HomeMy WebLinkAbout2016-01-13 Planning & Zoning Packet - Work Session
AGENDA - JOINT WORK SESSION
JANUARY 13, 2016 - 6:00 P.M. **
AIRPORT COMMISSION
PLANNING & ZONING COMMISSION
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, AK 99611
1. CALL TO ORDER:
a. Pledge of Allegiance
2. Discuss and Review proposed draft amendments to Chapter 14.20 – Kenai Zoning
Code, relating to Enacting Chapter 14.20.065 – Airport Light Industrial (ALI),
Amending Chapter 14.20.070 – Conservation Zone (C) to remove Airport Uses,
Amending Chapter 14.22.010 – Land Use Table to Add Airport Light Industrial Uses
and make other Housekeeping changes, and Rezoning of Airport Lands from
Conservation Zone (C) and Light Industrial (IL) to Airport Light Industrial Zone (ALI).
3. Public Comment (Public comment limited to 3 minutes per individual)
4. Adjournment
** The Work Session may continue after the regularly scheduled meeting at the
discretion of the Airport Commission and the Planning and Zoning Commission.
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Page 1 of 68
At the Work Session, staff would like to discuss with the Commissions about adding
Airport Compatible Uses to the Land Use Table under KMC 14.22.010. These uses
would be allowed as a Principally Permitted use and would be subject to the approval of
City Administration and or the Airport Manager. A definition of Airport Compatible Uses
would need to be added under the Definitions Section within KMC 14.20.320 –
Definitions. A non-exhaustive list of suggested Airport Compatible Uses could be added
to the definition as well. When reviewing a potential project under this Land Use, staff
would review the Grant Assurances issued by the Federal Aviation Administration.
Staff would like the Commissions to review the proposed draft Ordinance and provide
additional comments at the Work Session. Staff would also like to suggest to the
Commission a discussion regarding adding references to the United States Standard for
Terminal Instrument Procedures (TERPS) and FAA Advisory Circular 150/5200-33B,
Hazardous Wildlife Attractants on or near Airports.
Thank you for your Consideration.
Page 2 of 68
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Page 3 of 68
New Text Underlined; [DELETED TEXT BRACKETED]
(d) Accessory Uses: As defined (see Definitions).
(e) Home Occupations: Not Permitted.
(f) Development Requirements:
(1) No use shall be conducted in a manner which is noxious or injurious to
nearby properties by reason of the production or emission of dust, smoke,
refuse matter, odor, gas fumes, noise, vibration, or similar substances or
conditions, provided that the restriction against noise shall not apply to
uses located within two thousand (2,000) feet of the airfield runways;
(2) Open Storage. No open storage shall be located closer than twenty-five
feet (25′) to the adjoining right-of-way of any collector street or main
thoroughfare.
(3) Residential Buffer. Wherever an Aviation Compatible Use abuts or is
separated by an alley from a residential zone, the use or building in the
ALI Zone shall be screened by a sight-obscuring eight-foot (8’) high fence
or hedge of good appearance acceptable to the Commission;
(4) No use shall be made of any land that will cause electrical interference
with navigational signals or radio communications at the airport or with
radio or electronic communications between the airport and aircraft.
(5) No use, building or structure shall emit emissions of fly ash, dust, vapor,
gases or other forms of emissions that may conflict with any planned
operations of the airport or aircraft.
(6) No use shall be permitted that would foster an increase in bird population
and thereby increase the likelihood of a bird-impact problem.
(7) No structure, device or other object shall be placed or erected that makes
it difficult for pilots to distinguish between airport lights and other lights,
results in glare in the eyes of pilots using the airport, impairs visibility in
the vicinity of the airport, or otherwise endangers the landing, taking off
or maneuvering of aircraft.
(8) Except as necessary and incidental to airport operations, no building,
structure or object of natural growth shall be constructed, altered,
maintained, or allowed to grow so as to project or otherwise penetrate the
airspace surfaces as defined by the Federal Aviation Administration.
(9) Other uses or activities determined to be incompatible with aviation and
aviation safety as determined by the City Manager or designee, Airport
Page 4 of 68
New Text Underlined; [DELETED TEXT BRACKETED]
Manager or designee, or Airport Commission, or City Council shall be
prohibited.
(10) Additional Requirements in Development Requirements Table.
(g) Parking Requirements: As required by this chapter and Chapter 21.05 – Airport Administration and
Operation.
Section 3. Amendment of Chapter 14.20 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 14.20.320 – Definitions, is hereby amended as
follows:
14.20.320 Definitions.
(a) General Interpretation.
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word “person” includes a corporation as well as an individual.
(4) The word “lot” includes the word “plot” or parcel.”
(5) The term “shall” is always mandatory.
(6) The word “used” or “occupied” as applied to any land or building shall be
constructed to include the words “intended,” “arranged” or “designed to
be used or occupied.”
(b) Specific Definitions.
“Accessory [b]Building” means a detached building or structure, the use of which is
appropriate, subordinate, and customarily incidental to that of the main building or to
the main use of the land which is located on the same lot as the main building or use,
except as allowed by a conditional use permit. An accessory building shall be
considered to be a part of main building when joined to the main building by a
common wall or when any accessory building and the main building are connected by
a breezeway.
“Accessory [u]Use” means a use customarily incidental and subordinate to the
principal use of the land, building, or structure and located on the same lot or parcel
of land.
“Administrative [o]Official” means the person charged with the administration and
enforcement of this chapter.
Page 5 of 68
New Text Underlined; [DELETED TEXT BRACKETED]
“Agricultural [b]Building” means a building or structure used to shelter farm
implements, hay, grain, poultry, livestock, or other farm produce, in which there is no
human habitation and which is not used by the public.
“Agriculture” means the science, art, and business of cultivating soil, producing
crops, and raising livestock; farming.
“Airport” means a location where aircraft such as fixed-wing aircraft, helicopters, and
blimps take off and land. Aircraft may be stored or maintained at an airport. An
airport consists of at least one (1) surface such as a paved or gravel runway [FOR A
PLANE TO TAKE OFF AND LAND], a helicopter touchdown and lift off (TLOF) area,
helipad, or water runway for aircraft takeoffs and landings, and often includes
buildings such as control towers, hangars and terminal buildings.
“Alley” means a public way designed and intended to provide only a secondary means
of access to any property abutting thereon.
“Alteration” means any change, addition, or modification in construction, location, or
use classification.
“Animal [b]Boarding” means any building or structure and associated premises in
which animals are fed, housed, and/or exercised for commercial gain.
“Apartment [h]House,” see “Dwelling, multiple-family.”
“Area, [b]Building” means the total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings, exclusive of steps.
“Assemblage” means a large gathering of people for an event such as a concert, fair,
or circus.
“Assisted [l]Living” means a living arrangement in which people with special needs,
especially seniors with disabilities, reside in a facility that provides help with everyday
tasks such as bathing, dressing, and taking medication.
“Automobile [s]Sales” means the use of any building or structure and associated
premises for the display and sale of new or used automobiles, panel trucks or vans,
trailers, or recreation vehicles and including any warranty repair work and other
repair service conducted as an accessory use.
“Automobile [s]Service [s]Station” means the use of any building or structure and
associated premises or other space used primarily for the retail sale and dispensing of
motor fuels, tires, batteries, and other small accessories; the installation and servicing
of such lubricants, tires, batteries, and other small accessories; and such other
services which do not customarily or usually require the services of a qualified
automotive mechanic.
“Automobile [w]Wrecking” means the dismantling of used motor vehicles or trailers
or the storage or sale of parts from dismantled or partially dismantled, obsolete, or
wrecked vehicles.
Page 6 of 68
New Text Underlined; [DELETED TEXT BRACKETED]
“Automotive [r]Repair” means the use of any building or structure and associated
premises on which a business, service, or industry involving the maintenance,
servicing, repair, or painting of vehicles is conducted or rendered.
“Bank” means any establishment or building or structure used for a financial
institution that provides financial services for its clients or members. The term “bank”
includes savings and loan.
“Bed and [b]Breakfast” means a residential, owner-occupied dwelling in which rooms
are rented to paying guests on an overnight basis with no more than one (1) meal
served daily.
“Boarding [h]House” means a dwelling where the principal use is a dwelling by the
owner or keeper and where the owner or keeper provides lodging for three (3) or more
persons who are not members of the owner’s or keeper’s family and the lodgers pay
compensation to use one (1) or more rooms. The common parts of the building or
structure are maintained by the owner or keeper who may also provide lodgers with
some services, such as meals, laundry, and cleaning. Boarding houses are not motels
or hotels and are not open to transient guests.
“Building” means any structure built for the support, shelter, or enclosure of persons,
animals, or property of any kind.
“Building Code” means the building code and/or other building regulations
applicable in the City.
“Building, [e]Existing” means a building erected prior to the adoption of the
ordinance codified in this chapter or one for which a legal building permit has been
issued.
“Building [h]Height” means the vertical distance from the “grade,” as defined herein,
to the highest point of the roof.
“Building, [p]Principal or [m]Main” means a building or structure in which is
conducted the principal or main use on the lot which said building is situated.
“Business/[c]Consumer [s]Services” means the provision of services to others on a
fee or contract basis, such as advertising and mailing; building maintenance;
employment service; management and consulting services; protective services;
equipment rental and leasing; commercial research; development and testing; photo
finishing; and personal supply services.
“Cabin [r]Rentals” means the renting out of one (1) or more individual, detached
dwelling units or buildings to provide overnight sleeping accommodations for a period
of less than thirty (30) consecutive days.
“Cemetery” means any property used to inter the dead in buried graves or in
columbarium, stacked vaults, or similar structures.
“Centerline” means the line which is in the center of a public right-of-way.
Page 7 of 68
New Text Underlined; [DELETED TEXT BRACKETED]
“Church” means a building or structure in which persons regularly assemble for
worship, ceremonies, rituals, and education pertaining to a particular system of
beliefs. The term “church” includes a synagogue or temple.
“City” means the City of Kenai, Alaska.
“Clinic” (or outpatient clinic or ambulatory care clinic) means a health care facility
that is primarily devoted to the care of outpatients. Clinics can be privately operated or
publicly managed and funded, and typically cover the primary health care needs of
populations in local communities, in contrast to larger hospitals which offer
specialized treatments and admit inpatients for overnight stays.
“Collector [s]Street” means a street located and designed for the primary purpose of
carrying through traffic and of connecting major areas of the City. Unless otherwise
designated by the Commission, collector street shall be defined on the plan for streets
and community facilities in the comprehensive development plan.
“College” means an educational institution providing postsecondary (after high
school) education.
“Commercial [k]Kennel” has the same meaning given in KMC 3.05.010.
“Commercial [r]Recreation” means a recreation facility operated as a business and
open to the public for a fee.
“Commission” means the Kenai Planning and Zoning Commission.
“Communication [a]Antenna” has the same meaning given in KMC 14.20.255.
“Communication [t]Tower” has the same meaning given in KMC 14.20.255.
“Conditional [u]Use” means a use which is permitted under the terms of this chapter
provided that under the specified procedures, the Commission finds that certain
conditions, specified in this chapter are fulfilled. Conditional uses are listed in the
Land Use Table.
“Condominium” means a common interest ownership dwelling in which:
(1) Portions of the real estate are designated for separate ownership;
(2) The remainder of the real estate is designated for common ownership solely by
the owners of those portions;
(3) The undivided interests in the common elements are vested in the unit owners.
In the Land Use Table (KMC 14.22.010), “condominiums” shall be treated as two (2) or
more family dwellings. For example, a four (4) unit condominium building would be
treated as a four (4) family dwelling.
“Coverage” means that percentage of the total lot area covered by the building area.
“Crematory/[f]Funeral home” means building or structure used for preparation of
the deceased for display and/or interment and may also be used for ceremonies
connected with interment. Preparation may include cremation, which is the process of
reducing dead bodies to basic chemical compounds in the form of gases and bone
Page 8 of 68
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fragments. This is accomplished through burning—high temperatures, vaporization,
and oxidation.
“Day [c]Care [c]Center” means an establishment where child care is regularly
provided for children for periods of less than twenty-four (24) hours, including the
building housing the facility and adjoining areas, and where tuition, fees, or other
compensation for the care of the children is charged.
“Dormitory” means a building, whether public or private, associated with a school,
college or university and designed, used, and arranged for private sleeping, studying,
and living accommodation for students.
“Dwelling” means a building or any portion thereof designed or used exclusively for
residential occupancy including one-family, two-family and multiple-family dwellings,
but not including any other building wherein human beings may be housed.
“Dwelling, [o]One-[f]Family” means any detached building containing only one (1)
dwelling unit.
“Dwelling, [t]Two-[f]Family” means any building containing only two (2) dwelling
units.
“Dwelling, [m]Multiple-[f]Family” means any building containing three (3) or more
dwelling units.
“Dwelling [u]Unit” means one (1) or more rooms and a single kitchen in a dwelling
designed as a unit for occupancy by not more than one (1) family for living or sleeping
purposes.
“Elementary [s]School” means any school usually consisting of grades pre-
kindergarten through grade 6 or any combination of grades within this range.
“Essential [s]Service” means the erection, construction, alteration, or maintenance
by public utility companies or municipal departments or commissions, of underground
or overhead gas, electrical, steam, or water transmission or distribution systems,
collection, communication, supply, or disposal systems, including poles, wires, mains,
drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and
other similar equipment and accessories in connection therewith. This definition shall
not be interpreted to include public buildings.
“Family” means any number of individuals living together as a single housekeeping
unit in a dwelling unit.
“Farming” means a tract of land cultivated for the purpose of commercial agricultural
production.
“Fence, [h]Height” means the vertical distance between the ground directly under the
fence and the highest point of the fence.
“Floor [a]Area” means the total of each floor of a building within the surrounding
outer walls but excluding vent shafts and courts.
Page 9 of 68
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“Fraternal [o]Organization” means a group of people formally organized for a
common object, purpose, or interest (usually cultural, religious or entertainment) that
conducts regular meetings and has written membership requirements.
“Frontage” means all the property fronting on one (1) side of a street between
intersection streets.
“Garage, [p]Private” means an accessory building or any portion of a main building
used in connection with residential purposes for the storage of passenger motor
vehicles.
“Garage, [p]Public” means any garage other than a private garage, available to the
public, operated for gain, and which is used for storage, repair, rental, greasing,
washing, servicing, adjusting, or equipping of automobiles or other vehicles.
“Gas [m]Manufacturer/[s]Storage” means the surface use of lands used in the
production, the mechanical transformation, or the chemical transformation of
hydrocarbon gas and includes uses for gas conditioning/compressor stations.
