The FAA proposed sweeping new rules in September 2022 governing how airports can use federally acquired or conveyed land for non-aeronautical purposes, such as hotels, warehouses, and car rental facilities. Under the draft policy, airports would need FAA approval for any non-aeronautical or mixed-use activities on such land, with approvals tied strictly to lease terms and requiring renewal each time a lease expires. The changes could significantly increase the regulatory burden on airport sponsors by eliminating the previous practice of permanently designating certain property as non-aeronautical and potentially triggering environmental review requirements under NEPA.Open full document
Notes
Kaplan Kirsch Rockwell airport law alert dated September 16, 2022 analyzing the FAA’s Draft Policy Regarding Processing Land Use Changes on Federally Acquired or Federally Conveyed Airport Land. Covers applicability under Section 163 of the FAA Reauthorization Act of 2018, four land use categories (aeronautical, airport purpose, mixed use, non-aeronautical), time-limited approvals tied to lease terms, NEPA review implications, elimination of permanent non-aeronautical designations on Airport Layout Plans (ALP) and Exhibit A, and supersession of concurrent/interim land use processes under FAA Order 5190.6B. Comment deadline October 17, 2022.