LAND USE COMPATIBILITY AND FKS

The FCCAA is responsible for the development of information to support those involved in implementing actions to enhance airport and off-airport land use compatibility. Airport management is also responsible for the establishment of controls to reduce noise impacts, the development of on-airport facilities in a manner which reduces the interaction with wildlife, and the dissemination of information related to the growth of the airport and its relationship to the local economy. 

Local land use planners and elected officials are responsible for local land use zoning and control.  These entities and individuals are responsible for preparation of comprehensive plans, and reviewing and implementing zoning and land use regulations in a manner that considers the effects related to FKS facilities and aviation activity.  These responsibilities include paying particular attention to noise impact mitigation, tall structure location, and wildlife interaction with aviation activity in addition to other infrastructure interface considerations.  

Regulations for airspace protection around FKS are specified in 14 CFR Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace (Part 77). The FAA uses these defined surfaces to identify obstructions to airspace around an airport facility. Part 77 surfaces are comprised of primary, approach, transitional, horizontal, and conical three-dimensional imaginary surfaces. The surfaces are illustrated in a general nature; their exact configuration varies based on the category and type of approach to the runway. Obstructions are defined as objects that penetrate these surfaces. 

Federal Aviation Regulation (FAR) Part 77 requires that proposals to construct anything which may obstruct the use of airspace by aircraft requires notice to the FAA. The FAA has an online notice criteria tool that can be used to determine if notification is required.

The Michigan Tall Structure Act requires these proposals to obtain a Tall Structure Permit from the Office of Aeronautics. If the proposed construction or alteration meets either of the following criteria, a Michigan Tall Structure Permit is required:

• Anything over 200' AGL (above the ground at its site).
• Proposals within 20,000 feet of the closest airport runway and if the proposal would be higher than a slope from the nearest point on a runway and increasing its elevation at a ratio of 100:1.

• Submit an online 7460-1 to the FAA using the Obstruction Evaluation / Airport Airspace Analysis (OE/AAA) website.
• If a Michigan Tall Structure Permit is required, FKS and representative listed on the 7460-1 will receive an application package via e-mail from our office. This package will consist of a denial letter, application, and invoice (if applicable).

 At the Nov. 15, 2006, Michigan Aeronautics Commission Meeting, Land Use Guidelines were approved to be used in Airport Approach Plan for all licensed public use airports.

The continuance of accepted, incompatible land uses adjacent to airport lands, irrespective of their relationship to the operational needs of airports, may result in the loss of, or significantly impede, some of the airports within the state aviation system. 

This loss would endanger the state’s mission to preserve a system of essential public facilities that provides access for all regions of the state to the nation’s air transportation system. 

As such State of Michigan zoning acts, Act 183 of 1943 (County Zoning Act), Act 207 of 1921 (City/Village Zoning), and Act 184 of 1943 (Township Zoning Act), were amended in 2000 to include language that requires the incorporation of an airport approach plan.  The Michigan Zoning Enabling Act, Act 110 of 2006, repealed the other State of Michigan zoning acts; however, the new act includes the same language as the repealed zoning acts as it pertains to airport approach plans.  As per the Aeronautics Code, the Commission has adopted airport approach plans for all licensed airports. 

The Aeronautic Code of the State of Michigan provides that the Michigan Aeronautics Commission (MAC) may adopt an Airport Approach Plan (AAP) (also commonly referred to as an Approach Protection Plan) for each licensed airport. The AAP describes the airport protection area.  The “State Plan for Approach Protection Areas” section 259.151 of the Aeronautics Code of the State of Michigan, declares that the MAC “may create and establish a state plan for approach protection areas surrounding airports, landing fields, and other aeronautical facilities,  establishing standards of height and use to which any structure or obstruction, whether natural or human-made, may be erected or maintained within a distance from the boundaries of any airport, landing field or other aeronautical facility necessary for public safety.” 

The GIS site is intended to be a general guide to property and land information and does not represent a survey of real property nor should it be used or referenced to for conveyance of real property, guaranteeing title or making official determinations. 

Contact the appropriate County Department to obtain original source documents or for official determinations. This information has been developed from various sources and although efforts have been made to ensure accuracy and reliability; errors, omissions and variable conditions originating from compilation and sources used to develop the information may be reflected herein.

In addition, land information is constantly changing, and the most current or accurate data might not be represented. The information accessible through this site is represented “as is” without warranty of any kind, either expressed or implied, or statutory, including, but not limited to, the implied warranties or merchantability and fitness for a particular purpose. No guarantee is granted nor is any responsibility for reliance assumed. The user assumes the entire risk as to the quality, use and reliability of the entire information.