“Storage” means surface uses necessary for storage of produced or non-native natural
gas.
“Governmental [b]Building” means a building or structure owned and operated by
any department, commission, or agency of the United States or of a state or
municipality and used to conduct official business of government.
“Grade ([g]Ground [l]Level)” means the average level of the finished ground at the
center of all walls to a building. In case walls are parallel to and within five (5) feet of a
public sidewalk, the ground level shall be measured at the sidewalk.
“Greenhouse” means a building or structure, usually a glassed or clear plastic
enclosure, used for the cultivation and protection of plants.
“Guest [r]Room” means any room in a hotel, dormitory, boarding, or lodging house
used and maintained to provide sleeping accommodations for one (1) or more persons.
“Guide [s]Service” means any activity on any premises used for collecting or
returning persons from recreational trips when remuneration is provided for the
service.
“Gunsmith” means a person who repairs, modifies, designs, or builds firearms.
“High [s]School” means a secondary school usually consisting of grades 9 through 12
or any appropriate combination of grades within this range.
“Home [o]Occupation” means an accessory carried out for remuneration by a
resident in the resident’s dwelling unit.
“Hospital” means an institution that provides medical, surgical, or psychiatric care
and treatment for the sick or the injured.
“Hotel” means a building or group of buildings containing more than five (5) guest
rooms used for the purpose of offering public lodging on a day-to-day basis with or
without meals.
Page 10 of 68
New Text Underlined; [DELETED TEXT BRACKETED]
“Junkyard” means any space one hundred (100) square feet or more of any lot or
parcel of land used for the storage, keeping, or abandonment of junk or waste
material, including scrap metals or other scrap materials, or for the dismantling,
demolition, or abandonment of automobiles, other vehicles, machinery, or any parts
thereof.
“Library” means a collection of sources, resources, and services, and the structure in
which it is housed; it is organized for use and maintained by a public body, an
institution, or a private individual.
“Loading [s]Space” means an off-street space or berth on the same lot with a building
or structure to be used for the temporary parking of commercial vehicles while loading
or unloading merchandise or materials.
“Lodge” means a building or group of buildings containing five (5) or fewer guest
rooms used for the purpose of offering public lodging on a day-to-day basis with or
without meals.
“Lot” means a parcel of land occupied or to be occupied by a principal use and having
frontage on a public street.
“Lot, [c]Corner” means a lot situated at the junction of, and bordering on, two (2)
intersecting streets, two (2) platted rights-of-way, two (2) government easements, or
any combination thereof.
“Lot [c]Coverage” means that portion of the lot covered by buildings or structures
that require a building permit.
“Lot [d]Depth” means the horizontal distance separating the front and rear lot lines of
a lot and at right angles to its width.
“Lot [l]Line, [f]Front-[c]Corner [l]Lot” means the shortest street line of a corner lot.
“Lot [l]Line, [f]Front-[i]Interior [l]Lot” means a line separating the lot from the street.
“Lot [l]Line, [r]Rear” means a line that is opposite and most distant from the front lot
line, and in the case of irregular, triangular, or gore shaped lot, a line not less than ten
feet (10′) in length, within a lot, parallel to and at the maximum distance from the
front lot line.
“Lot [l]Line, [s]Side” means any lot boundary line not a front lot line or a rear lot line.
“Lot [w]Width” means the mean horizontal distance separating the side lot lines of a
lot and at right angles to its depth.
“Manufactured [h]Housing” means a dwelling unit that meets Department of
Housing and Urban Development Standards for manufactured housing and is wider
than sixteen feet (16′), has a roof pitch of 4:12 or greater with roofing and siding
common to standard residential construction and is transported to the site and placed
on a permanent foundation.
“Manufacturing/[f]Fabricating/[a]Assembly” means the mechanical or chemical
transformation of materials or substances into new products including assembling of
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components parts, the manufacturing of products, and the blending of materials such
as lubricating oils, plastics, resins or liquors.
“Mini-[s]Storage [f]Facility” means a completely enclosed structure containing three
(3) or more areas or rooms available for lease or rent for the purpose of the general
storage of household goods, vehicles or personal property; where the lessee of the unit
is provided direct access to deposit or store items and where vehicles do not fill the
majority of the allowed storage space.
“Mobile [h]Home” means a structure, which is built on a permanent chassis in
accordance with Department of Housing and Urban Development Standards and
designed to be used as a dwelling unit, with or without a permanent foundation when
connected to the required utilities. A mobile home is subject to all regulations applying
thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are
removed and regardless of the nature of the foundation provided.
“Mobile [h]Home [p]Park” means a site with required improvements and utilities for
the long-term parking of mobile homes which may include services and facilities for
the residents.
“Modular [h]Home” means a dwelling constructed in modules or sections at a place
other than the building site, built to conform to Title 4 of the Kenai Municipal Code, is
transported to the site and then assembled and placed on a permanent foundation.
“Motel” means a group of one (1) or more detached or semi-detached buildings
containing two (2) or more individual dwelling units and/or guest rooms designed for,
or used temporarily by, automobile tourists or transients, with a garage attached or
parking space conveniently located to each unit, including groups designated as auto
courts, motor lodges, or tourist courts.
“Museum” means a building or structure that houses and cares for a collection of
artifacts and other objects of scientific, artistic, or historical importance and makes
them available for public viewing through exhibits that may be permanent or
temporary.
“Necessary Aviation Facilities” means any air navigation facility, airport visual
approach aid, airfield lighting and signage, meteorological device or any type of device
approved by the Federal Aviation Administration (FAA), the location and height of
which is fixed by its functional purpose.
“Nonconforming [l]Lot” means a lot lawfully existing at the time this chapter became
effective, which by reason of area or dimensions, does not meet the development
requirements for the zone in which it is located.
“Nonconforming [s]Structure” means a structure or portion thereof, lawfully existing
at the time this chapter became effective, which by reason of its yards, coverage,
height, or other aspects of design, does not meet the development requirements of this
zone.
“Nonconforming [u]Use” means a use of a structure of land, or of a structure and
land in combination, lawfully existing at the time this chapter became effective, or
established on the premises of a previous nonconforming use as specified in this
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chapter, which is not in conformity with the uses permitted in the zone in which it
exists.
“Nursing, [c]Convalescent or [r]Rest [h]Home” means a building or structure used
as a residence for people who require constant nursing care and/or have significant
deficiencies with activities of daily living.
“Office” means a room or group of rooms used for conducting the affairs of a
business, profession, service, industry, or government.
“Park” means a tract of land, designated by a public entity for the enjoyment of the
public and generally used for active and passive recreational activities.
“Parking, [p]Public [l]Lots” means a parking area available to the public, whether or
not a fee for use is charged.
“Parking [s]Space, [p]Private” means any automobile parking space, excluding
garages, not less than nine feet (9′) wide and one hundred eighty (180) square feet in
total area.
“Parking [s]Space, [p]Public” means an area of not less than one hundred eighty
(180) square feet exclusive of drives or aisles giving access thereto in area accessible
from streets and alleys for the storage of passenger motor vehicles operated by
individual drivers.
“Person” means a natural person, his or her heirs, executors, administrators, or
assigns, and also including firm, partnership, or corporation, or their successors
and/or assigns or the agent of any of the aforesaid.
“Personal [s]Services” mean establishments engaged in providing services involving
the care of a person or his or her apparel.
“Planned [u]Unit [r]Residential [d]Development” means an alternative method of
development of a residential neighborhood under more flexible conditions than
otherwise required in a specific zoning district.
“Principal [u]Use” means the major or predominant use of a lot or parcel of land.
“Profession” means an occupation or calling requiring the practice of a learned art
through specialized knowledge based on a degree issued by an institution of high
learning, e.g., Doctor of Medicine.
“Property [o]Owner” means the owner shown on the latest tax assessment roll.
“Recreation” means leisure activities sometimes requiring equipment and taking
place at prescribed places, sites, parks, or fields. It can include active recreation, such
as structured individual or team activities requiring the use of special facilities,
courses, fields or equipment or passive recreation, such as activities that do not
require prepared facilities such as wildlife and bird viewing, observing and
photographing nature, picnicking, and walking.
“Recreational [v]Vehicle” means a vehicular-type unit, primarily designed as
temporary living quarters for recreational camping, or travel use, which either has its
own motor power or is mounted on or drawn by another vehicle. Recreational vehicles
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include, but are not limited to, travel trailers, camping trailers, truck campers, and
motor homes.
“Recreational [v]Vehicle [p]Park” means an area established by a conditional use
permit for the parking of two (2) or more recreational vehicles on a temporary basis.
“Restaurant” means an establishment where food and drink is prepared, served, and
consumed primarily within the principal building.
“Retail [b]Business” means establishments engaged in selling goods or merchandise
to the general public for business or personal/household consumption and rendering
services incidental to the sale of such goods.
“Secondary [u]Use” means a use allowed on a lot or parcel of land only if there is also
an allowed principal use on the property.
“Sign” means any words, letters, parts of letters, figures, numerals, phrases,
sentences, emblems, devices, trade names, or trademarks by which anything is made
known, such as are used to designate an individual, firm, association, corporation,
profession, business, or a commodity or product, which are visible from any public
street or highway and used to attract attention.
“State [h]Highway” means a right-of-way classified by the State of Alaska as a
primary or secondary highway.
“Storage [y]Yard” means a lot used primarily for the storage of operational vehicles,
construction equipment, construction materials or other tangible materials and
equipment.
“Street” means a public right-of-way used as a thoroughfare and which is designed
and intended to provide the primary means of access to property abutting thereon.
“Structure” means that which is built or constructed, an edifice or a building of any
kind, composed of parts joined together in some definite manner.
“Subsurface [e]Extraction of [n]Natural [r]Resources” means removing valuable
minerals or other geological materials from the earth, from an ore body, vein or (coal)
seam. Materials recovered could include gas, oil, base metals, precious metals, iron,
uranium, coal, diamonds, limestone, oil shale, rock salt and potash.
“Surface [e]Extraction of [n]Natural [r]Resources” means removal of material,
usually soil, gravel, or sand for use at another location.
“Taxidermy” means the act of mounting or reproducing dead animals, fish, and/or
birds for display.
“Theater” means a building or structure, or part thereof, devoted to the indoor
exhibition of motion pictures and/or of live dramatic, speaking, musical, or other
presentations.
“Townhouse” means single-family dwelling units constructed in a series or group of
two (2) or more units separated from an adjoining unit by an approved party wall or
walls, extending from the basement of either floor to the roof along the linking lot line.
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“Tree [n]Nursery” means a place where trees/plants are propagated and grown to
usable size.
“Use” means the purpose for which land or a building is arranged, designed, or
intended, or for which either land or a building is or may be occupied or maintained.
“Variance” means the relaxation of the development requirements of this chapter to
provide relief when the literal enforcement would deprive a property owner of the
reasonable use of his or her real property.
“Warehouse” means a building or structure used for the storage of goods, wares and
merchandise that will be processed, sold or otherwise disposed of off of the premises.
“Wholesale [b]Business” means business conducted primarily for the purpose of
selling wares or merchandise in wholesale lots to retail merchants for resale.
“Yard” means an open, unoccupied space, other than a court, unobstructed from the
ground to the sky, except where specifically provided by this chapter, on the same lot
on which a building is situated.
“Yard, [f]Front” means a yard extending across the full width of the lot between the
front lot line of the lot and the nearest exterior wall of the building which is the
nearest to the front lot line.
“Yard, [r]Rear” means a yard extending across the full width of the lot between the
most rear main building and the rear lot line.
“Yard, [s]Side” means a yard on each side of a main building and extending from the
front lot line to the rear lot line. The width of the required side yard shall be measured
horizontally from the nearest point of a side lot line to the nearest part of the main
building.
“Zoning [c]Change” means the alteration or moving of a zone boundary; the
reclassification of a lot, or parcel of land, from one zone to another; and the change of
any of the regulations contained in this chapter.
“Zoning [o]Ordinance or [o]Ordinances” mean the zoning ordinance of the City of
Kenai and Kenai Municipal Code Chapter 14.
