[Code of Federal Regulations]

[Title 14, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR151.11]



[Page 91-92]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 

                               (CONTINUED)

 

PART 151_FEDERAL AID TO AIRPORTS--Table of Contents

 

                     Subpart A_General Requirements

 

Sec. 151.11  Runway clear zones; requirements.



    (a) In projects involving grants-in-aid under the Federal-aid 

Airport Program, a sponsor must own, acquire, or agree to acquire an 

adequate property interest in runway clear zone areas as prescribed in 

paragraph (b), (c), (d), or (e) of this section, as applicable. Property 

interests that a sponsor acquires to meet the requirements of this 

section are eligible for inclusion in the Program.

    (b) On new airports, the sponsor must own, acquire, or agree to 

acquire adequate property interests in runway clear zone areas (in 

connection with initial land acquisition) for all eligible runways or 

landing strips, without substantial deviation from standard 

configuration and length.

    (c) On existing airports where new runways or landing strips are 

developed, the sponsor must own, acquire, or agree to acquire adequate 

property interests in runway clear zone areas for each runway and 

landing strip to be developed or extended, to the extent that the 

Administrator determines practical and feasible considering all facts 

presented by the airport owner or operator, preferably without 

substantial deviation from standard configuration and length.

    (d) On existing airports where improvements are made to runways or



[[Page 92]]



landing strips, the sponsor must own, acquire, or agree to acquire 

adequate property interests in runway clear zone areas for each runway 

or landing strip that is to be improved to the extent that the 

Administrator determines is practical and feasible with regard to 

standard configuration, length, and property interests, considering all 

facts presented by the airport owner or operator. Any development that 

improves a specific runway or landing strip is considered to be a runway 

improvement, including runway lighting and the developing or lighting of 

taxiways serving a runway.

    (e) On existing airports where substantial improvements are made 

that do not benefit a specific runway or landing strip, such as overall 

grading or drainage, terminal area or building developments, the sponsor 

must own, acquire, or agree to acquire adequate property interests in 

runway clear zone areas for the dominant runway or landing strip to the 

extent that the Administrator determines is practical and feasible, with 

regard to standard configuration, length, and property interests, 

considering all facts presented by the airport owner or operator.

    (f) If a sponsor or other public agency shows that it is legally 

able to prevent the future erection or creation of obstructions in the 

runway clear zone area, and adopts protective measures to prohibit their 

future erection or creation, that showing is acceptable for the purposes 

of paragraphs (d) and (e) of this section in place of an adequate 

property interest (except for rights required for removing existing 

obstructions). In such a case, there must be an agreement between the 

FAA and the sponsor for removing or marking or lighting (to be 

determined in each case) any existing obstruction to air navigation In 

each case, the sponsor must furnish information as to the specific 

height limitations established and as to the current and foreseeable 

future use of the property to which they apply. The information must 

include an acceptable legal opinion of the validity of the measures 

adopted, including a conclusion that the height limitations are not 

unreasonable in view of current and foreseeable future use of the 

property, and are a reasonable exercise of the police power, together 

with the reasons or basis supporting the opinion.

    (g) The authority exercised by the Administrator under paragraphs 

(b), (c), (d), and (e) of this section to allow a deviation from, or the 

extent of conformity to, standard configuration or length of runway 

clear zones, or to determine the adequacy of property interests therein, 

is also exercised by Regional Directors.



[Doc. No. 1329, 27 FR 12350, Dec. 13, 1962, as amended by Amdt. 151-22, 

33 FR 8267, June 4, 1968; Amdt. 151-25, 33 FR 14535, Sept. 27, 1968]