Parks and Other Recreational Uses on Airport Property (2024)
Chapter: 3 Literature Review
CHAPTER 3
Literature Review
This chapter presents findings from the literature related to airport land use, land use compatibility planning, community involvement, and use of airport land for parks and recreation. As literature was reviewed for this project, it became clear that few sources pertained to airports. In 2022, Karaskiewicz and Swanson (2022, p. 1) stated, “There is not yet an established body of literature that explores the facilities that airports make available for community use.” Even so, this chapter provides a foundation in the literature related to the topic of this synthesis.
Business Continuity
As a result of events such as the COVID-19 pandemic, the Great Recession (2007–2009), and the September 11, 2001, terrorist attacks, the aviation industry has learned the value of planning for future instability. In the dynamic airport industry, business continuity is not guaranteed. Consider the impacts of the COVID-19 pandemic, for example. Consumer preferences drastically changed, and government mandates all but eliminated demand for air travel. Although the industry has largely recovered, airports are already planning for the next potential crisis (ACI, 2022).
A crisis for some airports has been the growing vocal opposition by communities to airport growth and continued operations, often due to concerns about aircraft noise. According to the FAA, “Most citizens want an airport reasonably close for convenience and for the economic benefits it offers, but they don’t want it next door (or in ‘my backyard’). Despite all of its regional benefits, an airport is usually perceived as a noise-creator, a traffic-generator, a potential air traffic hazard, or an air quality concern” (FAA, n.d.-b., p. V-33). These views can negatively impact the business continuity of airports.
Sustainability Planning
As airports consider how to coexist with their communities, many are adopting more sustainable mindsets. Some airports have developed a Sustainability Master Plan or a Sustainable Management Plan. These plans “fully integrate sustainability into an airport’s long-range planning, using baseline assessments of environmental resources and community outreach to identify sustainability objectives that will reduce environmental impacts, realize economic benefits, and improve community relations” (FAA, 2023b, para. 4). Airports are being mindful of the need to sustainably operate to serve aircraft users and passengers while also serving their communities.
To support airport efforts with sustainability planning, the FAA made AIP grants available for selected airports to develop comprehensive sustainability planning documents. According
to the FAA, “These documents include initiatives for reducing environmental impacts, achieving economic benefits, and increasing integration with local communities” (FAA, 2012, para. 2). “Initiated in 2010, the Sustainable Master Plan Pilot Program’s goal is to help airports achieve their planning and operational objectives while reducing environmental impacts, achieving environmental benefits, and improving relationships with local communities” (FAA, 2012, p. 1). As of November 2023, there were 44 airports participating in this FAA-funded sustainability planning effort.
The FAA has shared lessons learned from these participating airports. Specifically, “The lesson is for airports to always consider sustainability as a part of their decision-making process. Even if they cannot pursue the most sustainable solution, sustainability plans can get the airport to think creatively about other options” (FAA, 2012, p. 3). As noted by the FAA, “Sustainable actions (a) reduce environmental impacts; (b) help maintain high, stable levels of economic growth; and (c) help achieve “social progress,” a broad set of actions that ensure organizational goals are achieved in a way that’s consistent with the needs and values of the local community” (FAA, 2023b, para. 1).
Specifically, regarding the use of airport land for parks or other recreational purposes, in ACRP Synthesis 116, Karaskiewicz and Swanson suggested further research on “whether airports view community use of their facilities as a way to build relationships with their communities and whether those efforts are viewed as part of an airport’s social and economic sustainability plan” (Karaskiewicz and Swanson, 2022, p. 47). Regardless of how these efforts are viewed, the importance of such community-focused initiatives cannot be overstated.
Types of Land Uses
There are specific types of land uses at airports, including “aeronautical use, airport purpose, non-aeronautical use, and mixed-use” (FAA, 2024, p. 85477). The airport sponsor is “required by the FAA to obtain FAA approval or consent for all non-aeronautical and mixed uses of federally acquired or federally conveyed land.” In addition, “FAA approval or consent is not needed for a proposed land use that meets the definition of aeronautical use or airport purpose” (FAA, 2024, p. 85478).
Effective January 8, 2024, the FAA’s Policy Regarding Processing Land Use Changes on Federally Acquired or Federally Conveyed Airport Land finalized
the FAA’s policy on FAA procedures for processing land use changes on federally acquired or federally conveyed airport land or in situations where a land use change impacts the safe and efficient operation of aircraft or safety of people and property on the ground related to aircraft operations. Federally conveyed or federally acquired land is to be used for airport purposes until the FAA approves or consents to a change in land use. The FAA’s decision to approve or consent to a non-aeronautical or mixed land use or to release Federal obligations depends on the obligating documents, the current and future aeronautical need for the property, and the requested land use. It is important not to displace aeronautical users for non-aviation commercial uses, especially those that could be conducted off airport property (FAA, 2024, p. 85474).
Aeronautical Use
Unless approved by the FAA, federal law requires federally obligated airports to use airport property for aviation-related purposes only. The FAA defines aeronautical activity as:
Any activity that involves, makes possible, or is required for the operation of aircraft, or that contributes to or is required for the safety of such operations. Activities within this definition, commonly conducted on airports, include, but are not limited to, the following: general and corporate aviation, air taxi and charter operations, scheduled and nonscheduled air carrier operations, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, aircraft sales and services,
aircraft storage, sale of aviation petroleum products, repair and maintenance of aircraft, sale of aircraft parts, parachute or ultralight activities, and any other activities that, because of their direct relationship to the operation of aircraft, can appropriately be regarded as aeronautical activities. Activities, such as model aircraft and model rocket operations, are not aeronautical activities (FAA, 2022a, p. A-1).
