CM Module 1: Aiport Land Use

Objective 4:Understand the definitions and restrictions of airport land use.

________ land use around an airport can affect an aircraft’s safe and efficient operation.

Incompatible

FAA desires that off-airport developments are _______ with airport operation; adequate land for _______ use on an airport; _____ may remain that way for an extended period.

compatible; aeronautical; land

Airports must account for land acquired with federal funds and designate the uses of land on airport property as either _______ or non-_______.

aeronautical or aeronautical

Grant Assurance 4 (Good Title) - requires the airport to ____ Good Title to the airport that is satisfactory to the FAA or give satisfactory assurance to the FAA that Good Title will be ______.

hold or acquired

Complete title search report of all airport property depicted on the current ____ ______ _______ and Exhibit “___” maps.

Airport Layout Plan (ALP) and A

Grant Assurance 5 (Preserving Rights and Powers) - prohibits an airport from ______, _______, encumbering, or otherwise ________ or disposing of any part of its title or other interests without the prior written approval of the FAA.

selling, leasing transferring

On-airport ______ use can be further distinguished between aeronautical use or non-aeronautical use.

land

Non-aeronautical use refers to land that does not support an ________ activity but is used to generate _______ support the airport’s aviation needs.

aeronautical; revenue

The FAA considers the ______ of aeronautical use property to non-aeronautical use a serious issue because once the land is _______ as non-aeronautical use, it rarely can return to aeronautical use.

transfer and designated

Off-airport land use is often a challenging issue due to the existence of many airport sponsors or airport management’s inability to control those _______ and ________ that occur beyond the airport’s ________.

activities; developments; boundaries.

Land use planning is an essential tool to ensure that activities on land _______ to or _______ the airport are compatible with normal airport operations.

adjacent; near

The FAA method to influence airport land use surrounding the airport is primarily through _______ assurances.

grant

An airport must have an FAA-approved ALP as a prerequisite to granting AIP funds for airport _______ or for a surplus ______ instrument transfer terms and conditions modification.

development; property

The approved ______ is an essential tool for controlling the subsequent development of airport facilities.

ALP

Grant Assurance 21, Compatible Land Use, which requires the airport to attempt

to ______ the use of ________ land or land in the _______ vicinity to activities and purposes compatible with airport operations.

restrict; adjacent; immediate

______ restrictions are addressed in Grant Assurance 20, Hazard Removal and Mitigation, which requires the airport to take necessary actions to protect the ______ around the airport, including visual and instrument approach paths.

Height; airspace;

The consequences of incompatible land use on or around an airport could be lost _______ costs due to passenger delays resulting from constraints to airport ______ and ______ development.

economic; operations; capacity

The FAA requires that in either circumstance — control or influence — that the airport executive ______ to restrict incompatible land use around the airport.

attempt

The master plan should be incorporated into the local land ____ plan and used by local _____ and _______ entities to evaluate new developments concerning the airport environs.

use; planners; zoning

Other tactics to prevent incompatible development may include:

• Requesting to use ____ ______ money from the FAA to ______ land before the incompatible development is constructed on the land.

• Negotiating with adjacent ______ agencies to re-_____ residential use land to commercial or light industrial (or other such designation).

• Securing avigation _________ on the property.

AIP Grant; acquire; zoning; zone; easements

An _______ represents an ownership interest in the property and may result in notification to landowners or lessees that they are in an area that may be impacted by airport _____.

easement; noise

FAA Modernization and Reform Act of 2012 changed the FAA’s position to permit GA airports to enter into residential, _____-______-_______ agreements with property ______ or _______ representing property owners.

through-the-fence; owners; associations

Common Types of Aeronautical Activities:

1. Scheduled or Non-Scheduled Air Carrier

Services (Air Taxi and Charter Operations)