Section 3. Amendment of Chapter 14.22 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 14.22 – Land Use Table, is hereby amended as follows:
14.22.010 LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for
additional restrictions
ZONING DISTRICTS
LAND USES ALI C RR RR-1 RS RS-1 RS-
2 RU CC CG IL IH ED R TSH LC CMU
RESIDENTIAL
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One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21
Two-, Three-Family Dwelling N C18 P P P P P P P21 S1 C C C22 P P P S1/C21
Four-Family Dwelling N C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C21
Five-, Six-Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/C21
Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21
Mobile Home Parks6 N N C N C C C C C C C C N C C C C
Planned Unit Residential
Development7 N C18 C C29 C C C C C C C C N C C C C
Townhouses4 N C18 C3 C3,29 C3 C3 C3 C3 C C C C C22 C C C C
Accessory Building on Parcel
Without Main Building or Use (See
KMC 14.20.200)
N N C C C C C C N N N N N N C N N
COMMERCIAL
Airport Compatible Uses P
Automotive Sales C? N C N N N N C P P P P N N N N P
Automotive Service Stations C? N C N N N N C P P P P N C N N P
Banks C? N C N C N N C P P P C N C C C P
Business/Consumer Services C? N C N C N N C P P P C N C C C P
Commercial Recreation N N C N C N N C P P C C N P C C P
Guide Service P N C N C N N C P P P P N P P C P
Hotels/Motels P N C N C N N C P P P C N C P C P
Lodge P N C N C N N C P P P C N P P C P
Professional Offices P N C C29 C N N P P P P P N C P P P
Restaurants P N C N C N N C P P P C N C C C P
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for
additional restrictions
ZONING DISTRICTS
LAND USES ALI C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU
Page 16 of 68
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Retail Business P N26 C N C N N C P P P P S24 S24 C C P
Theaters N N C N C N N C P P C C N P C C P
Wholesale Business P N C N C N N C C P P P N S24 C C N
INDUSTRIAL
Airports C [P20] C N C N N C C C C C N C N N C
Necessary Aviation Facilities P
Automotive Repair P N C N C N N C P P P P N N N N P
Gas Manufacturer/Storage C9 N N N C N N N N N C9 C9 N N N N N
Manufacturing/Fabricating/Assembly P N C N C N N C C P P P N C C N C
Mini-Storage Facility P N C N C N N C C P P P N N N C C
Storage Yard P N C N C N N C C P P P N N N N C
Warehouses P N C N C N N C N P P P N C N N N
PUBLIC/INSTITUTIONAL
Assisted Living N C C C C C C C C C C C C C C C C
Churches* N C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P
Clinics N C C N C C C C P P P C C C C P P
Colleges* N C C C29 C C C C P P C C P C C C P
Elementary Schools* N C C C29 C C C C P P C C P C C C P
Governmental Buildings N C C C29 C C C C P P P C P C C P P
High Schools* N C C C29 C C C C P P C C P C C C P
Hospitals* N C C N C C C C P P P C C C C C P
Libraries* N C C C29 C C C C P P P C P C P C P
Museums C C C C29 C C C C P P P C P C P C P
Parks and Recreation C? P C C29 C C C C P P P P P P P C P
MISCELLANEOUS C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU
Animal Boarding/Commercial
Kennel13 C C C N C C N N C C C C N C N C C
Assemblies15 (Large: Circuses, Fairs,
Etc.) N? C C N C C C C P15 P15 P15 P15 P15 C P N P15
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Bed and Breakfasts N C C C C C C C C C C C N P C C P
Cabin Rentals N C C N C N N N P P P C N P P C P
Cemeteries C C C N C N N N N C C C N C C N N
Communications Towers &
Antenna(s), Radio/TV Transmitters/
Cell Sites** 28
C P C N C C C C P P P P P C C C C
Crematories/Funeral Homes N N C N C N N C C C C C N C C C C
Day Care Centers12 N C C C29 C C C C P P P C C C C P P
Dormitories/Boarding Houses N C C N C C C P P21 S C P P23 C C C P
Essential Services P P P P P P P P P P P P P P P P P
Farming/General Agriculture*** N P P N N N N N N N N P N P N N N
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for
additional restrictions
ZONING DISTRICTS
LAND USES ALI C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU
Fraternal
Organizations/Private
Clubs/Social Halls and
Union Halls
N N C N C C C C P P P C N C P C P
Greenhouses/Tree
Nurseries13 N C C N C C C C P P P C N C C C P
Gunsmithing,
Taxidermy N N C N C C C C P P P P N C P P P
Nursing, Convalescent
or Rest Homes N N C N C C C C P P C C C C C C P
Parking, Public Lots12 C C C N C C C C C C C C C C C C C
Personal Services25 N C C N C C C C P P P P C C P P/C27 P
Recreational Vehicle Parks N C C N C N N C C C C C N C C N C
Subsurface Extraction
of Natural Resources16 C C C C C C C C C C C C N C N N N
Surface Extraction of
Natural Resources17 C C C N C N N C N C C C N C N N N
* See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000)
** See 42 Telecommunications Act of 1996, Sec. 704(a)
*** See, however, the limitations imposed under KMC 3.10.070
Footnotes:
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1. Allowed as a secondary use except on the ground floor of the part of the building
fronting on collector streets and major highways. Commercial or industrial
which falls under the landscaping/site plans requirements of KMC 14.25 shall
include any secondary uses in the landscaping and site plans.
2. One (1) single-family residence per parcel, which is part of the main building.
3. Allowed as a conditional use, subject to satisfying the following conditions:
a. The usable area per dwelling unit shall be the same as that required for
dwelling units in the RS zone;
b. The site square footage in area must be approved by the Commission;
c. Yards around the site, off-street parking, and other development
requirements shall be the same as for principal uses in the RR zone;
d. Water and sewer facilities shall meet the requirements of all applicable health
regulations;
e. The proposed dwelling group will constitute a residential area of sustained
desirability and stability, will be in harmony with the character of the
surrounding neighborhood, and will not adversely affect surrounding
property values;
f. The buildings shall be used only for residential purposes and customary
accessory uses, such as garages, storage spaces, and recreational and
community activities;
g. There shall be provided, as part of the proposed development, adequate
recreation areas to serve the needs of the anticipated population;
h. The development shall not produce a volume of traffic in excess of the
capacity for which the access streets are designed;
i. The property adjacent to the proposed dwelling group will not be adversely
affected.
4. See “Townhouses” section.
5. See “Mobile Homes” section.
6. Allowed as a conditional use, subject to “Mobile Homes” section and provided
that any mobile home park meets the minimum Federal Housing Authority
requirements.
7. See “Planned Unit Residential Development” section.
8. Allowed as a conditional use, provided that the proposed location and the
characteristics of the site will not destroy the residential character of the
neighborhood.
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9. Allowed as a conditional use, provided that all applicable safety and fire
regulations are met.
10. Provided that no part of any building is located nearer than thirty (30) feet to any
adjoining street or property line.
11. Allowed as a conditional use, provided that no part of any building is located
nearer than thirty (30) feet to any adjoining street or property line and provided
further that the proposed location and characteristics of the use will not
adversely affect the commercial development of the zone.
12. Allowed as a conditional use, provided that the following conditions are met:
a. The proposed location of the use and the size and characteristic of the site
will maximize its benefit to the public;
b. Exits and entrances and off-street parking for the use are located to prevent
traffic hazards on public streets.
13. Allowed as a conditional use, provided that setbacks, buffer strips, and other
provisions are adequate to assure that the use will not be a nuisance to
surrounding properties. The Commission shall specify the conditions necessary
to fulfill this requirement. Animal boarding and commercial kennels require a
kennel license (see KMC Chapter 3.15).
14. Allowed as a conditional use, provided that no indication of said use is evident
from the exterior of the mortuary.
15. Allowed, provided that the following conditions are met:
a. An uncleared buffer strip of at least thirty (30) feet shall be provided between
said use and any adjoining property in a residential zone.
b. Exits and entrances and off-street parking for the use shall be located to
prevent traffic hazards on the public streets.
16. See “Conditional Uses” section.
17. See “Conditional Use Permit for Surface Extraction of Natural Resources”
section.
18. Conditional Use allowed only on privately held property. Not allowed on
government lands.
19. Reserved.
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20. The airport related uses allowed under this entry are aircraft approach and
departure zones per KMC 14.20.070(a), except that for properties contained
inside the airport perimeter fence or having access to aircraft movement areas,
[RAMPS], taxiways or parking aprons, FAA authorized uses are allowed.
21. Developments for use shall be the same as those listed in the “Development
Requirements Table” for the RU/TSH zones.
22. Allowed as a conditional use in conjunction with a permitted use in the ED zone.
For example, housing for teachers or students for a school in the zone.
23. Allowed as an accessory use in conjunction with a permitted use in the ED zone.
For example, a dormitory used to house students for a school or educational
facility.
24. Retail businesses allowed as a secondary use in conjunction with the primary
use (e.g., a gift shop or coffee shop within another business).
25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and
self-service laundries, fitness centers, photographic studios, tailors, tanning
salons and massage therapists.
26. Food services are allowed on a temporary or seasonal basis of not more than
four (4) months per year.
27. Personal services not set forth in the below [ABOVE] matrix are conditional uses.
Limited Commercial Zone
Personal Services Permitted(P) Conditional Use(C)
Art Studios X
Barbers X
Beauticians X
Dressmakers X
Dry Cleaners X
Fitness Centers X
Massage Therapist X
Photographic Studios X
Self-Service Laundries X
Tailors X
Tanning Salons X
Tattoo Parlors X
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28. Communications tower/antenna(s) allowed as a principal permitted (P) use if the
applicable conditions set forth in KMC 14.20.255 are met or a conditional use
(C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are
met.
29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access
to any such parcel must be either from: (a) driveway access on the Kenai Spur
Highway; or (b) driveway access from a dedicated right-of-way and that driveway
access is not more than two hundred seventy-five (275) feet as measured from
the constructed centerline of the Kenai Spur Highway to the center of the
driveway access as shown on an as-built drawing/survey of the parcel.
Section 6. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part, provision, or application directly involved in all
controversy in which this judgment shall have been rendered, and shall
not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council
hereby declares that it would have enacted the remainder of this
ordinance even without such part, provision, or application.
Section 7. Effective Date: That pursuant to Kenai Municipal Code Section
1.15.070(f), this ordinance shall take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: *, 2016
Adopted: *, 2016
Effective: *, 2016
Page 22 of 68
U.S. Department
of Transportation
Federal Aviation
Administration
Advisory
Circular
Subject: HAZARDOUS WILDLIFE
ATTRACTANTS ON OR NEAR
AIRPORTS
Date: 8/28/2007
Initiated by: AAS-300
AC No: 150/5200-33B
Change:
1. PURPOSE. This Advisory Circular (AC) provides guidance on certain land uses
that have the potential to attract hazardous wildlife on or near public-use airports. It
also discusses airport development projects (including airport construction, expansion,
and renovation) affecting aircraft movement near hazardous wildlife attractants.
Appendix 1 provides definitions of terms used in this AC.
2. APPLICABILITY. The Federal Aviation Administration (FAA) recommends that
public-use airport operators implement the standards and practices contained in this
AC. The holders of Airport Operating Certificates issued under Title 14, Code of
Federal Regulations (CFR), Part 139, Certification of Airports, Subpart D (Part 139),
may use the standards, practices, and recommendations contained in this AC to comply
with the wildlife hazard management requirements of Part 139. Airports that have
received Federal grant-in-aid assistance must use these standards. The FAA also
recommends the guidance in this AC for land-use planners, operators of non-
certificated airports, and developers of projects, facilities, and activities on or near
airports.
3. CANCELLATION. This AC cancels AC 150/5200-33A, Hazardous Wildlife
Attractants on or near Airports, dated July 27, 2004.
4. PRINCIPAL CHANGES. This AC contains the following major changes, which
are marked with vertical bars in the margin:
a. Technical changes to paragraph references.
b. Wording on storm water detention ponds.
c. Deleted paragraph 4-3.b, Additional Coordination.
5. BACKGROUND. Information about the risks posed to aircraft by certain wildlife
species has increased a great deal in recent years. Improved reporting, studies,
documentation, and statistics clearly show that aircraft collisions with birds and other
wildlife are a serious economic and public safety problem. While many species of
wildlife can pose a threat to aircraft safety, they are not equally hazardous. Table 1
Page 23 of 68
8/28/2007 AC 150/5200-33B
ranks the wildlife groups commonly involved in damaging strikes in the United States
according to their relative hazard to aircraft. The ranking is based on the 47,212
records in the FAA National Wildlife Strike Database for the years 1990 through 2003.
These hazard rankings, in conjunction with site-specific Wildlife Hazards Assessments
(WHA), will help airport operators determine the relative abundance and use patterns of
wildlife species and help focus hazardous wildlife management efforts on those species
most likely to cause problems at an airport.
Most public-use airports have large tracts of open, undeveloped land that provide added
margins of safety and noise mitigation. These areas can also present potential hazards
to aviation if they encourage wildlife to enter an airport's approach or departure airspace
or air operations area (AOA). Constructed or natural areas—such as poorly drained
locations, detention/retention ponds, roosting habitats on buildings, landscaping, odor-
causing rotting organic matter (putrescible waste) disposal operations, wastewater
treatment plants, agricultural or aquaculture activities, surface mining, or wetlands—can
provide wildlife with ideal locations for feeding, loafing, reproduction, and escape. Even
small facilities, such as fast food restaurants, taxicab staging areas, rental car facilities,
aircraft viewing areas, and public parks, can produce substantial attractions for
hazardous wildlife.
During the past century, wildlife-aircraft strikes have resulted in the loss of hundreds of
lives worldwide, as well as billions of dollars in aircraft damage. Hazardous wildlife
attractants on and near airports can jeopardize future airport expansion, making proper
community land-use planning essential. This AC provides airport operators and those
parties with whom they cooperate with the guidance they need to assess and address
potentially hazardous wildlife attractants when locating new facilities and implementing
certain land-use practices on or near public-use airports.
6. MEMORANDUM OF AGREEMENT BETWEEN FEDERAL RESOURCE
AGENCIES. The FAA, the U.S. Air Force, the U.S. Army Corps of Engineers, the U.S.
Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S.
Department of Agriculture - Wildlife Services signed a Memorandum of Agreement
(MOA) in July 2003 to acknowledge their respective missions in protecting aviation from
wildlife hazards. Through the MOA, the agencies established procedures necessary to
coordinate their missions to address more effectively existing and future environmental
conditions contributing to collisions between wildlife and aircraft (wildlife strikes)
throughout the United States. These efforts are intended to minimize wildlife risks to
aviation and human safety while protecting the Nation’s valuable environmental
resources.
DAVID L. BENNETT
Director, Office of Airport Safety
and Standards
ii
Page 24 of 68
8/28/2007 AC 150/5200-33B
Table 1. Ranking of 25 species groups as to relative hazard to aircraft (1=most hazardous)
based on three criteria (damage, major damage, and effect-on-flight), a composite ranking
based on all three rankings, and a relative hazard score. Data were derived from the FAA
National Wildlife Strike Database, January 1990–April 2003.1
Ranking by criteria
Species group Damage 4
Major
damage 5 Effect on flight 6
Composite
ranking 2
Relative
hazard score 3
Deer 1 1 1 1 100
Vultures 2 2 2 2 64
Geese 3 3 6 3 55
Cormorants/pelicans 4 5 3 4 54
Cranes 7 6 4 5 47
Eagles 6 9 7 6 41
Ducks 5 8 10 7 39
Osprey 8 4 8 8 39
Turkey/pheasants 9 7 11 9 33
Herons 11 14 9 10 27
Hawks (buteos) 10 12 12 11 25
Gulls 12 11 13 12 24
Rock pigeon 13 10 14 13 23
Owls 14 13 20 14 23
H. lark/s. bunting 18 15 15 15 17
Crows/ravens 15 16 16 16 16
Coyote 16 19 5 17 14
Mourning dove 17 17 17 18 14
Shorebirds 19 21 18 19 10
Blackbirds/starling 20 22 19 20 10
American kestrel 21 18 21 21 9
Meadowlarks 22 20 22 22 7
Swallows 24 23 24 23 4
Sparrows 25 24 23 24 4
Nighthawks 23 25 25 25 1
1 Excerpted from the Special Report for the FAA, “Ranking the Hazard Level of Wildlife Species to Civil
Aviation in the USA: Update #1, July 2, 2003”. Refer to this report for additional explanations of criteria
and method of ranking.
2 Relative rank of each species group was compared with every other group for the three variables,
placing the species group with the greatest hazard rank for > 2 of the 3 variables above the next highest
ranked group, then proceeding down the list.
3 Percentage values, from Tables 3 and 4 in Footnote 1 of the Special Report, for the three criteria were
summed and scaled down from 100, with 100 as the score for the species group with the maximum
summed values and the greatest potential hazard to aircraft.
