TagFAA(687)

The Huntsville-Madison County Airport Authority submitted comments to the FAA in October 2022, objecting to a proposed federal policy governing land use changes on federally acquired or conveyed airport property. The authority argues the policy creates unnecessary regulatory burdens that hamper airports' ability to pursue compatible non-aeronautical developments, and calls for clearer, simpler rules — such as broader definitions of 'airport purpose' and airport-led category determinations rather than FAA approval for every land use change.

Charlotte Douglas International Airport (CLT) submitted comments to the FAA in October 2022 opposing a proposed new policy on land use changes at federally acquired airport land, arguing that existing regulations already adequately govern non-aeronautical land use. CLT requested that if the policy moves forward, the FAA clarify approval timelines, lease evaluation procedures, and criteria for mixed-use land decisions. The letter emphasizes that non-aeronautical development is essential for airports to remain financially self-sustaining and to ensure compatible land use around airport property.

Airports Council International-North America (ACI-NA) submitted comments to the FAA in October 2022 opposing a draft policy that would impose new federal review and approval processes on how airports can use land that was federally acquired or conveyed. ACI-NA argued the policy is confusing, could lead to inconsistent decisions across FAA regional offices, and may delay airport development projects and increase costs. The organization urged the FAA to grandfather existing land use designations, clarify key undefined terms, and work collaboratively with airports to revise the policy.

The National Association of State Aviation Officials (NASAO) submitted comments to the FAA in October 2022 regarding a draft policy on land use changes at federally acquired or conveyed airport land. NASAO raised concerns about lengthy lease review processes, the lack of defined timelines for approvals, and unclear procedures for lease renewals and extensions. The letter also questioned how the policy would affect existing leases and called for greater consistency across FAA regions.

The American Association of Airport Executives (AAAE) submitted formal comments in October 2022 opposing a proposed FAA policy that would require federal review of individual leases, subleases, and non-aeronautical development projects on federally acquired or conveyed airport land. AAAE argues the policy would reduce airport revenue, slow development, and exceed FAA's appropriate role, which should be limited to aviation safety oversight rather than involvement in specific real estate transactions. The organization urges FAA to maintain existing policies and work collaboratively with the airport industry on any needed improvements.

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.

This 2022 FAA guidance letter explains how airports can legally spend airport revenue on noise insulation projects, such as new windows, doors, and air conditioning, for homes and schools located within the DNL 65 dBA noise contour — the federal threshold for significant aircraft noise impact. Spending airport revenue on noise insulation for properties outside that noise boundary is generally prohibited as revenue diversion, unless a lower local noise standard has been officially adopted or 'block rounding' has been approved. The letter also clarifies that airports may purchase mobile or permanent noise monitoring equipment using airport revenue, provided certain conditions are met, but monitors cannot be used to enforce noise abatement flight procedures.