HomeMy WebLinkAboutFresno Police Dept Interdepartmental MOU Regarding The Use Of Police AG Farm 7-1-23
CITY OF FRESNO
INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING
REGARDING THE USE OF POLICE AG FARM
Between
AIRPORTS DEPARTMENT
And
FRESNO POLICE DEPARTMENT
DocuSign Envelope ID: 69703F4C-4AFF-44B3-BC75-25046493B8C8
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This INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING
(Agreement) is entered July 1, 2023, by and between the Airports Department (Airports),
and the Fresno Police Department (Police), both of which are departments of the City of
Fresno, a municipal corporation (City).
RECITALS
WHEREAS, the City owns airport enterprise property commonly known as the Ag
Farm, that is identified on the Federal Aviation Administration approved Airport Layout
Plan and more specifically located at the southwest corner of East Dakota Avenue and
North Chestnut Avenue (Use Area); and
WHEREAS, the parties desire that Police continue using the Use Area for the
purpose of operating and maintaining a K-9 Unit Training and Horse Mounted Patrol Unit
facility that was originally developed in 1990; and
WHEREAS, the current agreement expired on June 30, 2023, and parties desire
that Police continue using the parcel as stated in this Agreement; and
WHEREAS, the Use Area may be used for non-aeronautical purposes upon terms
and conditions consistent with federal regulatory policy requirements including but not
limited to the Federal Aviation Administration (FAA) Grant Assurances attached to this
Agreement as Exhibit C and incorporated herein; and
WHEREAS, the Surplus Land Act does not apply as this is an interdepartmental
lease because the User Area will be used for agency use; and
WHEREAS, FAA policy requires the payment of fair market value rent for the non-
Aeronautical use of airport property including the Use Area by Police and
WHEREAS, it is not the intent of Airports and Police to create any new restrictions
or new regulations applicable to the City of Fresno by the creation of this Agreement but
rather to establish guidelines for how the Use Area is utilized and to establish a rental
agreement in compliance with Federal Regulations.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants set forth below, the parties have entered into this Agreement to establish the
terms and conditions pursuant to which Police shall have a non-transferable use of the
Use Area, all as follows:
ARTICLE I
DESCRIPTION OF USE AREA
The Use Area consists of approximately 9.57 acres located at 4719 East Robinson
Avenue, Fresno, CA (APN 438-11-144T), described in Exhibit A attached hereto and
made a part hereof. Police shall accept the Use Area in an “as is” condition.
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ARTICLE II
PERMITTED USES
Police shall use the Use Area only for the operation and maintenance of its K-9
Unit and Horse Mounted Patrol and other animal-related law enforcement purposes and
for no other purposes.
ARTICLE III
GENERAL PROVISIONS CONCERNING THE MANNER OF USE
The following general provisions shall be applicable to Police’s use of the Use Area:
1. The Area shall be inspected, environmentally assessed, improved,
operated and maintained by Police and all costs thereof including the
preparation of said Use Area and all expenses thereof, and all tools and
labor necessary thereof, shall be at the sole cost and expense of Police.
2. Police shall have and enjoy the right of ingress to and egress from the Use
Area subject only to such reasonable rules and regulations as may be
established by Airports. Such right of ingress and egress shall likewise
apply to Police’s employees, agents, patrons, invitees, suppliers and
authorized persons including the right of transportation of equipment,
materials, machinery and other property to and from the Use Area.
3. Police shall provide at Police’s sole cost and expense, any and all permits,
licenses, fees, etc. that may be required of the City to conduct its intended
operations within the Use Area.
ARTICLE IV
DEVELOPMENT STANDARDS
1. Police will not make any alterations, changes, or improvements to the Use
Area without the expressed written consent of the Airports Director.
2. Police shall not erect nor permit the erection of any improvements on the
Use Area, which would be an airport hazard within the standards
established by Part 77 of the FAA as now existing or as may hereafter be
modified, or otherwise impact Terminal Instrument Procedures (TERPS), as
determined by FAA.
3. Police shall not engage in or conduct or permit the conduct of any activity
of any kind on the Use Area which will interfere in any manner with the
operation of the Fresno Yosemite International Airport as an airport or with
aircraft operations or related operations conducted on the airport by the City
or its lessees, and shall not make use of said Use Area in any manner which
might interfere with the landing and taking off of aircraft, the operation of the
approach lighting system, or the operation of the instrument landing system
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as each presently exists or may hereafter be modified, or otherwise
constitute an airport hazard.
4. Airports or any of its authorized officers and employees shall, at all
reasonable times, have the right to enter upon the Use Area, either in
person or by nominee, for any lawful purpose/use including inspecting the
Use Area to ascertain the condition thereof and whether the covenants of
this Agreement are being kept, observed and performed.
5. Police understand that the Use Area is in the Runway Protection Zone of
the Fresno Yosemite International Airport and as such, Police understand
there are particular restrictions in which the area can be developed, used,
and/or maintained. Police also understand that these restrictions may
change over time due to evolving FAA regulations and/or modifications to
the airport including but not limited to, runway alterations, expansions, and
CNEL Noise Contours.
6. Any and all development of the Use Area shall conform to all applicable
codes, ordinances, regulations and development standards of the City or
other authority having competent jurisdiction over such development to the
extent they apply to the City for the type of development considered. All
building, regulatory and other permits and approvals if required shall be
obtained and paid for by Police. Nothing in this section is intended to impose
any new or additional requirements or restrictions that would not otherwise
exist for the City.
7. Police, at its sole cost agrees to operate and maintain the facility within the
Use Area, per Exhibit A, which improvement shall be and remain the
property, liability, and responsibility of Police at all times during the course
of this Agreement.
8. Police shall provide Airports with as built drawings, maps, and other related
data of all such existing and hereafter made improvements.
ARTICLE V
TERM
This Agreement shall be effective retroactively to July 1, 2023, and shall remain in
full force and effect, for a base term expiring June 30, 2033. Either party shall have the
right, at any time, to terminate this Agreement upon giving advance written notice of not
less than 60 days to the other party.
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ARTICLE VI
RENT
A. ANNUAL RENT AND DUE DATE
The Fair Market Rent (FMR) is defined as 10% of the Market Value of the Use Area is
based on the Market Value of the property. The property as determined to be $43,991.64
per acre by an appraisal performed by The Dore Group and completed on July 14,
2023. Therefore, the 2023 Fair Market value of the 9.57 acres of this Use Area is thus
determined to be $421,000.00, and the Annual Fair Market Rent is $42,100.00. However,
Annual Rent will remain at $20,737.76 for the first year of the agreement to allow agency
to enter increases into budgets.
B. RENTAL ADJUSTMENTS
July 1, 2024 $27,858.51/year ($2,321.54/month)
July 1, 2025 $34,79.25/year ($2,914.94/month)
July 1, 2026 $42,100.00/year ($3,508.33/month)
Commencing on the first day of the 5th Fiscal Year (July 1, 2027), and then
annually thereafter on the first day of each successive Fiscal Year throughout the life of
this Agreement, the amount of annual rent to be paid to Airports by Police shall be subject
to increase, by an amount equal to the percentage change (increases only) in the U.S.
Department of Labor, Bureau of Labor Statistics (USDLBLS) Consumer Price Index (CPI)
for Urban Wage Earners and Clerical Workers (all items, U.S. city average) from January
1 to December 31 during the last full calendar year prior to the scheduled rental
adjustment date. At no point shall the Base Rent decrease below the prior year’s rental
amount. The base year for this agreement shall be 2022.
The amount of all such annual adjustments shall be determined in the manner
illustrated within the worksheet entitled "Illustration of Annual Rental Adjustment
Computation", which is attached as Exhibit B hereto and made a part hereof.
Commencing July 1, 2027, and annually thereafter, prior to the end of each fiscal year,
Airports shall complete the worksheet described in Exhibit B and provide a copy to
Police. This will serve as notice of the rent amount due for the upcoming Fiscal Year.
C. LATE PAYMENT CHARGE
Should any installment of rent or any other charges accruing to Airports under the
provisions of this Agreement not be received by Airports within five (5) calendar days after
such shall become due, a late payment charge equal to one and one half percent (1.5%)
of the overdue amount added thereto and constituting a part thereof shall be imposed by
Airports each and every month until the entire delinquent amount is received by Airports.
ARTICLE VII
MAINTENANCE, ALTERATIONS & REPAIR, REMOVAL & DEMOLITION
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A. MAINTENANCE
Police shall, at all times during the life of this Agreement, at no cost or expense to
Airports, keep and maintain its improvements and the Use Area in good order and repair,
and in a clean, sanitary, and neat condition. Maintenance of the Use Area includes but is
not limited to landscape, including perimeter area, and all fencing surrounding the Use
Area.