2. Flight Training and Aircraft Rental

3. Aviation Maintenance Operations

4. Maintenance Repair Stations (MROs)

5. Aerial Photography

6. Crop Dusting

7. Aerial Advertising (banner towing)

8. Sightseeing by Fixed-wing and Rotary-wing

Aircraft

9. Aerial Surveying (or surveillance)

10. Aircraft Sales

11. Aircraft Storage

Grant Assurance 19, Operation and Maintenance, is the most encompassing federal grant assurance related to an airport’s ____-__-_____ operation. It is the establishment of _____ and ______ at each airport.

day-to-day; rules and regulations

Grant Assurance 22, Economic Nondiscrimination, and Grant Assurance 23, Exclusive Rights, also affect permitted activities

Rules and Regulations for airport operations areas: _______, conduct of individuals using the airport; Conduct of tenants and vendors using the airport; Schedule of fees, rates and charges; Vehicle movement in the Air Operations Area (AOA) and Aircraft Movement Area (AMA); Aircraft operations

security

An important element of keeping the airport safe is to regulate the activities found to be permissible at the airport by ______ and ________ business operating standards.

developing and enforcing

(Advisory Circular 150/5190-1, Minimum Standards for Commercial Aeronautical Activities on Public Airports) review this AC

The FAA states the following: “A Sponsor’s establishment of ________ standards and _____-service rules and regulation contributes to the nondiscriminatory treatment of airport tenants and users.”

minimum; self

Minimum standards allow an airport operator to (FAA, 2009, p. 10-1):

• Better ensure a safe ________ environment.

• Prevent ________ between aeronautical providers and reduce potential _______.

• Ensure the orderly ________ of the airport.

• Comply with _____ assurances.

operating; disputes; complaints; development; grant

Minimum standards protect airport tenants:

• By protecting them from the potential devaluation of their ______ and _______ from new competition entering the airport market at lower than required initial investments and operating requirements.

• By providing a level playing field in which airport tenants understand and abide by the ______ and _______ levels of commitment.

lease and operation; initial and continuing

Minimum standards must:

• Apply to all providers of _________ services.

• Be reasonable, not unjustly _______, reasonably protect providers of aeronautical services from unreasonable competition.

• Be _____ to the activity for which they apply (e.g., all flight schools would be required to meet the MS for an airport, but the flight schools would not have to meet the air carrier standards or the standards for an aviation maintenance operation).

• Provide the ______ for others that meet the standards to offer aeronautical services.

aeronautical; discriminatory; relevant; opportunity

The airport must subject each FBO or SASO to the same ____, _______, ________ and other charges as are uniformly applicable to all other FBOs/SASOs

rates, fees, rentals

Examples of Common Minimum Standards:

• Hours of Operation

• Levels of Expected Service

• Security requirements

• aircraft removal

The FAA also typically does not review airport fees or question the fairness or comparability of the sponsor’s rates, fees and rental structure, unless a _______ has been filed with the FAA that alleges sponsor non-______ applicable assurance.

complaint; compliance

The FAA does not support “____-___-____ blank” MS nor the blanket adoption of another airport’s MS. The MS need to be modified significantly to meet the specific airport’s ____.

fill-in-the; need

Under Assurance 22, the airport must be available for public use on reasonable terms and without unjust discrimination to all ____, _____, and ________ of Aeronautical activities, including commercial Aeronautical activities offering services at the airport.

types, kinds, and classes

The term “unjust discrimination” does not mean the airport cannot discriminate, just that it may not ______ discriminate.

unjustly

Restrictions (in reference to MS) that have been permitted in the past include:

• ______ the use of an airport by an aircraft that does not have adequate communications equipment.

• Aircraft _____ restrictions.

• Prohibiting certain operations that affect other _______ activities.

prohibiting; weight; aeronautical

One example of prohibiting certain operations would be a busy air carrier airport that restricts _____-and-_____ operations by GA aircraft used in flight training.

touch-and-go

Exclusive rights that states, “A person does _____ have an exclusive right to use an air navigation facility on which government ______ has been expended.

not; money

Grant Assurance 23, Exclusive Rights, restricts the airport executive from granting any _____ the exclusive right to conduct a particular commercial aeronautical service unless it would be unreasonably costly, burdensome, or impractical for more than ____ FBO to provide such services, and if allowing more than one FBO to provide such services would require the _______ of space leased to an existing tenant. Both conditions must be met.