4 Aircraft incurred at least some damage (destroyed, substantial, minor, or unknown) from strike.
5 Aircraft incurred damage or structural failure, which adversely affected the structure strength,
performance, or flight characteristics, and which would normally require major repair or replacement of
the affected component, or the damage sustained makes it inadvisable to restore aircraft to airworthy
condition.
6 Aborted takeoff, engine shutdown, precautionary landing, or other.
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Table of Contents
SECTION 1. GENERAL SEPARATION CRITERIA FOR HAZARDOUS WILDLIFE ATTRACTANTS
ON OR NEAR AIRPORTS............................................................................................................................1
1-1. INTRODUCTION.................................................................................................................1
1-2. AIRPORTS SERVING PISTON-POWERED AIRCRAFT ...................................................1
1-3. AIRPORTS SERVING TURBINE-POWERED AIRCRAFT.................................................1
1-4. PROTECTION OF APPROACH, DEPARTURE, AND CIRCLING AIRSPACE..................1
SECTION 2. LAND-USE PRACTICES ON OR NEAR AIRPORTS THAT POTENTIALLY ATTRACT
HAZARDOUS WILDLIFE..............................................................................................................................3
2-1. GENERAL ...........................................................................................................................3
2-2. WASTE DISPOSAL OPERATIONS....................................................................................3
2-3. WATER MANAGEMENT FACILITIES ................................................................................5
2-4. WETLANDS ........................................................................................................................8
2-5. DREDGE SPOIL CONTAINMENT AREAS........................................................................9
2-6. AGRICULTURAL ACTIVITIES ............................................................................................9
2-7. GOLF COURSES, LANDSCAPING AND OTHER LAND-USE CONSIDERATIONS......10
2-8. SYNERGISTIC EFFECTS OF SURROUNDING LAND USES........................................11
SECTION 3. PROCEDURES FOR WILDLIFE HAZARD MANAGEMENT BY OPERATORS OF
PUBLIC-USE AIRPORTS...........................................................................................................................13
3.1. INTRODUCTION...............................................................................................................13
3.2. COORDINATION WITH USDA WILDLIFE SERVICES OR OTHER QUALIFIED
WILDLIFE DAMAGE MANAGEMENT BIOLOGISTS.......................................................13
3-3. WILDLIFE HAZARD MANAGEMENT AT AIRPORTS: A MANUAL FOR AIRPORT
PERSONNEL....................................................................................................................13
3-4. WILDLIFE HAZARD ASSESSMENTS, TITLE 14, CODE OF FEDERAL
REGULATIONS, PART 139..............................................................................................13
3-5. WILDLIFE HAZARD MANAGEMENT PLAN (WHMP).....................................................14
3-6. LOCAL COORDINATION.................................................................................................14
3-7. COORDINATION/NOTIFICATION OF AIRMEN OF WILDLIFE HAZARDS ....................14
SECTION 4. FAA NOTIFICATION AND REVIEW OF PROPOSED LAND-USE PRACTICE
CHANGES IN THE VICINITY OF PUBLIC-USE AIRPORTS .....................................................................15
4-1. FAA REVIEW OF PROPOSED LAND-USE PRACTICE CHANGES IN THE VICINITY
OF PUBLIC-USE AIRPORTS...........................................................................................15
4-2. WASTE MANAGEMENT FACILITIES ..............................................................................15
4-3. OTHER LAND-USE PRACTICE CHANGES ....................................................................16
APPENDIX 1. DEFINITIONS OF TERMS USED IN THIS ADVISORY CIRCULAR..................................19
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SECTION 1.
GENERAL SEPARATION CRITERIA FOR HAZARDOUS WILDLIFE ATTRACTANTS
ON OR NEAR AIRPORTS.
1-1. INTRODUCTION. When considering proposed land uses, airport operators,
local planners, and developers must take into account whether the proposed land uses,
including new development projects, will increase wildlife hazards. Land-use practices
that attract or sustain hazardous wildlife populations on or near airports can significantly
increase the potential for wildlife strikes.
The FAA recommends the minimum separation criteria outlined below for land-use
practices that attract hazardous wildlife to the vicinity of airports. Please note that FAA
criteria include land uses that cause movement of hazardous wildlife onto, into, or
across the airport’s approach or departure airspace or air operations area (AOA). (See
the discussion of the synergistic effects of surrounding land uses in Section 2-8 of this
AC.)
The basis for the separation criteria contained in this section can be found in existing
FAA regulations. The separation distances are based on (1) flight patterns of piston-
powered aircraft and turbine-powered aircraft, (2) the altitude at which most strikes
happen (78 percent occur under 1,000 feet and 90 percent occur under 3,000 feet
above ground level), and (3) National Transportation Safety Board (NTSB)
recommendations.
1-2. AIRPORTS SERVING PISTON-POWERED AIRCRAFT. Airports that do not sell
Jet-A fuel normally serve piston-powered aircraft. Notwithstanding more stringent
requirements for specific land uses, the FAA recommends a separation distance of
5,000 feet at these airports for any of the hazardous wildlife attractants mentioned in
Section 2 or for new airport development projects meant to accommodate aircraft
movement. This distance is to be maintained between an airport’s AOA and the
hazardous wildlife attractant. Figure 1 depicts this separation distance measured from
the nearest aircraft operations areas.
1-3. AIRPORTS SERVING TURBINE-POWERED AIRCRAFT. Airports selling Jet-A
fuel normally serve turbine-powered aircraft. Notwithstanding more stringent
requirements for specific land uses, the FAA recommends a separation distance of
10,000 feet at these airports for any of the hazardous wildlife attractants mentioned in
Section 2 or for new airport development projects meant to accommodate aircraft
movement. This distance is to be maintained between an airport’s AOA and the
hazardous wildlife attractant. Figure 1 depicts this separation distance from the nearest
aircraft movement areas.
1-4. PROTECTION OF APPROACH, DEPARTURE, AND CIRCLING AIRSPACE.
For all airports, the FAA recommends a distance of 5 statute miles between the farthest
edge of the airport’s AOA and the hazardous wildlife attractant if the attractant could
cause hazardous wildlife movement into or across the approach or departure airspace.
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Figure 1. Separation distances within which hazardous wildlife attractants should be avoided, eliminated,
or mitigated.
PERIMETER A
PERIMETER B
Runway
Parking Apron Area
y
Ru
n
w
a
Taxiway Taxiway
PERIMETER C
PERIMETER A: For airports serving piston-powered aircraft, hazardous wildlife attractants must be 5,000
feet from the nearest air operations area.
PERIMETER B: For airports serving turbine-powered aircraft, hazardous wildlife attractants must be
10,000 feet from the nearest air operations area.
PERIMETER C: 5-mile range to protect approach, departure and circling airspace.
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SECTION 2.
LAND-USE PRACTICES ON OR NEAR AIRPORTS THAT POTENTIALLY ATTRACT
HAZARDOUS WILDLIFE.
2-1. GENERAL. The wildlife species and the size of the populations attracted to the
airport environment vary considerably, depending on several factors, including land-use
practices on or near the airport. This section discusses land-use practices having the
potential to attract hazardous wildlife and threaten aviation safety. In addition to the
specific considerations outlined below, airport operators should refer to Wildlife Hazard
Management at Airports, prepared by FAA and U.S. Department of Agriculture (USDA)
staff. (This manual is available in English, Spanish, and French. It can be viewed and
downloaded free of charge from the FAA’s wildlife hazard mitigation web site:
http://wildlife-mitigation.tc.FAA.gov.). And, Prevention and Control of Wildlife Damage,
compiled by the University of Nebraska Cooperative Extension Division. (This manual
is available online in a periodically updated version at:
ianrwww.unl.edu/wildlife/solutions/handbook/.)
2-2. WASTE DISPOSAL OPERATIONS. Municipal solid waste landfills (MSWLF)
are known to attract large numbers of hazardous wildlife, particularly birds. Because of
this, these operations, when located within the separations identified in the siting criteria
in Sections 1-2 through 1-4, are considered incompatible with safe airport operations.
a. Siting for new municipal solid waste landfills subject to AIR 21. Section 503 of
the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
(Public Law 106-181) (AIR 21) prohibits the construction or establishment of a new
MSWLF within 6 statute miles of certain public-use airports. Before these
prohibitions apply, both the airport and the landfill must meet the very specific
conditions described below. These restrictions do not apply to airports or landfills
located within the state of Alaska.
The airport must (1) have received a Federal grant(s) under 49 U.S.C. § 47101, et.
seq.; (2) be under control of a public agency; (3) serve some scheduled air carrier
operations conducted in aircraft with less than 60 seats; and (4) have total annual
enplanements consisting of at least 51 percent of scheduled air carrier
enplanements conducted in aircraft with less than 60 passenger seats.
The proposed MSWLF must (1) be within 6 miles of the airport, as measured from
airport property line to MSWLF property line, and (2) have started construction or
establishment on or after April 5, 2001. Public Law 106-181 only limits the
construction or establishment of some new MSWLF. It does not limit the expansion,
either vertical or horizontal, of existing landfills.
NOTE: Consult the most recent version of AC 150/5200-34, Construction or
Establishment of Landfills Near Public Airports, for a more detailed discussion of
these restrictions.
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b. Siting for new MSWLF not subject to AIR 21. If an airport and MSWLF do not
meet the restrictions of Public Law 106-181, the FAA recommends against locating
MSWLF within the separation distances identified in Sections 1-2 through 1-4. The
separation distances should be measured from the closest point of the airport’s AOA
to the closest planned MSWLF cell.
c. Considerations for existing waste disposal facilities within the limits of
separation criteria. The FAA recommends against airport development projects
that would increase the number of aircraft operations or accommodate larger or
faster aircraft near MSWLF operations located within the separations identified in
Sections 1-2 through 1-4. In addition, in accordance with 40 CFR 258.10, owners or
operators of existing MSWLF units that are located within the separations listed in
Sections 1-2 through 1-4 must demonstrate that the unit is designed and operated
so it does not pose a bird hazard to aircraft. (See Section 4-2(b) of this AC for a
discussion of this demonstration requirement.)
d. Enclosed trash transfer stations. Enclosed waste-handling facilities that receive
garbage behind closed doors; process it via compaction, incineration, or similar
manner; and remove all residue by enclosed vehicles generally are compatible with
safe airport operations, provided they are not located on airport property or within
the Runway Protection Zone (RPZ). These facilities should not handle or store
putrescible waste outside or in a partially enclosed structure accessible to hazardous
wildlife. Trash transfer facilities that are open on one or more sides; that store
uncovered quantities of municipal solid waste outside, even if only for a short time;
that use semi-trailers that leak or have trash clinging to the outside; or that do not
control odors by ventilation and filtration systems (odor masking is not acceptable)
do not meet the FAA’s definition of fully enclosed trash transfer stations. The FAA
considers these facilities incompatible with safe airport operations if they are located
closer than the separation distances specified in Sections 1-2 through 1-4.
e. Composting operations on or near airport property. Composting operations that
accept only yard waste (e.g., leaves, lawn clippings, or branches) generally do not
attract hazardous wildlife. Sewage sludge, woodchips, and similar material are not
municipal solid wastes and may be used as compost bulking agents. The compost,
however, must never include food or other municipal solid waste. Composting
operations should not be located on airport property. Off-airport property
composting operations should be located no closer than the greater of the following
distances: 1,200 feet from any AOA or the distance called for by airport design
requirements (see AC 150/5300-13, Airport Design). This spacing should prevent
material, personnel, or equipment from penetrating any Object Free Area (OFA),
Obstacle Free Zone (OFZ), Threshold Siting Surface (TSS), or Clearway. Airport
operators should monitor composting operations located in proximity to the airport to
ensure that steam or thermal rise does not adversely affect air traffic. On-airport
disposal of compost by-products should not be conducted for the reasons stated in
2-3f.
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f. Underwater waste discharges. The FAA recommends against the underwater
discharge of any food waste (e.g., fish processing offal) within the separations
identified in Sections 1-2 through 1-4 because it could attract scavenging hazardous
wildlife.
g. Recycling centers. Recycling centers that accept previously sorted non-food items,
such as glass, newspaper, cardboard, or aluminum, are, in most cases, not
attractive to hazardous wildlife and are acceptable.
h. Construction and demolition (C&D) debris facilities. C&D landfills do not
generally attract hazardous wildlife and are acceptable if maintained in an orderly
manner, admit no putrescible waste, and are not co-located with other waste
disposal operations. However, C&D landfills have similar visual and operational
characteristics to putrescible waste disposal sites. When co-located with putrescible
waste disposal operations, C&D landfills are more likely to attract hazardous wildlife
because of the similarities between these disposal facilities. Therefore, a C&D
landfill co-located with another waste disposal operation should be located outside of
the separations identified in Sections 1-2 through 1-4.
i. Fly ash disposal. The incinerated residue from resource recovery power/heat-
generating facilities that are fired by municipal solid waste, coal, or wood is generally
not a wildlife attractant because it no longer contains putrescible matter. Landfills
accepting only fly ash are generally not considered to be wildlife attractants and are
acceptable as long as they are maintained in an orderly manner, admit no
putrescible waste of any kind, and are not co-located with other disposal operations
that attract hazardous wildlife.
Since varying degrees of waste consumption are associated with general
incineration (not resource recovery power/heat-generating facilities), the FAA
considers the ash from general incinerators a regular waste disposal by-product and,
therefore, a hazardous wildlife attractant if disposed of within the separation criteria
outlined in Sections 1-2 through 1-4.
2-3. WATER MANAGEMENT FACILITIES. Drinking water intake and treatment
facilities, storm water and wastewater treatment facilities, associated retention and
settling ponds, ponds built for recreational use, and ponds that result from mining
activities often attract large numbers of potentially hazardous wildlife. To prevent
wildlife hazards, land-use developers and airport operators may need to develop
management plans, in compliance with local and state regulations, to support the
operation of storm water management facilities on or near all public-use airports to
ensure a safe airport environment.
a. Existing storm water management facilities. On-airport storm water
management facilities allow the quick removal of surface water, including discharges
related to aircraft deicing, from impervious surfaces, such as pavement and
terminal/hangar building roofs. Existing on-airport detention ponds collect storm
water, protect water quality, and control runoff. Because they slowly release water
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after storms, they create standing bodies of water that can attract hazardous wildlife.
Where the airport has developed a Wildlife Hazard Management Plan (WHMP) in
accordance with Part 139, the FAA requires immediate correction of any wildlife
hazards arising from existing storm water facilities located on or near airports, using
appropriate wildlife hazard mitigation techniques. Airport operators should develop
measures to minimize hazardous wildlife attraction in consultation with a wildlife
damage management biologist.