Police shall, at all times, remain in compliance with the applicable portions of FAA
Advisory Circular No. 150/5200-33C, entitled “Hazardous Wildlife Attractants on or Near
Airports” which is attached as Exhibit D hereto and incorporated herein, and shall
complete and submit to Airports within 60 days, a Hazardous Wildlife Mitigation Plan
pertinent to the approved use of the Use Area. Police shall also be required to provide
written changes to any such plan to the Airports for review and approval.
Police shall, at all times, keep the Use Area and all fixtures, equipment and
personal property in a clean and orderly condition and appearance. Police shall repair,
replace, rebuild and paint all or any part of the improvements within the Use Area which
may be damaged or destroyed by acts or omissions of Police or by those of its officers,
employees, guests, invitees or of other persons.
Police shall take such care of the Use Area and all parts thereof at all times during
the term of this Agreement, that at the expiration or termination thereof the premises shall
be in as good condition as at the time of the effective date of this Agreement, except for
reasonable wear and tear.
B. ALTERATIONS & REPAIRS
Police shall have the right, at its sole cost and expense, to operate and maintain
within and on the Use Area any improvements, which may be considered as necessary
or useful to its operations; provided, however, any construction, alterations or
improvements are subject to Articles III & IV above, and Article X below, and shall be
commenced only after plans and specifications therefore have been submitted to and
approved in writing by Airports.
Police shall, at no cost or expense to Airports, make any additions or alterations,
operate, maintain, improve and repair all facilities and other improvements as may be
required at any time in order to comply with legal and regulatory requirements and third
party contractual obligations (including but not limited to FAA Advisory Circular 150/5200-
33C) imposed upon Airports in connection with or for the use of such Use Area or any
part thereof and shall otherwise observe and comply with any and all applicable public
laws, ordinances, regulations, and orders of competent governmental authority applicable
to the City for the Use Area. Any request for improvements must be submitted in writing
for review and approval by Director of Aviation and, if necessary, Federal Aviation
Administration.
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C. HOLD HARMLESS / INDEMNIFICATION
There is reserved to Airports, its successors and assigns, for the use and benefit
of the public, an easement and right of flight for the passage of aircraft in the air space
above the surface of the Use Area, together with the right to cause in said air space such
noise, fumes, and exhaust as may be inherent in the operation of aircraft now known or
hereafter used for navigation or flight in the air space for landing at, taking off from, or
operating on the Fresno Yosemite International Airport. Airports assumes no liability for
damage to Police’s equipment which may result from such flight operations at the Fresno
Yosemite International Airport and Police agrees to hold Airports harmless for such
damage which may result therefrom.
Police shall hold Airports completely harmless and indemnify, protect and defend
Airports and Airports’ officials, officers, employees, volunteers and agents against any
and all claims, judgments, fines, penalties, forfeitures, damages, demands, liabilities,
suits, notices, costs and expenses (including all reasonable costs and expenses for
investigation and defense thereof [including, but not limited to attorney fees, court costs
and expert fees]), or any one, more or all of these, of any nature whatsoever, arising or
allegedly arising, directly or indirectly, out of, as a result of, or incident to, or in any way
connected with this Agreement or: (1) Police's occupancy(ies) and/or use(s) of any part
or all of the Use Area; (2) Police's exercise of any one, more or all of the rights and
privileges herein granted; (3) any breach or default in the performance of any obligation
on Police's part to be performed under the terms of this Agreement; and/or (4) any act(s)
or omission(s) on the part of Police and/or any officer(s), agent(s), employee(s),
contractor(s), sub-contractor(s), servant(s), or representative(s) of Police during the life
hereof, except for any claims, judgments, fines, penalties, forfeitures, damages,
demands, liabilities, suits, notices, costs and expenses, or any of these, caused solely by
the active negligence or by the willful misconduct of Airports or any of its officials, officers,
agents, volunteers or employees acting within the scope of their duties for Airports.
Airports shall give to Police reasonable notice of any such claims or actions.
The provisions of this section shall survive the termination of this
Agreement.
D. EXEMPTION OF AIRPORT
Police hereby specifically warrants, covenants and agrees that Airports shall not
be liable for injury to Police's business or any loss of income therefrom or for damage to
the goods, wares, merchandise or other property located in, upon or about the Use Area
or elsewhere on Airport under authority hereof, whether belonging to Police, or Police’s
employees, customers, agents, contractors, sub-contractors, tenant, sub-lessee of
Police, or any other person whomsoever. Nor shall Airports be liable for any injury to
Police's employees, agents, contractors, subcontractors, tenants, sub-lessees,
customers, or invitees, whether or not said damage or injury is caused by or results from
fire, steam, electricity, gas, water or rain, or from the leakage, breakage, obstruction or
other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting
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fixtures, or from any other cause, whether or not the said damage or injury results from
conditions arising in or on any part or all of the Use Area or in or on any of the
improvements/facilities appurtenant thereto located therein or thereon, or from other
sources or places, and regardless of whether or not the cause of such damage or injury
or the means of repairing the same is inaccessible to Police. Police also covenants and
agrees that Airports shall not be liable for any damages arising from any act or neglect
on the part of any third parties.
ARTICLE VIII
UTILITIES
Police shall pay all utilities costs associated with its use of the Use Area including,
but not limited to, all electricity, gas, telephone and any other utility service it may require.
Police agrees that all charges for such services shall be paid prior to delinquency and
that Airports shall be protected and held harmless therefrom.
ARTICLE IX
TAXES AND ASSESSMENTS
In addition to the rental provided for herein, should any tax or assessment of any
kind become legally authorized to be assessed against the Use Area or any
improvements thereon or any interest therein, Police shall cause it to be paid, at no cost
or expense to Airports, when due.
ARTICLE X
RULES AND REGULATIONS
Police shall observe, obey, and comply with any and all applicable rules,
regulations, laws, ordinances, statutes or orders of any governmental and regulatory
authority lawfully exercising authority over the City, Airport, the Use Area, the ground
water/water quality, the public facilities used in connection therewith, or otherwise having
authority over Police’s conduct of its activities and operations hereunder.
Police agrees to abide by the rules; regulations and orders of the FAA or such
other successor agency as may hereafter be designated by the Federal Government with
respect to aircraft and Airport operations. This includes the requirement to comply with
all FAA and Airport safety and security rules, regulations and plans. The Police shall
cause Airports to be fully protected and held harmless against any and all claims,
demands, damages, fines or penalties of any nature whatsoever which may be imposed
due to any violation caused directly or indirectly by the act, omission, negligence, abuse
or carelessness on the part of Police, its employees, agents, visitors, suppliers or invitees.
The “Assurances required by the Federal Aviation Administration” including, but
not limited to those set forth in Exhibit C of this Agreement, are binding contractual
obligations between the City and the Federal Aviation Administration as a condition of the
receipt of federal financial assistance for the airport. Police shall faithfully comply with
each and all of such “Assurances required by the Federal Aviation Administration” as
applicable throughout the life of this Agreement.
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ARTICLE XI
ASSIGNMENT, SUBLEASE AND TRANSFER
Police shall not assign, sublease otherwise transfer, or encumber this Agreement,
the Use Area, or any interest therein without the prior written consent of Airports.
ARTICLE XII
EMINENT DOMAIN
In the event that the Government of the United States takes over the operation of
the Airport or any part thereof included in this Agreement by requisition or other unilateral
action as the result of a national emergency, Airports shall be relieved of any liability
incurred hereunder to Police.
In the event that the Government of the United States takes over such operation
as aforesaid, the Airport shall promptly return on a pro-rata basis any then unearned rent
paid by Police hereunder. It is further agreed that, if compensation is awarded by the
Government of the United States because of taking over such operations as aforesaid,
Police shall be entitled to share in such award to the extent of its interest therein, based
on the value of the unexpired term of this Agreement as such value shall be determined
in the proceedings for the taking of such operations and awarding such compensation.
ARTICLE XIII
TERMINATION AND RESTORATION
At the expiration of this Agreement or any prior termination thereof, Police agrees
to quietly and peacefully surrender possession of the Use Area to Airports with all of the
existing improvements, as well as any and all improvements erected, constructed, and/or
placed in, on or upon the leased premises completely removed; the land shall be restored
to an environmentally clean, properly graded condition free of weeds and rubbish.
ARTICLE XIV
HOLDING OVER
In the event Police should hold over the Use Area beyond the term of this
Agreement, with or without the expressed written consent of Airports, such holding over
shall be construed to be a month-to-month use right only, and Police shall pay annual
rent to Airports and such rental rate is the amount of rent that was due for the prior
Fiscal Year subject to rental adjustments (increases only) as stated in Article VI, Section
B for such year-to-year use rights. Otherwise, such holding over shall be subject to all
the terms, covenants, and conditions of this Agreement.