Airport Purpose
According to 49 U.S.C. § 47107, “land may be needed for an aeronautical purpose (including runway protection zone) or serves as noise buffer land, and revenue from interim uses of the land contributes to the financial self-sufficiency of the airport.” “Airport purpose” appears to be a general term referring to uses for which an airport is originally intended.
Non-Aeronautical Use
According to 49 U.S.C. § 47107:
All other uses that are not considered aeronautical or airport purpose are considered non-aeronautical. These uses will require FAA consent or approval of the land use.
Examples of non-aeronautical use may include: 1. Car rental facility (stand-alone); 2. Hotel; 3. Warehouse and distribution center; and 4. Parking associated with non-aeronautical uses (e.g., customer and employee parking for hotel, warehouse and distribution center, car rental).
Non-aeronautical uses commonly occur at airports, but these uses do not have the priority or protection of the grant assurances. There is no Federal requirement that obligated airport sponsors accommodate non-aeronautical uses. This differentiation between aeronautical and non-aeronautical is intended to protect the Federal investment in aviation and ensure that non-aeronautical uses cannot easily displace aeronautical uses and thereby diminish the safety, efficiency, and utility of the airport (FAA, 2024 p. 85477).
Mixed-Use
Mixed-use space may also exist. According to the Policy Regarding Processing Land Use Changes on Federally Acquired or Federally Conveyed Airport Land:
A mixed-use facility contains both aeronautical and non-aeronautical uses, but the non-aeronautical use could be located off airport property. These uses will need FAA consent or approval for the land use. The FAA will take into account whether the non-aeronautical component will impact existing uses or conflict with existing or foreseeable aeronautical needs/demand. Examples of mixed uses include: 1. Mail distribution centers that are connected to an air cargo operation; 2. Cargo operations where the primary purpose of the operation goes beyond air cargo processing facilities and expands into non-aeronautical elements, such as office building complexes, sorting facilities, long-term storage (warehousing), freight forwarders, and third-party logistics providers, certain access infrastructure, or certain truck parking/trailer facilities (stalls). Most of these are related to other transportation modes or aspects of the cargo business, not directly and substantially to its “aeronautical activity”; 3. Aircraft manufacturing facility that includes final assembly, but also significant non-aeronautical uses such as engineering facilities, research and development facilities, parts manufacturing and storage, or office buildings; and 4. Parking associated with the mixed use (e.g., customer and employee parking for mail distribution, cargo operations, aircraft manufacturing) (FAA, 2024, p. 85477).
For-Profit and Nonprofit Land Uses
In addition to being designated for aeronautical or non-aeronautical purposes, land can be used for for-profit or nonprofit purposes. In other words, land may be developed commercially to generate revenues for the airport or may be developed noncommercially, which may benefit the community. To be clear, the community may benefit from commercial or noncommercial land use, depending on the activity. For example, a golf course may charge greens fees, and a hiking trail may be free, but both produce community benefits and would contribute to the airport being perceived as socially responsible.
Examples of revenue generating, non-aeronautical land use include:
- Industrial and distribution centers
- Light manufacturing
- Aerospace and defense
- Professional and technical services
- Hotel and retail amenities
- Storage (vehicles, boats, RVs)
Examples of non-revenue generating, non-aeronautical land use include:
- Parks
- Walking trails
- Equestrian trails
- Playgrounds
- Dog parks
- Picnic areas
- Fishing ponds
- Tennis/pickleball courts
- Soccer fields
- Baseball fields
- Football fields
It is the non-revenue generating, non-aeronautical use of airport land that is the focus of this synthesis. Specifically, the synthesis focuses on airports meeting social responsibility goals by providing parks and other recreational uses on airport property.
Parks and Recreation/Entertainment Uses
The FAA discusses recreational land use, including parks, in AC 150/5190-4B, Airport Land Use Compatibility Planning. Section 2.3.S7, Parks and Recreation/Entertainment Uses, states:
A wide variety of public and commercial recreational land uses can be classified here, including (as but a few illustrative examples) public parks, public use and access national monuments, wildlife refuges, wilderness areas, community tennis centers, drive-in theaters, and professional race tracks. These uses typically take place outdoors, although some take place indoors such as skating rinks, health clubs, and sports arenas. The most common land use compatibility issues with parks and recreation uses are safety impacts to recreational uses. Due to the wide variety of uses, development sizes can play an important role in the level of compatibility. For example, a neighborhood park that has open use would typically be considered more compatible than an aquatic center that has large areas for parking and limited open use. Uses such as golf courses that include water or wildlife habitat features need to be prevented or mitigated for any potential wildlife attractants that may pose a hazard to a nearby airport. Public areas that are used for educational or performance purposes may also be noise sensitive uses (FAA, 2022a, p. 2–27).
As the FAA explains, recreational land uses can exist in a number of different forms, but there are common land use compatibility issues related to safety impacts to recreational users. The goal, therefore, is to avoid creating negative impacts on the safety of recreational users or airport users. One example of the safety impact is the lighting of recreational areas, which may create issues for pilots. The FAA, in AC 150/5190-4B, Section 2.3.7.2, states “In addition to the size and use of the development, lighting can be a concern for recreational uses because associated parking lots are often lit with high density lights. Moreover, facilities that are used at night such as baseball fields and tennis courts are also illuminated with bright lights that can create visual challenges for pilots” (FAA 2022a, p. 2–27).