Where possible, airport operators should modify storm water detention ponds to
allow a maximum 48-hour detention period for the design storm. The FAA
recommends that airport operators avoid or remove retention ponds and detention
ponds featuring dead storage to eliminate standing water. Detention basins should
remain totally dry between rainfalls. Where constant flow of water is anticipated
through the basin, or where any portion of the basin bottom may remain wet, the
detention facility should include a concrete or paved pad and/or ditch/swale in the
bottom to prevent vegetation that may provide nesting habitat.
When it is not possible to drain a large detention pond completely, airport operators
may use physical barriers, such as bird balls, wires grids, pillows, or netting, to deter
birds and other hazardous wildlife. When physical barriers are used, airport
operators must evaluate their use and ensure they will not adversely affect water
rescue. Before installing any physical barriers over detention ponds on Part 139
airports, airport operators must get approval from the appropriate FAA Regional
Airports Division Office.
The FAA recommends that airport operators encourage off-airport storm water
treatment facility operators to incorporate appropriate wildlife hazard mitigation
techniques into storm water treatment facility operating practices when their facility is
located within the separation criteria specified in Sections 1-2 through 1-4.
b. New storm water management facilities. The FAA strongly recommends that off-
airport storm water management systems located within the separations identified in
Sections 1-2 through 1-4 be designed and operated so as not to create above-
ground standing water. Stormwater detention ponds should be designed,
engineered, constructed, and maintained for a maximum 48–hour detention period
after the design storm and remain completely dry between storms. To facilitate the
control of hazardous wildlife, the FAA recommends the use of steep-sided, rip-rap
lined, narrow, linearly shaped water detention basins. When it is not possible to
place these ponds away from an airport’s AOA, airport operators should use
physical barriers, such as bird balls, wires grids, pillows, or netting, to prevent
access of hazardous wildlife to open water and minimize aircraft-wildlife interactions.
When physical barriers are used, airport operators must evaluate their use and
ensure they will not adversely affect water rescue. Before installing any physical
barriers over detention ponds on Part 139 airports, airport operators must get
approval from the appropriate FAA Regional Airports Division Office. All vegetation
in or around detention basins that provide food or cover for hazardous wildlife should
be eliminated. If soil conditions and other requirements allow, the FAA encourages
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the use of underground storm water infiltration systems, such as French drains or
buried rock fields, because they are less attractive to wildlife.
c. Existing wastewater treatment facilities. The FAA strongly recommends that
airport operators immediately correct any wildlife hazards arising from existing
wastewater treatment facilities located on or near the airport. Where required, a
WHMP developed in accordance with Part 139 will outline appropriate wildlife
hazard mitigation techniques. Accordingly, airport operators should encourage
wastewater treatment facility operators to incorporate measures, developed in
consultation with a wildlife damage management biologist, to minimize hazardous
wildlife attractants. Airport operators should also encourage those wastewater
treatment facility operators to incorporate these mitigation techniques into their
standard operating practices. In addition, airport operators should consider the
existence of wastewater treatment facilities when evaluating proposed sites for new
airport development projects and avoid such sites when practicable.
d. New wastewater treatment facilities. The FAA strongly recommends against the
construction of new wastewater treatment facilities or associated settling ponds
within the separations identified in Sections 1-2 through 1-4. Appendix 1 defines
wastewater treatment facility as “any devices and/or systems used to store, treat,
recycle, or reclaim municipal sewage or liquid industrial wastes.” The definition
includes any pretreatment involving the reduction of the amount of pollutants or the
elimination of pollutants prior to introducing such pollutants into a publicly owned
treatment works (wastewater treatment facility). During the site-location analysis for
wastewater treatment facilities, developers should consider the potential to attract
hazardous wildlife if an airport is in the vicinity of the proposed site, and airport
operators should voice their opposition to such facilities if they are in proximity to the
airport.
e. Artificial marshes. In warmer climates, wastewater treatment facilities sometimes
employ artificial marshes and use submergent and emergent aquatic vegetation as
natural filters. These artificial marshes may be used by some species of flocking
birds, such as blackbirds and waterfowl, for breeding or roosting activities. The FAA
strongly recommends against establishing artificial marshes within the separations
identified in Sections 1-2 through 1-4.
f. Wastewater discharge and sludge disposal. The FAA recommends against the
discharge of wastewater or sludge on airport property because it may improve soil
moisture and quality on unpaved areas and lead to improved turf growth that can be
an attractive food source for many species of animals. Also, the turf requires more
frequent mowing, which in turn may mutilate or flush insects or small animals and
produce straw, both of which can attract hazardous wildlife. In addition, the
improved turf may attract grazing wildlife, such as deer and geese. Problems may
also occur when discharges saturate unpaved airport areas. The resultant soft,
muddy conditions can severely restrict or prevent emergency vehicles from reaching
accident sites in a timely manner.
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2-4. WETLANDS. Wetlands provide a variety of functions and can be regulated by
local, state, and Federal laws. Normally, wetlands are attractive to many types of
wildlife, including many which rank high on the list of hazardous wildlife species (Table
1).
NOTE: If questions exist as to whether an area qualifies as a wetland, contact the local
division of the U.S. Army Corps of Engineers, the Natural Resources Conservation
Service, or a wetland consultant qualified to delineate wetlands.
a. Existing wetlands on or near airport property. If wetlands are located on or near
airport property, airport operators should be alert to any wildlife use or habitat
changes in these areas that could affect safe aircraft operations. At public-use
airports, the FAA recommends immediately correcting, in cooperation with local,
state, and Federal regulatory agencies, any wildlife hazards arising from existing
wetlands located on or near airports. Where required, a WHMP will outline
appropriate wildlife hazard mitigation techniques. Accordingly, airport operators
should develop measures to minimize hazardous wildlife attraction in consultation
with a wildlife damage management biologist.
b. New airport development. Whenever possible, the FAA recommends locating new
airports using the separations from wetlands identified in Sections 1-2 through 1-4.
Where alternative sites are not practicable, or when airport operators are expanding
an existing airport into or near wetlands, a wildlife damage management biologist, in
consultation with the U.S. Fish and Wildlife Service, the U.S. Army Corps of
Engineers, and the state wildlife management agency should evaluate the wildlife
hazards and prepare a WHMP that indicates methods of minimizing the hazards.
c. Mitigation for wetland impacts from airport projects. Wetland mitigation may be
necessary when unavoidable wetland disturbances result from new airport
development projects or projects required to correct wildlife hazards from wetlands.
Wetland mitigation must be designed so it does not create a wildlife hazard. The
FAA recommends that wetland mitigation projects that may attract hazardous wildlife
be sited outside of the separations identified in Sections 1-2 through 1-4.
(1) Onsite mitigation of wetland functions. The FAA may consider exceptions
to locating mitigation activities outside the separations identified in Sections 1-2
through 1-4 if the affected wetlands provide unique ecological functions, such as
critical habitat for threatened or endangered species or ground water recharge,
which cannot be replicated when moved to a different location. Using existing
airport property is sometimes the only feasible way to achieve the mitigation ratios
mandated in regulatory orders and/or settlement agreements with the resource
agencies. Conservation easements are an additional means of providing mitigation
for project impacts. Typically the airport operator continues to own the property, and
an easement is created stipulating that the property will be maintained as habitat for
state or Federally listed species.
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Mitigation must not inhibit the airport operator’s ability to effectively control
hazardous wildlife on or near the mitigation site or effectively maintain other aspects
of safe airport operations. Enhancing such mitigation areas to attract hazardous
wildlife must be avoided. The FAA will review any onsite mitigation proposals to
determine compatibility with safe airport operations. A wildlife damage management
biologist should evaluate any wetland mitigation projects that are needed to protect
unique wetland functions and that must be located in the separation criteria in
Sections 1-2 through 1-4 before the mitigation is implemented. A WHMP should be
developed to reduce the wildlife hazards.
(2) Offsite mitigation of wetland functions. The FAA recommends that wetland
mitigation projects that may attract hazardous wildlife be sited outside of the
separations identified in Sections 1-2 through 1-4 unless they provide unique
functions that must remain onsite (see 2-4c(1)). Agencies that regulate impacts to or
around wetlands recognize that it may be necessary to split wetland functions in
mitigation schemes. Therefore, regulatory agencies may, under certain
circumstances, allow portions of mitigation to take place in different locations.
(3) Mitigation banking. Wetland mitigation banking is the creation or restoration
of wetlands in order to provide mitigation credits that can be used to offset permitted
wetland losses. Mitigation banking benefits wetland resources by providing advance
replacement for permitted wetland losses; consolidating small projects into larger,
better-designed and managed units; and encouraging integration of wetland
mitigation projects with watershed planning. This last benefit is most helpful for
airport projects, as wetland impacts mitigated outside of the separations identified in
Sections 1-2 through 1-4 can still be located within the same watershed. Wetland
mitigation banks meeting the separation criteria offer an ecologically sound
approach to mitigation in these situations. Airport operators should work with local
watershed management agencies or organizations to develop mitigation banking for
wetland impacts on airport property.
2-5. DREDGE SPOIL CONTAINMENT AREAS. The FAA recommends against
locating dredge spoil containment areas (also known as Confined Disposal Facilities)
within the separations identified in Sections 1-2 through 1-4 if the containment area or
the spoils contain material that would attract hazardous wildlife.
2-6. AGRICULTURAL ACTIVITIES. Because most, if not all, agricultural crops can
attract hazardous wildlife during some phase of production, the FAA recommends
against the used of airport property for agricultural production, including hay crops,
within the separations identified in Sections 1-2 through 1-4. . If the airport has no
financial alternative to agricultural crops to produce income necessary to maintain the
viability of the airport, then the airport shall follow the crop distance guidelines listed in
the table titled "Minimum Distances between Certain Airport Features and Any On-
Airport Agricultural Crops" found in AC 150/5300-13, Airport Design, Appendix 17. The
cost of wildlife control and potential accidents should be weighed against the income
produced by the on-airport crops when deciding whether to allow crops on the airport.
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a. Livestock production. Confined livestock operations (i.e., feedlots, dairy
operations, hog or chicken production facilities, or egg laying operations) often
attract flocking birds, such as starlings, that pose a hazard to aviation. Therefore,
The FAA recommends against such facilities within the separations identified in
Sections 1-2 through 1-4. Any livestock operation within these separations should
have a program developed to reduce the attractiveness of the site to species that
are hazardous to aviation safety. Free-ranging livestock must not be grazed on
airport property because the animals may wander onto the AOA. Furthermore,
livestock feed, water, and manure may attract birds.
b. Aquaculture. Aquaculture activities (i.e. catfish or trout production) conducted
outside of fully enclosed buildings are inherently attractive to a wide variety of birds.
Existing aquaculture facilities/activities within the separations listed in Sections 1-2
through 1-4 must have a program developed to reduce the attractiveness of the sites
to species that are hazardous to aviation safety. Airport operators should also
oppose the establishment of new aquaculture facilities/activities within the
separations listed in Sections 1-2 through 1-4.
c. Alternative uses of agricultural land. Some airports are surrounded by vast areas
of farmed land within the distances specified in Sections 1-2 through 1-4. Seasonal
uses of agricultural land for activities such as hunting can create a hazardous wildlife
situation. In some areas, farmers will rent their land for hunting purposes. Rice
farmers, for example, flood their land during waterfowl hunting season and obtain
additional revenue by renting out duck blinds. The duck hunters then use decoys
and call in hundreds, if not thousands, of birds, creating a tremendous threat to
aircraft safety. A wildlife damage management biologist should review, in
coordination with local farmers and producers, these types of seasonal land uses
and incorporate them into the WHMP.
2-7. GOLF COURSES, LANDSCAPING AND OTHER LAND-USE
CONSIDERATIONS.
a. Golf courses. The large grassy areas and open water found on most golf courses
are attractive to hazardous wildlife, particularly Canada geese and some species of
gulls. These species can pose a threat to aviation safety. The FAA recommends
against construction of new golf courses within the separations identified in Sections
1-2 through 1-4. Existing golf courses located within these separations must
develop a program to reduce the attractiveness of the sites to species that are
hazardous to aviation safety. Airport operators should ensure these golf courses are
monitored on a continuing basis for the presence of hazardous wildlife. If hazardous
wildlife is detected, corrective actions should be immediately implemented.
b. Landscaping and landscape maintenance. Depending on its geographic location,
landscaping can attract hazardous wildlife. The FAA recommends that airport
operators approach landscaping with caution and confine it to airport areas not
associated with aircraft movements. A wildlife damage management biologist
should review all landscaping plans. Airport operators should also monitor all
landscaped areas on a continuing basis for the presence of hazardous wildlife. If
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hazardous wildlife is detected, corrective actions should be immediately
implemented.
Turf grass areas can be highly attractive to a variety of hazardous wildlife species.
Research conducted by the USDA Wildlife Services’ National Wildlife Research
Center has shown that no one grass management regime will deter all species of
hazardous wildlife in all situations. In cooperation with wildlife damage management
biologist, airport operators should develop airport turf grass management plans on a
prescription basis, depending on the airport’s geographic locations and the type of
hazardous wildlife likely to frequent the airport
Airport operators should ensure that plant varieties attractive to hazardous wildlife
are not used on the airport. Disturbed areas or areas in need of re-vegetating
should not be planted with seed mixtures containing millet or any other large-seed
producing grass. For airport property already planted with seed mixtures containing
millet, rye grass, or other large-seed producing grasses, the FAA recommends
disking, plowing, or another suitable agricultural practice to prevent plant maturation
and seed head production. Plantings should follow the specific recommendations
for grass management and seed and plant selection made by the State University
Cooperative Extension Service, the local office of Wildlife Services, or a qualified
wildlife damage management biologist. Airport operators should also consider
developing and implementing a preferred/prohibited plant species list, reviewed by a
wildlife damage management biologist, which has been designed for the geographic
location to reduce the attractiveness to hazardous wildlife for landscaping airport
property.
c. Airports surrounded by wildlife habitat. The FAA recommends that operators of
airports surrounded by woodlands, water, or wetlands refer to Section 2.4 of this AC.
Operators of such airports should provide for a Wildlife Hazard Assessment (WHA)
conducted by a wildlife damage management biologist. This WHA is the first step in
preparing a WHMP, where required.
d. Other hazardous wildlife attractants. Other specific land uses or activities (e.g.,
sport or commercial fishing, shellfish harvesting, etc.), perhaps unique to certain
regions of the country, have the potential to attract hazardous wildlife. Regardless of
the source of the attraction, when hazardous wildlife is noted on a public-use airport,
airport operators must take prompt remedial action(s) to protect aviation safety.
