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Airport/Land Use Compatibility Planning – Vision 100 Jacqueline Sweatt-Essick FAA – Airports Division 29th Annual Airport Conference Hershey, PA – March 1, 2006
Vision 100 Century • Congress passed the Vision 100 legislation, October, 2003. • Title I – Airport and Airway Improvements • Section 160 – Compatible land use planning and projects by State and local governments
Section 160 – Compatible Land Use Planning • Authorizes the Secretary to make grants from noise set-aside Airport Improvement Program (“AIP”) funds to States and units of local governments for compatible land use planning and projects around large and medium hub airports.
Section 160 – Compatible Land Use Planning • Only those large and medium hub airports that have either never submitted a noise compatibility program or have not updated a program within the preceding ten years can participate. • These grants are limited to fiscal years 2004 through 2007.
Section 160 – Compatible Land Use Planning • Eligibility – In order to receive a grant under this section, a State or unit of local government must: 1) have the authority to plan and adopt land use control measures, including zoning, in the planning area in and around a large or medium hub airport
Section 160 – Compatible Land Use Planning Eligibility continued: 2) enter into an agreement with the airport owner or operator that the development of the land use compatibility plan will be done cooperatively; and 3) provide written assurances to the Secretary that it will achieve to the extent possible, compatible land uses consistent with Federal land use compatibility criteria.
Section 160 – Compatible Land Use Planning Assurances – The Secretary shall require a State or unit of local government that is issued an AIP grant for a land use plan or a project resulting from such plan to provide: 1) Assurance that the plan is reasonably consistent, reduces existing noncompatible land uses and prevents introduction of new noncompatible land uses;
Section 160 – Compatible Land Use Planning Assurances continued… 2) Assurance that the plan includes measures to achieve and maintain compatible land uses, including zoning, building codes and other land use compatibility measures within the authority of the State or unit of local government to implement.
Section 160 – Compatible Land Use Planning Assurances continued… 3) Assurance that the State or unit of local government uses noise contours provided by the airport operator that are consistent with the airport operation and planning, including any noise abatement measures adopted by the airport operator.
Section 160 – Compatible Land Use Planning Assurances continued…. 4)Assurance that the plan does not duplicate and is not inconsistent with, the airport operator’s noise compatibility measures for the same geographic area; and 5) Assurance that plan has been approved by the airport owner and the State or unit of local government,
Section 160 – Compatible Land Use Planning Guidelines: 1)The Secretary shall establish guidelines to administer this section. 2)The Secretary may require a State or unit of local government that receives an AIP grant to provide progress reports and other information as necessary.
FAA Guidance for Compatible Land Use Planning by State and Local Governments
FAA Guidance for Compatible Land Use Planning FAA’s guidance covers the following: 1) The planning application process. 2) The information and documents required to be submitted to the FAA. 3) FAA’s approval process for the planning applications. .
FAA Guidance for Compatible Land Use Planning continued… 4) Developing the compatible land use plan. 5) Filing the completed plan for FAA action.
The Application Process Information required: Planning grant application information (Paragraph 412 of AIP Handbook 5100.38B) 1) Signed written agreement between the airport owner and local government.
The Application Process cont’d 2) Noise contours provided by the airport operator. 3) Noise contours must be certified by the airport operator to be current conditions. 4) Two sets of grant assurances – Planning Agency Assurances and Noise Compatibility Assurances for Non-Airport Sponsors must be submitted.
The Application Process cont’d 5) Meet with Environmental Specialist in the region or Airports District Offices to discuss the assurances, special conditions and the Federal funding process with the nonfederal government applicant.
The Land Use Compatibility Plan 1) Land use control measures should be consistent with Federal land use compatibility criteria. 2) Compatible land uses will be maintained. 3) Should disclose the existing noise mitigation and noise abatement measures in place at the airport.
The Land Use Compatibility Plan cont’d 4) Provide opportunity for public to review and comment on the draft plan. 5) Evidence of public involvement should be included in the final plan prior to submission to FAA. .
Land Use Compatibility Plan cont’d 6) Final plan should identify measures the local government proposes to enact, with or without Federal funding. 7) Anticipated cost of implementation and the anticipated time frame to implement and complete the plan.
Filing the Completed Plan 1) The local government must submit three copies of the completed plan to the region. 2) One copy goes to the ADO, Regional Office and the airport owner. 3) FAA will accept the plan after it meets development criteria.
Funding of Measures 1) No further FAA action is required if the local government has not requested Federal funds. 2) Local government has to submit a capital improvement plan (CIP) including FAA-accepted land use plan measures and the year(s) Federal funding is anticipated.
Funding Measures cont’d 3) CIP should be submitted at the same time it submits the land use plan to the FAA for acceptance. 4) If measures are eligible for Federal aid, then the plan should be carried out using the current application approval process for noise compatibility projects approved under Part 150.
Airport Sponsor’s Part 150 Process 1) Airport owner may decide to develop or update a noise compatibility program (NCP) pursuant to Part 150. 2) The airport owner or operator’s NCP should describe, but need not evaluate mitigation measures in the nonfederal government’s plan.
Contact: Jackie Sweatt-Essick Environmental Program Manager FAA – Airports Division – Southern Region (404) 305-6726 Email: Jackie.SweattEssick@faa.gov