Population density on the land is another element to consider. Density may vary based on intended use. For example, hiking trails will generally host fewer users per acre than ball fields, where spectators are commonplace. As explained by the FAA in AC 150/5190-4B, Section 2.3.7.3, “Another factor to consider is the density of the use. For example, a casino will often have a greater density because customers and staff occupy the facility 24 hours a day, compared to a golf course which has a larger footprint but is operational only during daylight hours and at a lower density” (FAA, 2022a, pp. 2–27, 2–28).
Land Use Planning
Proper land use planning is important to ensure compatible land use. The FAA notes the benefits to the aviation system of proper of land use planning as stated in AC 150/5190-4B:
- Opportunities for Airport Development. Planning for compatible development can provide more opportunities for the efficient development of on-airport property (both aeronautical and non-aeronautical) and expansion of airport facilities.
- Preservation of Airport and Aircraft Operations. In addition to preserving airport facilities, encouraging the development of compatible uses at and around an airport can eliminate or reduce the need for pilots to follow modified flight paths or other costly noise abatement procedures if nearby development is in noise-sensitive areas.
- Protection of Airport Approaches and Departures. The most critical areas surrounding an airport are the approach and departure zones for airport runways. Because aircraft landing or departing from an airport frequently occupy this airspace, it is important to assess land uses directly underneath these zones for compatibility with aircraft operations.
- Reduced Potential for Litigation. If airport administration/management makes diligent efforts to encourage a compatible environment (existing and future), the risk of entering litigation to resist or prevent land use incompatibility can be reduced.
- Compliance with Airport Design Standards. Encouraging compatible uses near an airport can help maintain or protect runways of the appropriate dimensions for use by the most critical aircraft.
- Avoidance of Hazardous Wildlife Attractants. Not only do wildlife strikes pose a risk to aircraft occupants and people on the ground, they are almost always fatal to the wildlife. Because of this, land use compatibility planning can also protect wildlife by encouraging habitat preservation or development away from airports (FAA, 2022a, pp. 1–3, 1–4, 1–5).
Proper land use planning also benefits airport neighbors. The FAA notes the benefits of proper land use planning to people in the surrounding communities, as stated in AC 150/5190-4B:
- Community Awareness of Airport Compatible Land Use Planning. To fully realize the benefits of compatible land use planning, the local community needs to understand the concept of compatibility. Raising awareness in the local community about the effects of incompatibility and the benefits of compatibility can foster a collaborative relationship between the community and the airport in which thoughts and concerns from both perspectives are shared.
- Reduced Noise Exposure. Planning that reduces or prevents noise-sensitive uses around an airport benefits the community by reducing the number of people exposed to aircraft noise and by improving the quality of life for nearby residents.
- Opportunities for Compatible Community Development. Collaboration between airports, local jurisdictions, and private property owners/developers during long-term planning can identify compatible uses that support economic development on and around an airport. (FAA, 2022a, pp. 1–6, 1–7).
Benefits such as these convey the importance of proper land use planning at airports. Rather than placing restrictions on land use and development of airport land, land use planning produces benefits for an airport’s users and its surrounding communities by ensuring that aircraft operations don’t interfere with the use and enjoyment of land.
Initial Request to Develop Park or Recreational Area
The request to alter airport land use into a park or recreational area may come from one of four sources: (a) community members, (b) airport board/commission, (c) municipal authority, or (d) airport sponsor. The impetus for the request will affect next steps for airport management. Regardless of the source, if airport property is converted to a park or recreational area, it remains airport property, and FAA grant assurances, if appropriate, still apply (City of Santa Monica, 2020; Snowden, 2023).
Community Members
If the community expresses the desire for a park or recreational area on airport property, the airport will need to consider whether this request is feasible considering current and projected airport land uses. Not all airports have sufficient land that could be designated for recreational use. For example, the airport may have plans to construct aircraft hangars on land that is currently undeveloped and that the community may not be aware of. Some portions of airports are maintained as runway protection zones (RPZs), noise buffers, or for other purposes, greatly restricting the use of these areas for recreational use (FAA, 2023a).
The FAA will place a high priority on aeronautical use of airport property and require airport management to ensure that all aeronautical uses of airport land, both current and anticipated, will be provided for first. If airport management determines that a park or recreational area could be supported on airport property, a plan will need to be developed (FAA, 2023a; FAA, n.d.-b.).
If airport management determines that the airport could not support a park or recreation area, it may be advantageous to contact the local jurisdiction’s parks and recreation department to encourage it to consider developing a new park in lieu of an airport park. The airport may also partner with a state or national park and promote its access from the airport for travelers and visitors. It is important to exercise discretion in conveying disappointing news to the community if their desire for a new park or recreational area cannot be accommodated at the current time by either the airport or the municipality (National Park Service, 2016).
Airport Board or Commission
The airport board or commission may initiate the request for a public park on airport property. If the airport board or commission is advisory in nature, their request will not be considered a directive. An airport manager may consider the feasibility of their request and conduct research to determine whether developing such a park would be appropriate. If the airport board or commission is the airport governing body, the request may require the airport manager take action to consider whether the directive is feasible and can be approved by the FAA (City of Santa Monica, 2020; Snowden, 2023).
