Alabama Administrative Code › Title 450 - ALABAMA DEPARTMENT OF TRANSPORTATION › Chapter 450-9-3 - AIRPORTS › Section 450-9-3-.06 - Landing Area Application Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person desiring to construct a
					proposed new landing area must first be granted permission to do so from the
					Department. Before the Department will consider an application for a proposed
					new landing area, the applicant must receive a determination of no objection
					from the FAA. To obtain such a determination, the applicant must complete and
					submit FAA Form 7480-1 ("Notice of Landing Area Proposal") to the appropriate
					FAA office. Copies of FAA Form 7480-1 may be obtained from the
					Department.
(2) An application to
					construct a new landing area is initiated by a letter addressed to the Director
					of Aeronautics at the Department's address. Upon receipt of such letter, the
					Department will furnish the applicant with a booklet entitled "Registration
					Procedures for Landing Areas in Alabama". This booklet will contain a "State
					Registration Form" that must be completed and returned to the Department before
					any construction of the proposed landing area begins. The "State Registration
					Form" will constitute a formal application for the proposed new landing area.
					The application will not be considered without a determination of no objection
					issued by the FAA.
(3) A drawing
					depicting the proposed development, property boundaries, and a location map
					must be submitted to the Department with the completed State Registration form.
					The drawing must show the proposed runway location and orientation on the
					property. All adjacent property owners by name and address must be included on
					the drawing. Documentation evidencing that local zoning requirements have been
					met and approval received from the appropriate government agency must be
					included with the submittal. In the event that no zoning ordinances exist for
					the proposed location, a written statement of fact from the appropriate
					government agency must be submitted.
(4) The Department will assign an Airport
					Inspector to visit the proposed site to determine if an airport can be
					constructed at the location and, that if constructed, will conform to standards
					set forth in this chapter. The site inspection will take into consideration the
					amount of land available for construction of the runway and the present use of
					the land contained in the approach and departure paths. Other considerations
					are the type of activities to be conducted at the airport and what obstructions
					must be removed. After the effective date of this chapter, all proposed public
					use airports must control, by ownership or legal contract with the legal owner,
					the area of land on which the airport is to be constructed and the land
					described as the approach and departure path for each runway end. (Ref.
					60-X-3-.12(1))
(5) The Inspector
					will file a report with the Director after the site visit and recommend that a
					site approval certificate be issued or denied. A copy of the report will also
					be forwarded to the applicant of the airport by registered mail. A
					recommendation of denial will be accompanied by an explanation of the
					circumstances that justify this decision. If there are items that can be
					corrected to meet the requirements for issuance, these will be included in the
					explanatory statement of denial. If the Director issues the certificate for
					approval of the site all adjacent property owners identified on the application
					will be mailed a Notice of Intent form. The property owners, or any person,
					affected by a decision of the Director granting or denying the permit has
					thirty (30) days to file an appeal with the Department for reconsideration. The
					appeal must be in writing and received at the offices of the Department within
					thirty (30) days of the Director's decision. A request for a public hearing
					must be made within fifteen (15) days of the order granting or denying the site
					approval. If a hearing on the matter becomes necessary, the Director will
					initiate such a hearing in accordance with applicable state law.
Author:
ADA
Statutory Authority:
Code of Ala.
							1975
, §§
										4-2-33,
							4-2-37.