Legal Issues Relating to Land Use at Airports

The Federal Aviation Administration (FAA) issued the final Policy Regarding Processing Land Use Changes on Federally Acquired or Federally Conveyed Airport Land on December 8, 2023 (the Policy) which outlines how the FAA will process an airport sponsor's request to use certain property. The Policy creates new categories of land uses, and the FAA reviews expectations that will accompany the type of land use. Section 743 of the FAA Reauthorization Act of 2024 also includes language intended to provide clarity on Section 163 of the FAA Reauthorization Act of 2018 directing the agency on how to determine its jurisdiction over land use reviews. ACRP Legal Research Digest 40: Permissible Uses of Airport Property and Revenue addresses these issues relative to Section 163, but further legal research is needed to inform airport professionals, stakeholders, and developers of the potential issues associated with the process for land development on airport property. The objective of this research is to provide a current update and strategic considerations for a comprehensive resource on FAA land use policies. The research should identify legal authorities and administrative guidance, including detailed analyses of the Policy, Section 743 of the FAA Reauthorization Act of 2024, and other legal issues facing airport sponsors.

• Record URL:
  • http://apps.trb.org/cmsfeed/TRBNetProjectDisplay.asp?ProjectID=5811
• Supplemental Notes:
  • Contract to a Performing Organization has not yet been awarded.

Language

• English

Project

• Status: Proposed
• Funding: $80,000.00
• Contract Numbers:

  Project 11-01, Topic 17-01

• Sponsor Organizations:

  Airport Cooperative Research Program (ACRP)

  Transportation Research Board, 500 Fifth Street, NW
  Washington, DC  United States  20001

  Federal Aviation Administration

  800 Independence Avenue, SW
  Washington, DC  United States  20591
• Project Managers:

  Christensen, Jordan

• Start Date: 20250417
• Expected Completion Date: 0
• Actual Completion Date: 0

Subject/Index Terms

• TRT Terms: Airports; Land use; Legal factors
• Subject Areas: Aviation; Law; Policy; Terminals and Facilities;

Filing Info

• Accession Number: 01944877
• Record Type: Research project
• Source Agency: Transportation Research Board
• Contract Numbers: Project 11-01, Topic 17-01
• Files: TRB, RIP
• Created Date: Feb 5 2025 2:34PM