U.S. Department 

of Transportation 

Federal Aviation 

Administration

Advisory

Circular 

Subject: CONSTRUCTION OR 

ESTABLISHMENT OF LANDFILLS NEAR 

PUBLIC AIRPORTS 

Date: January 26, 2006 

Initiated by: AAS-300 

AC No: 150/5200-34A

Change: 

1. Purpose. 

This advisory circular (AC) contains guidance on complying with Federal statutory requirements 

regarding the construction or establishment of landfills near public airports. 

2. Application. 

The guidance contained in the AC is provided by the Federal Aviation Administration (FAA) for 

use by persons considering the construction or establishment of a new municipal solid waste 

landfill (MSWLF) near a public airport. Guidance contained herein should be used to comply 

with MSWLF site limitations contained in 49 U.S.C. § 44718(d), as amended by section 503 of 

the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, Pub. L. No. 106-

181 (April 5, 2000), "Structures interfering with air commerce." In accordance with § 44718(d), 

as amended, these site limitations are not applicable in the State of Alaska. 

In addition, this AC provides guidance for a state aviation agency desiring to petition the FAA for 

an exemption from the requirements of § 44718(d), as amended. 

3. Cancellation

This AC cancels AC 150/52300-34, Construction or Establishment of Landfills Near Public 

Airports, dated August 8, 2000. 

This revision contains no substantive changes to the original. Changes include revised and 

new website addresses, revised strike statistics, and regulation titles.

4. Related Reading Materials. 

AC - 150/5200-33, Hazardous Wildlife Attractions On or Near Airports. 

Wildlife Strikes to Civil Aircraft in the United States. FAA Wildlife Aircraft Strike Database Serial 

Reports. 

Report to Congress: Potential Hazards to Aircraft by Locating Waste Disposal Sites in the 

Vicinity of Airports, April 1996, DOT/FAA/AS/96-1. 

Title 14, Code of Federal Regulation, Part 139, Certification of Airports. 

Title 40, Code of Federal Regulation, Part 258, Municipal Solid Waste Landfill Criteria. 
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Some of these documents and additional information on wildlife management, including 

guidance on landfills, are available on the FAA’s Airports web site at 

http://www.faa.gov/airports_airtraffic/airports/ or http://wildlife-mitigation.tc.faa.gov 

5. Definitions. 

Definitions for the specific purpose of this AC are found in Appendix 1. 

6. Background. 

The FAA has the broad authority to regulate and develop civil aviation under the Federal 

Aviation Act of 1958, 49 U.S.C. § 40101, et. seq., and other Federal law. In section 1220 of the 

Federal Aviation Reauthorization Act of 1996, Pub. L. No. 104-264 (October 9, 1996), the 

Congress added a new provision, section (d), to 49 U.S.C. § 44718 to be enforced by the FAA 

and placing limitations on the construction or establishment of landfills near public airports for 

the purposes of enhancing aviation safety. Section 503 of the Wendell H. Ford Aviation 

Investment and Reform Act for the 21st Century (AIR-21), Pub. L. No. 106-181 (April 5, 2000) 

replaced section 1220 of the 1996 Reauthorization Act, 49 U.S.C. § 44718 (d), with new 

language. Specifically, the new provision, § 44718(d), as amended, was enacted to further limit 

the construction or establishment of a municipal solid waste landfill (MSWLF) near certain 

smaller public airports. 

In enacting this legislation, Congress expressed concern that a MSWLF sited near an airport 

poses a potential hazard to aircraft operations because such a waste facility attracts birds. 

Statistics support the fact that bird strikes pose a real danger to aircraft. An estimated 87 

percent of the collisions between wildlife and civil aircraft occurred on or near airports when 

aircraft are below 2,000 feet above ground level (AGL). Collisions with wildlife at these altitudes 

are especially dangerous as aircraft pilots have minimal time to recover from such emergencies. 

The FAA National Wildlife Aircraft Strike Database shows that more than 59,000 civil aircraft 

sustained reported strikes with wildlife from 1990 to 2004. Between 1990-2004, aircraft-wildlife 

strikes involving U. S. civil aircraft resulted in over $495 million/year worth of aircraft damage 

and associated losses and over 631,000 hours/year of aircraft down time. 

From 1990 to 2004, waterfowl, gulls and raptors were involved in 77% of the 3,493 reported 

damaging aircraft-wildlife strikes where the bird was identified. Populations of Canada geese 

and many species of gulls and raptors have increased markedly over the last several years. 

Further, gulls and Canada geese have adapted to urban and suburban environments and, along 

with raptors and turkey vultures, are commonly found feeding or loafing on or near landfills. 

In light of increasing bird populations and aircraft operations, the FAA believes locating landfills 

in proximity to airports increases the risk of collisions between birds and aircraft. To address this 

concern, the FAA issued AC 150/5200-33, Hazardous Wildlife Attractions On or Near Airports, 

to provide airport operators and aviation planners with guidance on minimizing wildlife 

attractants. AC 150/5200-33 recommends against locating municipal solid waste landfills within 

five statute miles of an airport if the landfill may cause hazardous wildlife to move into or through 

the airport's approach or departure airspace. 
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7. General. 