ARTICLE XV
DEFAULT
In the event that Police shall fail to keep, observe, undertake, fulfill, or perform
any of the terms, covenants, conditions, warranties, agreements, obligations, and/or
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provisions of this Agreement to be kept, observed, undertaken, fulfilled, and/or
performed by Police, and where such failure shall continue for a period of 30 days
following service of written notice thereof upon Police by Airports, Police shall be
declared to be in default and breach of this Agreement; provided, however, that if the
nature of Police’s default is such that more than 30 days are reasonably required for its
cure, then Police shall not be deemed to be in default and breach of this Agreement if
Police commences such cure within said 30-day period and thereafter diligently
prosecutes such cure to completion as soon as reasonably possible.
Following the occurrence of any default and breach of this Agreement by Police as
set forth within this Article, Airports may then immediately, or at any time thereafter,
terminate this Agreement by service of a minimum of ten (10) days advance written notice
to such effect upon Police and this Agreement shall terminate at 11:59:59 p.m., on the
termination date specified within such notice. Such notice shall set forth the following:
1. The default and breach which resulted in such termination by Airports; and
2. A Demand for Possession, which, in the event only ten (10) days advance
notice shall be given by Airports, shall be effective at 12:00:01 A.M., on the
eleventh (11th) calendar day following the date on which the notice in which
such demand is contained shall be sufficiently served Police by Airports in
conformity with the “Notice” provisions of this Agreement; or, if more than
the minimum number of days advance notice shall be given, at 12:00:01
A.M., on the next day following the date specified within such notice as
being the date of termination hereof; and
3. Such notice may contain any other notice which Airports shall be required
or desire to give under this Agreement.
ARTICLE XVI
NOTICES
All notices or demands of any kind which Airports may be required to serve on
Police under the terms of this Agreement, may be served upon Police (as an alternative
to personal service upon Police) by mailing a copy thereof by registered or certified mail,
return receipt requested or via email, addressed to Police:
Fresno Police Department
Business Office
P.O. Box 1271
Fresno, CA 93721
or at such other place as Police may designate to Airports in writing.
All notices or demands of any kind which Police may be required or may desire to
serve upon Airports under the terms of this Agreement, may be served upon Airports (as
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an alternative to personal service upon Airports) by mailing a copy thereof by registered
or certified mail, return receipt requested or via email, addressed to Airports:
City of Fresno - Airports Department
Attn.: Director of Aviation
4995 E. Clinton Way
Fresno, California, 93727
or at such other place as Airports may designate to Police in writing.
In the event of any service by mail, as aforesaid, service shall be deemed to be
complete on the third day after the deposit thereof in the United States mail.
ARTICLE XVII
TERMINATION FOR NON-APPROPRIATION
In the sole event of non-appropriation relating to this Agreement, Police shall have
the right to terminate this Agreement at the end of any Fiscal Year of the City, in the
manner and subject to the terms specified in this paragraph. Police shall endeavor to
give written notice of such termination not less than 60 days prior to the end of such Fiscal
Year and shall notify Airports of any anticipated termination. For purposes of this
paragraph, “non-appropriation” shall mean failure of the City or its governing body to
appropriate money for any Fiscal Year of the City sufficient for the continued performance
of this Agreement by Police. In the event of termination by non-appropriation, Police will
be responsible for all demolition and restoration requirements as detailed in Article XIII.
ARTICLE XVIII
SPECIAL PROVISIONS
A. Airports, in the interest of safety, by and through its Director of Aviation or his
successor in function, shall at all times during the life of this Agreement have the
authority to designate routes to be taken, within the Use Area, by Police and
Police’s employees, delivery agencies, suppliers, visitors, invitees, and others
having business with Police, and by all automobiles, trucks, and equipment. Police
hereby agrees to honor such authority and to use only the routes so designated.
B. There is reserved to Airports, its successors and assigns, for the use and benefit
of the public, an easement and right of flight for the passage of aircraft in the air
space above the surface of the Use Area, together with the right to cause in said
air space such noise, fumes, and exhaust as may be inherent in the operation of
aircraft now known or hereafter used for navigation or flight in the air space for
landing at, taking off from, or operating on the Fresno Yosemite International
Airport. Airports assumes no liability for damage to Police’s equipment which may
result from such flight operations at the Fresno Yosemite International Airport and
Police agrees to hold Airports harmless for such damage which may result
therefrom.
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C. Police shall not erect nor permit the erection of any improvements on the Use Area,
which would be an airport hazard within the standards established by Part 77 of
the FAA as now existing or as may hereafter be modified.
D. Police shall not engage in or conduct or permit the conduct of any activity of any
kind on the Use Area which will interfere in any manner with the operation of the
Fresno Yosemite International Airport as an airport or with aircraft operations or
related operations conducted on the airport by the City or its lessees, and shall not
make use of said Use Area in any manner which might interfere with the landing
and taking off of aircraft, the operation of the approach lighting system, or the
operation of the instrument landing system as each presently exists or may
hereafter be modified, or otherwise constitute an airport hazard.
E. Airports or any of its authorized officers and employees shall, at all reasonable
times, have the right to enter upon the Use Area, either in person or by nominee,
for any lawful purpose/use including inspecting the Use Area to ascertain the
condition thereof and whether the covenants of this Agreement are being kept,
observed and performed.
[Signatures on the following page]
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IN WITNESS WHEREOF, Airports and Police have entered into and executed this
MEMORANDUM OF AGREEMENT as of the day and year first above written.
AIRPORTS DEPARTMENT
CITY OF FRESNO, CALIFORNIA
A Municipal Corporation
By: __________________________
Henry Thompson, A.A.E., IAP
Director of Aviation
APPROVED AS TO FORM:
ANDREW JANEZ
City Attorney
By: __________________________
Brandon M. Collet Date
Supervising Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By: __________________________
Date
Deputy
Address for Notice:
City of Fresno
Airports Department
4995 E. Clinton Way
Fresno, CA 93727
POLICE DEPARTMENT
CITY OF FRESNO, CALIFORNIA
A Municipal Corporation
By: ________________________
Paco Balderrama,
Chief of Police
Address for Notice:
Fresno Police Department
Business Office
P.O. Box 1271
Fresno, CA 93721
Exhibit A - Map of Use Area
Exhibit B - Rental Rate and Adjustment Worksheets
Exhibit C - Assurances required by the Federal Aviation Administration
Exhibit D - Federal Aviation Advisory Circular 150/5200-33C, Hazardous Wildlife
Attractants on or Near Airports
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11/9/2023
11/10/2023
11/10/2023
11/10/2023
EXHIBIT A
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EXHIBIT B
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NOTICE OF ANNUAL RENTAL ADJUSTMENT
(Based on USDLBLS Consumer Price Index FRESNO YOSEMITE INTERNATIONAL AIRPORT
for Urban Wage Earners and Clerical INTERDEPARTMENTAL USE AGREEMENT
DATE:
RE: FRESNO POLICE DEPARTMENT ===================================================
INTERDEPARTMENTAL USE AGREEMENT
USE OF AG FARM
===================================================
USDLBLS CPI - JAN-DEC., 2021 ........... 265.510 *
USDLBLS CPI - JAN-DEC., 2022 ........... 287.984 *
AMOUNT OF CPI CHANGE: ........... 22.5
PERCENTAGE CPI CHANGE: ........... 8.464465%
CURRENT RATE FOR NEW SQ.FT. ........... $42,100.00
NEW SQUARE FOOTAGE ........... 416903
AMOUNT OF ADJUSTMENT: ........... $3,563.54
NEW RATE PER SQUARE FOOT ........... $0.10953
NEW RENTAL RATE: ........... $45,663.54
NEW EFFECTIVE RENTAL: $45,663.54
NEW EFFECTIVE MONTHLY RENTAL: $3,805.29
===================================================
EFFECTIVE: Prepared by: CITY OF FRESNO
DEPARTMENT OF AIRPORTS
PROPERTIES SECTION
MONTHLY RENTAL WILL BE: $3,805.29 4995 EAST CLINTON WAY
FRESNO, CA 93727-1504
TELEPHONE: (559) 621-4500
FACSIMILE: (559) 251-4825
If you have any questions concerning this matter,
please contact the undersigned at (559) 621-4500.
NOTES:* PER USDL/BLS
Airports Properties Supervisor
City of Fresno, Department of Airports
July 26, 2023 3:30 PM
July 1, 2024
ANNUAL RENTAL ADJUSTMENT COMPUTATION
FOR LEASE YEAR COMMENCING:
July 26, 2023 3:30 PM
The rental adjustment calculation shown to the right was
completed in keeping with the intent of the lease for municipal
well operations and maintenance on land owned by Fresno
Yosemite International Airport,
Workers - ALL ITEMS, U.S. CITY AVERAGE)
REVISED SQUARE FOOTAGE
between
THE CITY OF FRESNO - AIRPORTS DEPARTMENT
AND
July 1, 2024
THE CITY OF FRESNO
POLICE DEPARTMENT
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EXHIBIT C
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FAA
Airports
ASSURANCES
AIRPORT SPONSORS
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public-use
airport; the term "private sponsor" means a private owner of a public-use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and
become part of this Grant Agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency
Sponsor.
