HD53 - Airspace Intrusions
Executive Summary: In order to ensure safety of air navigation, obstacle-free aerial pathways must be maintained to and from airports. At many Virginia airports these pathways extend not only beyond the property of the airport itself, but also into adjoining political jurisdictions. Over the past two years, the Virginia Department of Aviation has succeeded in identifying many structures which penetrate the imaginary surfaces that form the "floors" of these pathways and present hazards to aircraft. While the Department, working with individual airport sponsors and owners, was able to obtain removal or mitigation of many of these hazards, it appeared desirable 'both from an economic and from a safety standpoint that these hazards be prevented rather than removed or mitigated. The 1988 General Assembly, through the passage of House Joint Resolution No. 24, commissioned a Joint Subcommittee to seek an appropriate preventative mechanism. Following input from the Department of Aviation, local government officials, airport sponsors, and the general public, the Joint Subcommittee decided that prevention of airspace intrusions should, wherever possible, be achieved by local governments' through the exercise of their zoning powers. However, in cases in which local governments fail to act -- or affirmatively choose not to act -- this responsibility for protection of airport approach zones should be vested with the Commonwealth, the group felt. The Joint Subcommittee recommends two pieces of legislation to deal with these future intrusions: One bill prohibits the erection of any structure which penetrates the imaginary surfaces (as described in Federal Aviation Administration and Virginia Department of Aviation regulations) of any licensed airport, unless a permit is first obtained from the Aviation Board. This permit, however, would not be required in localities which regulate the height of structures which penetrate these surfaces -- even though the regulations might be less than a full-fledged airport safety zoning ordinance. The other bill requires that all localities in which licensed airports are located, and all localities over whose territory approach slopes and zones of licensed airports extend, adopt airport safety zoning ordinances by July 1, 1991, and sets out the text of a model airport safety zoning ordinance. If a locality has not adopted an airport safety zoning ordinance by July 1, 1991, the Virginia Aviation Board, by regulation, would be permitted to undertake the regulation of construction of structures around that airport directly. |
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