Municipal Authority
The municipal authority may initiate the request for a public park on airport property. If the airport manager is tasked by the municipal authority with creating a park or recreational
use area on airport property, action will be taken to determine the feasibility of the request, to include whether FAA approval can be obtained. It may not be possible to create such a space due to lack of available land, aeronautical demand, or other limitations. (City of Santa Monica, 2020; Snowden, 2023).
Airport Sponsor
If the airport sponsor determines that it would be beneficial to set aside a portion of airport property for a public park or recreational area, a plan may need to be developed. The FAA encourages the airport to work with its ADO during a land use change review (FAA, 2024, p. 85478).
The FAA Policy Regarding Processing Land Use Changes on Federally Acquired or Federally Conveyed Airport Land describes the process an airport sponsor must follow when they request a change in airport land use. The policy states:
The airport sponsors request needs to include the following: 1. identification of the property and documentation on how the land was acquired (i.e., Federal conveyance documents, Federal grant agreements, Exhibit A); 2. current use of the property; 3. current and future aeronautical demand of the airport and the property (e.g., current Master Plan, forecasts, hangar waitlists); and 4. proposed use of the property, including the anticipated length of the use (FAA, 2024, p. 85478).
For FAA review of the request, the policy states:
Upon receipt of all documents, the FAA will review the airport sponsor’s request. The review involves a certain level of discretion by the FAA and the airport sponsor. The FAA may request additional information regarding the proposal. Major considerations in granting approval or consent include the: 1. Reasonableness and practicality of the airport sponsor’s request; 2. The effect of the request on needed aeronautical facilities; 3. The net benefit to civil aviation, and 4. Compatibility of the proposal with the needs of civil aviation. (Incompatible land uses on the airport, including residential use, are prohibited by FAA policy and are contrary to federal obligations.) (FAA, 2024, p. 85478).
The land use should be compatible with the airport’s current or future aeronautical use or demand. FAA approval will not be granted if the FAA determines that an aeronautical demand for the land is likely to exist within the period of the requested land use. The duration of FAA’s approval or consent will depend on the circumstances at the airport and may be permitted for the duration of the approved use. The approval or consent must state that the land will be returned to aeronautical use at the end of the approved period (FAA, 2024, p. 85478).
Various uses of land will be approved by the FAA and reflected in the airport layout plan (ALP) and Exhibit A property map. However, according to the FAA, “the designation of non-aeronautical areas on the ALP does not mean a particular land use has been approved. These areas can still be shown as proposed on the ALP but will be updated on the Exhibit A once the FAA has approved or consented to the use” (FAA, 2024, p. 85476).
Parks and Recreational Uses
According to ACRP Synthesis 116: Examples of Facility Use Provided for Community Use at Airports (Karaskiewicz and Swanson, 2022), the public use of airport facilities allows the airport to share information with the community about how an airport operates and also informs the airport about local community needs and desires. Airports that provide services that satisfy the community needs—for example, a publicly accessible park—generate goodwill for the airport. These conclusions are specific to airport facilities, but it can be interpreted that they correlate to airport parks and recreational use spaces that are open to the public.
In general, parks provide many benefits to a community. These may include community identity, mental and physical health and well-being, tourism, and biodiversity (Konijnendijk
et al., 2013). Parks contribute to community identity because people may identify with a park setting, spending their recreation time with their neighbors there. Parks offer active and passive recreational opportunities, which promote mental and physical health and well-being—for example, playing hide and seek or sitting on a park bench enjoying nature. Interesting parks may bring visitors from outside a person’s living or working environment and thus may also contribute to the local economy. And the biodiversity, the different kinds of animals and plants found in an area, may increase a person’s enjoyment of the green space (Konijnendijk et al., 2013).
If the aeronautical demand at the airport increases, a portion of, or the entire, park or recreational area may need to be reclaimed for aeronautical use. This may be politically difficult, as the airport could be viewed by the community as removing an important community asset. If airport staff foresee this possibility, they can begin collaborating with the local municipal parks and recreation department staff to consider ways in which to minimize community impacts with the closure of the airport park or recreational area, possibly by developing another city park in lieu of the airport park (Castagna, 2024).
Airports that create a space on airport property for the community’s use may also benefit as community members perceive the goodwill created by the airport. This goodwill is a key piece of the socially responsible “S” in the EONS framework. Especially for airports challenged in this area (for example, because of community objections to noise or other factors), generating goodwill can produce significant benefits for the airport (SAGA, n.d.).
The degree to which airports can generate these advantages depends on the specific park or recreational use to be created. Regardless, most parks or recreational use spaces on airport property will generate advantages for the local community, contributing to the community perception that the airport is socially responsible.
FAA Self-Sustaining Rule and Airport Revenue Policy
There is a general expectation in the United States that access to community parks will be provided free of charge. In this case, the park or recreational use space does not generate any revenue. Airports may, on the other hand, assess a fee (such as for facility rental) in order to create financial self-sufficiency for the designated recreational use. However, this is not required by the FAA, as property for community purposes is an exception to the requirement that airports be as self-sustaining as possible.
The FAA Airport Compliance Manual – FAA Order 5190.6B states:
Exceptions to the Self-sustaining Rule: General. While the general rule requires market rates for non-aeronautical uses of the airport, several limited exceptions to the general rule have been defined by congressional direction and agency policy based on longstanding airport practices and public benefit. These limited exceptions include (a) property for community purposes and (b) not-for-profit aviation organizations, (c) transit projects and systems, and (d) military aeronautical units, all of which are discussed in the following paragraphs (FAA, 2023a, p. 17–3).
