Preventing Future Incompatible Land Uses

If you have undeveloped land around your airport, the tools and techniques you use should be focused on preventing the development of incompatible uses altogether.

Several of the options noted in the “Existing Incompatible Land Uses” topic are also appropriate to use to protect against future incompatible uses. The first five listed below are applicable for both existing and future land use concerns. The remaining measures are particularly applicable in protecting undeveloped land against incompatible use development.

Develop airport land use compatibility plan and zoning ordinance
Inclusion in local comprehensive plan and area plan (if applicable)
Identification in an airport master plan and/or Airport Layout Plan (ALP)
Establish a wildlife management plan
Acquire land and/or airspace through fee simple acquisition or avigation and noise easements
Site plan review and plat review
Deed restrictions
Conservation easement
Transfer of development rights
Purchase of development rights
Non-suit covenants
Hold harmless agreements
Disclosure notices
Real estate disclosure notice

For additional information on each of these options, visit Planning and Legal Tools.

Resources

ACRP Report 27 Enhancing Airport Land Use Compatibility, Volume 1, Land Use Fundamentals and Implementation Resources
Chapter 8, Tools and Techniques for Land Use Compatibility presents and explains a variety of mitigation and preservation techniques for airport land use compatibility including planning and zoning techniques, natural features techniques and acquisition and notification techniques.
ACRP Report 16 Guidebook for Managing Small Airports
Chapter 4, Airport Planning and Development, includes a discussion of compatible land use plans.
ACRP Report 47 Guidebook for Developing and Leasing Airport Property
Chapter 3, Airport Owner/Sponsor Role, includes a discussion of compatible land use development on property owned by the airport in Section 3.1.3 Land Use Plan.
ACRP Report 32 Guidebook for Addressing Aircraft/Wildlife Hazards at General Aviation Airports
Federally obligated airports – those that have accepted AIP monies or other federal grants-in-aid – are bound by the Airport Grant Assurances. Grant Assurance 21, Compatible Land Use, is one that has a direct bearing on addressing hazardous wildlife problems at GA airports. This report considers compatible land use as one tool for addressing wildlife hazards at GA airports.

Tools

ACRP Report 27 Enhancing Airport Land Use Compatibility, Volume 1, Land Use Fundamentals and Implementation Resources
Appendix E, Non-Suit Covenant provides covenant language to protect the airport from lawsuits and other prosecution on account of the flight of aircraft over or near a particular parcel of land.
ACRP Report 27 Enhancing Airport Land Use Compatibility, Volume 1, Land Use Fundamentals and Implementation Resources
Appendix F, Hold Harmless Agreement provides covenant language through which an adjacent property owner recognizes that the property is in the airport’s approach zone and agrees not to protest or bring suit or action against the airport for aviation related noise, property damages or personal injuries in order to protect the continued operation and development at the airport.
ACRP Report 27 Enhancing Airport Land Use Compatibility, Volume 1, Land Use Fundamentals and Implementation Resources
Appendix G, Disclosure Statement provides a fillable document stating that a specific tract of land lies within a defined number of miles from the airport and may be subjected to varying noise levels. The seller is instructed to affix the signed statement to the agreement of the sale.

*see also the tools provided in the “Existing Incompatible Land Uses” section of this toolkit.