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Airport Property Land Use

Land Use Compliance

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.

Concurrent Use Agreements

  • 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 specific clauses to be included in the easement, lease, or agreement document.
  • 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 denied, 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). For federal surplus property (14 CFR PART 155), 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).
  • FAA Federal Revenue Policy (final policy), "the lease of airport property to a unit of the sponsoring government for nonaeronautical use at less than fair market value is considered a prohibited revenue diversion unless one of the specific exceptions permitting below-market rental rates applies".  The community use provision of the Final Policy "does not apply to airport property used by a department or subsidiary agency of the sponsoring government seeking an alternative site for the sponsor's general governmental purposes at less than commercial value."

Through the Fence

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.

Note: Granting of Exclusive Rights is prohibited at federally obligated airports. See FAA Order 5190.6B (chapter 8). FAA has released their final policy on residential through the fence access which is included with the residential through the fence toolkit.

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).