Land Use Regulation Considerations for Real Estate Transactions
Involving Civil Airports and Surrounding Developments


Appendix

Excerpts from "Airport Environmental Handbook,"
Federal Aviation Administration, (Oct. 8, 1985)


20. GENERAL.

a. In the Airports Program, Federal actions which require environmental processing generally involve the approval of specific projects at specific airports. A series of projects may be grouped into an overall plan for development, with successive phases being contingent upon other events such as a projected increase in traffic or a change in the aircraft using the airport. Such programs for development will usually be the subject of tiered environmental actions (see paragraph 101 and CEO 1508.28).

b. All Federal actions fall in one of three categories:

(1) Those normally requiring an environmental impact statement (CEQ 1508.11).

(2) Those requiring an environmental assessment (CEQ 1508.9).

(3) Those which are normally categorically excluded (CEQ 1508.4).

21. ACTIONS NORMALLY REQUIRING AN ENVIRONMENTAL IMPACT STATEMENT

a. The following Federal actions will normally require an environmental impact statement:

(1) First time airport layout plan approval or airport location approval (see paragraphs 30 and 32) for a commercial service airport located in a standard metropolitan statistical area.

(2) Federal financial participation in, or airport layout plan approval of, a new runway capable of handling air carrier aircraft at a commercial service airport in a standard metropolitan statistical area.

b. Even though these actions normally require an environmental impact statement, the preparation of the environmental impact statement will usually be preceded by an environmental assessment. If the environmental assessment demonstrates that there are no significant impacts, the action shall be processed as a finding of no significant impact instead of an environmental impact statement.

22. ACTIONS NORMALLY REQUIRING ENVIRONMENTAL ASSESSMENT

a. Federal financial participation in, or airport layout plan approval of, the following categories of actions shall be subject to the analysis of an environmental assessment and subsequent decision as to whether to prepare an environmental impact statement or a finding of no significant impact.

(1) Airport location.

(2) New runway.

(3) Major runway extension.

(4) Runway strengthening which would result in a 1.5 Ldn or treater increase in noise over an noise sensitive area located within the 65 Ldn contour.

(5) Construction or relocation of entrance or service road connections to public roads which adversely affect the capacity of such public roads.

(6) Land acquisition associated with any of the above items plus land acquisition which results in relocation of residential units when there is evidence of insufficient comparable replacement dwellings, major distribution of business activities, or acquisition which involves land covered under section 4(f) of the DOT Act (recodified 49 USC Subtitle I, section 303, January 12, 1983).

(7) Establishment or relocation of an instrument landing system, or an approach lighting system.

(8) An airport development action that falls within the scope of Paragraph 24 or which involves any of the following:

(a) Use of section 4(f) land.

(b) Effect on property included in or eligible for inclusion in the National Register of Historic Places or other property of state or local historical, architectural, archeological, or cultural significance.

(c) Land acquisition for conversion of farmland, scoring over 160 on Form AD-1006, protected under the Farmland Protection Policy Act (FPPA) to nonagricultural use through federal financial assistance or through conveyance of government land.

(d) Wetlands, coastal zones, or floodplains.

(e) Endangered or threatened species.

b. FAA requests for conveyance of government land for airport purposes under section 516 of the 1982 Airport Act unless the Proposed use of the land falls within the scope of paragraph 23 (see paragraph 34 for more detailed instructions).

c. The actions identified in this paragraph shall be supported through one of the following action choices based upon an environmental assessment:

(1) Environmental impact statements.

(2) Findings of no significant impact (see paragraph 27).

d. Actions identified in this paragraph may be the subject of written reevaluations of previously approved environmental impact statements or findings of no significant impact. (See paragraph 103).

23. CATEGORICAL EXCLUSIONS.

a. Unless specifically covered by paragraphs 21, 22, 24, or 26, the items below are categorically excluded from the requirement for formal environmental assessment. Paragraphs 21 and 22 identify specific airport actions such as major runway extensions which require, as a minimum, an environmental assessment. Paragraph 24 identifies extraordinary circumstances which create a requirement for environmental assessment of actions otherwise excluded. Paragraph 26 deals with cumulative impact. For an of the following specific items, paragraphs 21, 24, and 26 shall be reviewed.

(1) Runway, taxiway, apron, or loading ramp construction or repair work including extension, strengthening, reconstruction, resurfacing, marking, grooving, fillets and jet blast facilities, and new heliports on existing airports, except where such action will create environmental impacts off airport property.

(2) Installation or upgrading of airfield lightinq systems, including runway end identification lights, visual approach areas, beacons and electrical distribution systems.

(3) Installation of miscellaneous items including segmented circles, wind or landing direction indicators or measuring devices, or fencing.

(4) Construction or expansion of Passenger handling facilities.

(5) Grading or removal of obstructions on airport Property and erosion Construction, relocation or repair of entrance and service roadway.

(6) Control actions with no off-airport impacts.

(7) Landscaping generally, and landscaping or construction of physical barriers to diminish impact of airport blast and noise.

(8) Projects to carry out noise compatibility programs.

(9) Land acquisition and relocation associated with any of the above

(10) Federal release of airport land (see Paragraph 3).

(11) Removal of a displaced threshold.

b. The following items are not subject to the paragraphs listed in a. above and are categorically excluded:

(1) Acquisition of an existing privately owned airport, as long as acquisition only involves change of ownership.

(2) Acquisition of: security equipment required by rule or regulation for the safety or security of personnel and property on the airport (14 CFR Part 157), safety equipment required by rule or regulation for certification of an airport (14 CFR Part 139) or snow removal equipment.

