Land Takings and Zoning Implications
Fact Sheet

1.	Airports can produce substantial off-site impacts, especially noise.  Aircraft noise that disturbs residents can extend several miles off the ends of runways and beneath heavily used flight tracks.
  
2.	While successful inverse condemnation (taking without just compensation) claims for noise nuisance have been quite rare, irate citizens still can become politically powerful.  Noise concerns in communities can become severe enough to force local and state government action to attempt to limit airport development, expansion, and provision of new service.  Examples:
a.	Scottsdale Airport - intense pressure for restrictions on airport use, facility development, and activity growth.
b.	Burbank-Glendale-Pasadena Airport - withholding of rezoning of land planned for new terminal.
c.	Naples Municipal Airport - enactment of restriction on "Stage 2" business jets.
d.	Denver Stapleton - closure of airport, replacement with new airport at huge cost.

3.	Federal law (the Aviation Noise and Capacity Act of 1990) severely constrains the ability of airport operators to restrict the use of the airport at night or to particular classes of users (e.g. users with the quietest aircraft).  Nevertheless, political pressures from annoyed citizens can become severe enough to persuade local governments to deny zoning approvals for development of airport land or to push for flight operational procedures or voluntary restrictions constraining airport operations.  

4.	If a community wishes to preserve the full value of its airport as an economic development engine, it must protect it.  Ensuring land use compatibility in the airport environs is crucial to preserving the long-term viability of an airport.  Considerations: 
a.	Protecting the airspace in the immediate airport area and beneath the runway approaches, by restricting the development of tall structures.
b.	Planning and zoning for the development of compatible land uses in areas of high noise exposure and low aircraft overflights.    
c.	Avoid the development of facilities near airports that can attract large numbers of birds, e.g. landfills, processing plants in agricultural areas that might involve outdoor storage of grain or seeds. 

RESOURCES

The Federal Aviation Administration's (FAA) Office of Environment and Energy has developed a "land use compatibility toolkit."  It includes guidance and advisory documents for airports and local communities.  See www.aee.faa.gov/noise/lupitoolkit.htm.    

The FAA has published several advisory circulars relating to airport land use compatibility issues around airports.  
•	AC Number 70/7460-2J, Proposed Construction or Alteration of Objects that May Affect the Navigable Airspace, explains the requirements and criteria for notifying the FAA prior to building a tall structure.
•	AC 150/5020-1, Noise Control and Compatibility Planning For Airports, provides guidance for airport operators and local governments in developing noise compatibility plans under Federal Aviation Regulation Part 150.  
•	AC Number 150/5190-4A, A Model Zoning Ordinance to Limit Height of Objects Around Airports, includes a model ordinance and narrative explaining how it should be applied and adapted to the local setting.  
•	AC 150/5200-34, Construction or Establishment of Landfills Near Public Airports, describes the legal requirements for separating landfills from airports and the process for requesting exemptions.
FAA Advisory Circulars can be downloaded from the following website: www1.faa.gov/arp/150acs.cfm.

The California Department of Transportation, Division of Aeronautics has developed the California Airport Land Use Planning Handbook.  It provides guidance to county governments in fulfilling their statutory requirements to prepare "comprehensive airport land use plans."  Nevertheless, the Handbook provides an excellent explanation and considerable background data and analysis on a broad range of airport land use compatibility issues and would benefit planners in any state.  The document is available on the following website: www.dot.ca.gov/hq/planning/aeronaut/htmlfile/landuse.html.