2-8. SYNERGISTIC EFFECTS OF SURROUNDING LAND USES. There may be
circumstances where two (or more) different land uses that would not, by themselves,
be considered hazardous wildlife attractants or that are located outside of the
separations identified in Sections 1-2 through 1-4 that are in such an alignment with the
airport as to create a wildlife corridor directly through the airport and/or surrounding
airspace. An example of this situation may involve a lake located outside of the
separation criteria on the east side of an airport and a large hayfield on the west side of
an airport, land uses that together could create a flyway for Canada geese directly
across the airspace of the airport. There are numerous examples of such situations;
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therefore, airport operators and the wildlife damage management biologist must
consider the entire surrounding landscape and community when developing the WHMP.
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SECTION 3.
PROCEDURES FOR WILDLIFE HAZARD MANAGEMENT BY OPERATORS OF
PUBLIC-USE AIRPORTS.
3.1. INTRODUCTION. In recognition of the increased risk of serious aircraft damage
or the loss of human life that can result from a wildlife strike, the FAA may require the
development of a Wildlife Hazard Management Plan (WHMP) when specific triggering
events occur on or near the airport. Part 139.337 discusses the specific events that
trigger a Wildlife Hazard Assessment (WHA) and the specific issues that a WHMP must
address for FAA approval and inclusion in an Airport Certification Manual.
3.2. COORDINATION WITH USDA WILDLIFE SERVICES OR OTHER QUALIFIED
WILDLIFE DAMAGE MANAGEMENT BIOLOGISTS. The FAA will use the Wildlife
Hazard Assessment (WHA) conducted in accordance with Part 139 to determine if the
airport needs a WHMP. Therefore, persons having the education, training, and expertise
necessary to assess wildlife hazards must conduct the WHA. The airport operator may
look to Wildlife Services or to qualified private consultants to conduct the WHA. When the
services of a wildlife damage management biologist are required, the FAA recommends
that land-use developers or airport operators contact a consultant specializing in wildlife
damage management or the appropriate state director of Wildlife Services.
NOTE: Telephone numbers for the respective USDA Wildlife Services state offices can
be obtained by contacting USDA Wildlife Services Operational Support Staff, 4700
River Road, Unit 87, Riverdale, MD, 20737-1234, Telephone (301) 734-7921, Fax (301)
734-5157 (http://www.aphis.usda.gov/ws/).
3-3. WILDLIFE HAZARD MANAGEMENT AT AIRPORTS: A MANUAL FOR
AIRPORT PERSONNEL. This manual, prepared by FAA and USDA Wildlife Services
staff, contains a compilation of information to assist airport personnel in the
development, implementation, and evaluation of WHMPs at airports. The manual
includes specific information on the nature of wildlife strikes, legal authority, regulations,
wildlife management techniques, WHAs, WHMPs, and sources of help and information.
The manual is available in three languages: English, Spanish, and French. It can be
viewed and downloaded free of charge from the FAA’s wildlife hazard mitigation web
site: http://wildlife-mitigation.tc.FAA.gov/. This manual only provides a starting point for
addressing wildlife hazard issues at airports. Hazardous wildlife management is a
complex discipline and conditions vary widely across the United States. Therefore,
qualified wildlife damage management biologists must direct the development of a
WHMP and the implementation of management actions by airport personnel.
There are many other resources complementary to this manual for use in developing
and implementing WHMPs. Several are listed in the manual's bibliography.
3-4. WILDLIFE HAZARD ASSESSMENTS, TITLE 14, CODE OF FEDERAL
REGULATIONS, PART 139. Part 139.337(b) requires airport operators to conduct a
Wildlife Hazard Assessment (WHA) when certain events occur on or near the airport.
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Part 139.337 (c) provides specific guidance as to what facts must be addressed in a
WHA.
3-5. WILDLIFE HAZARD MANAGEMENT PLAN (WHMP). The FAA will consider
the results of the WHA, along with the aeronautical activity at the airport and the views
of the airport operator and airport users, in determining whether a formal WHMP is
needed, in accordance with Part 139.337. If the FAA determines that a WHMP is
needed, the airport operator must formulate and implement a WHMP, using the WHA as
the basis for the plan.
The goal of an airport’s Wildlife Hazard Management Plan is to minimize the risk to
aviation safety, airport structures or equipment, or human health posed by populations
of hazardous wildlife on and around the airport.
The WHMP must identify hazardous wildlife attractants on or near the airport and the
appropriate wildlife damage management techniques to minimize the wildlife hazard. It
must also prioritize the management measures.
3-6. LOCAL COORDINATION. The establishment of a Wildlife Hazards Working
Group (WHWG) will facilitate the communication, cooperation, and coordination of the
airport and its surrounding community necessary to ensure the effectiveness of the
WHMP. The cooperation of the airport community is also necessary when new projects
are considered. Whether on or off the airport, the input from all involved parties must be
considered when a potentially hazardous wildlife attractant is being proposed. Airport
operators should also incorporate public education activities with the local coordination
efforts because some activities in the vicinity of your airport, while harmless under
normal leisure conditions, can attract wildlife and present a danger to aircraft. For
example, if public trails are planned near wetlands or in parks adjoining airport property,
the public should know that feeding birds and other wildlife in the area may pose a risk
to aircraft.
Airport operators should work with local and regional planning and zoning boards so as
to be aware of proposed land-use changes, or modification of existing land uses, that
could create hazardous wildlife attractants within the separations identified in Sections
1-2 through 1-4. Pay particular attention to proposed land uses involving creation or
expansion of waste water treatment facilities, development of wetland mitigation sites,
or development or expansion of dredge spoil containment areas. At the very least,
airport operators must ensure they are on the notification list of the local planning board
or equivalent review entity for all communities located within 5 miles of the airport, so
they will receive notification of any proposed project and have the opportunity to review
it for attractiveness to hazardous wildlife.
3-7 COORDINATION/NOTIFICATION OF AIRMEN OF WILDLIFE HAZARDS. If an
existing land-use practice creates a wildlife hazard and the land-use practice or wildlife
hazard cannot be immediately eliminated, airport operators must issue a Notice to
Airmen (NOTAM) and encourage the land–owner or manager to take steps to control
the wildlife hazard and minimize further attraction.
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SECTION 4.
FAA NOTIFICATION AND REVIEW OF PROPOSED LAND-USE PRACTICE
CHANGES IN THE VICINITY OF PUBLIC-USE AIRPORTS
4-1. FAA REVIEW OF PROPOSED LAND-USE PRACTICE CHANGES IN THE
VICINITY OF PUBLIC-USE AIRPORTS.
a. The FAA discourages the development of waste disposal and other facilities,
discussed in Section 2, located within the 5,000/10,000-foot criteria specified in
Sections 1-2 through 1-4.
b. For projects that are located outside the 5,000/10,000-foot criteria but within 5
statute miles of the airport’s AOA, the FAA may review development plans,
proposed land-use changes, operational changes, or wetland mitigation plans to
determine if such changes present potential wildlife hazards to aircraft operations.
The FAA considers sensitive airport areas as those that lie under or next to
approach or departure airspace. This brief examination should indicate if further
investigation is warranted.
c. Where a wildlife damage management biologist has conducted a further study to
evaluate a site's compatibility with airport operations, the FAA may use the study
results to make a determination.
4-2. WASTE MANAGEMENT FACILITIES.
a. Notification of new/expanded project proposal. Section 503 of the Wendell H.
Ford Aviation Investment and Reform Act for the 21st Century (Public Law 106-181)
limits the construction or establishment of new MSWLF within 6 statute miles of
certain public-use airports, when both the airport and the landfill meet very specific
conditions. See Section 2-2 of this AC and AC 150/5200-34 for a more detailed
discussion of these restrictions.
The Environmental Protection Agency (EPA) requires any MSWLF operator
proposing a new or expanded waste disposal operation within 5 statute miles of a
runway end to notify the appropriate FAA Regional Airports Division Office and the
airport operator of the proposal (40 CFR 258, Criteria for Municipal Solid Waste
Landfills, Section 258.10, Airport Safety). The EPA also requires owners or
operators of new MSWLF units, or lateral expansions of existing MSWLF units, that
are located within 10,000 feet of any airport runway end used by turbojet aircraft, or
within 5,000 feet of any airport runway end used only by piston-type aircraft, to
demonstrate successfully that such units are not hazards to aircraft. (See 4-2.b
below.)
When new or expanded MSWLF are being proposed near airports, MSWLF
operators must notify the airport operator and the FAA of the proposal as early as
possible pursuant to 40 CFR 258.
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b. Waste handling facilities within separations identified in Sections 1-2 through
1-4. To claim successfully that a waste-handling facility sited within the separations
identified in Sections 1-2 through 1-4 does not attract hazardous wildlife and does
not threaten aviation, the developer must establish convincingly that the facility will
not handle putrescible material other than that as outlined in 2-2.d. The FAA
strongly recommends against any facility other than that as outlined in 2-2.d
(enclosed transfer stations). The FAA will use this information to determine if the
facility will be a hazard to aviation.
c. Putrescible-Waste Facilities. In their effort to satisfy the EPA requirement, some
putrescible-waste facility proponents may offer to undertake experimental measures
to demonstrate that their proposed facility will not be a hazard to aircraft. To date, no
such facility has been able to demonstrate an ability to reduce and sustain
hazardous wildlife to levels that existed before the putrescible-waste landfill began
operating. For this reason, demonstrations of experimental wildlife control measures
may not be conducted within the separation identified in Sections 1-2 through 1-4.
4-3. OTHER LAND-USE PRACTICE CHANGES. As a matter of policy, the FAA
encourages operators of public-use airports who become aware of proposed land use
practice changes that may attract hazardous wildlife within 5 statute miles of their
airports to promptly notify the FAA. The FAA also encourages proponents of such land
use changes to notify the FAA as early in the planning process as possible. Advanced
notice affords the FAA an opportunity (1) to evaluate the effect of a particular land-use
change on aviation safety and (2) to support efforts by the airport sponsor to restrict the
use of land next to or near the airport to uses that are compatible with the airport.
The airport operator, project proponent, or land-use operator may use FAA Form 7460-
1, Notice of Proposed Construction or Alteration, or other suitable documents similar to
FAA Form 7460-1 to notify the appropriate FAA Regional Airports Division Office.
Project proponents can contact the appropriate FAA Regional Airports Division Office
for assistance with the notification process.
It is helpful if the notification includes a 15-minute quadrangle map of the area
identifying the location of the proposed activity. The land-use operator or project
proponent should also forward specific details of the proposed land-use change or
operational change or expansion. In the case of solid waste landfills, the information
should include the type of waste to be handled, how the waste will be processed, and
final disposal methods.
a. Airports that have received Federal grant-in-aid assistance. Airports that have
received Federal grant-in-aid assistance are required by their grant assurances to
take appropriate actions to restrict the use of land next to or near the airport to uses
that are compatible with normal airport operations. The FAA recommends that
airport operators to the extent practicable oppose off-airport land-use changes or
practices within the separations identified in Sections 1-2 through 1-4 that may
attract hazardous wildlife. Failure to do so may lead to noncompliance with
applicable grant assurances. The FAA will not approve the placement of airport
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development projects pertaining to aircraft movement in the vicinity of hazardous
wildlife attractants without appropriate mitigating measures. Increasing the intensity
of wildlife control efforts is not a substitute for eliminating or reducing a proposed
wildlife hazard. Airport operators should identify hazardous wildlife attractants and
any associated wildlife hazards during any planning process for new airport
development projects.
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APPENDIX 1. DEFINITIONS OF TERMS USED IN THIS ADVISORY CIRCULAR.
1. GENERAL. This appendix provides definitions of terms used throughout this AC.
1. Air operations area. Any area of an airport used or intended to be used for
landing, takeoff, or surface maneuvering of aircraft. An air operations area
includes such paved areas or unpaved areas that are used or intended to be
used for the unobstructed movement of aircraft in addition to its associated
runway, taxiways, or apron.
2. Airport operator. The operator (private or public) or sponsor of a public-use
airport.
3. Approach or departure airspace. The airspace, within 5 statute miles of an
airport, through which aircraft move during landing or takeoff.
4. Bird balls. High-density plastic floating balls that can be used to cover ponds
and prevent birds from using the sites.
5. Certificate holder. The holder of an Airport Operating Certificate issued under
Title 14, Code of Federal Regulations, Part 139.
6. Construct a new MSWLF. To begin to excavate, grade land, or raise
structures to prepare a municipal solid waste landfill as permitted by the
appropriate regulatory or permitting agency.
7. Detention ponds. Storm water management ponds that hold storm water for
short periods of time, a few hours to a few days.
8. Establish a new MSWLF. When the first load of putrescible waste is received
on-site for placement in a prepared municipal solid waste landfill.
9. Fly ash. The fine, sand-like residue resulting from the complete incineration of
an organic fuel source. Fly ash typically results from the combustion of coal or
waste used to operate a power generating plant.
10. General aviation aircraft. Any civil aviation aircraft not operating under 14
CFR Part 119, Certification: Air Carriers and Commercial Operators.
11. Hazardous wildlife. Species of wildlife (birds, mammals, reptiles), including
feral animals and domesticated animals not under control, that are associated
with aircraft strike problems, are capable of causing structural damage to
airport facilities, or act as attractants to other wildlife that pose a strike hazard
12. Municipal Solid Waste Landfill (MSWLF). A publicly or privately owned
discrete area of land or an excavation that receives household waste and that
is not a land application unit, surface impoundment, injection well, or waste pile,
as those terms are defined under 40 CFR § 257.2. An MSWLF may receive
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other types wastes, such as commercial solid waste, non-hazardous sludge,
small-quantity generator waste, and industrial solid waste, as defined under 40
CFR § 258.2. An MSWLF can consist of either a stand alone unit or several
cells that receive household waste.
13. New MSWLF. A municipal solid waste landfill that was established or
constructed after April 5, 2001.
14. Piston-powered aircraft. Fixed-wing aircraft powered by piston engines.
15. Piston-use airport. Any airport that does not sell Jet-A fuel for fixed-wing
turbine-powered aircraft, and primarily serves fixed-wing, piston-powered
aircraft. Incidental use of the airport by turbine-powered, fixed-wing aircraft
would not affect this designation. However, such aircraft should not be based
at the airport.
16. Public agency. A State or political subdivision of a State, a tax-supported
organization, or an Indian tribe or pueblo (49 U.S.C. § 47102(19)).