(3) Issuance of airport planning grants.

(4) Airport Improvement Program actions which are tentative and conditional and clearly taken as a preliminary action to establish a sponsor's eligibility under the program.

(5) Retirement of the principal of bond or other indebtedness for terminal development.

(6) Issuance of airport policy and planning documents including the National Plan of Integrated Airport Systems (NPIAS), Airport Improvement Program (AIP) priority system, advisory circulars on planning, design, and development programs which are not intended for direct implementation or which are issued by FAA as administrative and technical guidance to the public.

(7) Issuance of certificates and related actions under the Airport Certification Program (14 CFR Part 139).

(8) Issuance of grants for preparation of noise exposure maps and noise compatibility programs per sections 103(a) and 104(a) of the Aviation Safety and Noise Abatement Act of 1979 and 14 CFR Part 150 determinations on noise exposure maps and approval of noise compatibility programs.

(9) Airspace determinations (see paragraph 25, Advisor Actions).

24. EXTRAORDINARY CIRCUMSTANCES.

Proposed Federal actions which are normally categorically excluded but which have any of the following characteristics shall he the subject of an environmental assessment. The FAA will determine, in accordance with paragraph 51, whether the action will be the subject of an environmental impact statement or finding of no significant impact.

a. An action that is likely to have an effect on properties protected under section lOfi of the Historic Preservation Act of 1966, as amended, or use section 4(f) lands (see paragraphs 47e(8) and 47e(7), respectively), or involve acquisition and conversion of farmland scoring over 160 on Form An-lOOfi and protected under the FPPA to nonagricultural use through Federal financial assistance or through conveyance of government land (paragraph 47e(16)).

b. An action that is likely to be highly controversial on environmental grounds. A proposed Federal action is considered highly controversial when the action is opposed on environmental grounds by a Federal, state, or local government agency or by a substantial number of the persons affected by such action. If the responsible official has any doubt whether a riven number of opposing persons is "substantial," that doubt shall be resolved by discussion with APP-fiO0 to determine if the action should be processed as a highly controversial one.

c. An action that is likely to have a significant impact on natural, ecological, cultural, or scenic resources of national, state, or local significance (refer to appropriate subparagraphs under 47e, Chapter 5).

d. An action that is likely to be highly controversial with respect to the availability of adequate relocation housing. In an action involving relocation of persons or businesses, a controversy over the amount of the acquisition or relocation payments is not considered to be a controversy with respect to availability of adequate relocation housing.

e. An action that is likely to:

(1) Cause substantial division or disruption of an established community, or disrupt orderly, planned development, or is likely not to be reasonably consistent with plans or goals that have been adopted by the community in which the project is located; or

(2) Cause a significant increase in surface traffic congestion.

f. An action that is likely to:

(1) have a significant impact on noise levels of noise sensitive areas;

(2) have a significant impact on air quality or violate the local, state, or Federal standards for air quality;

(3) have a significant impact on water quality or contaminate a public water supply system; or

(4) be inconsistent with any Federal, state, or local law or administrative determination relating to the environment.

g. Other action that is likely to directly or indirectly affect human beings by creating a significant impact on the environment.

47. Format and content of environmental assessment. (Summarized)

a. Cover sheet.

b. Purpose and need.

c. Alternatives (Including proposed action)

(1) [CEQ regulations to be complied with in consideration of alternatives]

(a) §1502.1
(b) §1502.2
(c) §1502.14
(d)-(h) §1502.14(a)-(f)

(2) [FAA official responsible to apply CEQ regulations, No action alternative to be considered.]

(3) [Alternatives to be considered]

(a) List compiled.

(b) Identify sponsors proposal.

(c) Concise statement explaining why certain proposals have been eliminated.

(d) List under each alternative of potential significant impacts.

(e) List under each proposal any applicable Federal, state or local law or regulation requiring permits or licenses.

(f) Graphics as appropriate.

d. Affected Environment.

(1) Locations maps, vicinity map, and airport layout map.

(2) Existing and planned land uses and zoning in the vicinity.

(3) Nearby schools and places of public assembly.

(4) Population, industrial, and commercial growth characteristics.

(5) Any contemplated future actions.

(6) Other planned and developed activities at the affected area.

e. Environmental Consequences - Specific Impact Categories.

(1) Noise.

(2) Compatible land use.

(3) Social Impacts.

(4) Induced economic Impacts.

(5) Air Quality.

(6) Water Quality.

(7) DOT Act section 4(f), (49 U.S.C. Subtitle I, §303).

(8) Historic, Architectural, Archeological, and Cultural Resources.

(9) Biotic Communities (including both flora and fauna).

(10) Endangered and Threatened Species of Flora and Fauna.

(11) Wetlands.

(12) Floodplains.

(13) Coastal Zone management Program.

(14) Coastal Barriers.

(15) Wild and scenic rivers.

(16) Farm land.

(17) Energy supply and natural resources.

(18) Light emissions.

(19) Solid Waste Impact.

(20) Constructions Impacts.

f. Environmental Consequences - other considerations.

(1) Possible conflicts with Federal, regional, State and local land use plans.

(2) Inconsistency with State or local plan and laws relating to the environment.

(3) Means to mitigate adverse environmental impacts.

(4) Degree of environmental controversy.

g. Preparers. Identify all preparers of the EA.

h. Appendices.

(1) Supporting documents.

(2) Any air or water quality certifications.

(3) Listing of agencies and persons consulted.

(4) Evidence of coordination with other state and local officials.

(5) A summary of citizen involvement and public hearings.

(6) Any cost-benefit analysis done by the sponsor.



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