Regarding use of airport revenues specifically to develop a park or recreational area, the FAA Airport Compliance Manual – FAA Order 5190.6B states, “Using airport funds to support community activities and to participate in community events or using airport property for community purposes – except to the extent permitted under the Revenue Use Policy – is a prohibited use of airport revenue” (FAA, 2023a, p. 15–10). Thus, although airports will need to be careful not to use airport revenues for the development of parks and recreational areas, funds for the maintenance and management of the space may be reasonable. Each federally obligated airport will need to ensure compliance with FAA requirements.
Airport revenue generation and uses is a complex topic with many factors to consider and is beyond the scope of this synthesis. Airports may wish to consult a professional experienced with FAA grant assurances and airport revenues or to reach out to their local ADO for specific guidance.
Complaints to FAA
Airport tenants may not appreciate that airport land is being used for a publicly accessible park or recreational area, resulting in complaints to the FAA. For a tenant complaint to have merit with the FAA, evidence will need to be produced that the airport’s actions are in conflict with FAA grant assurances, including displacing aeronautical activity for non-aeronautical use of airport property. For non-federally obligated airports, there are no grant assurances with which to comply. As such, non-federally obligated airports have greater flexibility in land use (FAA, 2023f).
There are two complaints that can be filed with the FAA: informal or formal. Anyone concerned about an airport’s compliance with grant assurances may file a complaint. Information about these processes can be found in two places: (1) the informal complaint process under Title 14 Code of Federal Regulations (CFR) Part 13 – Investigative and Enforcement Procedures (Section 13.1 only); and (2) the formal complaint process under 14 CFR Part 16 – Rules of Practice for Federally-Assisted Airport Enforcement Proceedings.
14 CFR Part 16 complaints are investigated by FAA headquarters, and the regulation imposes strict deadlines for filing, adjudication, and appeal. The regulation lists the requirements for filing the complaint as well as guidance to airport sponsors.
Grant Assurance Compliance
When airports accept funds from the FAA, such as through the AIP, they agree to comply with certain obligations. These obligations are called grant assurances, and—in some instances—when airports accept funding from the FAA, the grant assurance requirements do not expire (FAA, 2022a). This does not apply to airports that have not received federal grant funds and are thus not federally obligated.
For federally obligated airports, complying with all sponsor grant assurances is imperative. This will ensure FAA compliance and may minimize the possibility of a 14 CFR Part 13 or Part 16 complaint filed against the airport.
Sponsor grant assurances are numerous; a full list of the grant assurances can be found in the FAA document titled Airport Improvement Program Grant Assurances for Airport Sponsors (FAA, 2022b). Although several assurances are important to consider when allocating a portion of airport property for recreational use, such as the development of a park or recreational area, the following comments related to specific grant assurances are germane to such uses. Note: “it” refers to the airport sponsor in quoted grant assurances.
Grant Assurance 5—Preserving Rights and Powers: “It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application without the written approval of the Secretary.” Thus, selling or otherwise disposing of airport property for the development of a park or recreational use is not permitted without formal approval.
Grant Assurance 8—Consultation with Users: “In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable
consultations with affected parties using the airport at which project is proposed.” The airport should consult with airport users regarding plans to develop a park or recreational use on airport property.
Grant Assurance 19—Operation and Maintenance: “It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes.” Although recreational use can be approved by the FAA and be so designated on the ALP, such recreational use should not interfere with the safe operation of the airport. Signage to prohibit balloons, fireworks, drones, the feeding of wildlife, and other potentially hazardous activity may be important.
Grant Assurance 20—Hazard Removal and Mitigation: “It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.” Consider how recreational use of airport property may create new hazards, possibly related to shelters, lighting, and drone activity.
Grant Assurance 21—Compatible Land Use: “It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft.” Consider whether recreational use of airport property will be considered compatible land use.
Grant Assurance 25—Airport Revenues: “All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport.” Be careful in using airport equipment purchased with airport revenues to maintain park land. In response to a 14 CFR Part 13 complaint regarding an airport with athletic fields in the FAA Southern Region, the FAA stated, “Ensure that Airport revenue is not used to support any capital or operating costs associated with the athletic fields” (FAA, 2015b).
Grant Assurance 29—Airport Layout Plan: “It will keep up to date at all times an airport layout plan of the airport showing boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto.” Recreational use is to be properly reflected on the ALP. If a new recreational use is approved by the FAA, the ALP should be updated accordingly.
Community Use Agreements
The FAA has specific requirements for agreements for community use of airport land. The FAA Airport Compliance Manual – Order 5190.6B, states that agreements for community use of airport land should incorporate the following requirements:
Acceptance. The local community must use the land in a way that enhances the community’s acceptance of the airport; the use may not adversely affect the airport’s capacity, security, safety, or operations. Acceptable uses include public parks and recreation facilities, including bike or jogging paths. When the use does not directly support the airport’s operations, a sponsor may not provide land rented at less than fair market value. Accordingly, the airport must generally be reimbursed at fair market rent for airport land used for road maintenance or equipment storage yards or for use by police, fire, or other government departments.
Minimal Revenue Potential. At the time it contemplates allowing community use, the sponsor may only consider land that has minimal revenue-producing potential. The sponsor may not reasonably expect that an aeronautical tenant will need the land or that the airport will need the land for airport operations in the foreseeable future (i.e., master plan cycle). When a sponsor finds that the land may earn more than minimal revenue but such revenue is below fair market value, the sponsor may still permit community use of the land at less than fair market value rent provided that the rental rate approximates the revenue that the airport could otherwise earn.
