TagAvigation Easement(15)

This document outlines how airport noise impact programs can be approved and funded under the Airport Improvement Program (AIP). Once a detailed study confirms substantial community noise impact and a reasonable solution is proposed, costs become eligible for approval. Specific guidelines must then be developed covering property acquisition or sound insulation options, including owner agreements, appraisals, market exposure, noise insulation standards, and relocation proposals.

The Port of Seattle reached an agreement with Hill Grove Cemetery Association to remove six trees on the cemetery's property near Seattle-Tacoma International Airport that were identified as obstructions to flight corridors. In exchange, the Port agreed to install a new fence and gate along the property's north boundary, replant vegetation, and pay all associated costs. The cemetery also granted the Port a permanent easement to prevent future obstructions from growing on the property.

The San Francisco International Airport (SFO) Second Chance Noise Insulation Initiative offers free acoustical improvements to eligible residential property owners who previously declined or did not respond to earlier phases of the Noise Insulation Program. To qualify, properties must fall within the 65-decibel CNEL noise contour, have been built before October 1, 1998, and owners must agree to grant a perpetual avigation easement to SFO and the City and County of San Francisco. Eligible improvements may include window and door replacement, caulking, weather-stripping, and central fresh air ventilation installation.

The San Francisco International Airport (SFO) Replacement Noise Insulation Initiative offers free repair or replacement of failed acoustical improvements—such as windows, doors, and ventilation systems—for eligible residential properties previously treated under SFO's Noise Insulation Program. To qualify, a property must fall within the 65-decibel CNEL noise contour on the SFO Noise Exposure Map, and failures caused by neglect or improper maintenance are not covered. Homeowners can apply by submitting the RI-1 application form via email or mail to C. Kell-Smith & Associates, Inc.

In April 2022, the Port of Seattle Commission considered authorizing a $1.29 million settlement with Wesley Homes to resolve a dispute over an avigation easement and aircraft noise at Wesley's Terrace Building near Seattle-Tacoma International Airport. Under the agreement, the Port would conduct acoustical testing, pursue FAA funding for noise mitigation, reimburse up to $250,000 of Wesley's legal fees, and commit to a full Part 150 noise study update for SEA Airport. Although the Port denied wrongdoing, it recommended settling to avoid the higher costs of going to trial.

This draft report, prepared by Jacobs and ZLB for Seattle-Tacoma International Airport in March 2020, analyzes aviation easements for off-airport properties located near the airport's runways. It focuses on two Highline School District parcels (King County Parcels 768620-0705 and 768620-1040), documenting the removal of 26 trees that previously penetrated federally defined airspace protection surfaces, including approach, departure, and transitional surfaces. The analysis confirms that all identified obstacles have been removed as part of a construction package, and provides detailed elevation and coordinate data for parcel boundary points relative to runway thresholds.

This Avigation Easement is a legal agreement in which a homeowner near Seattle-Tacoma International Airport grants the Port of Seattle permanent rights to use the airspace above their property for all types of aircraft, without restriction on frequency or proximity. In exchange, the Port assists with noise-reduction modifications to the home, and the homeowner waives all current and future claims for noise-related damages. The easement runs with the land permanently, binding all future owners of the property to the same terms.

In September 2017, Des Moines, WA resident Steve Edmiston sent a certified letter demanding that the Port of Seattle and the FAA stop increased flight operations over his historic Woodmont neighborhood, arguing that no avigation easement had ever been granted over his property. He cited a dramatic rise in aircraft noise, vibrations, fumes, and nighttime flights linked to expanded use of Sea-Tac's third runway and new navigation procedures, noting that commercial operations at the airport had nearly doubled since 2003. The letter also included a formal public records request for documents related to flight procedure changes made after February 14, 2012, and outlined legal grounds under which affected homeowners may still seek damages despite general noise liability limitations.