Planning and Development
Stephen Culberson
Ricondo & Associates, Inc.
Peter Kirsch
Kaplan Kirsch & Rockwell LLP
Presentation Topics
• Introduction to Airport Planning and
Development
• Airport Planning Issues
• Legal Issues
• Land Acquisition
• Height Restrictions
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Why Plan?
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Why Plan?
• Identify and understand problems
• Identify and avoid potential environmental issues
• Engage stakeholders early
• Demonstrate funding eligibility
• Develop viable solutions
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Why Plan?
• ALL federally obligated airports are required to
maintain an updated Airport Layout Plan (ALP)
• ALL airport development must be done in
accordance with an FAA-approved ALP
• When the FAA approves a project, it is in effect
approving an ALP update
• Approved plan is necessary to receive federal
financial assistance under the Airport
Improvement Program (AIP)
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Challenges in Today’s Environment
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Challenges in Today’s Environment
• Airports are seeking ways to:
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Cut costs
Generate revenue
Improve customer service
Maintain and, as necessary, improve infrastructure
Attract and maintain air service
• By necessity, they are much more businessoriented
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Role of Lawyers in the Planning Process
• Compliance with federal, state, and local law
and regulations
• Identification of legal issues associated with
proposed plans
• Educating decision makers and elected officials
• Understanding agency and/or intergovernmental
agreements
• Review of plans and reports
• Agency and community coordination
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Basic Legal Principles
• Federal preemption is key issue
• Need to understand respective powers of airport
and host local government
– Police powers vs. proprietary powers
– Local zoning, land use controls generally apply (City of
Cleveland)
• Expansion vs. projects within airport envelope
– Inside vs. outside “the fence” is a useful distinction but
may not be dispositive
• Check state law
– Airport-specific legislation (e.g., MN, WA, TX, FL, CA)
– Intergovernmental immunity in many situations
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Planning Process
• Reactive
– Solve a specific need or
problem
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Planning Process
• Proactive
– Develop long-term
plans
– Anticipate changes in
operations
– Anticipate changes in
regulations
– Plan for uncertainty
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Types of Airport Plans
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Master Plans
• Master Plans are prepared to support:
– Modernization or expansion of existing airports
– Creation of a new airport
– Routine continued planning (forecasts always
change) every 5-10 years
• The Master Plan is the sponsor’s strategy for the
development of the airport, usually a 20+ year window
• For small changes in the airport plan, an ALP update can
be done without a full Master Plan
• Unlike ALPs, Master Plans are not required by FAA
policy, only encouraged
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Master Plans
• FAA Advisory Circular 150/5070-B provides
guidance on Master Plan preparation
– Strongly encourages early stakeholder coordination
– Emphasizes need to consider environmental
constraints throughout the planning process
• Should identify a wide range of development
options depending on different levels of aviation
activity
• Basis for documenting
need and alternatives in
environmental
documents
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Airport Layout Plans
• Basis for FAA approvals and funding for projects
• Projects must be on an ALP before approval and funding
– The airport must be developed and used consistent with the ALP
• Multiple drawing set covering overall layout, airspace
and airport and use
• To FAA, the ALP = airport (for most purposes)
• Legally very significant
– Changes require FAA approval
– Sponsor obligations are tied to what is depicted on ALP
– Sponsor attests to accuracy (discussion below on property
issues)
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Airport Layout Plan Sheet
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Aviation Activity Forecasts
• Activity forecasts are critical to
the planning process
• Typically required to justify
expansion of facilities
• Forecasts must be reviewed
and accepted by FAA
• Forecasts are complex and
often controversial
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Terminal Area Forecasts (TAF)
• Developed annually by FAA
• Prepared to meet budget and planning needs of
FAA
• Forecasts for all airports contained in the
National Plan for Integrated Airport System
(NPIAS)
• Local forecasts that differ more than 10% (5year) or 15% (10-year) from the TAF must be
approved by FAA
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Current Issues
• Non-Aeronautical Revenue
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Current Issues
• Security & TSA Requirements
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Passenger and baggage screening
Cargo screening
Vehicle screening
General aviation/FBO screening
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Current Issues
