Here’s the information needed to comment on the new 5190.6B Airport Compliance Manual/Grant Assurance Compliance requirements via the Federal Register. Please forward the information below to all HOA owners asap.

I’ve included a sample above for everyone as reference. Please do it in your own language, but these are the salient points, done very well by Dave Sclair ( livingwithyourplane.com/)

Go to www.throughthefence.org/ Note the comments on Erie that I posted (including some typos), then click on the link to the Docket Folder Register. Please also send a small contribution to this organization so we can commence the legislative fight. Please also copy AOPA: bill.dunn@aopa.org with the comments so they can double dip with FAA and present your comments as well.

Everyone with a vested interest in the TTF issue at the airport, including commercial TTF users should be aware of this problem, and comment to the Fed! No excuses!

R. Scott deLuise, CCIM, SPPA

Comments on Draft Memorandum from
Dave Sclair, editor Living With Your Plane
Ben Sclair, publisher, Flyer Media Inc, dba General Aviation News

Compliance Guidance Letter 2009-1-Through-the-Fence and On-Airport Residential Access
To Federally Obligated Airports

The premise for the FAA objections to so-called Through-the-Fence operations is based on the assumption that residential airparks are a non compatible use of property adjacent to public-owned airports.

It is my contention that this is an erroneous assumption for the following reasons:

1. Persons acquiring residential airpark property are individuals who do not consider airport noise, aroma or regulations as problems. They acquire property on a residential airpark because they want to be at the airport.
2. Residential airpark property owners pay their fair share of taxes and fees by virtue of Through-the-Fence fees, real estate and personal property taxes. In studies made by Living With Your Plane property values on residential airparks usually are 10-20 percent higher than like property in the same community not on a residential airpark.
3. Airpark property deeds can include restrictions on noise and other complaints against the airport.
4. There is no evidence that residential airpark property owners complain about airport noise or other conditions.
5. Security at public airports is enhanced by the proximity of residential airpark residents who are interested and knowledgeable of aviation activities.
6. Residential airpark property owners are strong contributors to the financial success of on-airport operators through their purchases of fuel, maintenance, avionics, instruction, etc.
7. On airport hangar homes provide similar benefits to the airport and its tenants, ie, FBOs, fuel sales, rent and higher property value.

FAA cites its expenditures to purchase homes adjacent to or near airports because of noise complaints and safety issues. These issues have been created at Part 121 airports. There is no evidence that any residential airparks have been proposed or developed adjacent to or on any Part 121 airport.

It is my opinion that FAA can easily continue improving public-owned airports through AIP funding at airports without Part 121 operations without disturbing or objecting to Through-the-Fence residential airparks. Only at Part 121 Airports is there a question of incompatible land use from an adjacent residential airpark.

When FAA requires airports receiving AIP grants to zone adjacent land in a certain manner, at the same time it can require deed restrictions to enhance the compatibility of land use.