17. Public airport. An airport used or intended to be used for public purposes that
is under the control of a public agency; and of which the area used or intended
to be used for landing, taking off, or surface maneuvering of aircraft is publicly
owned (49 U.S.C. § 47102(20)).
18. Public-use airport. An airport used or intended to be used for public purposes,
and of which the area used or intended to be used for landing, taking off, or
surface maneuvering of aircraft may be under the control of a public agency or
privately owned and used for public purposes (49 U.S.C. § 47102(21)).
19. Putrescible waste. Solid waste that contains organic matter capable of being
decomposed by micro-organisms and of such a character and proportion as to
be capable of attracting or providing food for birds (40 CFR §257.3-8).
20. Putrescible-waste disposal operation. Landfills, garbage dumps, underwater
waste discharges, or similar facilities where activities include processing,
burying, storing, or otherwise disposing of putrescible material, trash, and
refuse.
21. Retention ponds. Storm water management ponds that hold water for several
months.
22. Runway protection zone (RPZ). An area off the runway end to enhance the
protection of people and property on the ground (see AC 150/5300-13). The
dimensions of this zone vary with the airport design, aircraft, type of operation,
and visibility minimum.
23. Scheduled air carrier operation. Any common carriage passenger-carrying
operation for compensation or hire conducted by an air carrier or commercial
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operator for which the air carrier, commercial operator, or their representative
offers in advance the departure location, departure time, and arrival location. It
does not include any operation that is conducted as a supplemental operation
under 14 CFR Part 119 or as a public charter operation under 14 CFR Part 380
(14 CFR § 119.3).
24. Sewage sludge. Any solid, semi-solid, or liquid residue generated during the
treatment of domestic sewage in a treatment works. Sewage sludge includes,
but is not limited to, domestic septage; scum or solids removed in primary,
secondary, or advanced wastewater treatment process; and a material derived
from sewage sludge. Sewage does not include ash generated during the firing
of sewage sludge in a sewage sludge incinerator or grit and screenings
generated during preliminary treatment of domestic sewage in a treatment
works. (40 CFR 257.2)
25. Sludge. Any solid, semi-solid, or liquid waste generated form a municipal,
commercial or industrial wastewater treatment plant, water supply treatment
plant, or air pollution control facility or any other such waste having similar
characteristics and effect. (40 CFR 257.2)
26. Solid waste. Any garbage, refuse, sludge, from a waste treatment plant, water
supply treatment plant or air pollution control facility and other discarded
material, including, solid liquid, semisolid, or contained gaseous material
resulting from industrial, commercial, mining, and agricultural operations, and
from community activities, but does not include solid or dissolved materials in
domestic sewage, or solid or dissolved material in irrigation return flows or
industrial discharges which are point sources subject to permits under section
402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or
source, special nuclear, or by product material as defined by the Atomic Energy
Act of 1954, as amended, (68 Stat. 923). (40 CFR 257.2)
27. Turbine-powered aircraft. Aircraft powered by turbine engines including
turbojets and turboprops but excluding turbo-shaft rotary-wing aircraft.
28. Turbine-use airport. Any airport that sells Jet-A fuel for fixed-wing turbine-
powered aircraft.
29. Wastewater treatment facility. Any devices and/or systems used to store,
treat, recycle, or reclaim municipal sewage or liquid industrial wastes, including
Publicly Owned Treatment Works (POTW), as defined by Section 212 of the
Federal Water Pollution Control Act (P.L. 92-500) as amended by the Clean
Water Act of 1977 (P.L. 95-576) and the Water Quality Act of 1987 (P.L. 100-4).
This definition includes any pretreatment involving the reduction of the amount
of pollutants, the elimination of pollutants, or the alteration of the nature of
pollutant properties in wastewater prior to or in lieu of discharging or otherwise
introducing such pollutants into a POTW. (See 40 CFR Section 403.3 (q), (r), &
(s)).
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30. Wildlife. Any wild animal, including without limitation any wild mammal, bird,
reptile, fish, amphibian, mollusk, crustacean, arthropod, coelenterate, or other
invertebrate, including any part, product, egg, or offspring thereof
(50 CFR 10.12, Taking, Possession, Transportation, Sale, Purchase, Barter,
Exportation, and Importation of Wildlife and Plants). As used in this AC, wildlife
includes feral animals and domestic animals out of the control of their owners
(14 CFR Part 139, Certification of Airports).
31. Wildlife attractants. Any human-made structure, land-use practice, or human-
made or natural geographic feature that can attract or sustain hazardous
wildlife within the landing or departure airspace or the airport’s AOA. These
attractants can include architectural features, landscaping, waste disposal sites,
wastewater treatment facilities, agricultural or aquaculture activities, surface
mining, or wetlands.
32. Wildlife hazard. A potential for a damaging aircraft collision with wildlife on or
near an airport.
33. Wildlife strike. A wildlife strike is deemed to have occurred when:
a. A pilot reports striking 1 or more birds or other wildlife;
b. Aircraft maintenance personnel identify aircraft damage as having been
caused by a wildlife strike;
c. Personnel on the ground report seeing an aircraft strike 1 or more birds or
other wildlife;
d. Bird or other wildlife remains, whether in whole or in part, are found within
200 feet of a runway centerline, unless another reason for the animal's
death is identified;
e. The animal's presence on the airport had a significant negative effect on a
flight (i.e., aborted takeoff, aborted landing, high-speed emergency stop,
aircraft left pavement area to avoid collision with animal) (Transport
Canada, Airports Group, Wildlife Control Procedures Manual, Technical
Publication 11500E, 1994).
2. RESERVED.
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Page 20-1
Chapter 20. Compatible Land Use and Airspace Protection
20.1. Background. Land use planning is an important tool in ensuring that land adjacent to, or
in the immediate vicinity of, the airport is consistent with activities and purposes compatible
with normal airport operations, including aircraft landing and takeoff. Ensuring compatible land
use near federally obligated airports is an important responsibility and an issue of federal
interest. In effect since 1964, Grant Assurance 21, Compatible Land Use, implementing Title 49
United States Code (U.S.C.) § 47107 (a) (10), requires, in part, that the sponsor:
“…take appropriate action, to the extent reasonable, including the adoption of
zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of
the airport to activities and purposes compatible with normal airport operations,
including landing and takeoff of aircraft. In addition, if the project is for noise
compatibility program implementation, it will not cause or permit any change in
land use, within its jurisdiction, that will reduce its compatibility, with respect to
the airport, of the noise compatibility program measures upon which federal
funds have been expended.”
Incompatible land use at or near airports may result in the creation of hazards to air navigation
and reductions in airport utility resulting from obstructions to flight paths or noise-related
incompatible land use resulting from residential construction too close to the airport.
Airports present a variety of unique challenges to those involved in community planning. Height
restrictions are necessary in the vicinity of airports and airways for the protection of aircraft in
flight. Residential housing and other land uses near airports must remain compatible with
airports and the airport approach/departure corridors. Additional concerns include the airport’s
proximity to landfills and wetlands that may result in hazards to air navigation created by flocks
of birds attracted to the landfills or wetlands. Unusual lighting in the approach area to an airport
can create a visual hazard for pilots. Also, land uses that obscure visibility by creating smoke or
steam may be hazardous to flight. Each of these concerns must be addressed in community
planning in order to maintain the safety of flight as well as the quality of life expected by
community residents.
As communities continue to grow, areas that once were rural in nature can quickly become
urbanized. A result of “urban sprawl” is the loss of open space and the resulting loss of airports
and/or their utility. Many communities have relied upon their airports as an economic engine.
Proximity of industrial parks and recreational areas has proven not only to be compatible, but to
be mutually beneficial as well. Some communities have used the resources of an airport to
contribute to the quality of life for the local community.
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In addition to the basic economic
value of the airport, the
preservation of open space and
the ability to accommodate
emergency medical airlifts are
specific examples of this
contribution to the community.
Increases in air travel are placing
an increasing demand on the
nation’s airports. Environmental
concerns and cost may prohibit
the establishment of new
airports. This means that to
accommodate air traffic demand,
maximum utility must be
achieved from existing airports.
For this to happen, the land use
in the vicinity of airports must be
reserved for compatible uses.
Grant Assurance 21, Compatible
Land Use, relates to the
obligation of the airport sponsor
to take appropriate actions to
zone and control existing and
planned land uses to make them
compatible with aircraft
operations at the airport. The
FAA recognizes that not all
airport sponsors have direct jurisdictional control over uses of property near the airport.
However, for the purpose of evaluating airport sponsor compliance with the compatible land use
assurance, the FAA does not consider a sponsor’s lack of direct authority as a reason for the
sponsor to decline to take any action at all to achieve land use compatibility outside the airport
boundaries.
In all cases, the FAA expects a sponsor to take appropriate actions to the extent reasonably
possible to minimize incompatible land. Quite often, airport sponsors have a voice in the affairs
of the community where an incompatible development is located or proposed. The sponsor
should make an effort to ensure proper zoning or other land use controls are in place.
20.2. Zoning and Land Use Planning.
a. Description. Zoning is an effective method of meeting the federal obligation to ensure
compatible land use and to protect airport approaches. Generally, zoning is a matter within the
authority of state and local governments. Where the sponsor does have authority to zone or
control land use, FAA expects the sponsor to zone and use other measures to restrict the use of
Incompatible land use is one of the most serious problems affecting
aviation today. (Above is an aerial view of residential development
near the Lancaster Airport in Pennsylvania.) Zoning ordinances
should be reviewed to determine what uses are currently permitted
around the airport and to find out if there have been any recent
changes in zoning. It is important that local land use planners
become involved in the airport’s master planning process by
providing input on the potential impacts that future airport
development plans may have on their communities. Coordination
between the airport and the zoning entities is extremely important to
achieve a successful cohabitation between airport and community.
(Photo: FAA)
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Page 20-3
land in the vicinity of the airport to activities and purposes compatible with normal aircraft
operations. Restricting residential development near the airport is essential in order to avoid
noise-related problems.
Sponsors and local communities should consider adopting adequate guidelines and zoning laws
that consider noise impacts in land use planning and development. Similarly, any airport sponsor
that has the authority to adopt ordinances restricting incompatible land development and limiting
the height of structures in airport approaches according to the standards prescribed in 14 Code of
Federal Regulations (CFR) Part 77, Objects Affecting Navigable Airspace, is generally expected
to use that authority.
b. Guidance. There are a number of sources that can assist an airport sponsor in dealing with
noise, obstructions, and other incompatible land uses. Some of these are:
(1). A Model Zoning Ordinance to Limit Height of Objects Around Airports, Advisory Circular
(AC) 150/5190-4A.
(2). Citizen Participation in Airport Planning, AC 150/5050-4.
(3). Guidelines for Considering Noise in Land Use Planning and Control, Federal Interagency
Committee on Urban Noise, June 1980.
(4). Hazardous Wildlife Attractants on or Near Airports, AC 150/5200-33B, August 28, 2007.
(5). Noise Control Planning, FAA Order 1050.11A, January 13, 1986.
(6). Noise Control and Compatibility Planning for Airports, AC 150/5020-1.
(7). Federal and State Coordination of Environmental Reviews for Airport Improvement
Projects. (RTF format) – Joint Review by Federal Aviation Administration and National
Association of State Aviation Officials (NASAO), issued March 2002.
(8). Land Use Compatibility and Airports, a Guide for Effective Land Use Planning (PDF
format), issued by the FAA Office of Environment and Energy.
(9). Compatible Land Use Planning Initiative (PDF format), 63 Fed. Reg. 27876, May 21, 1998.
(10). Draft Aviation Noise Abatement Policy 2000 (PDF format) 65 Fed. Reg. 43802,
July 14, 2000.
(11). Airport Noise Compatibility Planning Toolkit – FAA’s Initiative for Airport Noise and
Compatibility Planning, issued by the FAA Office of Environment and Energy.
c. Master Planning and Zoning. The airport master planning process provides a means to
promote land use compatibility around an airport. Incompatible land uses around an airport can
affect the safe and efficient operation of aircraft. Within an airport’s noise impact areas,
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residential and public facilities – such as schools, churches, public health facilities, and concert
halls – are sensitive to high noise levels and can affect the development of the airport. Most
commercial and industrial uses, especially those associated with the airport, are compatible with
airports. An airport master plan is a published document approved by the governmental agency
or authority that owns/operates the airport. The airport master plan should be incorporated into
local comprehensive land use plans and used by local land use planners and airport planners to
evaluate new development within the airport environs. Integration of airport master plans and
comprehensive land use plans begins during the development of the master plan. Local
municipalities surrounding the airport boundaries must be contacted to collect information on
existing land uses in and around airports. Local comprehensive land use plans are also reviewed
to determine the types of land uses planned for the future.
Additionally, sponsors should monitor local zoning ordinances to determine what uses are
currently permitted around the airport and whether there have been any recent changes in zoning.
It is important for local land use planners to become involved in the review and development of
the airport’s master planning process. They can provide input on potential impacts that future
airport development plans may have on communities surrounding the airport. Any conflicts or
inconsistencies between airport development plans and the local comprehensive plans should be
noted in the airport master plan. The information on future airport expansion and development
contained in the airport’s master plan should be incorporated in the development of
comprehensive land use plans or their subsequent updates or amendments to ensure land use
compatibility with the airport. During the development of such plans, planners should
coordinate and consult with the airport staff so that the airport’s future plans for expansion can
be taken into consideration. Local land use planners should review the airport’s master plan to
determine how future airport projects could affect existing and projected land uses around the
airport. Other opportunities for coordination and communication between the airport and local
planning agencies include the FAA noise compatibility planning process. (See chapter 13 of this
Order, Airport Noise and Access Restrictions, for information on aircraft noise compatibility
planning.)
Noise compatibility studies provide opportunities for input from airport users, local
municipalities, communities, private citizens, and the airport sponsor on recommended
operational measures and land use control measures that could minimize or prohibit the
development or continuation of incompatible land uses. The airport master plan is also a tool to
ensure that planning among federal, state, regional, and local agencies is coordinated. The
incorporation and review of these plans provides for the orderly development of air
transportation while protecting the public health, safety, and welfare. The legal structure of
airport ownership will determine its power to regulate or influence land uses around the airport.