The second exception does not allow an airport to misuse the space limitation exception by leasing all available land to an entity to _____ competing businesses from _____ or use.

tenant; one; reduction; prevent; access

In reference to Exclusive Rights - the business volume may not be sufficient to ______ more than one particular enterprise. As long as the ________ to engage in an aeronautical activity is available to those meeting reasonable qualifications and standards relevant to such activity.

attract; opportunity;

The FAA does not desire an airport to use MS in a way to unduly prohibit a type of aeronautical ______ or _______, nor to create an exclusive right.

operation or business

A notable exception to the granting of exclusive rights is if the airport sponsor elects to provide any or all _______ services needed at the airport.

aeronautical

Various levels of service that air carriers can be held to, depending on the agreement’s ________. Minimum standards often are not drafted for ______ air carrier operations, but this does not ______ the airport operator from drafting them.

content; scheduled; preclude

FAA prohibits an airport sponsor from inadvertently (or intentionally) conveying an exclusive right to an air carrier solely based on the _________ of _________ facilities to accommodate the new carrier.

nonavailability; existing

Grant Assurance 39, Competitive Access, requires ______ and _______ hub airport operators to report to the Secretary of Transportation any _____ of a request by an air carrier to access the airport.

large and medium; denial

Grant Assurance 22, Economic Nondiscrimination, airport operators are allowed to implement reasonable ______ and _____ for the airport’s safety. For example, Aircraft maintenance, fueling operations and painting can be confined to appropriate locations.

restrictions and rules

Self-fueling is an airport tenant that fuels its own _____ with its own ____ and _______.

aircraft; fuel and personnel

Self-service fueling is an optional function of an FBO that provides a _____ ______ for small aircraft operators to pump the FBO’s fuel into their aircraft rather than using FBO ______ to pump the gas.

gas pump; personnel

In some, instances, an airport classifies an _____ fuel provider as an FBO, thereby allowing the FBO to provide fuel to the _____.

airline; airline

If a private hangar ______ desires to conduct an ______ service, they should meet the appropriate SASO category’s requirements.

lessee; aeronautical

The FAA’s overall position on hangars is they should be used to store an _____ — i.e., an approved aeronautical use.

aircraft

The following are not appropriate uses for a hangar, regardless of who owns it (FAA, 2016):

• Using a hangar as a _______.

• Using it for general ______ of non-aeronautical items

• Any activity that ________ the movement of aircraft.

• Using it as a _____ of operations for a no-aeronautical business.

residence; storage; impedes; base

Under FAR Part ____, Maintenance, Preventive Maintenance, Rebuilding, and Alteration, pilots may perform specified ______ maintenance on any aircraft they ____ or _____, provided the plane is not used in a commercial flight operation. Some examples: Preventive maintenance items can include: Tire repair, adding oil or air to landing gear shock struts.

43; preventive; own or operate

Grant Assurance 5, Preserving Rights and Powers, restricts the airport sponsor from taking any action that would ______ it of the ability to manage the airport ______.

deprive; properly

A Through-the-Fence agreements operation is a business operation located off the airport ______ and, therefore, is not under the airport’s _____.

property; control

TTF operations are not prohibited, but in most cases they strongly are discouraged by the FAA due to _____, _______, _______ equity concerns at airports.

safety, security, and economic

Airports are expected to negotiate a TTF agreement and require access fees _______ to the amount of money it would cost, if the TTF entity were required to lease the same amount of _______ from the airport.

proportional; property

The off-airport entity also may not be subject to _____ assurances, which may create an _____ playing field for on-airport tenants

grant; uneven