Using guidance provided in the following sections, persons considering construction or 

establishment of a landfill should first determine if the proposed facility meets the definition of a 

new MSWLF (see Appendix 1). Section 44718(d), as amended, applies only to a new MSWLF. 

It does not apply to the expansion or modification of an existing MSWLF, and does not apply in 

the State of Alaska. If the proposed landfill meets the definition of a new MSWLF, its proximity 

to certain public airports (meeting the criteria specified in Paragraph 8 below) should be 

determined. If it is determined that a new MSWLF would be located within six miles of such a 

public airport, then either the MSWLF should be planned for an alternate location more than 6 

miles from the airport, or the MSWLF proponent should request the appropriate State aviation 

agency to file a petition for an exemption from the statutory restriction. 

In addition to the requirements of § 44718(d), existing landfill restrictions contained in AC 

150/5200-33, Hazardous Wildlife Attractions On or Near Airports (see Paragraph 5, 

Background) also may be applicable. Airport operators that have accepted Federal funds have 

obligations under Federal grant assurances to operate their facilities in safe manner and must 

comply with standards prescribed in advisory circulars, including landfill site limitations 

contained in AC 150/5200-33. 

8. Landfills Covered by the Statute. 

The limitations of § 44718(d), as amended, only apply to a new MSWLF (constructed or 

established after April 5, 2000). The statutory limitations are not applicable where construction 

or establishment of a MSWLF began on or before April 5, 2000, or to an existing MSWLF 

(received putrescible waste on or before April 5, 2000). Further, an existing MSWLF that is 

expanded or modified after April 5, 2000, would not be held to the limitations of § 44718(d), as 

amended. 

9. Airports Covered by the Statute. 

The statutory limitations restricting the location of a new MSWLF near an airport apply to only 

those airports that are recipients of Federal grants (under the Airport and Airway Improvement 

Act of 1982, as amended, 49 U.S.C. § 47101, et seq.) and primarily serve general aviation 

aircraft and scheduled air carrier operations using aircraft with less than 60 passenger seats. 

While the FAA does not classify airports precisely in this manner, the FAA does categorize 

airports by the type of aircraft operations served and number of annual passenger 

enplanements. In particular, the FAA categorizes public airports that serve air carrier 

operations. These airports are known as commercial service airports, and receive scheduled 

passenger service and have 2,500 or more enplaned passengers per year. 

One sub-category of commercial service airports, nonhub primary airports, closely matches the 

statute requirement. Nonhub primary airports are defined as commercial service airports that 

enplane less than 0.05 percent of all commercial passenger enplanements (0.05 percent 

equated to 352,748 enplanements in 2004) but more than 10,000 annual enplanements. While 

these enplanements consist of both large and small air carrier operations, most are conducted 

in aircraft with less than 60 seats. These airports also are heavily used by general aviation 

aircraft, with an average of 81 based aircraft per nonhub primary airport. 
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In addition, the FAA categorizes airports that enplane 2,500 to 10,000 passengers annually as 

non-primary commercial service airports, and those airports that enplane 2,500 or less 

passengers annually as general aviation airports. Both types of airports are mainly used by 

general aviation but in some instances, they have annual enplanements that consist of 

scheduled air carrier operations conducted in aircraft with less than 60 seats. Of the nonprimary commercial service airports and general aviation airports, only those that have 

scheduled air carrier operations conducted in aircraft with less than 60 seats would be covered 

by the statute. The statute does not apply to those airports that serve only general aviation 

aircraft operations. 

To comply with the intent of the statute, the FAA has identified those airports classified as 

nonhub primary, non-primary commercial service and general aviation airports that: 

1. Are recipients of Federal grant under 49 U.S.C. § 47101, et. seq.; 

2. Are under control of a public agency; 

3. Serve scheduled air carrier operations conducted in aircraft with less than 60 seats; and 

4. Have total annual enplanements consisting of at least 51% of scheduled air carrier 

enplanements conducted in aircraft with less than 60 passenger seats. 

Persons considering construction or establishment of a new MSWLF should contact the FAA to 

determine if an airport within six statute miles of the new MSWLF meets these criteria (see 

paragraph 11 below for information on contacting the FAA). If the FAA determines the airport 

does meet these criteria, then § 44718(d), as amended, is applicable. 

An in-depth explanation of how the FAA collects and categorizes airport data is available in the 

FAA’s National Plan of Integrated Airport Systems (NPIAS). This report and a list of airports 

classified as nonhub primary, non-primary commercial service and general aviation airports 

(and associated enplanement data) are available on the FAA’s Airports web site at 

http://www.faa.gov/airports_airtraffic/airports/planning_capacity/. 

