TagLand Use(178)

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.

Destination 2030 is a regional growth and transportation plan for the Seattle metropolitan area that focuses on linking land use decisions with transportation investments. It outlines strategies for directing housing and employment growth into compact urban centers where walking, biking, and transit use are more practical, while also providing physical design guidelines and development tools to support that vision. The plan emphasizes coordinating infrastructure spending with growth management goals to build more connected, pedestrian-friendly communities across the region.

In August 2022, the FAA revised its internal guidance on Section 163, most notably changing how it defines a 'project' so that if any part of a development requires FAA approval, the agency retains authority over the entire project — limiting airports' ability to break larger efforts into smaller pieces to avoid oversight. The FAA also proposed a new land use policy in September 2022 governing how airport sponsors may use federally acquired or conveyed airport land for non-aeronautical purposes, identifying four categories of land use that determine when FAA approval is required. Airport sponsors were encouraged to submit comments on the proposed land use policy before October 17, 2022.

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.