Reclaiming Land. Community use does not preclude reuse of the property for airport purposes. If the sponsor determines that the land has greater value for something other than the community’s continued use, the sponsor may reclaim the land for the higher-value use.
No Use of Airport Revenue. The sponsor may not use airport revenue to support the capital or operating costs associated with the community use. (FAA, 2023a, p. 17–4).
As airports consider setting aside unused portions of airport land for parks or recreational use, the agreement for use of such land is an integral element. The airport can incorporate a clause stating that the land is not intended to be used for U.S. Department of Transportation Act of 1966 Section 4(f) purposes. Additionally, a clause can be included that references the temporary nature of the use of the land. This temporary use clause will allow the airport to reclaim or repurpose land for aeronautical use when it becomes necessary.
The specific guidance on the development of such agreements is beyond the scope of this synthesis. Airports may want to consult with legal professionals who have knowledge of FAA grant assurances and specific FAA requirements.
The FAA does provide some considerations in their Airports Desk Reference (FAA, n.d.-a.):
Through a lease or other agreement, an airport sponsor owning property designated for transportation purposes may allow an entity to temporarily use the property as a park or recreation area on an interim basis during the period the property is not needed for transportation purposes (i.e., a temporary Section 4(f) resource). However, when making such arrangements, the airport sponsor should exercise caution. The sponsor should ensure the lease or agreement includes specific terms clarifying that the use of the property for Section 4(f) purposes is temporary.
Any use agreements developed should incorporate various assurances so that FAA requirements are clear.
Community Involvement
As previously discussed, the idea for a park or recreational use of airport property may initially be expressed from a number of sources. Regardless of where the request was initiated, the airport should put forth the effort to involve the community when planning for an airport park or recreational use space.
The FAA’s Community Involvement Manual “broadly defines the term ‘community’ to include local residents, the general public, and other stakeholders” (FAA, 2016, p. 3). According to the FAA, “People have an interest in governmental actions that result in changes to the places they live, work, or visit for recreation, and they may have concerns about the potential impacts of an aviation activity” (FAA, 2016, p. 4). “Community involvement does not guarantee outcomes that satisfy everyone. However, decisions that take community input into consideration are more likely to reflect the collective public interest, receive broader community acceptance, and experience fewer implementation and post-implementation problems” (FAA, 2016, p. 2).
According to the FAA Community Involvement Manual:
Effective community involvement strives to:
- Improve understanding of community concerns. Community involvement provides an opportunity for the FAA to learn about social, economic, and environmental conditions and local needs and concerns.
- Inform the community. Open communication and flow of information can help the public understand the need for an FAA action, be familiar with the factors that inform decision-making, and provide more meaningful input.
- Use community input to improve decision-making. Collaboration with the community can help shape the project and lead to more effective solutions.
- Enhance the transparency of the decision-making process. While not everyone may agree on the outcome, community involvement can allow the public to better understand the factors weighed in the decision-making process (FAA, 2016, p. 5).
Community engagement, especially with disenfranchised communities, can support environmental justice. This will aid the airport in creating equity among neighboring communities. A proactive airport staff can engage these communities, which, in general, may not be vested in the airport. “Effective community involvement is inclusive and facilitates participation by all interested individuals and groups within the community, including minority and low-income populations. An inclusive program allows broader and more balanced community representation” (FAA, 2016, p. 6).
According to the FAA Community Involvement Manual:
Ideally, the community should be involved as early as possible. Early public input allows valuable information to be factored into project planning. Communities that are not provided with information or given an opportunity to participate at the outset may seek information from alternative sources that could be inaccurate or misleading. They may also resort to media or political avenues to draw attention to their concerns. Regaining the trust of the community or correcting misconceptions can take considerable effort and time, impacting cost and schedule, as well as jeopardizing a successful project outcome (FAA, 2016, p. 5).
According to the FAA’s Community Involvement Manual, there are numerous methods an airport may use to interact with various stakeholders in the community. As presented in Table 1, various techniques can be used to inform, educate, foster dialogue, and collaborate with community members.
Although many of these techniques may not apply to the creation of parks or recreational uses, airports can review this list to generate new ideas for collaborating with community stakeholders in order to ensure that their needs are considered.
Additionally, as an airport considers how to engage the community, it is beneficial to develop a community involvement plan.
A community involvement plan serves as an anchor document that identifies community involvement activities and aligns them with the project goals, schedule, and any legal requirements for public participation. A plan is recommended for any sizeable community involvement effort to help ensure that the project team is adequately prepared in terms of technical expertise, schedule, budget, and other resources. The project team generally begins to develop a plan once the community concerns and characteristics have been identified. Understanding how different perspectives and concerns are represented will influence how they will be addressed in the plan. Special consideration needs to be given to provide meaningful public involvement by minority and low-income populations (e.g., Environmental Justice populations) (FAA, 2016, p. 22).