The terms, conditions and assurances of this Grant Agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for an
airport development or noise compatibility program project, or throughout the useful life of
the project items installed within a facility under a noise compatibility program project, but in
any event not to exceed twenty (20) years from the date of acceptance of a grant offer of
Federal funds for the project. However, there shall be no limit on the duration of the
assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an
airport. There shall be no limit on the duration of the terms, conditions, and assurances with
respect to real property acquired with federal funds. Furthermore, the duration of the Civil
Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph (1) also applies to a private sponsor except that the useful life of
project items installed within a facility or the useful life of the facilities developed or equipment
acquired under an airport development or noise compatibility program project shall be no less
than ten (10) years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25,
30, 32, 33, 34, and 37 in Section C apply to planning projects. The terms, conditions, and
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assurances of this Grant Agreement shall remain in full force and effect during the life of the
project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and
Airport Revenue so long as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and
requirements as they relate to the application, acceptance, and use of Federal funds for this Grant
including but not limited to the following:
FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended.
b. Davis-Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1
c. Federal Fair Labor Standards Act – 29 U.S.C. § 201, et seq.
d. Hatch Act – 5 U.S.C. § 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.
§ 4601, et seq.1, 2
f. National Historic Preservation Act of 1966 – Section 106 – 54 U.S.C. § 306108.1
g. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. § 312501, et seq.1
h. Native Americans Grave Repatriation Act – 25 U.S.C. § 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. § 7401, et seq.
j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. § 1451, et seq.
k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. § 4012a.1
l. 49 U.S.C. § 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 – 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 – 42 U.S.C. § 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968, as amended – 42 U.S.C. § 4151, et seq.1
s. Powerplant and Industrial Fuel Use Act of 1978 – Section 403 – 42 U.S.C. § 8373.1
t. Contract Work Hours and Safety Standards Act – 40 U.S.C. § 3701, et seq.1
u. Copeland Anti-kickback Act – 18 U.S.C. § 874.1
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v. National Environmental Policy Act of 1969 – 42 U.S.C. § 4321, et seq.1
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. § 1271, et seq.
x. Single Audit Act of 1984 – 31 U.S.C. § 7501, et seq.2
y. Drug-Free Workplace Act of 1988 – 41 U.S.C. §§ 8101 through 8105.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as
amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259.
bb. Build America, Buy America Act, P.L. 117-58, Title IX.
EXECUTIVE ORDERS
a. Executive Order 11246 – Equal Employment Opportunity1
b. Executive Order 11990 – Protection of Wetlands
c. Executive Order 11998 – Flood Plain Management
d. Executive Order 12372 – Intergovernmental Review of Federal Programs
e. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building
Construction1
f. Executive Order 12898 – Environmental Justice
g. Executive Order 13166 – Improving Access to Services for Persons with Limited English
Proficiency
h. Executive Order 13985 – Executive Order on Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government
i. Executive Order 13988 – Preventing and Combating Discrimination on the Basis of Gender Identity
or Sexual Orientation
j. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s
Workers
k. Executive Order 14008 – Tackling the Climate Crisis at Home and Abroad
FEDERAL REGULATIONS
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. 4, 5
c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment.
d. 14 CFR Part 13 – Investigative and Enforcement Procedures.
e. 14 CFR Part 16 – Rules of Practice for Federally-Assisted Airport Enforcement Proceedings.
f. 14 CFR Part 150 – Airport Noise Compatibility Planning.
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g. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government
Services.
h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil
Rights Act of 1964.
i. 29 CFR Part 1 – Procedures for Predetermination of Wage Rates.1
j. 29 CFR Part 3 – Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States.1
k. 29 CFR Part 5 – Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act).1
l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements).1
m. 49 CFR Part 20 – New Restrictions on Lobbying.
n. 49 CFR Part 21 – Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964.
o. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions.
p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally-Assisted Programs.1, 2
q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
r. 49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving
Federal Financial Assistance.1
s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities Conducted by the Department of Transportation.
t. 49 CFR Part 30 – Denial of Public Works Contracts to Suppliers of Goods and Services of
Countries That Deny Procurement Market Access to U.S. Contractors.
u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial
Assistance).
v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA).
w. 49 CFR Part 38 – Americans with Disabilities Act (ADA) Accessibility Specifications for
Transportation Vehicles.
x. 49 CFR Part 41 – Seismic Safety.
FOOTNOTES TO ASSURANCE (C)(1)
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal
assistance. Any requirement levied upon State and Local Governments by this regulation shall
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apply where applicable to private sponsors receiving Federal assistance under Title 49, United
States Code.
4 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or
circulars are incorporated by reference in this Grant Agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the proposed project;
that a resolution, motion or similar action has been duly adopted or passed as an official act of
the applicant's governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed project
and comply with all terms, conditions, and assurances of this Grant Agreement. It shall
designate an official representative and shall in writing direct and authorize that person to file
this application, including all understandings and assurances contained therein; to act in
connection with this application; and to provide such additional information as may be
required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the
United States. It has sufficient funds available to assure operation and maintenance of items funded
under this Grant Agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to
the landing area of the airport or site thereof, or will give assurance satisfactory to the
Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it
holds good title satisfactory to the Secretary to that portion of the property upon which Federal
funds will be expended or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions, and assurances in this Grant
Agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere
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with such performance by the sponsor. This shall be done in a manner acceptable to the
Secretary.
b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell, lease,
encumber, or otherwise transfer or dispose of any part of its title or other interests in the
property shown on Exhibit A to this application or, for a noise compatibility program project,
that portion of the property upon which Federal funds have been expended, for the duration of
the terms, conditions, and assurances in this Grant Agreement without approval by the
Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States
Code, to assume the obligations of this Grant Agreement and to have the power, authority, and
financial resources to carry out all such obligations, the sponsor shall insert in the contract or
document transferring or disposing of the sponsor's interest, and make binding upon the
transferee all of the terms, conditions, and assurances contained in this Grant Agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor, it
will enter into an agreement with that government. Except as otherwise specified by the
Secretary, that agreement shall obligate that government to the same terms, conditions, and
assurances that would be applicable to it if it applied directly to the FAA for a grant to
undertake the noise compatibility program project. That agreement and changes thereto must
be satisfactory to the Secretary. It will take steps to enforce this agreement against the local
government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will
enter into an agreement with the owner of that property which includes provisions specified by
the Secretary. It will take steps to enforce this agreement against the property owner
whenever there is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that
the airport will continue to function as a public-use airport in accordance with these assurances
for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to ensure that the airport will be operated and maintained in
accordance with Title 49, United States Code, the regulations and the terms, conditions and
assurances in this Grant Agreement and shall ensure that such arrangement also requires
compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that
results in permission for the owner or tenant of a property used as a residence, or zoned for
residential use, to taxi an aircraft between that property and any location on airport. Sponsors
of general aviation airports entering into any arrangement that results in permission for the
owner of residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the State in which the project is located to
plan for the development of the area surrounding the airport.
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7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be
located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which
project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway extension, it
has afforded the opportunity for public hearings for the purpose of considering the economic,
social, and environmental effects of the airport or runway location and its consistency with goals
and objectives of such planning as has been carried out by the community and it shall, when
requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.
Further, for such projects, it has on its management board either voting representation from the
communities where the project is located or has advised the communities that they have the right
to petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a
medium or large hub airport, the sponsor has made available to and has provided upon request to
the metropolitan planning organization in the area in which the airport is located, if any, a copy of
the proposed amendment to the airport layout plan to depict the project and a copy of any airport
master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance-Management.
With respect to a project approved after January 1, 1995, for the replacement or reconstruction of
pavement at the airport, it assures or certifies that it has implemented an effective airport
pavement maintenance-management program and it assures that it will use such program for the
useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance
at the airport. It will provide such reports on pavement condition and pavement management
programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it
has, on the date of submittal of the project grant application, all the safety equipment required for
certification of such airport under 49 U.S.C. § 44706, and all the security equipment required by rule
or regulation, and has provided for access to the passenger enplaning and deplaning area of such
airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by
the recipient of the proceeds of this Grant, the total cost of the project in connection with
which this Grant is given or used, and the amount or nature of that portion of the cost of the
project supplied by other sources, and such other financial records pertinent to the project. The
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accounts and records shall be kept in accordance with an accounting system that will facilitate
an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or
any of their duly authorized representatives, for the purpose of audit and examination, any
books, documents, papers, and records of the recipient that are pertinent to this Grant. The
Secretary may require that an appropriate audit be conducted by a recipient. In any case in
which an independent audit is made of the accounts of a sponsor relating to the disposition of
the proceeds of a grant or relating to the project in connection with which this Grant was given
or used, it shall file a certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year for which the audit was
made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant
Agreement which involve labor, provisions establishing minimum rates of wages, to be
predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public
Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such
minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for
the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this Grant Agreement which
involve labor, such provisions as are necessary to insure that, in the employment of labor (except in
executive, administrative, and supervisory positions), preference shall be given to Vietnam era
veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small
business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112.
