Ala. Admin. Code r. 450-9-3-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 450-9-3-.06 - Landing Area Application Procedures

(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

Ala. Admin. Code r. 450-9-3-.06

New Rule: Filed January 28, 1998; effective March 4, 1998.

Statutory Authority:Code of Ala. 1975, §§ 4-2-33, 4-2-37.