An alternate way to think about community involvement is to envision the project life cycle with an emphasis on community engagement. Each of these steps can be adapted by an airport as appropriate. The five steps of a project life cycle per the FAA Community Involvement Manual are:
- Pre-Planning. Community members commonly first present the idea for a park or recreational space on airport property. With community input, the project sponsor defines the proposed project. At this early phase, the airport can begin to identify which communities may be affected, key community issues and concerns, past or current community interest in aviation, whether and how to provide community involvement, and the groups and
Table 1. Applicability of community involvement techniques.
| Technique | Inform | Educate | Foster Dialogue | Collaborate |
|---|---|---|---|---|
| Public Meetings | ||||
| Public hearings | X | X | X | |
| Informational meetings | X | X | X | |
| Breakout groups | X | X | X | X |
| Panel meetings | X | X | ||
| Open house or workshop | X | X | X | |
| Pop-up meetings | X | X | X | |
| Targeted Group Meetings | ||||
| Working sessions | X | X | X | X |
| Charettes | X | X | ||
| Advisory committees/roundtables | X | X | X | X |
| Facilitated conflict resolution | X | |||
| Community and interest groups | X | X | X | |
| Internet and Technology Tools | ||||
| Websites | X | X | X | |
| Simulations and visualization | X | X | ||
| Virtual meetings and webinars | X | X | X | X |
| Feedback tools | X | |||
| Brainstorming and collaboration tools | X | X | ||
| Social Media | ||||
| Social networks | X | X | X | |
| Microblogging | X | X | X | |
| Social news | X | X | X | |
| Blogs, forums, and listservs | X | X | X | X |
| Print and Other Traditional Media | ||||
| Newspapers and magazines | X | X | ||
| Mailouts | X | X | X | |
| Printed reports | X | X | ||
| Brochures/newsletters | X | |||
| Television and radio | X | X | ||
| Technical Assistance and Support | ||||
| Education programs | X | |||
| Technical support | X | |||
| Additional Techniques | ||||
| Surveys | X | |||
| Interviews | X | |||
| Temporary project offices | X | X | X | |
| Hotlines | X | X | ||
Source: FAA, 2016, p. 16.
- individuals to include in any community involvement efforts. Sponsors should begin discussions with the airport commission/board and municipal authority as to their ultimate role in project approval.
- Initiation. Begin to engage with any identified groups and individuals within the community. The focus in this phase is making interested parties aware of the proposed project and letting them know how they can participate in the process as well as to receive feedback from the community.
- Planning. This phase, which also incorporates the design phase, is the most active phase of community involvement. The FAA’s review of the project’s impacts under the National Environmental Policy Act (NEPA) and other environmental statutes normally occurs during the planning phase, although performing this as early as possible may avoid delays in project implementation. During this phase, information is provided, and the airport can gain a more in-depth understanding of community concerns. Community input is considered in developing and refining project options, analysis, and potential mitigation measures. At the conclusion of this phase, a determination is made on whether and how to implement the project.
- Implementation. After a decision has been made to go forward with the project, the community is informed of the project start date and progress of implementation. During this phase, the airport can respond to any further community issues and concerns that may arise.
- Close-out. At the completion of the project, the airport can provide a point of contact for the community to convey new or ongoing concerns (FAA, 2016, pp. 18–19).
U.S. Department of Transportation Act of 1966 Section 4(f)
Section 4(f) “refers to the original section within the U.S. Department of Transportation Act of 1966 which established the requirement for consideration of park and recreational lands, wildlife and waterfowl refuges, and historic sites in transportation project development” (DOT, n.d.). Section 4(f) applies to projects that receive funding from, or require approval by, an agency of the U.S. Department of Transportation, such as the Federal Aviation Administration (DOT, n.d.). Parks and recreational use at airports may fall under Section 4(f).
The Environmental Desk Reference for Airport Actions, Chapter 7: Section 4(f) Resources, states that:
Subject to exceptions for de minimis impacts, the Secretary of Transportation (Secretary) may approve a transportation program or project requiring the use of publicly owned land of a park, recreational area, or wildlife and waterfowl refuge of national, state, or local significance or land of a historic site of national, state, or local significance as determined by the official having jurisdiction over those resources only if: (1) there is no prudent and feasible alternative that would avoid using those resources, and (2) the program or project includes all possible planning to minimize harm resulting from the use (FAA, 2007).
Before approving a project that uses Section 4(f) property, it must be determined that the impacts do not adversely affect the activities of the property, or a Section 4(f) evaluation is conducted. If the evaluation identifies a feasible alternative that avoids Section 4(f) properties, that alternative must be selected. If there is no feasible alternative, the FAA may have some discretion in selecting an alternative location (DOT, n.d.).
Section 4(f) protects parks and recreational areas. Under the statute, in order to qualify as a park or recreation area, the property must meet the following criteria:
- Be publicly owned: This refers to ownership by a local, state, or federal government agency.
- Be open to the public: Access is permitted for the entire public during hours of operation. If access is permitted only to select groups (for example, students or faculty of a facility) it is not considered open to the public.
- Be used as a park or for recreation activities: This refers to the property’s primary function and how it is managed.
- Be significant as a park or recreation area: In this case, “significant” means that the park or recreational space meets the goals of the airport sponsor or community. (DOT, n.d.).
Property that is not used for recreational purposes but that may occasionally have recreation activities (for example, occasional picnicking or a weekend car show at the airport) are not considered under Section 4(f) (DOT, n.d.).
Policy Regarding Processing Land Use Changes
On January 8, 2024, the FAA’s Policy Regarding Processing Land Use Changes on Federally Acquired or Federally Conveyed Airport Land went into effect. The policy applies in all situations “where a land use impacts the safe and efficient operation of aircraft or safety of people and property on the ground related to aircraft operations”—regardless of whether the subject
property was acquired with federal assistance. The new policy requires airport sponsors to formally request approval for a change in land use and to obtain written approval or consent from the FAA for all affected property (FAA, 2023d).