However, this preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary.
Such plans, specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this Grant
Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to
approval of the Secretary, and incorporated into this Grant Agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the
project to assure that the work conforms to the plans, specifications, and schedules approved by
the Secretary for the project. It shall subject the construction work on any project contained in an
approved project application to inspection and approval by the Secretary and such work shall be in
accordance with regulations and procedures prescribed by the Secretary. Such regulations and
procedures shall require such cost and progress reporting by the sponsor or sponsors of such
project as the Secretary shall deem necessary.
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18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the
project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning
project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a
notice that the material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material
prepared with funds under this project shall be subject to copyright in the United States or any
other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise
use any of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific
consultants and their subcontractors to do all or any part of this project as well as the right to
disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all
or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's
approval of any planning material developed as part of this grant does not constitute or imply
any assurance or commitment on the part of the Secretary to approve any pending or future
application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,
other than facilities owned or controlled by the United States, shall be operated at all times in a
safe and serviceable condition and in accordance with the minimum standards as may be
required or prescribed by applicable Federal, state, and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would interfere with
its use for airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non-aeronautical purposes must first be approved by the
Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing
contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood, or other climatic conditions
interfere with such operation and maintenance. Further, nothing herein shall be construed
as requiring the maintenance, repair, restoration, or replacement of any structure or
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facility which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes) will
be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition, if the project is for noise compatibility program implementation, it will not cause or permit
any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the
airport, of the noise compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert
and enforce provisions requiring the contractor to:
1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service,
provided that the contractor may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other fixed-based operators making the same or
similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based
operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air
carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules,
regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly
and substantially related to providing air transportation as are applicable to all such air carriers
which make similar use of such airport and utilize similar facilities, subject to reasonable
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classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport
provided an air carrier assumes obligations substantially similar to those already imposed on air
carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or
corporation operating aircraft on the airport from performing any services on its own aircraft
with its own employees (including, but not limited to maintenance, repair, and fueling) that it
may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this
assurance, the services involved will be provided on the same conditions as would apply to the
furnishing of such services by commercial aeronautical service providers authorized by the
sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be
met by all users of the airport as may be necessary for the safe and efficient operation of the
airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport
if such action is necessary for the safe operation of the airport or necessary to serve the civil
aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical services to the public. For purposes of this paragraph, the providing of the
services at an airport by a single fixed-based operator shall not be construed as an exclusive right if
both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based
operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed-based
operator and such airport. It further agrees that it will not, either directly or indirectly, grant or
permit any person, firm, or corporation, the exclusive right at the airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental
and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft,
sale of aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular
airport, taking into account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airport planning or noise compatibility project for
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which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act
of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be
included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after
December 30, 1987, will be expended by it for the capital or operating costs of the airport; the
local airport system; or other local facilities which are owned or operated by the owner or
operator of the airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before September 3, 1982, by the
owner or operator of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the airport, to
support not only the airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use of all revenues generated by
the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
2. If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor’s acquisition of land, this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from
the sale. This is conditioned on repayment to the Secretary by the private owner of an
amount equal to the remaining unamortized portion (amortized over a 20-year period) of
any airport improvement grant made to the private owner for any purpose other than land
acquisition on or after October 1, 1996, plus an amount equal to the federal share of the
current fair market value of any land acquired with an airport improvement grant made to
that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or
other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA
determines the airport sponsor meets the requirements set forth in Section 813 of Public
Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct
that the audit will review, and the resulting audit report will provide an opinion concerning, the
use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or
transferred to the owner or operator are paid or transferred in a manner consistent with Title
49, United States Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in
accordance with the provisions of 49 U.S.C. § 47107.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary
may reasonably request and make such reports available to the public; make available to the
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public at reasonable times and places a report of the airport budget in a format prescribed by
the Secretary;
b. for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations and
other instruments, available for inspection by any duly authorized agent of the Secretary upon
reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms, conditions, and assurances of this Grant Agreement
including deeds, leases, agreements, regulations, and other instruments, available for
inspection by any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available
to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
2. all services and property provided by the airport to other units of government and the
amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance
and all those usable for landing and takeoff of aircraft to the United States for use by Government
aircraft in common with other aircraft at all times without charge, except, if the use by Government
aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the
cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,
or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by
Government aircraft will be considered to exist when operations of such aircraft are in excess of
those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas
by other authorized aircraft, or during any calendar month that:
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent
thereto; or
b. The total number of movements (counting each landing as a movement) of Government
aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the
airport (the total movement of Government aircraft multiplied by gross weights of such
aircraft) is in excess of five million pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic
control or air navigation activities, or weather-reporting and communication activities related to air
traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or
desirable for construction, operation, and maintenance at Federal expense of space or facilities for
such purposes. Such areas or any portion thereof will be made available as provided herein within
four months after receipt of a written request from the Secretary.
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29. Airport Layout Plan.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up
to date at all times an airport layout plan of the airport showing:
1. boundaries of the airport and all proposed additions thereto, together with the boundaries
of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
additions thereto;
2. the location and nature of all existing and proposed airport facilities and structures (such
as runways, taxiways, aprons, terminal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non-aviation areas and of all existing
improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport’s property
boundary.
Such airport layout plans and each amendment, revision, or modification thereof, shall be
subject to the approval of the Secretary which approval shall be evidenced by the signature of
a duly authorized representative of the Secretary on the face of the airport layout plan. The
sponsor will not make or permit any changes or alterations in the airport or any of its facilities
which are not in conformity with the airport layout plan as approved by the Secretary and
which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of
the airport.
b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or
alteration in the airport or the facilities is made which the Secretary determines adversely
affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or
off the airport and which is not in conformity with the airport layout plan as approved by the
Secretary, the owner or operator will, if requested, by the Secretary:
1. eliminate such adverse effect in a manner approved by the Secretary; or
2. bear all costs of relocating such property (or replacement thereof) to a site acceptable to
the Secretary and all costs of restoring such property (or replacement thereof) to the level
of safety, utility, efficiency, and cost of operation existing before the unapproved change in
the airport or its facilities except in the case of a relocation or replacement of an existing
airport facility due to a change in the Secretary’s design standards beyond the control of
the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on
the grounds of race, color, and national origin (including limited English proficiency) in accordance
with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to
2000d-4); creed and sex (including sexual orientation and gender identity) per 49 U.S.C. § 47123
and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or
disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any
program and activity conducted with, or benefiting from, funds received from this Grant.
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a. Using the definitions of activity, facility, and program as found and defined in 49 CFR
§§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or
conduct all programs in compliance with all non-discrimination requirements imposed by or
pursuant to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other federal assistance)
for any of the sponsor’s program or activities, these requirements extend to all of the
sponsor’s programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct,
expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance
extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in
the form of, or for the acquisition of real property or an interest in real property, the
assurance will extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal
financial assistance is extended to the program, except where the Federal financial assistance is
to provide, or is in the form of, personal property, or real property, or interest therein, or
structures or improvements thereon, in which case the assurance obligates the sponsor, or any
transferee for the longer of the following periods:
1. So long as the airport is used as an airport, or for another purpose involving the provision
of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language. It will include the following notification in all solicitations for
bids, Requests For Proposals for work, or material under this Grant Agreement and in all
proposals for agreements, including airport concessions, regardless of funding source:
“The ([Selection Criteria: Sponsor Name]), in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations,
hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract
entered into pursuant to this advertisement, [select businesses, or disadvantaged business
enterprises or airport concession disadvantaged business enterprises] will be afforded full and
fair opportunity to submit bids in response to this invitation and no businesses will be
discriminated against on the grounds of race, color, national origin (including limited English
proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in
consideration for an award.”
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and
regulations relative to non-discrimination in Federally-assisted programs of the
Department of Transportation (DOT), and incorporating the acts and regulations into the
contracts by reference in every contract or agreement subject to the non-discrimination in
Federally-assisted programs of the DOT acts and regulations.
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2. It will include a list of the pertinent non-discrimination authorities in every contract that is
subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land, in
any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of
race, color, national origin (including limited English proficiency), creed, sex (including
sexual orientation and gender identity), age, or disability as a covenant running with the
land, in any future deeds, leases, license, permits, or similar instruments entered into by
the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees,
contractors, subcontractors, consultants, transferees, successors in interest, and other
participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts, the regulations, and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land
serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of
such disposition which is proportionate to the United States' share of acquisition of such land
will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2)
transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give
preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C.