• Airline service
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Attracting airlines
Incentives
Maintaining service
Economic uncertainty
EAS
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FAA Involvement
• The FAA generally gets involved in three
separate approval processes:
– Technical
• Airport Layout Plan review and approval
• Master Plan and forecast review and acceptance
• Airspace and procedure changes
– Funding/Financial
• Funding and eligibility (AIP grants and PFC taxes)
– Environmental
• NEPA
• Other environmental approvals
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FAA Involvement
• FAA approves ALP updates
– They are conditionally approved until environmental
impacts are evaluated and a decision document is
issued
– Cannot conditionally approve ALP for new airports or
new runways until environmental decision document
is approved
• Master Plans and forecasts are reviewed and
accepted but not approved
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FAA Involvement
• An airport must be in the NPIAS for the sponsor to
be eligible for AIP funding
• To receive funding a project must:
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Enhance security or safety
Enhance system capacity
Enhance the environment
Enhance access to the airport system
Support state and local plans
• See FAA Order 5100.38c Airport Improvement Program
Handbook for complete list of the types of eligible
projects
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FAA Involvement
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Legal Issues in Planning - I
• FAA compliance obligations
– Grant assurances
– Regulations
• Leases
• Land use and zoning
• Off-airport impacts
• Community and agency coordination
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Legal Issues in Planning - II
• Political and legal constraints to development
– Airport Authority/Operator constraints
– Federal, State, and Local laws
– Lack of political support
• Environmental process
– Identify environmental constraints early!
– Is need for project documented?
– Determine legal sufficiency of environmental analyses
(how much is enough)
– Close coordination between planning and
environmental review
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Land Acquisition Needs
• Support needed airport
development
• Control critical safety areas
(runway safety areas, runway
protection zones)
• Noise compatibility programs
• Reduce risk of incompatible
land uses (end of runways,
approach and departure
paths)
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Types of Land Acquisition
• Purchase of interest (fee)
• Eminent domain
(condemnation)
• Purchase of easements
• Property exchanges
• Donations
• With the exception of
donations, all private
property must be acquired
through payment of just
compensation (federal
law)
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Legal Issues in Land Acquisition
• Exhaustive federal regulation of most land acquisition
– Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970
• Proprietor grant assurance obligations
– Approach protection
– Land use compatibility (if legally authorized)
– Implementation far more complex than black-letter law
• Defensive vs. proactive measures
– Distinguish requirements, obligations and authority to spend airport
money
• Must generally keep land that has been acquired for
airport purposes
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Limits on Use of Noise Lands
• Contrary to normal requirement that airports must retain
land
• Federal law requires disposal [49 U.S.C. 47107( c)]
• Airport Improvement Program Handbook (Order
5100.38C) (June 2005)
• Grant Assurance obligations (Grant Assurance 31):
airport must dispose of the land
• when the land is no longer needed for such purposes
• at fair market value
• at the earliest practicable time
– Restrict use to purposes compatible with noise levels associated
with airport operations (retain an interest)
– Return proceeds to the AIP Trust Fund or reinvest funds in FAAapproved noise program
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Height Restrictions
• Principally to protect against hazards to air
navigation
• FAR Part 77 for broad protection
• FAA Terminal and Enroute Procedures
(TERPS), FAR Part 121 also key
• Two-fold purpose:
– To identify penetrations of the airspace
surfaces, commonly referred to as
obstructions
– To determine which obstructions are
hazardous
• Focus is on “Imaginary surfaces” above the
ground – at runway ends and in vicinity of
airport to protect approach and departure paths
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Part 77 Surfaces
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Airspace Review Steps
• Required notification to FAA (Form 7460-1)
– Over 200’ high in airport vicinity
– Except ‘shielded’ objects
– 30 days in advance
• Aeronautical study done by FAA to determine hazard
– Not just height but also radar interference
• FAA determination of obstructions and hazards
• Sponsor must take ‘appropriate
action’ to protect against
hazardous
obstructions
– Easy if Sponsor has zoning/land
use power
• Sponsor must clear (resolve)
hazards or FAA will increase
minimums
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Questions
Peter Kirsch
Kaplan Kirsch & Rockwell
PKirsch@kaplankirsch.com
Stephen Culberson
Ricondo & Associates
S_Culberson@ricondo.com
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