the airport to activities and uses compatible with normal aircraft operations. Chapter 21 provides guidance to FAA personnel for conducting land use compliance inspections at airports to determine if an airport sponsor is adequately complying with federal obligations.
Resource Documents B-5 Federal Aviation Administration, Order 5190.6BâFAA Airport Compliance Manual, Washington, D.C., 2009. https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/ FAA Solar Guide, Technical Guidance for Evaluating Selected Solar Technologies on Airports The FAA's Solar Guide, Technical Guidance for Evaluating Selected Solar Technologies on Airports, provides guidance for evaluating proposed on-airport solar projects. The report covers FAA safety regulations, financing alternatives, incentives, electric grid infrastructures, and solar technologies. Several case studies are included that highlight these areas of interest. This guidance provides design considerations for solar photovoltaic (PV) projects and their integration with existing facilities and designated land uses. Section 2.3, Airport Land Use and Safety Planning, discusses the responsibilities of the airport sponsor in preventing incompatible land uses near the airport. This guidance recommends that off-airport solar projects be assessed to ensure that they do not impact existing aviation activities. The report also states that on- airport solar projects may not be developed on aviation-designated land uses, unless formal land releases or changes are approved by the FAA. Federal Aviation Administration, Technical Guidance for Evaluating Selected Solar Technologies on Airports, Washington, D.C., 2018. https://www.faa.gov/airports/environmental/policy_guidance/media/FAA-Airport-Solar- Guide-2018.pdf Previous ACRP Reports on Airport Land Use Compatibility ACRP Report 15: Aircraft Noise: A Toolkit for Managing Community Expectations ACRP Report 15: Aircraft Noise: A Toolkit for Managing Community Expectations provides guidance and best management practices for airport managers when communicating with the public about issues related to aircraft noise exposure. The report examines the characteristics of an effective communications program and suggests tools and methods for improving relationships with surrounding communities and private stakeholders about noise issues. While the report does not provide zoning policy information directly applicable to this Guidebook, it discusses noise overlay zoning as a tool for compatible land development. Woodward, J. M., L. L. Briscoe, and P. Dunhotler, ACRP Report 15: Aircraft Noise: A Toolkit for Managing Community Expectations, Transportation Research Board of the National Academies, Washington, D.C., 2009. http://www.trb.org/Publications/Blurbs/162800.aspx ACRP Report 27: Enhancing Land Use Compatibility, Volumes 1â3 ACRP Report 27: Enhancing Airport Land Use Compatibility, is a three-volume report that explores issues related to land use around airports. Volume 1, Land Use Fundamentals and Implementation Resources, addresses various types of incompatible land uses, including incompatible commercial and industrial uses and design elements. This information is an important part of the discussion of planning for development in and around airports. Key topics discussed in Volume 1 include:
B-6 Guidebook on Effective Land Use Compatibility Planning Strategies for General Aviation Airports â¢ The unique circumstances associated with each state, airport, and community, and the need to develop individual/site-specific methods to address land use compatibility. â¢ The ability of state agencies to establish a framework for airport-compatible land use plans and zoning. â¢ The fiscal resources/financial needs required for local agencies to create an airport land use compatibility program that may otherwise be unattainable. â¢ The effectiveness of establishing an airport overlay zone to ensure that compatibility issues are not overlooked. â¢ â¢ Zoning policies, ordinances, and implementation methods of various states are provided as examples. Volume 2, Land Use Survey and Case Study Summaries, includes 15 case studies that concern airport land use compatibility at a wide range of airports and communities. Case studies include general aviation (GA) airports, military airports, and international airports. Several of the GA case study airports are brought forward and expanded as case studies in this ACRP 04-22 project. Volume 3, Additional Resources, includes the resource documents developed to support the information provided in Volume 1. This document also includes additional detail on specific topics such as aircraft accident data and third-party risk, and on the economic methodology for assessing the costs associated with incompatible land uses. Volume 3 also provides an annotated bibliography with over 300 entries related to airport land use compatibility. Ward, S. A.D., R. A. Massey, A. E. Feldpausch, Z. Puchacz, C. J. Duerksen, E. Heller, N. P. Miller, Robin C. Gardner, G. D. Gosling, S. Sarmiento, and R. W. Lee. ACRP Report 27: Enhancing Airport Land Use Compatibility Volumes 1â3. Transportation Research Board of the National Academies, Washington, D.C., 2010. http://www.trb.org/Main/Blurbs/163344.aspx. ACRP Report 38: Understanding Airspace, Objects, and Their Effects on Airports ACRP Report 38: Understanding Airspace, Objects, and Their Effects on Airports, is intended to be a comprehensive source of information and advice regarding the rules, regulations, design standards, and policies addressing the protection of airspace, evaluation of proposed objects on and near airports, and their effects on navigable airspace. Failure to protect an airportâs navigable airspace can lead to degradation of safety, efficiency, utility, and air service capability. Airport managers need to coordinate with local authorities to encourage FAA 7460 filings to be proactive about airspace protection. Airport management and planning agencies should be familiar with their specific airspace protection needs and encourage developers to understand local regulations. LeighFisher, ASRC Research and Technology Solutions, LLC, and Landrum & Brown. ACRP Report 38: Understanding Airspace, Objects, and Their Effects on Airports. Transportation Research Board of the National Academies, Washington, D.C., 2010. http://www.trb.org/Publications/Blurbs/164477.aspx ACRP Report 44: A Guidebook for the Preservation of Public-Use Airports ACRP Report 44: A Guidebook for the Preservation of Public-Use Airports explores why public-use airports close and identifies measures to preserve and prevent their closure, including a procedure on how to identify risk factors that contribute to airport closure. The report includes economic, operational, revenue, business, land use, and other issues that contribute to the closures. The guidebook is intended to be used by state and local agencies, airport owners/operators, and other groups with an interest in preserving public-use The model airport zoning ordinance developed by the FAA to address airport protection issues.