§ 47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
If land acquired under a grant for noise compatibility purposes is leased at fair market value
and consistent with noise buffering purposes, the lease will not be considered a disposal of the
land. Revenues derived from such a lease may be used for an approved airport development
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project that would otherwise be eligible for grant funding or any permitted use of airport
revenue.
b. For land purchased under a grant for airport development purposes (other than noise
compatibility), it will, when the land is no longer needed for airport purposes, dispose of such
land at fair market value or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land. That portion of the proceeds of
such disposition which is proportionate to the United States' share of the cost of acquisition of
such land will, upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C.
§ 47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be
needed for aeronautical purposes (including runway protection zones) or serve as noise buffer
land, and (2) the revenue from interim uses of such land contributes to the financial self-
sufficiency of the airport. Further, land purchased with a grant received by an airport operator
or owner before December 31, 1987, will be considered to be needed for airport purposes if
the Secretary or Federal agency making such grant before December 31, 1987, was notified by
the operator or owner of the uses of such land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no later than
December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of
any interest or right therein necessary to ensure that such land will only be used for purposes
which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title
49 U.S.C., it will award each contract, or sub-contract for program management, construction
management, planning studies, feasibility studies, architectural services, preliminary engineering,
design, engineering, surveying, mapping or related services in the same manner as a contract for
architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an
equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any project which uses any
product or service of a foreign country during the period in which such foreign country is listed by
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the United States Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in accordance
with policies, standards, and specifications approved by the Secretary including, but not limited to,
current FAA Advisory Circulars (https://www.faa.gov/airports/aip/media/aip-pfc-checklist.pdf) for
AIP projects as of [Selection Criteria: Project Application Date].
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law,
by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B.
b. It will provide a relocation assistance program offering the services described in Subpart C of 49
CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as
required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses or
other modes of transportation to have access to the airport; however, it has no obligation to fund
special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award
and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and
performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor
shall not discriminate on the basis of race, color, national origin or sex in the administration of its
Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business
Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take
all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s
DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are
incorporated by reference in this agreement. Implementation of these programs is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31
U.S.C. §§ 3801-3809, 3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or
operator will grant to the aircraft owner for the hangar a long term lease that is subject to such
terms and conditions on the hangar as the airport owner or operator may impose.
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39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C.
§ 47102) has been unable to accommodate one or more requests by an air carrier for access to
gates or other facilities at that airport in order to allow the air carrier to provide service to the
airport or to expand service at the airport, the airport owner or operator shall transmit a report
to the Secretary that:
1. Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated; and
3. Provides a time frame within which, if any, the airport will be able to accommodate the
requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been
unable to accommodate the request(s) in the six month period prior to the applicable due date.
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EXHIBIT D
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U.S. Department
of Transportation
Federal Aviation
Administration
Advisory
Circular
Subject: Hazardous Wildlife Attractants on or
near Airports
Date: 02/21/2020
Initiated By: AAS-300
AC No: 150/5200-33C
Change:
1 Purpose.
This Advisory Circular (AC) provides guidance on certain land uses that have the
potential to attract hazardous wildlife on or near public-use airports. It also discusses
airport development projects (including airport construction, expansion, and
renovation) affecting aircraft movement near hazardous wildlife attractants. Appendix 1
provides definitions of terms used in this AC.
2 Cancellation.
This AC cancels AC 150/5200-33B, Hazardous Wildlife Attractants on or near
Airports, dated August 28, 2007.
3 Application.
The Federal Aviation Administration recommends the guidance in this AC for land
uses that have the potential to attract hazardous wildlife on or near public-use airports.
This AC does not constitute a regulation, is not mandatory, and is not legally binding in
its own right. It will not be relied upon as a separate basis by the FAA for affirmative
enforcement action or other administrative penalty. Conformity with this AC is
voluntary, and nonconformity will not affect rights and obligations under existing
statutes and regulations, except as follows:
1. Airports that hold Airport Operating Certificates issued under Title 14, Code of
Federal Regulations (CFR), Part 139, Certification of Airports, Subpart D, may use
the standards, practices and recommendations contained in this AC as one, but not
the only, acceptable means of compliance with the wildlife hazard management
requirements of Part 139.
2. The FAA recommends the guidance in this AC for airports that receive funding
under Federal grant assistance programs, including the Airport Improvement
Program. See Grant Assurance #34.
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ii
3. The FAA recommends the guidance in this AC for projects funded by the Passenger
Facility Charge program. See PFC Assurance #9.
4. The FAA recommends the guidance in this AC for land-use planners and developers
of projects, facilities, and activities on or near airports.
4 Principal Changes.
Changes are marked with vertical bars in the margin. Change in this AC include:
1. Clarification by the FAA that non-certificated airports are recommended to conduct
a Wildlife Hazard Assessment (Assessment) or a Wildlife Hazard Site Visit (Site
Visit);
2. Table 1, Ranking of Hazardous Species, has been moved to Advisory Circular
150/5200-32, Reporting Wildlife Aircraft Strikes (5/31/2013);
3. Consolidation and reorganization of discussion on land uses of concern; and
updated procedures for evaluation and mitigation. Discussion addresses off-airport
hazardous wildlife attractants, followed by discussion of on-airport attractants. It
also clarifies language regarding the applicability of the AC.
5 Background.
1. Information about the risks posed to aircraft by certain wildlife species has
increased a great deal in recent years. Improved reporting, studies, documentation,
and statistics clearly show that aircraft collisions with birds and other wildlife are a
serious economic and public safety problem. While many species of wildlife can
pose a risk1 to aircraft safety, they are not equally hazardous2. These hazard
rankings can help focus hazardous wildlife management efforts on those species or
groups that represent the greatest risk to safe air and ground operations in the airport
environment. Used in conjunction with a site-specific Assessment that will
determine the relative abundance and use patterns of wildlife species, these rankings
combined with a systematic risk analysis can help airport operators better
understand the general threat level (and consequences) of certain wildlife species.
Also, the rankings can assist with the creation of a “high risk” list of hazardous
species that warrant immediate attention.
2. Most public-use airports have large tracts of open, undeveloped land that provide
added margins of safety and noise mitigation. These areas can also present potential
hazards to aviation if they encourage wildlife to enter an airport’s approach or
departure airspace or aircraft operations area. Constructed or natural areas — such as
1 Risk is the relationship between the severity and probability of a threat. It is the product of hazard level and
abundance in the critical airspace, and is thus defined as the probability of a damaging strike with a given species.
2 Hazardous wildlife are species of wildlife (birds, mammals, reptiles), including feral and domesticated animals, not
under control that may pose a direct hazard to aviation (i.e., strike ris k to aircraft) or an indirect hazard such as an
attractant to other wildlife that pose a strike hazard or are causing structural damage to airport facilities (e.g.,
burrowing, nesting, perching).
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iii
poorly drained locations, detention/retention ponds, roosting habitats on buildings,
landscaping, odor-causing rotting organic matter (putrescible waste) disposal
operations, wastewater treatment plants, agricultural or aquaculture activities,
surface mining, wetlands, or some conservation-based land uses — can provide
wildlife with ideal locations for feeding, loafing, reproduction, and escape. Even
small facilities, such as fast food restaurants, taxicab staging areas, rental car
facilities, aircraft viewing areas, and public parks, can produce substantial
attractions for hazardous wildlife.
3. During the past century, wildlife-aircraft strikes have resulted in the loss of
hundreds of lives worldwide, as well as billions of dollars in aircraft damage.
Hazardous wildlife attractants on and near airports can jeopardize future airport
expansion, making proper community land-use planning essential. This AC
provides airport operators and those parties with whom they cooperate with the
guidance they need to assess and address potentially hazardous wildlife attractants
when locating new facilities and implementing certain land-use practices on or near
public-use airports.
6 Memorandum of Agreement Between Federal Resource Agencies.
The FAA, the U.S. Air Force, the U.S. Army Corps of Engineers, the U.S.
Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S.
Department of Agriculture - Wildlife Services signed a Memorandum of Agreement
(MOA) to acknowledge their respective missions in protecting aviation from wildlife
hazards. Through the MOA, the agencies established procedures necessar y to
coordinate their missions to address more effectively existing and future environmental
conditions contributing to collisions between wildlife and aircraft (wildlife strikes)
throughout the United States. These efforts are intended to minimize wildlife risks to
aviation and human safety while protecting the Nation’s valuable environmental
resources.
7 Feedback on this AC.
If you have suggestions for improving this AC, you may use the Advisory Circular
Feedback form at the end of this AC.
