U.S. Department

of Transportation

Federal Aviation

Administration

Advisory

Circular

Subject: CONSTRUCTION OR ESTABLISHMENT 

OF LANDFILLS NEAR PUBLIC AIRPORTS 

Date: August 26, 2000

Initiated by: AAS-300

AC No: 150/5200-34

Change: 

1. Purpose. This advisory circular (AC) contains guidance on complying with new 

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 municipal solid waste landfill (MSWLF) near a public airport. 

Guidance contained herein should be used to comply with recently enacted 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. Related Reading Materials.

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

1, 1997.

b. Wildlife Strikes to Civil Aircraft in the United States 1990-1998, FAA 

Wildlife Aircraft Strike Database Serial Report Number 5, November 1998.

c. Report to Congress: Potential Hazards to Aircraft by Locating Waste Disposal 

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

d. Title 14, Code of Federal Regulation, Part 139, Certification and Operations: 

Land Airports Serving Certain Air Carriers. 

e. Title 40, Code of Federal Regulation, Part 258, Municipal Solid Waste 

Landfill Criteria.

Some of these documents and additional information on wildlife management, 

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

www.faa.gov/arp/arphome.htm.
8/26/00 AC 150/5200-34

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

5. 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) has 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 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.

Databases managed by FAA and the United States Air Force show that more than 54,000 

civil and military aircraft sustained reported strikes with wildlife from 1990 to 1999 

(28,150 civil strikes and 25,853 military strikes). Between 1990-1999, aircraft-wildlife 

strikes involving U. S. civil aircraft result in over $350 million/year worth of aircraft 

damage and associated losses and over 460,000 hours/year of aircraft down time. 

From 1990 to 1999, waterfowl, gulls and raptors were involved in 77% of the 2,119 

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 attractant. 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. 
8/26/00 AC 150/5200-34

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6. 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. 

7. 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.

8. 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 to those that 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 328,344 enplanements in 1998) 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. 
8/26/00 AC 150/5200-34

4

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 non-primary 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 some 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/arp/410home.htm.

9. 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. 

10. 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 
8/26/00 AC 150/5200-34

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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.

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 

establishment or 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. 

11. Information. For further information, please contact the FAA’s Office of Airport 

Safety and Standards, Airport Safety and Certification Branch, at (800) 842-8736, Ext. 

73085 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
8/26/00 AC 150/5200-34

Appendix 1

6

APPENDIX 1. DEFINITIONS.

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

a. Construct a municipal solid waste landfill means excavate or grade land, or raise 

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

regulatory or permitting authority.

b. 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.

c. Existing municipal solid waste landfill (MSWLF) means a municipal solid waste 

landfill that received putrescible waste on or before April 5, 2000.

d. General aviation aircraft means any civil aviation aircraft not operating under 

14 C.F.R. Part 119, Certification: Air carriers and commercial operators. 

e. 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 C.F.R. § 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 C.F.R. § 258.2. A MSWLF may 

consist of either a standalone unit or several cells that receive household waste.

f. New municipal solid waste landfill (MSWLF) means a municipal solid waste 

landfill that was established or constructed after April 5, 2000. 

g. 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 C.F.R. Part 1). 

h. 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)).

i. 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)).

j. 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 C.F.R. § 257.3-8). 

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

operation for compensation or hire conducted by an air carrier or commercial operator for 
8/26/00 AC 150/5200-34

Appendix 1

7

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 C.F.R. Part 119, or is conducted 

as a public charter operation under 14 C.F.R. Part 380 (14 C.F.R. § 119.3).

l. 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 byproduct material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923) 

(40 C.F.R. § 258.2).