Resource Documents B-7 airports. The guidebook also provides documents to support the development of a practical strategic plan for airport preservation. The report discusses disconnects between perceived and actual adverse impacts of land use and zoning around airports. The report also discusses how airports surrounded by conflicting land uses have experienced an increased risk of closure. Thatcher, T. P., ACRP Report 44: A Guidebook for the Preservation of Public-Use Airports, Transportation Research Board of the National Academies, Washington, D.C., 2011. ACRP Report 168: Runway Protection Zones (RPZs) Risk Assessment Tool Users' Guide ACRP Report 168: Runway Protection Zones (RPZs) Risk Assessment Tool Users' Guide helps airport operators assess the risk of an aircraft accident within an RPZ and assess the risk to people and property based on land use and population density. The tool can be used to run scenarios for planning around an RPZ or evaluating potential changes, such as a change in threshold, a runway extension, or a hazard removal. Ideally, the userâs guide should be read before using the tool. The tool can be downloaded on the ACRP report blurbs page. The tool helps land use planners gather the information needed to justify restrictions on high-intensity land uses. The report also examines a technique of preventing urban development in an RPZ by transferring development rights. Under this technique, the community is divided into sending and receiving zones. These zones allow developers in receiving zones to buy rights from owners in sending zones and develop to an intensity greater than their initial allocation of development rights. Shirazi, H., J. Hall, B. Williams, S. Moser, D. Boswell, M. Hardy, R. Speir, E. Mustafa, R. Jones, M. Johnson, C. Quinn, P. Hickman, D. Ramacortib, S. Ward, M. Turner, J. Landry, A. Mosleh, ACRP Report 168: Runway Protection Zones (RPZs) Risk Assessment Tool Usersâ Guide, Transportation Research Board, Washington, D.C., 2017. ACRP Legal Research Digest 5: Responsibility for Implementation and Enforcement of Airport Land-Use Zoning Restrictions Federal, state, and local agencies, port authorities, and regulatory governmental authorities share responsibility with respect to land use compatibility near airports. This digest aims to provide a comprehensive legal resource of applicable statutory and case laws affecting the creation and enforcement of airport land use restrictions. The digest includes results of a survey conducted with many of these governmental entities and identifies the various methods used by local land use authorities to address incompatible airport land uses. The digest recommends that airports create land use plans to avoid claims by landowners for failing to approach land use zoning without adequate planning. It also provides examples of agencies that have established zoning ordinances with the specific objective of preventing airport hazards. Other recommended approaches to addressing incompatible land uses include overlay or conventional zoning, subdivision regulation, building code restrictions, avigation easements, real property notice, and establishment of airport runway and clear zone requirements, among others. The report also indicates that zoning control is more politically feasible and often less challenged than other approaches. Additionally, local policy makers should take advice from federal and state aviation organizations into account when planning zoning regulations. The Michigan Department of Transportation Bureau of Aeronautics and the California State Aeronautics Act were among a variety of state agencies and regulations explored in the digest.