Municipalities or counties with this regulatory authority need to be aware of existing and long-
term airport development plans and the importance of using that authority to minimize
development of incompatible land uses.
d. Reasonable Attempt. In cases where the airport sponsor does not have the authority to enact
zoning ordinances, it should demonstrate a reasonable attempt to inform surrounding
municipalities on the need for land use compatibility zoning. The sponsor can accomplish this
through the dissemination of information, education, or ongoing communication with
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surrounding municipalities. Depending upon the sponsor’s capabilities and authority, action
could include exercising zoning authority as granted under state law or engaging in active
representation and defense of the airport’s interests before the pertinent zoning authorities. The
sponsor may also take action with respect to implementing sound insulation, land acquisition,
purchase of easements, and real estate disclosure programs or initiatives to mitigate areas to
make them compatible with aircraft operations. Sponsors without zoning authority may also
work to change zoning laws to protect airport interests.
e. Definition of Compatible Land Use. Compatibility of land use is attained when the use of
adjacent property neither adversely affects flight operations from the airport nor is itself
adversely affected by such flight operations. In most cases, the adverse effect of flight
operations on adjacent land results from exposure of noise sensitive development, such as
residential areas, to aircraft noise and vibration. Land use that adversely affects flight operations
is that which creates or contributes to a flight hazard. For example, any land use that might
allow tall structures, block the line of sight from the control tower to all parts of the airfield,
inhibit pilot visibility (such as glaring lights, smoke, etc.), produce electronic aberrations in
navigational guidance systems, or that would tend to attract birds would be considered an
incompatible land use. For instance, under certain circumstances, an exposed landfill may attract
birds. If open incineration is regularly permitted, it can also create a smoke hazard.
f. Definition of Concurrent Land Use. In some cases, concurrent land use can be an
appropriate compatible land use. Concurrent land use means that the land can be used for more
than one purpose at the same time. For example, portions of land needed for clear zone purposes
could also be used for agriculture purposes at the same time, which would be consistent with
Grant Assurance 21, Compatible Land Use.
g. Pre-existing Obstructions. (1) Historically, some airports were developed at locations
where preexisting structures or natural terrain (for example, hilltops) would constitute an
obstruction by currently applicable standards. If such obstructions were not required to be
removed as a condition for a grant agreement, the execution of the agreement by the government
constitutes a recognition that the removal was not reasonably within the power of the sponsor.
(2) There are many former military airports that were acquired as public airports under the
Surplus Property Act, where the existence of obstructions at the time of development was
considered acceptable. At such airports where obstructions in the approach cannot feasibly be
removed, relocated, or lowered, and where FAA has determined them to be a hazard,
consideration may be given to the displacement or relocation of the threshold.
20.3. Residential Use of Land on or Near Airport Property.
a. General. The general rule on residential use of land on or near airport property is that it is
incompatible with airport operations because of the impact of aircraft noise and, in some cases,
for reasons of safety, depending on the location of the property. Nonetheless, the FAA has
received proposals to locate residences immediately adjacent to airport property or even on the
airport itself, as part of “airpark” developments. “Airpark” developments allow aircraft owners
to reside and park their aircraft on the same property, with immediate access to an airfield.
Proponents of airparks argue that airparks are an exception to the general rule because aircraft
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owners will accept the impacts of living near the airport and will actually support the security
and financial viability of the airport.
b. FAA position. The FAA considers residential use by aircraft owners to be no different from
any residential use, and finds it incompatible with the operation of a public use airport. It is
common for private airparks to impose restrictions on the use of the airfield, such as night
curfews, because aircraft owners have the same interest as other homeowners in minimizing
noise and sleep disturbances at home. The FAA has no problem with such restrictions at private
unobligated airparks operated by the resident owners for their own benefit. At federally
obligated public-use airports, however, the existence of the incompatible land use is not
acceptable. First, aircraft owners are entitled to the same protection from airport impacts as any
other residents of the community. Second, the likelihood that residents of an airpark will seek
restrictions on the use of the airport for the benefit of their residential use is very high, whether
or not they own aircraft. A federally obligated airport must provide reasonable access to all
users. Restrictions on the use of the airport for the benefit of airpark residents is not consistent
with the obligation to provide reasonable access to the public.
c. On-airport and off-airport residential use. The general policy against approval of on-
airport and off-airport residential proposals is the same. There are, however, different
considerations in the review and analysis of on-airport and off-airport land use. The FAA has
received proposals for airparks or co-located homes and hangars both on the airport itself or off
of the airport, with “through-the-fence” access.
20.4. Residential Airparks Adjacent to Federally Obligated Airports.
a. General. In several instances, the FAA has received requests from airport sponsors and
developers interested in developing residential airparks adjacent to federally obligated airports.
These types of development include “through-the-fence” access to the airport and generally
include aircraft hangars or parking co-located with individual residences.
The FAA has no problem with private residential airparks since there is no federal obligation for
reasonable access. Residential owners can limit access to the airport as they wish. However,
FAA approval of such developments on federally obligated airports cannot be justified. First,
residential property owners tend to seek to limit airport use consistent with their residential use,
which is contrary to the obligation for reasonable public access to the airport. Second,
developers can tend to view Airport Improvement Program (AIP) grants for the airfield as a
subsidy of the development, increasing the value of the airpark development at no cost to the
developer or residents. The FAA’s AIP program is not a funding mechanism for improving or
subsidizing private and residential development.
Any residential use existing on the airport or any residential use granting “through-the-fence”
access is an incompatible land use.
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Any residential use on an airport or residential use
granting “through-the-fence” access is an incompatible
land use.
b. FAA Position. Permitting development of a residential airpark near a federally obligated
airport, through zoning approval or otherwise, would be inconsistent with Grant Assurance 21,
Compatible Land Use. The FAA expects sponsors to oppose zoning laws that would permit
residential development near airports.
For this purpose, the FAA considers residential use to include: permanent or long-term living
quarters; part-time or secondary residences; and developments known as residential hangars,
hangar homes, campgrounds, fly-in communities or airpark developments – even when co-
located with an aviation hangar or aeronautical facility.
Allowing residential development on federally obligated airports is incompatible with aircraft
operations and conflicts with several grant assurance and surplus property requirements, as
mentioned above. Residential development inside federally obligated airports is inconsistent with
federal obligations regarding the use of airport property.
Accordingly, the FAA will
not support requests to
enter into any agreement
that grants access to the
airfield for the
establishment of a
residential airpark since
that access would involve
a violation of Grant
Assurance 21, Compatible
Land Use.
c. “Through-the-Fence.”
Off-airport residential
airparks are privately
owned and maintained
residential facilities. They
are not considered
aeronautical facilities
eligible for reasonable
access to a federally
obligated airport. The
airport sponsor is under no
federal obligation to allow
“through-the-fence”
access for these privately
In several instances, the FAA has received requests from airport sponsors and
developers interested in developing residential airparks adjacent to federally
obligated airports. These types of development generally include residential
hangar sites and a “through-the-fence” access to the airport. While these
types of development have taken place at some private use airports, it does not
provide the basis to justify FAA approval of such developments on federally
obligated airports. Seen here is Spruce Creek in Florida. (Photo: CAP)
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owned residential airparks. Allowing such access in most cases could be an encumbrance on the
airport in conflict with Grant Assurance 5, Preserving Rights and Powers. In addition,
residential hangars with “through-the-fence” access are considered an incompatible land use at
federally obligated public use airports. (For additional information on “through-the-fence”
agreements, see paragraph 12.7, “Agreements Granting ‘Through- the-Fence’ Access” in chapter
12 of this Order, Review of Aeronautical Lease Agreements.)
d. Releases. The FAA will not release airport property from its federal obligations so that it can
be used for residential development. Also, the FAA will not release airport land for off-airport
use with “through-the-fence” access to the airfield. Obligated airport land may not be released
unless the FAA finds that it is no longer needed for airport purposes. Since the requested off-
airport use would involve basic airport functions such as aircraft parking and taxiing, the FAA
could not find that the property was no longer needed for an airport use. A request to release
airport land for a residential airpark will be denied as inconsistent with both policies.
20.5. Residential Development on Federally Obligated Airports.
a. General. This guidance sets forth FAA policy regarding residential development on federally
obligated airports, including developments known within the industry as residential hangars and
airpark developments. FAA airports district offices (ADOs) and regional airports divisions are
responsible for ensuring that residential developments are not approved when reviewing a
proposed ALP or any other information related to the airports subject to FAA review. There is
no justification for the introduction of residential development inside a federally obligated
airport. It is the sponsor’s federal obligation not to make or permit any changes or alterations in
the airport or any of its facilities that are not in conformity with the ALP, as approved by the
FAA, and that might, in the opinion of the FAA, adversely affect the safety, utility, or efficiency
of the airport.
b. Background. The FAA differentiates between a typical pilot resting facility or crew quarters
and a hangar residence or hangar home. The FAA recognizes that certain aeronautical uses –
such as commercial air taxi, charter, and medical evacuation services – may have a need for
limited and short-term flight crew quarters for temporary use, including overnight and on-duty
times. There may be a need for aircraft rescue and fire fighting (ARFF) quarters if there is a 24-
hour coverage requirement. Moreover, an airport manager or a fixed-base operator (FBO)45
duty manager may have living quarters assigned as part of his or her official duties. Living
quarters in these cases would be airport-compatible if an airport management or FBO job
requires an official presence at the airport at off-duty times, and if the specific circumstances at
the airport reasonably justify that requirement.
However, other than the performance of official duties in running an airport or FBO, the FAA
does not consider permanent or long-term living quarters to be an acceptable use of airport
property at federally obligated airports. This includes developments known as airparks or fly-in
45 A fixed-base operator (FBO) is a commercial entity providing aeronautical services such as fueling, maintenance,
storage, ground and flight instruction, etc., to the public.
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communities, and any other full-time, part-time, or secondary residences on airport property –
even when co-located with an aviation hangar or aeronautical facility. While flight crew or
caretaker quarters may include some amenities, such as beds, showers, televisions, and
refrigerators, these facilities are designed to be used for overnights and resting periods, not as
permanent or even temporary residences for flight crews, aircraft owners or operators, guests,
customers, or the families or relatives of same.
The definition of flight crew is limited to those individuals necessary for the operation of an
aircraft, such as pilot-in-command (PIC), second in command, flight engineer, flight attendants,
loadmasters, search and rescue (SAR) flight personnel, medical technicians, and flight
mechanics. It does not include the families, relatives, or guests of flight crewmembers not
meeting the preceding definition.
An effort to obtain residential status for the development under zoning laws may indicate intent
to build for residential use. Airport standards, rules, and regulations should prevent the
introduction of residential development on federally obligated airports. The FAA expects the
airport sponsor to have rules and regulations to control or prevent such uses, as well as to oppose
residential zoning that would permit such uses since these uses may create hazards or safety risks
between airport operations and nonaeronautical tenant activities. If doubts exist regarding the
nature of a proposed facility, the airport sponsor may ask FAA to evaluate the proposed
development. Also, the FAA may conduct a land use inspection to determine the true nature of
the development; the FAA would then make a determination on whether the facility is
compatible with the guidance provided herein.
c. Authority and Compliance Requirements. Allowing residential development, including
airport hangars that incorporate living quarters for permanent or long-term use, on federally
obligated airports is incompatible with airport operations. It conflicts with several grant
assurance requirements.
Under Grant Assurance 5, Preserving Rights and Powers, an airport sponsor should not take any
action that may deprive it of its rights and powers to direct and control airport development and
comply with the grant assurances. The private interests of residents establishing private living
can conflict with the interests of the airport sponsor to preserve its rights and powers to operate
the airport in compliance with its federal obligations. It should not be assumed that the interests
of the sponsor and that of a homeowner located on the airport will be the same or that because
the homeowner owns an aircraft, he or she will automatically support the airport on all aviation
activities. In addition, local laws relating to residences could restrict the airport operator’s ability
to control use of airport land and to apply standard airport regulations.
Under Grant Assurance 19, Operation and Maintenance, airport sponsors will not cause or
permit any activity or action that would interfere with the intended use of the airport for airport
purposes. Permanent living facilities should not be permitted at public airports because the
needs of airport operations may be incompatible with residential occupancy from a safety
standpoint.
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Under Grant Assurance 21, Compatible Land Use, airport sponsors, to the extent possible, must
ensure compatible land use both on and off the airport. Residential development in the vicinity
of airports may result in complaints from residents concerned about personal safety, aircraft
noise, pollution, and other quality-of-life issues. Bringing residential development onto the
airport, even in the form of residential hangars, increases the likelihood that quality-of-life issues
may lead to conflicts with the airport sponsor and appeals for restrictions on aircraft operations.
Moreover, an airport sponsor permitting on-airport residential living quarters will have greater
difficulty convincing local zoning authorities to restrict residential development off-airport.
Therefore, airport sponsors are encouraged to:
(1). Explicitly prohibit the development of residential living quarters on the airport in all tenant
leases and subleases.
(2). Develop minimum standards that require the explicit advanced approval of all tenant
subleases by the airport sponsor.
(3). Include clauses in all tenant leases stating that unauthorized development of residential
living quarters may be declared an event of default under the lease and that the airport
sponsor may declare any noncomplying subleases null and void.
(4.) Convert any existing living quarters into nonresidential use at the earliest opportunity,
especially if the airport sponsor holds title to the living quarters.
d. Conclusion. Permitting certain on-airport development, including residential development,
conflicts with several federal grant assurances and federal surplus property obligations. Such
residential development may have some or all of the following undesirable consequences:
(1). Aircraft noise complaints.
(2). Proposed restrictions or limitations on aircraft and/or airport operations brought by the
residential tenants.
(3). The execution of easements, leases, and subleases that encumber airport property for
nonaeronautical uses at the expense of aeronautical uses.
(4). Increased likelihood of vehicle/pedestrian deviations (V/PDs) due to residents, guests, and
unsupervised children unfamiliar with an operating airfield environment; unleashed pets
roaming the airfield; and the interaction between private vehicles and aircraft that
compromise safe airfield operations.
(5). Increased public safety and legal liability risks, including fire hazards, if codes have been
compromised by the co-location of residential living quarters within hangars and other
aeronautical facilities.
(6). Line-of-sight obstructions and operational limitations due to the greater height of two-story
hangars.
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e. Summary. Residential development, either standing alone or collocated as part of a hangar
or other aeronautical facility, is not an acceptable use of airport property under the federal grant
assurances or surplus and nonsurplus property federal obligations. The ADOs and regional
airports divisions have the responsibility for ensuring that residential development is not
approved as part of a review of a proposed ALP and that airport property is not released for
residential development.
20.6. through 20.10. reserved.
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Sample Easement and Right-of-Way Grant
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Sample FAA Position Letter on Residential Airparks - Page 1
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Sample FAA Position Letter on Residential Airparks - Page 2
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