AIRPORT SPONSORS ARE REQUIRED TO COMPLY WITH FEDERAL GRANT OBLIGATIONS IF FEDERAL MONEY HAS BEEN INVESTED IN THEIR AIRPORT. INFORMATION ON THIS PAGE IS INTENDED TO PROVIDE GUIDANCE TO AIRPORT SPONSORS TO ENSURE COMPLIANCE WITH FEDERAL OBLIGATIONS.Airport sponsors receiving requests to use airport property for solar projects can click the following link for guidance.
http://www.faa.gov/airports/environmental/policy_guidance/media/airport_solar_guide.pdf
** Revenues received from the sale or lease of dedicated airport property must be used in compliance with FAA Order 5190.6B and the FAA Airport Revenue Policy.
FAA overview: Complying with Obligations
MDOT Guidelines for Land Releases, Non-Aeronautical Leasing, and Use Agreements
Land Release Part 1 Checklist
FAA - Release of Airport Property
FAA Revenue Policy
FAA - AC 5190.7 (Minimum Standards for Commercial Aeronautical Activities)
Federal Register Main Page (search for land releases)
FAA Noise Land Disposal Policy
PGL 08-02: Management of Acquired Noise Land: Inventory - Reuse - Disposal
Environmental impacts need to be considered by the requesting party when preparing a land release. If a land release is approved by FAA, the purchaser must be aware of environmental responsibilities. See FAA Environmental Program for more information.
Automobile parking is not permitted in the controlled activity area of the RPZ. See changes to RPZ in AC5300-13 .
A "Through The Fence" agreement is a use agreement allowing access to airport property from non-airport adjacent land (see FAA Order 5190.6B (chapter 12) for more information). These agreements are discouraged by MDOT and FAA as they can create a problem controlling aviation activities on or near the airport. However, FAA recognizes the advantages to offering a variety of proposals to prospective tenants and therefore provides guidance in FAA Order 5190.6B . Please note: granting of Exclusive Rights is prohibited at federally obligated airports. See FAA Order 5190.6B (chapter 8). New residential through the fence agreements (often called hangar homes) are currently prohibited. Please click here for information on existing residential through the fence (RTTF) agreements and the interim FAA policy on these agreements. PLEASE NOTE: costs associated with residential through the fence access plans developed outside the master planning process are not AIP eligible. Sponsors may use non-primary entitlements to produce a RTTF access plan (documentation/report) in conjunction with the RTTF access plan ALP update (drawings).
A "concurrent use" is the use of dedicated airport property for a compatible non-aviation activity while at the same time the property serves the primary purpose for which it was acquired. Examples of a concurrent use are road right of way easements, utility easements, and agricultural uses (see FAA Order 5190.6B for more information).
***All approved concurrent uses require clauses to be included in the easement, lease, or agreement. These clauses can be found be found here: http://www.michigan.gov/documents/aero/concurrent-use_clauses_283820_7.doc.
A written request from the airport sponsor to designate airport property as a "concurrent use" can be submitted prior to submitting a land release request. The request must include the preliminary Part 1 Checklist found in the MDOT Guidelines for Land Releases, Non-Aeronautical Leasing, and Use Agreements in order to identify the area where the concurrent use will reside on airport property. If approved and accepted as a concurrent use, the property does not require a land release. If not approved, the request will be processed as a land release (Part 1) as described in the above Guidelines for Land Releases. In either case, the Exhibit "A" property map must be updated to identify either the concurrent use or land release.
***Unless approved by MDOT or FAA, all land releases and concurrent uses require Fair Market Value established by an appraisal (see FAA order 5190.6B - airport compliance). Per FAA Order 5190.6b, chapter 22, page 22-13 par (d): Appraisal waivers for land releases and concurrent uses may be approved if (a) The approximate fair market or salvage value of the property released is less than $25,000, or (b) The property released is a utility system to be sold to a utility company and will accommodate the continued airport use and operational requirements, or (c) It would be in the public interest to require public advertising and sale to the highest responsible bidder in lieu of appraisals (auction).