702 CMR: MASSACHUSETTS DEPARTMENT OF TRANSPORTATION:
AERONAUTICS COMMISSIONDIVISION
702 CMR 5.00: AIRPORTS, HELIPORTS AND RESTRICTED LANDING AREAS
702 CMR 5.00: M.G.L. c. 90, § 39.
Section
Sections
5.01 Tampering with Markings or Facilities: Applications
5.02: Entry on Operating AreasScope
5.03: MinimumApplication Requirements
5.04: Certificate of Approval
5.05: Alterations/Changes to Airport, Heliport or Surrounding Area
5.06: Certification Requirements
5.07: Restricted Landing Areas
5.08: Airport Managers
5.05: Operation of Aircraft Weighing Less Than 400 Pounds (Except Lighter Than-Air
5.06: Basic Uniform Airport Regulations
5.07: Provisional Certificates of Approval
5.09: Enforcement
5.01: Tampering with Markings or FacilitiesApplications
No person shall tamper with, alter, destroy, remove, carry away or cause to be carried away, any
object or objects pertinent to the proper functioning or marking and lighting of airports or
restricted landing areas or other aeronautical facilities; or in any way change the position or
location of such object or markings except by the direction of the proper authorities charged with
the maintenance and operation of such facilities.
Pursuant to G.L. c. 90, § 39B, no one may establish, alter, activate or deactivate an airport,
heliport or restricted landing area without first obtaining a certificate of approval issued by the
division pursuant to 702 CMR 5.02 to 5.06.
5.02: Entry on Operating AreasScope
Except in cases of obvious emergency or distress requiring immediate assistance, no person shall
enter, cross or occupy on foot, or cause any vehicle, except aircraft, to enter, cross or occupy any
runway, taxi strip or aircraft operating area located on any airport or landing field approved by
the Commission under the authority contained in M.G.L. c. 90, § 39B, during the hours of
operation of said airport or landing field except after obtaining permission from the airport
manager or his authorized representative or from the control tower located at said airport or
landing field.
This section does not apply to:
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(1) private restricted landing areas, provided that any person constructing or maintaining a
private restricted landing area must so inform the division in writing, and construct and maintain
such landing area in accordance with all applicable standards and in such a manner as shall not
endanger public safety;
(2) airports, heliports or restricted landing areas operated by the Massachusetts Port Authority
pursuant to Chapter 465 of the Acts of 1956 (as amended); and
(3) airports, heliports or restricted landing areas operated by the United States government
including military airports.
5.03: MinimumApplication Requirements
(4) The applicant shall set forth the general purpose or purposes for which the airport, heliport or
restricted landing area is to be established and ensure that the site, and its use, conform to all
applicable safety standards.
(5) All applications for an airport, heliport or restricted landing area must be submitted at least
90 days prior to the date the applicant intends to use the site as an airport, heliport or restricted
landing area.
(6) Applicants proposing an airport, heliport or restricted landing area or alterations to an airport,
heliport or restricted landing area that is not located on property owned or controlled by the
applicant or is partially located on property owned or controlled by others, must obtain
authorization from the owner or person in control of the property to use the property. The
signature of the owner or person in control of the property must be notarized. Such written,
notarized authorizations must expressly authorize the applicant to apply for the activities set
forth in the application.
(7) Information required in the application includes the address, a description of the airport,
heliport or restricted landing area, the general purpose or purposes for which the airport, heliport,
or restricted landing area is to be established, the dates and times of the proposed use, a site plan
drawn to scale, and a written plan addressing safety and security.
(8) Applications for an airport, heliport, or restricted landing area must be accompanied by a fee
in the amount determined by the division.
(9) An airport, heliport or restricted landing area shall be inspected by the division prior to the
issuance of a certificate of approval. The inspection shall include but not be limited to: wind
indicators, management requirements, surface condition reporting, plans for safety and security,
emergency equipment, established approaches, and ground-to-air communications, and other
requirements deemed by the division to be applicable to the particular landing site.
(10) The applicant shall send written notification to the respective fire and police departments in
the city or town where the proposed airport, heliport or restricted landing area is located. Such
notification shall state that an application for a certificate of approval has been filed with the
division, and that the applicant will notify the fire and police departments of application
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approval. The applicant shall submit a copy of this notification with the application for a
certificate of approval.