B-8 Guidebook on Effective Land Use Compatibility Planning Strategies for General Aviation Airports Cheek, W. V., ACRP Legal Research Digest 5: Responsibility for Implementation and Enforcement of Airport Land-Use Zoning Restrictions, Transportation Research Board of the National Academies, Washington, D.C., 2009. ACRP Legal Research Digest 10: Analysis of Federal Laws, Regulations, and Case Law Regarding Airport Proprietary Rights This digest provides an overview of the law regarding airport operatorâs proprietary rights. It describes an airport operatorâs authority to acquire, operate, maintain, and improve the airport; to address noise; conduct fueling operations; or act as landlords. The digest offers some context for understanding the proprietary rights analysis by reviewing some of the factors that shaped the historical development of these rights along with an overview of current practices. The digest, which includes a limited survey of airports, highlights the variations in airport proprietary rights within a cross-section of states. Within some states, an airport proprietor has only operational jurisdiction at the airport while the local jurisdiction has the right to establish zoning authority and other requirements on airport property. In other states, airport proprietors have full authority to establish on-airport land use and to impose compatibility zoning around the airport. Howick, J. L., ACRP Legal Research Digest 10: Analysis of Federal Laws, Regulations, and Case Law Regarding Airport Proprietary Rights, Transportation Research Board of the National Academies, Washington, D.C., 2010. ACRP Legal Research Digest 14: Achieving Airport-Compatible Land Uses and Minimizing Hazardous Obstructions in Navigable Airspace This digest discusses airport-compatible land-use requirements, the legal issues related to achieving airport-compatible land use, eliminating hazardous obstructions to airspace, and legal issues faced by airports due to incompatible land use. The digest primarily addresses land use compatibility issues faced by public-use, civilian airport sponsors. The analytical focus is on the legal ramifications of using various methods available to airport sponsors to ensure airport-compatible land use. The digest identifies legal issues that should be considered when drafting airport zoning provisions, negotiating easements, and eminent domain proceedings. The digest indicates that adoption of zoning measures and other legal tools that vary from one jurisdiction to another contributes to the ongoing concern with encroachment of incompatible land use. The digest recommends local aviation planning be integrated with overall transportation and land use planning and be related to public health, safety, and welfare. Waite, J. K., ACRP Legal Research Digest 14: Achieving Airport-Compatible Land Uses and Minimizing Hazardous Obstructions in Navigable Airspace, Transportation Research Board of the National Academies, Washington, D.C., 2010. ACRP Legal Research Digest 15: Compilation of State Airport Authorizing Legislation This digest presents information pertaining to each stateâs airport-specific legislation including laws for establishing, developing, operating, expanding, and funding airports. The compilation focuses on legislation specifically applicable to public airports rather than legislation generally applicable to local government. The digest compares zoning and land use; purchasing authority; commercial operations; ground transportation funding and taxing authority; law enforcement; and sovereign immunity. The digest indicates that the statutes of nearly all states address land use measures near an airport, and that many statutes empower local jurisdictions to adopt airport-related zoning, particularly if local zoning is inadequate. A summary of different challenges to airport land use compatibility from landowners and
Resource Documents B-9 residents is also included, along with an overview of some legal cases that establish zoning and land use practices and state policies. The legal cases include: â¢ Biddle v BAA Indianapolis, LLC â¢ McCarran Intâl Airport v Sisolak â¢ DeCook v Rochester Intâl Airport Joint Zoning Board Howick, J. L., ACRP Legal Research Digest 15: Compilation of State Airport Authorizing Legislation, Transportation Research Board of the National Academies, Washington, D.C., 2012. Other National Resources and Guidance National Association of State Aviation Officials (NASAO) 2004 Land Use Survey The purpose of the NASAO Land Use Survey was to document the status of incompatible land use near airports nationwide. Surveys were sent to state aviation officials in all 50 states, Puerto Rico, and Guam. The survey questions encompassed topics such as the level of concern over incompatible land uses, the types of regulations available, and the role that federal and state agencies should play in addressing incompatibility land use issues at the local level. The results of the survey include a variety of comments on the issue of land use compatibility around airports and availability of land use tools and legislation. The results presented and analyzed in this report offer a broad look at how states are dealing with the threats of incompatible land uses. National Association of State Aviation Officials, Land Use Survey, 2004. American Planning Association: Planners and Planes: Airport and Land Use Compatibility The report describes the important links between community planning and airport planning. The report indicates that for an airport to be successful, it must be carefully and regularly considered in the community planning process. This consideration requires strong and constant communication amongst airport managers and community planners. The premise of the report is that airports and community planners must work together as partners during the development of planning processes to weave a communityâs vision, strategies, and values together with those embedded in airport planning. American Planning Association, Planners and Planes: Airport and Land Use Compatibility, 205 N. Michigan Ave., Suite1200, Chicago, IL, 2010. Presidentâs Airport Commission: The Airport and Its Neighbors This 1952 report, known as the âDoolittleâ report, was a response to President Trumanâs request to alleviate problems inherent in the location and use of US airports. It proposes policies and procedures designed to ensure sound and orderly development of a national system of airports to safeguard the welfare of the communities and to meet the needs of air commerce and the national defense. The report provides a variety of recommendations, including expanded federal matching funds for airport development, the integration of airports into local municipal and transportation planning, better zoning laws, and the protection of navigable airspace. Presidentâs Airport Commission, The Airport and Its Neighbors, Washington, D.C., 1952.