[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR256.9]

[Page 601]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 256_AIR INSTALLATIONS COMPATIBLE USE ZONES--Table of Contents
 
Sec. 256.9  Real estate interests to be considered for clear zones and 

accident potential zone.

    (a) The right to make low and frequent flights over said land and to 
generate noises associated with:
    (1) Aircraft in flight, whether or not while directly over said 
land,
    (2) Aircraft and aircraft engines operating on the ground at said 
base, and,
    (3) Aircraft engine test/stand/cell operations at said base.
    (b) The right to regulate or prohibit the release into the air of 
any substance which would impair the visibility or otherwise interfere 
with the operations of aircraft, such as, but not limited to, steam, 
dust and smoke.
    (c) The right to regulate or prohibit light emissions, either direct 
or indirect (reflective), which might interfere with pilot vision.
    (d) The right to prohibit electrical emissions which would interfere 
with aircraft and aircraft communications systems or aircraft 
navigational equipment.
    (e) The right to prohibit any use of the land which would 
unnecessarily attract birds or waterfowl, such as, but not limited to, 
operation of sanitary landfills, maintenance of feeding stations or the 
growing of certain types of vegetation attractive to birds or waterfowl.
    (f) The right to prohibit and remove any buildings or other non-
frangible structures.
    (g) The right to top, cut to ground level, and to remove trees, 
shrubs, brush or other forms of obstruction which the installation 
commander determines might interfere with the operation of aircraft, 
including emergency landings.
    (h) The right of ingress and egress upon, over and across said land 
for the purpose of exercising the rights set forth herein.
    (i) The right to post signs on said land indicating the nature and 
extent of the Government's control over said land.
    (j) The right to prohibit land uses other than the following:
    (1) Agriculture.
    (2) Livestock grazing.
    (3) Permanent open space.
    (4) Existing water areas.
    (5) Rights of way for fenced two lane highways, without sidewalks or 
bicycle trails and single track railroads.
    (6) Communications and utilities rights of way, provided all 
facilities are at or below grade.
    (k) The right to prohibit entry of persons onto the land except in 
connection with activities authorized under paragraphs (a), (b), (c), 
and (f) of this section.
    (l) The right to disapprove land uses not in accordance with Sec. 
256.8.
    (m) The right to control the height of structures to insure that 
they do not become a hazard to flight.
    (n) The right to install airfield lighting and navigational aids.