John R. Dermody
Director of Airport Safety and Standards
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CONTENTS
Paragraph Page
iv
Chapter 1. General Separation Criteria for Hazardous Wildlife Attractants on or
Near Airports ......................................................................................................... 1-1
1.1 Introduction. ................................................................................................................ 1-1
1.2 Airports Serving Piston-Powered Aircraft. .............................................................. 1-1
1.3 Airports Serving Turbine-Powered Aircraft............................................................ 1-2
1.4 Protection of Approach, Departure, and Circling Airspace. .................................. 1-2
Chapter 2. Land-Use Practices on or Near Airports that Potentially Attract
Hazardous Wildlife ................................................................................................ 2-1
2.1 General. ........................................................................................................................ 2-1
2.2 Waste Disposal Operations. ....................................................................................... 2-2
2.3 Water Management Facilities. ................................................................................... 2-4
2.4 Wetlands. ..................................................................................................................... 2-8
2.5 Dredge Spoil Containment Areas. ........................................................................... 2-10
2.6 Agricultural Activities. ............................................................................................. 2-10
2.7 Aquaculture. .............................................................................................................. 2-12
2.8 Golf Courses, Landscaping, Structures and Other Land-Use Considerations. .. 2-14
2.9 Habitat for State and Federally-Listed Species on Airports. ................................ 2-16
2.10 Synergistic Effects of Surrounding Land Uses. ...................................................... 2-17
Chapter 3. Procedures for Wildlife Hazard Management by Operators of Public-
Use Airports and Conditions for Non-Certificated Airports to Conduct Wildlife
Hazard Assessments and Wildlife Hazard Site Visits ........................................ 3-1
3.1 Introduction. ................................................................................................................ 3-1
3.2 Coordination with Qualified Airport Wildlife Biologists. ....................................... 3-1
3.3 Wildlife Hazard Management at Airports: A Manual For Airport Personnel. .... 3-1
3.4 Wildlife Hazard Site Visits and Wildlife Hazard Assessments. .............................. 3-2
3.5 Wildlife Hazard Management Plan. .......................................................................... 3-2
3.6 Local Coordination. .................................................................................................... 3-3
3.7 Operational Notifications of Wildlife Hazards......................................................... 3-3
3.8 Federal and State Depredation Permits. ................................................................... 3-4
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Chapter 4. Recommended Procedures for the FAA, Airport Operators and Other
Government Entities Regarding Off-Airport Attractants ................................... 4-1
4.1 FAA Notification and Review of Proposed Land-Use Practice Changes in the
Vicinity of Public-Use Airports.................................................................................. 4-1
4.2 Waste Management Facilities. ................................................................................... 4-2
4.3 Other Land-Use Practice Changes. ........................................................................... 4-3
4.4 Coordination to Prevent Creation of New Off-Airport Hazardous Wildlife
Attractants. .................................................................................................................. 4-4
4.5 Coordination on Existing Off-Airport Hazardous Wildlife Attractants. .............. 4-5
4.6 Prompt Remedial Action. ........................................................................................... 4-5
4.7 FAA Assistance............................................................................................................ 4-5
Appendix A. Definitions of Terms Used in this Advisory Circular ........................ A-1
Appendix B. Additional Resources.......................................................................... B-1
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CHAPTER 1. GENERAL SEPARATION CRITERIA FOR HAZARDOUS WILDLIFE
ATTRACTANTS ON OR NEAR AIRPORTS
1.1 Introduction.
1.1.1 Airport operators should maintain an appropriate environment for the safe and
efficient operation of aircraft, which entails mitigating wildlife strike hazards by
fencing, modifying the landscape in order to deter wildlife or by hazing or removing
wildlife hazardous to aircraft from congregating on airports. When considering
proposed land uses, operators and sponsors of airports certificated under Part 139,
local planners, and developers must take into account whether the proposed land uses,
including new development projects, will increase wildlife hazards. Land-use
practices that attract or sustain hazardous wildlife populations on or near airports,
specifically those listed in Chapter 2, can significantly increase the potential for
wildlife strikes.
1.1.2 The FAA urges regulatory agencies and planning and zoning agencies to evaluate
proposed new land uses within the separation criteria and prevent the creation of land
uses that attract or sustain hazardous wildlife within the separation distances.
1.1.3 The FAA recommends the use of minimum separation criteria outlined below for
land-use practices that attract hazardous wildlife to the vicinity of airports. Please
note that FAA criteria include land uses that cause movement of hazardous wildlife
onto, into, or across the airport’s approach or departure airspace or aircraft operations
area. (See the discussion of the synergistic effects of surrounding land uses in
Paragraph 2.8 of this AC.). For the purpose of evaluating distance criteria, the
delineation of the aircraft operations area may also consider future airport
development plans depicted on the Airport Layout Plan (e.g., planned runway
extension).
1.1.4 The separation distances are based on (1) flight patterns and performance criteria of
piston-powered aircraft and turbine-powered aircraft, (2) the altitude at which most
strikes happen (78 percent occur under 1,000 feet and 90 percent occur under 3,000
feet above ground level), and (3) National Transportation Safety Board
recommendations.
1.2 Airports Serving Piston-Powered Aircraft.
Airports that do not sell Jet-A fuel normally serve piston-powered aircraft.
Notwithstanding more stringent requirements for specific land uses, the FAA
recommends a separation distance of 5,000 feet from these airports for any of the
hazardous wildlife attractants discussed in Chapter 2 or for new airport development
projects meant to accommodate aircraft movement. This distance is to be maintained
between the closest point of the airport’s aircraft operations area and the hazardous
wildlife attractant. Figure 1 depicts an example of the 5,000-foot separation distance
measured from the nearest aircraft operations area.
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1.3 Airports Serving Turbine-Powered Aircraft.
For airports serving turbine-powered aircraft, the FAA recommends a separation
distance of 10,000 feet from these airports for any of the hazardous wildlife attractants
discussed in Chapter 2 or for new airport development projects meant to accommodate
aircraft movement. This distance is to be maintained between the closest point of the
airport’s aircraft operations area and the hazardous wildlife attractant. Figure 1 depicts
an example of the 10,000-foot separation distance from the nearest aircraft movement
areas.
1.4 Protection of Approach, Departure, and Circling Airspace.
For all airports, the FAA recommends a distance of 5 miles between the closest point of
the airport’s aircraft operations area and the hazardous wildlife attractant. Special
attention should be given to hazardous wildlife attractants that could cause hazardous
wildlife movement into or across the approach or departure airspace. Figure 1 depicts
an example of the 5-mile separation distance measured from the nearest aircraft
operations area.
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Figure 1. Example of recommended separation distances described in Chapter 1
within which hazardous wildlife attractants should be avoided, eliminated, or
mitigated.
PERIMETER A: For airports serving piston-powered aircraft, it is recommended hazardous
wildlife attractants be 5,000 feet from the nearest aircraft operations area.
PERIMETER B: For airports serving turbine-powered aircraft, it is recommended hazardous
wildlife attractants be 10,000 feet from the nearest aircraft operations area.
PERIMETER C: Recommended for all airports, 5-mile range to protect approach, departure and
circling airspace.
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CHAPTER 2. LAND-USE PRACTICES ON OR NEAR AIRPORTS THAT POTENTIALLY
ATTRACT HAZARDOUS WILDLIFE
2.1 General.
2.1.1 Many types of vegetation, habitats and land use practices can provide an attractant to
animals that pose a risk to aviation safety. Hazardous wildlife use the natural or
artificial habitats on or near an airport for food, water or cover. The wildlife species
and the size of the populations attracted to the airport environment vary considerably,
depending on several factors, including land-use practices on or near the airport. In
addition to the specific considerations outlined below, airport operators should refer
to Wildlife Hazard Management at Airports manual, prepared by FAA and U.S.
Department of Agriculture (USDA) staff. (This manual is available in English,
Spanish, and French). This manual, as well as other helpful resources can be viewed
and downloaded free of charge from the Wildlife Strike Resources section of the
FAA’s wildlife hazard mitigation web site:
http://www.FAA.gov/airports/airport_safety/wildlife).
2.1.1.1 The USDA / Animal and Plant Health Inspection Service (APHIS) /
Wildlife Services developed a new publication series on wildlife damage
management and is available online. The Wildlife Damage Management
Technical Series highlights wildlife species or groups of wildlife species
that cause damage to agriculture, property and natural resources, and/or
impact aviation and human health and safety. The publications can be
found at:
https://www.aphis.usda.gov/aphis/ourfocus/wildlifedamage/sa_reports/ct_
wildlife+damage+management+technical+series.
2.1.1.2 Additional resources have been provided by the USDA / APHIS / Wildlife
Services National Wildlife Research Center (NWRC) at:
https://www.aphis.usda.gov/aphis/ourfocus/wildlifedamage/programs/nwr
c/sa_publications/ct_research_gateway. The NWRC Research Gateway
contains research articles, reports, factsheets, technical notes, data and
other materials on wildlife hazard mitigation, risk reduction, animal
ecology, habitats, and advanced technologies and methodologies.
2.1.2 This section discusses land-use practices having the potential to attract hazardous
wildlife and threaten aviation safety. The FAA has determined that the land uses
listed below are generally not compatible with safe airport operations when they are
located within the separation distances provided in Paragraphs 1.2 through 1.4.
