By Jim Cummins
This installment of airport compliance deals with non-aeronautical use of obligated airport property and through-the-fence activities.
All airport property identified in a sponsor’s certificate of land title or shown on an approved airport layout plan as being airport property is obligated under the terms of various airport improvement grants to be operated solely as aeronautical use, unless an exception is granted in writing by the TxDOT Aviation Division or the FAA. Some areas on large surplus property airports may have been designated as non-aeronautical or revenue producing at the time the property was transferred from the U.S. government. With proper justification, additional tracts on these surplus property airports, as well as areas on other obligated airports, can be reviewed and considered for release from the aeronautical use only requirements. Changes from one type of non-aeronautical use to another also require review and approval.
To be considered for release or change in use, several hurdles must be cleared. First, as usual, a written request must be submitted. This request should give as many details as possible. Obviously we need to know why the release is requested and how the property requested for release will be used. If it is determined that nonaeronautical use prohibitions on certain tracts can be waived, such change in status will usually be conditioned to require financial compensation to the airport fund.
Through-the-fence (TTF) is a term used to describe the activities of an individual or business operating from adjacent property then entering and using the airport property. Such TTF activities usually detract from the safety of an airport. The most obvious example would be aircraft entering the runways or taxiing areas at points not normally anticipated by other airport users. Furthermore, being located off airport property usually means these operations are beyond the oversight of the airport management pertaining to things such as fire safety, design standards, and aircraft movement. Aviation businesses located on adjacent 10 privately-owned property can often operate at a lower cost than similar on-airport businesses giving the TTF operation a distinct economic advantage. Normally, a person or business leases a portion of airport property and builds a hangar or other building. At the end of the lease term, the leased property plus these hangars and buildings revert to the airport sponsor. This allows the airport property to increase in value and is a way for the sponsor to recoup some of the expense of operating and maintaining the airport. A TTF operation would benefit the adjacent property owner but not necessarily the airport. There are four main things we look at when considering TTF requests: (1) will the safety of the airport be adversely affected, (2) is there sufficient room available on the airport to reasonably accommodate the request, (3) will the airport benefit, and (4) will the TTF operator enjoy an economic advantage?
Both non-aeronautical use and TTF activities are discouraged but not absolutely prohibited. Either can be successfully requested but the necessary justification and review process is usually a long, drawn out affair. It is the responsibility of the party requesting these activities to successfully justify their requests.
