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.
** 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
.
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 "Thru 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)
.
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).