For airports considering establishing a park or recreational use of airport land, this new policy requires a formal review by the FAA of the change in land use. The policy states:
The airport sponsor’s request needs to include the following: 1. identification of the property and documentation on how the land was acquired (i.e., Federal conveyance documents, Federal agreements, Exhibit A); 2. current use of the property; 3. current and future aeronautical demand of the airport and the property (e.g., current Master Plan, forecasts, hangar waitlists); and 4. proposed use of the property, including the anticipated length of use (FAA, 2023d).
The FAA’s decision to approve the request depends, in part, on the requested land use and the aeronautical need for the property. The FAA states that “incompatible land uses on the airport are prohibited by FAA policy and are contrary to Federal obligations.” In addition, “aviation tenants and aircraft owners should not be displaced by non-aviation commercial uses that could be conducted off airport property” (FAA, 2024, p. 85475). Further, the FAA will “consider both the existing and future aviation demand” (FAA, 2024, p. 85475). All approvals will “state that the land will be returned to aeronautical use at the end of the approved period” (FAA, 2024, p. 85475). The FAA will not grant approval if they determine “that an aeronautical demand for the land is likely to exist within the period of the requested land use” (FAA, 2024, p. 85475).
Federally obligated airports are responsible for ensuring compliance with FAA grant assurances. If a federally obligated airport does not comply, the FAA may withhold future federal funds.
Entire Airport Conversion/Closure
In lieu of converting a portion of airport land for parks or recreational use, an operator may consider closing the entire airport for conversion to a park or other recreational use. Although this is not widely accepted in the airport community, there may be such public and political pressure to use airport property for another, non-aeronautical purpose that municipal officials may consider closing the airport (City of Santa Monica, 2020; Snowden, 2023).
Closing an airport can be a long and complex process. For example, Grant Assurance 19—Operations and Maintenance, requires:
The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, [to] . . . be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes (FAA, 2022b).
The FAA also reviews any requests to close an airport.
The FAA Associate Administrator for Airports (ARP-1) is the FAA approving official for a sponsor’s request to be released from its federal obligations for the purpose of abandoning or disposing of an entire airport before disposal can occur. That authority is not delegated. A copy of the sponsor’s request, including related exhibits and documents, and a copy of the FAA Airports regional statement supporting and justifying the proposed action shall be provided to ARP-1 (FAA, 2023a, p. 22–14).
According to the FAA, “The nonaviation interest of the sponsor or the local community – such as making land available for economic development – does not constitute an airport benefit that can be considered in justifying a release and disposal” (FAA, 2023a, p. 22–16). Additionally, if federal funds were received by the airport operator to acquire airport land, grant assurances do not expire.
The Meigs Field Legacy clause in the Vision 100—Century of Aviation Reauthorization Act prevents an airport sponsor or municipality from closing an airport without proper public notice. This clause states that:
. . . a public agency may not close an airport listed in the National Plan of Integrated Airport Systems (NPIAS) without providing written notice to the FAA at least 30 days before the date of the closure. The notice would then be published in the Federal Register. A public agency violating this section shall be liable for a civil penalty of $10,000 each day that the airport remains closed without having given the required notice (U.S. Congress, 2003).
Federal regulation 14 CFR Part 157 establishes standards and notification requirements for proposals to construct, alter, or deactivate an airport. The notification, via Form FAA 7480-1—Notice for Construction, Alteration, and Deactivation of Airports, allows the FAA an opportunity to evaluate “the effects of the proposed action on the safe and efficient use of airspace by aircraft and the safety of persons and property on the ground.” According to the FAA, these effects may include:
- The effects the proposed action would have on existing or proposed traffic patterns of neighboring airports
- The effect the proposed action would have on the existing airspace structure and projected programs of the FAA
- The effects that existing or proposed objects (on file with the FAA) within the affected area would have on the airport proposal (FAA 2023e, para. 3)
“Notification allows the FAA to identify potential aeronautical hazards in advance, thus preventing or minimizing the adverse impacts to the safe and efficient use of navigable airspace” (FAA, 2023e, para. 4).
Although closing an airport is rare, following are three examples of airports that have closed entirely and been converted for parks and recreational use.
- At the formerly active Stapleton International Airport in Denver, the old control tower has been converted to a 32,000 square-foot “eatertainment” concept with six bowling lanes, shuffle board, bocce courts, karaoke rooms, a sports bar and a wide variety of other indoor and outdoor dining, drinking, and social gaming opportunities (Baskas, 2017).
- Robert Mueller Municipal Airport sat on 700 acres and was located 3 miles from downtown Austin. In 1999, Austin–Bergstrom International Airport replaced Robert Mueller Municipal Airport, 10 miles from the city center. Today, the site consists of a mixed-use community with homes, retail and office use, parks, and public art. A farmers’ market is regularly held in the historic 1943 Browning Hangar (Baskas, 2017).
- Floyd Bennett Field, located in Brooklyn, New York, was the city’s first municipal airport and has been decommissioned. It is now part of the Gateway National Recreation Area. The airport was named after Floyd Bennett, who was the first person to fly over the North Pole. The park is open to the public (Baskas, 2017).
Literature Review Summary
There are few sources in the literature that are specific to airport parks and recreational use spaces. However, this chapter provides a foundation of literature related to the topic. This includes airport land use, land use compatibility planning, and community involvement. A theme identified in the literature review is that the development of a park or recreational use space on airport property for community benefit can generate goodwill. Creating these spaces is not without its challenges, but by involving the community and adhering to FAA guidelines, an airport may create a space that welcomes the community.