(11) Pursuant to G.L. c. 90, § 39B, before issuing a certificate of approval for an airport, heliport
or restricted landing area, the division shall hold a public hearing in the city or town where the
airport, heliport, or restricted landing area is to be located.
5.03: Certificate of Approval
(1) Airport--Land.The division will identify any apparent safety issues to be addressed or
considered prior to use of the airport, heliport or restricted landing area using FAA requirements.
(a) Size. The landing area shall have at least one free and unobstructed landing strip with a
usable length of 1500 ft. (computed at sea level). The effective length is predicated upon a
20-1 approach. There shall be no fixed obstructions within 150 ft. of the center line of the
landing strip nor shall there be any such obstruction extending above the required 20-1 slope
within 250 ft. of the center line of the strip projected for 10,000 ft.
(b) Marking.
1.
The area available for the landing of aircraft must be adequately marked. Airports
without paved runways shall have the boundaries of the usable landing area defined with
clearly visible markers painted with alternate yellow and black stripes. The name of the
field or the locality in which it is located must be marked on a hangar roof, runway or
other suitable location so as to be clearly visible to aircraft circling the field. The letters
shall be painted yellow on a black or dark background.
2.
Devices conforming to currently effective federal standards for marking closed or
unsafe landing areas shall be available for use.
(c) Wind Direction Indicator. There must be a wind indicator consisting of either a wind
sock, tetrahedron or wind tee.
(d) Servicing Facilities. There must be a hangar for the housing of aircraft; aviation gasoline
and oil must be available for sale; there must be facilities for minor aircraft and engine
repairs and facilities for tying down aircraft.
(e) Airport Manager. There must be an airport manager licensed as provided hereafter in 702
CMR 5.04, and he or his authorized representative shall be available during hours of
operation of the airport.
(f) Bulletin Board. There must be a bulletin board upon which shall be kept posted the
certificate of airport approval issued by the Commission, the license of the airport manager,
the hours of operation of the airport during which service shall be rendered and a copy of the
local airport regulations which shall provide for the safe operation of the airport, as provided
hereafter in 702 CMR 5.06.
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(g) Register. There must be available for use by pilots an airport register in which may be
logged pertinent information on pilots and aircraft.
(h) Communications. There must be a telephone available for use and either a weather
teletype circuit or a radio receiver capable of receiving airways weather reports.
(i) Emergency Equipment. Fire fighting and crash equipment including first-aid kits suitable
for the extent of anticipated operation must be readily available.
(j) Fencing. The area set aside for the use of the general public must be fenced or otherwise
restricted so as to exclude the general public from the landing and aircraft operating areas.
(k) Surface. Except for temporary conditions due to snow, ice or flood or unavoidable
casualty, the surface must be safe for year round operation.
(l) Rest Rooms. Adequate rest room facilities shall be provided.
(2) Airport--Water.It is the responsibility of the recipient of a certificate of approval for an
airport, heliport or restricted landing area to independently determine whether aircraft may be
safely landed at the proposed site and ensure that the surface of the landing area remains cleared
of any obstructions and available for safe operations at the time the use is proposed.
(a) Size. There must be a free and unobstructed landing strip at least 5000 ft. long and 500 ft.
wide. Effective length is predicated upon a 20-1 approach. There shall be no fixed
obstructions within 250 ft. of the center line of any landing strip, nor shall there be any such
obstructions extending above the required 20-1 slope within 250 ft. of the center line of the
strip projected for 10,000 ft.
(b) Marking.
1.
The ramp, dock, hangar, float or suitable building shall be marked in conformance
with currently effective federal standard seaplane base insignia in addition to the name of
the base or the locality in which it is located.
2.
See 722 CMR 5.03(1)(b)2.
(c) Wind Direction Indicator. See 702 CMR 5.03(1)(c).
(d) Servicing Facilities. There must be suitable docking facilities for loading and unloading
passengers; aviation gasoline and oil must be available for sale; and there must be facilities
for minor aircraft and engine repairs.
(e) Airport Manager. See 702 CMR 5.03(1)(e).
(f) Bulletin Board. See 702 CMR 5.03(1)(f).
(g) Register. See 702 CMR 5.03(1)(g).
(h) Communications. See 702 CMR 5.03(1)(h).
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(i) Emergency Equipment. Fire fighting and crash equipment including first-aid kits suitable
for the extent of anticated operation must be readily available. A power boat must be
available at all times when operations are in progress.
(j) Rest Rooms. See 702 CMR 5.03(1)(l).
