This guide explains how airports can pursue non-aeronautical development under Section 163 of federal aviation law, with a 2022 update covering key FAA policy changes. The update clarifies that if any part of a development project requires FAA approval, the agency now claims approval authority over the entire project — limiting a previous practice of splitting projects into smaller pieces to bypass oversight. It also covers a proposed FAA land use policy affecting how airports may lease or repurpose federally acquired or grant-funded airport land for non-aviation uses.Open full document
Notes
This guide, produced by C&S Companies and Kaplan Kirsch & Rockwell, explains FAA policy under Section 163 regarding non-aeronautical development at airports. A September 2022 supplemental update summarizes key changes to FAA internal guidance, including a revised definition of ‘project’ for Section 163 purposes and a proposed new FAA land use policy affecting federally acquired or conveyed airport land. The document advises airport sponsors on how to navigate evolving agency practice and encourages submission of comments on the draft land use policy.