Public Airport Planning in Colorado
| Publication year | 1991 |
| Pages | 1189 |
| Citation | Vol. 20 No. 6 Pg. 1189 |
1991, June, Pg. 1189. Public Airport Planning in Colorado
The relationship between airports and their neighbors historically has given rise to considerable complex, protracted and expensive litigation. Much of this litigation has focused on two problem areas: minimizing the impact of airport noise and keeping the airspace along approaches to the airport's runways clear of obstacles. The impact of airport noise on nearby communities has provoked the lion's share of litigation.(fn1) Fortunately, both problems can be avoided through a preventive law approach to airport planning.
Additionally, appropriate planning--- fully and properly implemented and continuously updated in light of changing circumstances---can benefit the public by assuring that such valuable public facilities remain able to serve the public's demands, free of restraints on capacity such as slot allocation programs or curfews.
This article reviews a number of planning issues---ranging from noise compatibility to financing---that face airport developers and local governments.
Land use zoning, where usable, can be the most cost-effective method for assuring that the noise generated by aircraft using an airport does not provoke (1) litigation in inverse condemnation(fn2) against the airport operator or (2) citizen animosity, which may create political pressure to restrain the airport's operations. Zoning is a fundamental airport planning tool that long has been recognized as a valid exercise of the police power to protect public health, safety and welfare by preventing noise-sensitive land uses (such as residences, schools and hospitals) from being constructed in areas impacted by high levels of aircraft noise.(fn3)
Airport planners must predict accurately an airport's "noise footprint" as it will fall on surrounding land.(fn4) It generally is accepted that noise levels as low as 65 Ldn(fn5) are incompatible with the reasonably quiet enjoyment of residential property. Consequently, areas in which airport noise will meet or exceed the 65 Ldn noise contour must be zoned for uses that are less sensitive to noise. Airport industrial parks have been particularly successful in these noisier areas because industrial workers typically work with such noisy machinery that aircraft pass overhead unnoticed. The proximity of the airport as a transportation hub often increases the value of such properties for industrial use.
A problem occurs in cases where the 65 Ldn noise contour extends beyond the territorial jurisdiction of the local government owning the airport, or where the airport is being built by a regional airport authority not possessing the police power to zone (as is the case in Colorado).(fn6) In such a situation, the cooperation of the county or municipal governments having zoning jurisdiction over the affected areas must be enlisted to enact zoning for noise-compatible land uses. Such intergovernmental cooperation can be a key to the airport's long-term viability. Early establishment and continual nurturing of a constructive working relationship with surrounding local governments is important for conflict avoidance.(fn7)
Condemnation under the power of eminent domain is another fundamental airport planning tool that may be used to acquire both land and "avigation easements" over properties in the airport's vicinity.(fn8) The land needed for the airport's actual structures and facilities includes not only runways, ramps, terminals and hangars, but also runway approach lighting structures and radio navigational transmitter installations. Beyond that, there is no hard-and-fast rule for determining whether additional land should be purchased in fee for noise abatement purposes or whether...
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