(3) Restricted Landing Area--Land:Any approval issued by the division shall be limited to the
facts submitted with the application and be subject to the recipient of a certificate of approval for
an airport, heliport or restricted landing area’s and aircraft pilot’s independent determination that
the particular aircraft may be safely operated at the site prior to each use.
(a) Landing Fields.
1.
Size. Landing area and approaches must be such as, in the opinion of the
Commission, will permit the safe operation of the types of aircraft for which the field is
approved.
2.
Marking.
a. The area available for the landing of aircraft must be adequately marked. Fields
without paved runways shall have the boundaries of the usable landing area defined
with clearly visible markers painted with alternate yellow and black stripes.
b. See 702 CMR 5.03(1)(b)2.
3.
Wind Direction Indicator. See 702 CMR 5.03(1)(c).
4.
Servicing Facilities. There must be available for sale aviation gasoline and oil and
facilities for tying down aircraft.
5.
Airport Manager. See 702 CMR 5.03(1)(e).
6.
Bulletin Board. See 702 CMR 5.03(1)(f).
7.
Register. See 702 CMR 5.03(1)(g).
8.
Communications. See 702 CMR 5.03(1)(h).
9.
Emergency Equipment. See 702 CMR 5.03(1)(i).
10.
Fencing. See 702 CMR 5.03(1)(j).
(b) Landing Area--Water.
1.
Size. The water area and approaches must be such as, in the opinion of the
Commission, will permit the safe operation of the types of aircraft for which the seaplane
base is approved.
2.
Marking.
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a. The ramp, dock, hangar, float or suitable building shall be marked in conformance
with the currently effective federal standard seaplane base insignia.
b. See 702 CMR 5.03(1)(b)2.
3.
Wind Direction Indicator. See 702 CMR 5.03(2)(i).
(c) Restricted Landing Area--Non-Commercial Private Use. Landing areas which are used
solely for non-commercial, private use do not require an approval from the Commission but
must be registered annually on forms provided therefor by the Commission. Landing areas
used exclusively by rotary-wing aircraft which are owned and used by an individual or
corporation for his or its own business purposes will be considered in this same category.
(4) Heliport--General. Prior to conducting any commercial flight operations from either a site
that is to be open to the public (heliport) or otherwise to be used by a specific commercial
operator (Limited Commercial Helicopter Landing Area), the proponent must have received
written permission for the intended use, if not the owner of the proposed site; obtained an initial
site approval from the Commission, pursuant to M.G.L. c. 90, § 39B, and filed an Environmental
Notification Form (ENF) with the Department of Environmental Quality Engineering. Final
approval by the Commission shall be conditional upon successful clearance of the ENF or its
subsequent study and to final Commission inspection, based upon the following minimum
requirements.A certificate of approval issued by the division does not obviate the need for
compliance with any other applicable federal, state, or local laws.
(5) Minimum Requirements--Heliport.The certificate of approval shall only apply to those types
of flight operations requested by the applicant.
(a) Size. The minimum size shall be as provided in the Design Guide
(b) Marking. The standard markings described in the Design Guide shall be used.
(c) Wind Indicator. There must be wind direction indicator consisting of a standard
windsock.
(d) Manager. There must be someone in charge who shall be licensed by the Commission as
a manager whose qualifications and duties shall parallel those as specified by 702 CMR
5.04(2) and (3), respectively. The manager shall normally be available during the hours of
operation of the heliport.
(e) Surface. Except for temporary conditions due to snow, ice, flood, or for mechanical
reasons, the surface shall be available for safe, year-round operations.
(f) Emergency Equipment. Fire fighting equipment and first aid kits suitable for the
anticipated operations shall be readily available.
(g) Pedestrian Control. The area set aside for flight operations must be adequately isolated or
otherwise restricted from the general public. There shall be a method of escorting passengers
to and from each helicopter using the facility.
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(h) Approaches. There shall be a minimum of two approach departure paths not less than 90°
apart. Curved paths may be permitted. The paths shall be sufficiently clear of obstructions to
allow for a safe autorotative landing, should a helicopter be unable to return to the heliport in
an emergency, and for continued flight in a multi-engine helicopter should an engine fail
after takeoff. Approach and departure slope angles shall be no steeper than 8:1.
(i) Certificate of Approval. The heliport shall be issued an annual certificate of approval by
the Commission, listing restrictions, if any. The certificate shall be issued upon satisfactory
compliance with the minimum requirements as specified in 702 CMR 5.03(5)(a) through (h).
