By Sandra Gaither
Aviation Division
The first set of compliance terms and conditions that this article will address is the airport sponsor’s obligation to establish and maintain ownership and control of the airport property.
If your airport has ever been improved through state or federal grant funds, these contractual obligations were created in the “Sponsor’s Assurances,” which were explained in our last Wingtips issue. They may also have been created, if a public sponsor accepted a transfer or release from the United States government. Many of our public aviation facilities were returned to various local communities as part of the Surplus Property Act after World War II. Although some of these documents vary in their exact terms, there are common obligations for which the airport owner/sponsor is responsible.
The sponsor will use its powers to prevent any construction or use of the land within and outside the boundaries of the airport, which would constitute a hazard to the landing, taking off, or maneuvering of aircraft or otherwise limit the usefulness of the airport. This may be accomplished by establishing areas of specific land use within the airport boundaries, enforcing rights granted to the airport sponsor in easements adjacent to airport property, adopting and utilizing hazard zoning around the airport, and adopting and utilizing comprehensive land use policies within the community including the airport.
The building areas and non-aviation facilities of the airport will be used for or improved only in such a manner which does not interfere with the efficient operation of the landing area and airport facilities. This may be accomplished by adopting minimum standards for development, adhering to the development identified on an approved Airport Layout Plan (ALP) and coordinating proposed development with the TxDOT Aviation Division.
No property will be designated and/or used for other than for aviation purposes, leased, sold or disposed of without state and federal approval. To support this requirement, each airport is required to have an Airport Property Map, also referred to as the Exhibit “A” Property Map, as part of the ALP. This map delineates all property owned by the Sponsor which has been dedicated as airport property. It describes whether the property was conveyed from the federal government, donated to the sponsor, acquired with grant funds, or purchased solely with local funds. This visual representation supports the requirement that the sponsor holds good title to the airport and describes the property rights that the sponsor holds in each tract of land making up the airport.
Along with specific obligations created through grants contracts or conveyance of property rights, once land is identified on the Exhibit “A” as airport property the Sponsor may not thereafter dispose of or use this land for “other than aeronautical” purposes without state and FAA consent.
Our next article on Airport Compliance Matters will cover the process and requirements for requesting approval for a change of use of airport property from aeronautical to non-aeronautical and requesting approval for the sale of airport property.