10. Separation distance measurements. 

Section 44718(d), as amended, requires a minimum separation distance of six statute miles 

between a new MSWLF and a public airport. In determining this distance separation, 

measurements should be made from the closest point of the airport property boundary to the 

closest point of the MSWLF property boundary. Measurements can be made from a perimeter 

fence if the fence is co-located, or within close proximity to, property boundaries. It is the 

responsibility of the new MSWLF proponent to determine the separation distance. 

11. Exemption Process. 

Under § 44718(d), as amended, the FAA Administrator may approve an exemption from the 

statute’s landfill location limitations. Section 44718(d), as amended, permits the aviation agency 

of the state in which the airport is located to request such an exemption from the FAA 

Administrator. Any person desiring such an exemption should contact the aviation agency in the 

state in which the affected airport is located. A list of state aviation agencies and contact 

information is available at the National Association of State Aviation Officials (NASAO) web site 

at www.nasao.org or by calling NASAO at (301) 588-1286. 
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A state aviation agency that desires to petition the FAA for an exemption should notify the 

Regional Airports Division Manager, in writing, at least 60 days prior to the construction of a 

MSWLF. The petition should explain the nature and extent of relief sought, and contain 

information, documentation, views, or arguments that demonstrate that an exemption from the 

statute would not have an adverse impact on aviation safety. Information on contacting FAA 

Regional Airports Division Managers can be found on the FAA’s web site at www.faa.gov. 

After considering all relevant material presented, the Regional Airports Division Manager will 

notify the state agency within 30 days whether the request for exemption has been approved or 

denied. The FAA may approve a request for an exemption if it is determined that such an 

exemption would have no adverse impact on aviation safety. 

12. Information. 

For further information, please contact the FAA’s Office of Airport Safety and Standards, Airport 

Safety and Operations Division, at (800) 842-8736, Ext. 7-3085 or via email at 

WebmasterARP@faa.gov. Any information, documents and reports that are available on the 

FAA web site also can be obtained by calling the toll-free telephone number listed above. 

DAVID L. BENNETT 

Director, Office of Airport Safety and Standards 
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APPENDIX 1. DEFINITIONS. 

The following are definitions for the specific purpose of this advisory circular. 

Construct a municipal solid waste landfill (MSWLF) means excavate or grade land, or raise 

structures, to prepare a municipal solid waste landfill as permitted by the appropriate regulatory 

or permitting authority. 

Establish a municipal solid waste landfill (MSWLF) means receive the first load of 

putrescible waste on site for placement in a prepared municipal solid waste landfill. 

Existing municipal solid waste landfill (MSWLF) means a municipal solid waste landfill that 

received putrescible waste on or before April 5, 2000. 

General aviation aircraft means any civil aviation aircraft not operating under 14 CFR Part 

119, Certification: Air carriers and commercial operators. 

Municipal solid waste landfill (MSWLF) means publicly or privately owned discrete area of 

land or an excavation that receives household waste, and that is not a land application unit, 

surface impoundment, injection well, or waste pile, as those terms are defined under 40 CFR § 

257.2. A MSWLF may receive other types of RCRA subtitle D wastes, such as commercial solid 

waste, nonhazardous sludge, small quantity generator waste and industrial solid waste, as 

defined under 40 CFR § 258.2. A MSWLF may consist of either a standalone unit or several 

cells that receive household waste. 

New municipal solid waste landfill (MSWLF) means a municipal solid waste landfill that was 

established or constructed after April 5, 2000. 

Person(s) means an individual, firm, partnership, corporation, company, association, joint-stock 

association, or governmental entity. It includes a trustee, receiver, assignee, or similar 

representative of any of them (14 CFR Part 1). 

Public agency means a State or political subdivision of a State; a tax-supported organization; 

or an Indian tribe or pueblo (49 U.S.C. § 47102(15)). 

Public airport means an airport used or intended to be used for public purposes that is under 

the control of a public agency; and of which the area used or intended to be used for landing, 

taking off, or surface maneuvering of aircraft is publicly owned (49 U.S.C. § 47102(16)). 

Putrescible waste means solid waste which contains organic matter capable of being 

decomposed by micro-organisms and of such a character and proportion as to be capable of 

attracting or providing food for birds (40 CFR § 257.3-8). 

Scheduled air carrier operation means any common carriage passenger-carrying operation 

for compensation or hire conducted by an air carrier or commercial operator for which the air 

carrier, commercial operator, or their representatives offers in advance the departure location, 

departure time, and arrival location. It does not include any operation that is conducted as a 

supplemental operation under 14 CFR Part 119, or is conducted as a public charter operation 

under 14 CFR Part 380 (14 CFR § 119.3). 
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Solid waste means any garbage, or refuse, sludge from a wastewater treatment plant, water 

supply treatment plant, or air pollution control facility and other discarded material, including 

solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, 

mining, and agricultural operations, and from community activities, but does not include solid or 

dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows 

or industrial discharges that are point sources subject to permit under 33 U.S.C. § 1342, or 

source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as 

amended (68 Stat. 923) (40 CFR § 258.2).