Certification may be withdrawn at any time for compliance failure.
(j) Communications. There shall be a unicom with the appropriate frequency, in addition to
a telephone for obtaining weather information.
(6) Minimum Requirements--Limited Commercial Helicopter Landing Area.The recipient of a
certificate of approval for an airport, heliport or restricted landing area must ensure that the use
of the site complies with any conditions imposed by the division in the certificate of approval.
(a) Size The minimum size shall be determined by the Commission and shall be based upon
the requested size.
(b) Marking. There shall be no markings.
(c) Wind Indicator. See 702 CMR 5.03(5)(c).
(d) Manager. See 702 CMR 5.03(5)(d).
(e) Surface. See 702 CMR 5.03(5)(e), except shall not apply during periods of seasonal shutdown or when otherwise not in use.
(f) Emergency Equipment. See 702 CMR 5.03(5)(f).
(g) Pedestrian Control. See 702 CMR 5.03(5)(g).
(h) Approaches. See 702 CMR 5.03(5)(h).
(i) Letter of Authorization. The proponent of the landing area may be issued an annual letter
of authorization listing restrictions, if any, by the Commission. The authorization shall only
apply to those specific flight operations requested by the proponent. The landing area shall
not be open to other commercial operators without written permission of the property owner,
and authorization from the Commission. Letters of authorization may be issued upon
satisfactory completion of 702 CMR 5.03(6)(a) through (h). The letter may be withdrawn at
any time for compliance failure.
(7) Private Use Helicopter Landing Area. Any helicopter landing area intended for private, noncommercial use shall be in the same category as the type of landing areas specified by 702 CMR
5.03(3). The landing areas shall not, in the opinion of the Commission, endanger the public
safety and the proponent shall initially and annually thereafter inform the Commission of forms
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provided by the Commission.The recipient of a certificate of approval for an airport, heliport or
restricted landing area has an ongoing duty to maintain the certificate and ensure that there are
not any changes or alterations as set forth in 702 CMR 5.05.
(8) Temporary Helicopter Landing Site. Except in an emergency, a landing site may only be used
for occasional transient landings after it has been determined, in advance, by the pilot, that
permission from the land owner has been obtained and that both the landing and takeoff shall not
endanger the public safety.The certificate of approval must be posted in the place of business in
clear view of the public at all times.
5.04: Alterations/Changes to Airport, Heliport, Restricted Landing Area or Surrounding Area
It is the obligation of the recipient of a certificate of approval for an airport, heliport or restricted
landing area to notify the division of any:
(1) alteration to, or de-activation of, the site; and
(2) change to the airport, heliport, restricted landing area or properties in the vicinity of the site
that may affect the ability to land an aircraft. All alterations or changes must be approved by the
division in advance of any use or change in use.
5.05: Inspection Requirements
(1) Airports, heliports and restricted landing areas shall be subject to inspection by the division
with or without notice pursuant to 702 CMR 3.03: Inspections. Airports servicing air carrier
operations pursuant to 49 C.F.R. Part 139 are subject to FAA inspection.
(2) The inspections shall meet the criteria as set forth in 702 CMR 5.03.
5.06: Private Restricted Landing Areas
Persons maintaining a private restricted landing area must register with the division annually,
and such landing areas shall be subject to an inspection at least once every five (5) years by the
division with reasonable notice.
5.04: Airport Managers
(1) Licensing. Any person, qualified as provided hereafter in 702 CMR 5.045.08(2), who
successfully passes a written examination given by the Commissiondivision, may be licensed
byas an Airport Manager. The Commissiondivision may, after due hearing if such hearing is
requested, revoke or suspend any license issued hereunder for any cause which, in its discretion,
it may deem sufficient.
(2) Qualifications. Any citizen of the United States or an alien who has filed his declaration of
intention to become a citizen of the United Statesa resident alien, at least 21 years of age, having
a high school education or its equivalent, is eligible to take the required licensing examination.
(3) Duties. The designated Airport Manager shall:
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(a) Except when operations are specifically authorized by state or federal authority
(scheduled airlines, etc.) haveHave authority to suspend flying operations on or from the
airport by displaying standard markers as described in 702 CMR 5.03(1)(b)2., when in his
opinion the condition of the landing areas or local conditions might make such operations
unsafe.
