“I’ve been in aviation over 50 years. Worked at several airports. If you want to protect the approach, own the property,” wrote Randy Coller in response to my last column, “Pay attention,” about the challenges coming to Warner Robins Air Park (5A2) in Georgia.
The topic came up as a result of the Warner Robins City Council approving the annexation of a small parcel of land off the end of 5A2’s runway from Houston County.
“Don’t depend on local land use zoning,” Randy continued. “City officials will always approve what brings in the most tax revenue (development). 14 CFR Part 77 doesn’t have any teeth to protect the approach (except for transmission towers that require FCC license). A few states have effective height zoning.”
Aircraft Owners and Pilots Association (AOPA) Regional Manager Tom Chandler agrees.
“I’d just like to emphasize what Randy said about Part 77 regs having no teeth and highlight that this includes public airports, not just private ones,” he said.
So, owning is better than zoning.
According to qPublic.net, CCCCT Investments bought the 4.4 acre parcel from Smithville Holding Company for $30,000 on June 23, 2023.
qPublic.net shows the value of the property as $32,400 and estimated taxes are $313.24.
According to 5A2 pilot Pete Wilson, via a WGXA News story, the airport was built in the mid-1960s and “there was nothing but farms around.”
And those farms are now long gone.
I don’t mean to pick on Warner Robins. I’m just using them as an example. There are likely similar situations all around the country. Maybe even at your airport.
Stay Ahead
Flight instructors teach aspiring pilots to “stay ahead of the airplane.”
Do we do that when it comes to airports? Do we stay ahead of the airport or are we playing catch-up?
I’d guess the latter in many cases. That’s why we are on the defense in so many places.
While zoning is no match to owning the land, “the best zoning ordinances mirror Part 77 specifically,” Chandler said.
“Without proper zoning, even your public airport may be as vulnerable as the private ones mentioned in the article. Ask your airport manager or city/county zoning department to find out what zoning is around your airport. Typically, the smaller the airport and town, the more likely that proper zoning is not in place. If you are interested in protecting and promoting your airport, please consider becoming your airport’s AOPA Airport Support Network volunteer.”
Even if the zoning around your airport matches Part 77, reader Jack M’s comment reinforces Randy’s.
“Locally here in central Pennsylvania, zoning ordinances are always challenged by some property owner who wants a variance of an existing ordinance. No one is safe from commercial incursion.”
Whether you fly from a publicly or privately owned airport, it will be worthwhile to connect with the operator/owner to discuss adjoining properties and zoning.
And if you don’t like what you learn, make a plan to preserve and protect the airport.
We must stay ahead of the airport.
I absolutely agree that airports are under assault all across the country, invariably due to encroaching development and the pressure to cease, or at least alter, operations.
It’d be great if you could back up a few steps to the broader, regional land-use planning “phase” to check for possible ambushes. Unfortunately, if you’re forced to solve airport issues down at the very granular, local zoning level…it’s a bit late, and purchasing the ‘problem’ may be the only solution.
Regardless, I think this article, and its December predecessor, may be mixing “apples & oranges” issues. Tough to condense a very complex topic into a few sentences, but:
Let’s assume your already-established, public-use GA airport is part of the National Plan for Integrated Airport Systems (NPIAS), and is eligible to receive FAA Airport Improvement Program (AIP) funds.
Ownership by itself doesn’t matter; “public use” does. There are many privately-owned, public-use airports that are part of NPIAS.
Unfortunately, 5A2 is not.
But for the many small “Basic” and “Local” airports that are in NPIAS:
Your best chance of preserving your airport, and specifically, protecting your airspace, is to get actively involved in the airport’s master plan update process. That usually only occurs every 7-10 years; but it can be ‘sped up’. The planning itself qualifies for federal funding.
Airport master planning can be an extremely complicated and contentious process, even for a small GA airport. There’s a large roster of players involved…often including ones that don’t why, how, or what their specific roles are…
But the public definitely has opportunities to participate and influence the outcome. Sadly, it’s not unusual for the opponents to outnumber the proponents.
The goal of the master plan update is to produce an updated FAA-approved Airport Layout Plan (ALP). That ALP is a legal document that DOES allow the FAA to protect the airspace for facility or approach procedure improvements. It is the airport sponsor’s job to prove they are necessary.
As far as blanket statements like “Part 77 having no teeth…”
True. While 14 CFR Part 77 details the process the “Administrator” uses to determine if any proposed construction constitutes a “hazard to air navigation”; the FAA cannot prevent the construction of structures near an airport:
“The airport environs can only be protected through such means as local zoning ordinances, acquisitions of property in fee title or aviation easements, letters of agreement, or other means.” (Source: FAA)
However, to prevent tragedies like the 2022 Cessna Caravan crash in Burley ID, I’ll bet local agencies, authorities, and developers are more willing to comply with FAA directives.
Perhaps what airports should do is get grant money to buy out the land of the runway safety area and at a minimum get deed restrictions on that land and then if forced to sell it, the airport would be protected — assuming the deed restrictions are “permanent”.
The deed restriction verbiage would be to prohibit buildings that have sound sensistivities, schools, and similar along with limitations on hight of buildings and attachments (e.g., towers, antennae, etc.).
OR, start lobbying your state to protect airports from myopic elected officials.
My experience was on airport interests opposing any new on airport interests, although the new was to better fulfill aspects the existing neglected.
35 years later with big money buy outs the new is in control.
Then there’s the encroachment issues vs insurance, politics, big real estate money, existing home owners wanting increased property value and so on.