Obstruction removal program

Federal Aviation Administration (FAA) regulations require FKS to address airspace hazards to ensure that the runways and the airport remain safe for the public and surrounding property owners. The FAA has exclusive jurisdiction over airspace and thus has implemented laws to ensure the protection for both those in the air and on the ground. These laws are commonly known as “Part 77” surfaces as they are defined in 14 CFR Part 77 – Safe, Efficient Use and Preservation of the Navigable Airspace. 

In addition to the federal laws discussed above, State of Michigan law also recognizes the importance of protecting these surfaces. Since 1996, Michigan law has required airport host cities, townships or counties to establish, implement and enforce airport zoning overlays. Airport zoning overlays are designed to prevent obstructions such as trees by limiting the heights of structures around airports within the Part 77 surfaces. Despite this State law requirement, few of the airport host cities, townships or counties have implemented effective airport zoning overlays. 

An avigation easement is a legal property right for FKS to remove existing obstructing trees and to ensure prevention of future obstructions. The negotiation of an avigation easement is conducted via an FAA-regulated process which includes the payment of fair market value to the property owner. The FAA easement program is the next step since the city, township or county zoning overlays failed to prevent the obstructions. If FKS is unable to obtain the easements through this FAA process, it must use other measures to mitigate the hazard including possibly utilizing State of Michigan Department of Transportation (MDOT) to exercise eminent domain for the easements via the process allowed under State law.