(b) Be responsible for the observance in the operation of the airport of all theapplicable laws
governing aeronautics and the rules and regulations adopted or approved thereunder,
including all requirements of 14 C.F.R. Part 139 if applicable.
(c) Designate a person whom he deems competent and whom he has instructed on the action
to be followed in emergency situations to act in his stead at such times as he shall be absent
from the airport.
(d) Report to the Commissiondivision infractions of aeronautical laws, rules or regulations
and, or accidents on or in the vicinity of the airport, or involving aircraft or airmen based at
or customarily operating from the baseairport under the manager’s jurisdiction.
(e) Report to the nearest State Police Teletype Station for transmission to the
Commissiondivision all changes in size, marking, lighting, obstruction or surface conditions
of landing areas of the airport which might affect the safety of aircraft operations. Such
reports shall contain the name and authority of the person making the report and an amplified
copy of the report shall be
(f) Forwarded to the Commission, on March 1st and September 1st of each year, a listing of
all aircraft based at the airport.Forward to the division, on March 1st and September 1st of
each year, a listing of all aircraft based at the airport.
5.05: Operation of Aircraft Weighing Less Than 400 Pounds (Except Lighter Than-Air
No aircraft having a gross take-off weight of less than 400 pounds, including model aircraft,
shall be flown from or over any airport or landing field unless permission therefore, in writing,
has been secured from the airport manager or his duly authorized representative. The airport
manager shall designate the portion of the field to be used and shall take all necessary
precautions to ensure the safety of the public on the ground and of aircraft in the air. Rules
governing the conduct of such activity shall be drawn by the airport manager and shall include
the following provisions:
5.07: Enforcement
(1) Pursuant to M.G.L. c. 90, the division may issue orders to cease any activity which violates
the provisions of M.G.L. c. 90, 702 CMR or any other law related to the operation of an airport,
heliport or restricted landing area.
(2) A person who fails to comply with any provision of 702 CMR, or any order issued by the
division pursuant to 702 CMR 5.09(1), or who makes any false or misleading statements in
information submitted to the division pursuant to 702 CMR or M.G.L. c. 90, may be subject to:
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(a) The definite boundaries of the area to be utilized.fines, arrest and imprisonment pursuant
to M.G.L. c. 90, § 44.
(b) The periods of suspension of activity before, during and after scheduled or other aircraft
operations.the suspension, revocation, or conditioning of any license, permit or registration
issued pursuant to 702 CMR and M.G.L. c. 90; and
(c) The limitations or duration of flight of the aircraft or models.any other order, fine, or
penalty as may be issued pursuant to M.G.L. c. 90, § 40.
(d) Procedure for the retrieving of such aircraft or models.
5.06: Basic Uniform Airport Regulations
The designated manager of an approved privately owned commercial airport, landing field or
seaplane base may adopt and enforce safety regulations pertaining to the landing area for which
he is responsible. Such regulations shall not be effective until approved by the Commission and
until copies thereof have been filed with the Commission and have been conspicuously posted at
the landing area concerned.
5.07: Provisional Certificates of Approval
The commission may, after inspection of the maintenance and operation of an airport, require
that the airport owner and operator acknowledge in writing that a hazardous condition(s) exists
or is potentially developing. The commission may further require that an agreed plan of action to
ameliorate said hazardous conditions be developed and documented within 120 days of the
issuance of a Provisional Certificate as described herein.
In such cases, the commission may decline to issue an unrestricted Certificate of Approval, and
instead issue a Provisional Certificate of Approval, which, during the term of its validity, is
intended to be the equivalent of an unrestricted certificate for the purposes of M.G.L. c. 59, § 5,
para. 38, and all other purposes, so long as the following conditions are met: the said Provisional
Certificate; the said inspection report; and the said amelioration plan must all be posted in a
generally accessible, heavily trafficked, and centrally located area of the airport offices, with the
object of providing actual notice to the users of said airport of the existence of the said
conditions, amelioration plan, and qualified approval. Said provisional certificate shall remain
valid so long as the amelioration project continues to move forward at a rate that is acceptable to
the commission in its sole judgment. Upon completion of the amelioration project, the airport
owner or operator may request that a final inspection be made, which shall be made within 90
days of the request, if practicable. Said inspection, if satisfactory to the commission, shall then
entitle the airport to an unrestricted certificate of approval.
REGULATORY AUTHORITY
702 CMR 5.00: M.G.L. c. 90, §§ 35, 39, 40, 40A-40G
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