So, I Guess It's OK for an Aiport NOT to be on a Sectional

[Jim Logajan]

You don't need PERMISSION.

You must file NOTICE TO CONSTRUCT. That's the law.

It is always helpful to provide a citation for those who are wondering; in this case the applicable law is 14 CFR part 157:
http://www.law.cornell.edu/cfr/text/14/part-157

The form to be filled out:
http://www.faa.gov/documentLibrary/media/Form/FAA_7480-1-10-14_rev.pdf

According to the form, failure to file the notice can yield a $1000 fine. As you note, the form is providing information to the government so it can issue a determination that is advisory only. Even if they find the airport "objectionable" there appears to be nothing they can do to prevent use of it. Also, since some kinds of temporary airports are excluded, one could probably build and use one with the intent of, ahem, just using it "temporarily" and then change its state to permanent within the month or year allowed. I doubt the FAA would go out of its way to gather the evidence needed to apply a $1000 fine for difficult to prove cases.

 

[Jim Logajan]

Hmm. I wonder if that ever happened here.....Might have. They know where we are regardless. FAA guy comes here to do our ops inspection on a regular basis. When did that requirement come about? The runway has been around for over 30 years.

Not that it really matters. Just curious.

The statute that underlies the FAA regs appears to be paragraph (c)(2) in this section:
http://www.law.cornell.edu/uscode/text/49/44502

Just by the information in the notes tab all I can make out is that that paragraph goes back at least to 1994 and probably earlier.

 

[JHW]

sometimes there are hints. For example the inner ring of the kansas city class B has a cutout that starts at elton's but seems to extend to the north of platte city for no reason. There is a landing strip on a farm there that I've drawn in.

 

[overdrive148]

Because if your engine should quit someday and you were without knowledge of a nearby airport you'd be stuck in the air?

 

[JeffDG]

You don't need PERMISSION.

You must file NOTICE TO CONSTRUCT. That's the law.

And what law is that? US Code reference please.

 

[roncachamp]

You don't need PERMISSION.

You must file NOTICE TO CONSTRUCT. That's the law.

Many of these "airports" were established without anything resembling CONSTRUCTION.

 

[Greg Bockelman]

Many of these "airports" were established without anything resembling CONSTRUCTION.

True that. Just a flat piece of ground and a Brush Hog.

 

[flyingron]

49 USC 106 is the enabling statute. 14 CFR 157.5 is the specific requirement.

 

[Greg Bockelman]

Webster, in one of its definition of Civil, states:

: of, relating to, or involving the general public, their activities, needs, or ways, or civic affairs as distinguished from special (as military or religious) affairs

Does a PRIVATE airport rise to that definition? Since the airport is not intended for use by the general public, does this regulation even apply?

 

[flyingron]

As far as the US law goes, civil means not military or public (other government non-military stuff). Private airports are civil, the rule in 157.7 applies, you must file a notice of intent. The FAA will make a determination but it means little to you (you're not obliged to wait for them nor abide by any suggestions they make).

The FAA pretty much wholesale accepts whatever the owner puts down on the form. The developer of our strip made up all sorts of grandiose bullcrap that I got rid of as soon as I was able to convince the Atlanta ADO that I was the current representative of the owner. Still it takes like three cycles to get anything changed (and even then they tend to screw it up).

 

[Jim Logajan]

Many of these "airports" were established without anything resembling CONSTRUCTION.

Webster, in one of its definition of Civil, states:

of, relating to, or involving the general public, their activities, needs, or ways, or civic affairs as distinguished from special (as military or religious) affairs

Does a PRIVATE airport rise to that definition? Since the airport is not intended for use by the general public, does this regulation even apply?

The statute from which the FAA regulation is derived does not use the word "civil" and uses the phrase "established or constructed," not just "constructed." This is the original text:

To ensure conformity, an airport or landing area not involving the expenditure of Government money may be established or constructed, or a runway may be altered substantially, only if the Administrator of the Federal Aviation Administration is given reasonable prior notice so that the Administrator may provide advice on the effects of the establishment, construction, or alteration on the use of airspace by aircraft.
​

Reference: http://www.law.cornell.edu/uscode/text/49/44502

I'm not sure the point of the FAA regulation, given that the regulation allows temporary airports without notice, which I presume would have an effect on safety not much different (while operational) from a low use permanent airport.

 

[N801BH]

Here is what I needed back in 2000 /2001 to get my private airport legal...

First I applied to Sublette County Wy planners for a airstrip..

They requested an approved FAA 7460-1 form.. That let the FAA do an airspace study , location study and some other criteria they had to confirm...

I got that approval back and submitted it to the planning board and applied for a "conditional use permit"...

( The gal, Marsha Hofer) in the Denver office of the FAA was outstanding in helping me with the 7460-1 legal stuff... I did ALL the paperwork myself as I am too cheap to hire an attorney for easy stuff.

Planning dept put it on the agenda and I needed three reading on three separate public meetings..

Then it went to the county for three more public hearings....

That got it legal in the state, local and federal levels..

I did check the box to have the airport included on the charts and databases...

Two printing cycles went by and NO airport.. Before I could call to *****... they called me from the "charting office" in DC... They wanted 25 bucks to include it on the charts, or for NO charge I could keep it off... I politely asked to see the forms needed to send in the money and they quickly said... " no problem sir, we will just add it to the database and charts for free"..

It has been on there for 13 years................ So far.... YMMV...

 

[Tom-D]

Because you can't legally establish an airport without filing the notice to construct. Once you file the notice, they'll allocate an ID.

Who says that landing strip is an airport?

I know two that are not, one is a portion of a meadow and one that's a driveway.

Both on private property, and neither on a sectional.