2.1.3 As a reminder, these types of land uses or facilities often require permits from the
appropriate permitting agency. The FAA may work with the permitting agency to
include conditions for monitoring and mitigation measures, if necessary. Ultimately,
the permittee is responsible for compliance to these conditions and the permitting
agency is responsible for tracking compliance.
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2.2 Waste Disposal Operations.
Municipal solid waste landfills (municipal landfills) are known to attract large numbers
of hazardous wildlife, particularly birds. Because of this, these operations, when located
within the separations identified in the siting criteria in Paragraphs 1.2 through 1.4, are
considered incompatible with safe airport operations.
2.2.1 Siting for New Municipal Solid Waste Landfills Subject to AIR 21.
2.2.1.1 Section 503 of the Wendell H. Ford Aviation Investment and Reform Act
for the 21st Century (P. L. 106-181) (AIR 21), 49 U.S.C. § 44718(d),
prohibits the construction or establishment of a new municipal landfill
within 6 miles of certain public-use airports. Before these prohibitions
apply, both the airport and the landfill must meet the very specific
conditions described below. These restrictions do not apply to airports or
landfills located within the state of Alaska.
2.2.1.2 The airport must (1) have received a Federal grant(s) under 49 U.S.C. §
47101, et. seq.; (2) be under control of a public agency; (3) serve some
scheduled air carrier operations conducted in aircraft with less than 60
seats; and (4) have total annual enplanements consisting of at least 51
percent of scheduled air carrier enplanements conducted in aircraft with
less than 60 passenger seats.
2.2.1.3 The proposed municipal landfill must (1) be within 6 miles of the airport,
as measured from airport property line to the landfill property line, and (2)
have started construction or establishment on or after April 5, 2001.
Section 44718(d) only limits the construction or establishment of some
new landfills. It does not limit the expansion, either vertical or horizontal,
of existing landfills.
2.2.1.4 Regarding existing municipal landfills and lateral expansions of landfills,
40 CFR § 258.10 requires owners or operators of a landfill units located
within the separation distances provided in Paragraphs 1.2 through 1.4 to
demonstrate that the unit is designed and operated so that it does not pose
a bird hazard to aircraft. To accomplish this, follow the instructions
provided in Paragraphs 3.2 and 3.3, document the wildlife monitoring and
mitigation procedures that are cooperatively developed, and place this
documentation in the operating permit of the facility.
2.2.2 Siting for New Municipal Landfills Not Subject to AIR 21.
If an airport and a municipal landfill do not meet the criteria of § 44718(d), then FAA
recommends against locating the landfill within the separation distances identified in
Paragraphs 1.2 through 1.4. In determining this distance separation, measurements
should be made from the closest point of the airport property boundary to the closest
point of the landfill property boundary.
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2.2.3 Considerations for Existing Waste Disposal Facilities Within the Limits of Separation
Criteria.
The FAA recommends against airport development projects that would increase the
number of aircraft operations or accommodate larger or faster aircraft near landfill
operations located within the separations identified in Paragraphs 1.2 through 1.4. In
addition, in accordance with 40 CFR § 258.10, owners or operators of existing landfill
units that are located within the separations listed in Paragraphs 1.2 through 1.4 must
demonstrate that the unit is designed and operated so it does not pose a bird hazard to
aircraft. (See Paragraph 4.3.2 of this AC for a discussion of this demonstration
requirement.)
2.2.4 Enclosed Trash Transfer Stations.
Enclosed waste-handling facilities that receive garbage behind closed doors; process it
via compaction, incineration, or similar manner; and remove all residue by enclosed
vehicles generally are compatible with safe airport operations, provided they are
constructed and operated properly and are not located on airport property or within the
Runway Protection Zone. These facilities should not handle or store putrescible waste
outside or in a partially enclosed structure accessible to hazardous wildlife. Trash
transfer facilities that are open on one or more sides; or store uncovered quantities of
municipal solid waste outside, even if only for a short time; or use semi-trailers that
leak or have trash clinging to the outside; or do not control odors by ventilation and
filtration systems (odor masking is not acceptable) do not meet the FAA’s definition of
fully enclosed trash transfer stations. The FAA considers fully enclosed waste-handling
facilities constructed or operated incorrectly incompatible with safe airport operations if
they are located closer than the separation distances specified in Paragraphs 1.2 through
1.4.
2.2.5 Composting Operations on or near Airport Property.
Composting operations that accept only yard waste (e.g., leaves, lawn clippings, or
branches) generally do not attract hazardous wildlife. Sewage sludge, woodchips, and
similar material are not municipal solid wastes and may be used as compost bulking
agents. The compost, however, must never include food or other municipal solid waste.
Composting operations should not be located on airport property unless effective, risk-
reducing mitigations are in place. Off-airport property composting operations should be
located no closer than the greater of the following distances: 1,200 feet from any
aircraft operations area or the distance called for by airport design requirements (see
AC 150/5300-13, Airport Design). This spacing should prevent material, personnel, or
equipment from penetrating any Object Free Area, Obstacle Free Zone, Threshold
Siting Surface, or Clearway. Airport operators should monitor composting operations
located in proximity to the airport to ensure that steam or thermal rise does not
adversely affect air traffic.
2.2.6 Underwater Waste Discharges.
The FAA recommends against the underwater discharge of any food waste (e.g., fish
processing offal) within the separations identified in Paragraphs 1.2 through 1.4
because it could attract scavenging hazardous wildlife.
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2.2.7 Recycling Centers.
Recycling centers that accept previously sorted non-food items, such as glass,
newspaper, cardboard, aluminum, electronic, and household wastes such as paint,
batteries, and oil, are, in most cases, not attractive to hazardous wildlife and are
acceptable.
2.2.8 Construction and Demolition Debris Facilities.
2.2.8.1 Construction and demolition landfills generally do not attract hazardous
wildlife and are acceptable if maintained in an orderly manner, admit no
putrescible waste, and are not co-located with other waste disposal
operations. However, construction and demolition landfills have similar
visual and operational characteristics to putrescible waste disposal sites.
When co-located with putrescible waste disposal operations, construction
and demolition landfills are more likely to attract hazardous wildlife
because of the similarities between these disposal facilities.
2.2.8.2 Therefore, a construction and demolition landfill co-located with another
waste disposal operation should be located outside of the separations
identified in Paragraphs 1.2 through 1.4.
2.2.8.3 Airport operators should be aware that on-site storage of construction and
maintenance debris, as well as out-of-service aircraft or aircraft
components, may provide an attractant for hazardous species (e.g., nesting
or perching locations). The FAA recommends these on-site areas be
monitored and/or mitigated, if necessary.
2.2.9 Fly Ash Disposal.
2.2.9.1 The incinerated residue from resource recovery power/heat-generating
facilities that are fired by municipal solid waste, coal, or wood is generally
not a wildlife attractant because it no longer contains putrescible matter.
Landfills accepting only fly ash are generally not considered to be wildlife
attractants and are acceptable as long as they admit no putrescible waste of
any kind, and are not co-located with other disposal operations that attract
hazardous wildlife.
2.2.9.2 Since varying degrees of waste consumption are associated with general
incineration (not resource recovery power/heat-generating facilities), the
FAA considers the ash from general incinerators a regular waste disposal
by-product and, therefore, a hazardous wildlife attractant if disposed of
within the separation criteria outlined in Paragraphs 1.2 through 1.4.
2.3 Water Management Facilities.
Drinking water intake and treatment facilities, storm water and wastewater treatment
facilities, associated retention and settling ponds, ponds built for recreational use, ponds
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and fountains for ornamental purposes, and ponds that result from mining activities
often attract large numbers of potentially hazardous wildlife. Development of new open
water facilities within the separation criteria identified in Paragraphs 1.2 through 1.4
should be avoided to prevent wildlife attractants. If necessary, land-use developers and
airport operators may need to develop management plans, in compliance with local and
state regulations, to support the operation of storm water management facilities on or
near all public-use airports to ensure a safe airport environment. The FAA
recommends these plans be developed in consultation with a Qualified Airport Wildlife
Biologist3, to minimize hazardous wildlife attractants.
2.3.1 Existing Stormwater Management Facilities.
2.3.1.1 On-airport stormwater management facilities allow the quick removal of
surface water, including discharges related to aircraft deicing, from
impervious surfaces, such as pavement and terminal/hangar building roofs.
Existing on-airport detention ponds collect stormwater, protect water
quality, and control runoff. Because they slowly release water after
storms, they may create standing bodies of water that can attract hazardous
wildlife. Where the airport has developed a Wildlife Hazard Management
Plan, Part 139 regulations require the immediate correction of any wildlife
hazards arising from existing stormwater facilities located on or near
airports using appropriate wildlife hazard mitigation techniques. Airport
operators should develop measures to minimize hazardous wildlife
attraction in consultation with a Qualified Airport Wildlife Biologist.
2.3.1.2 Where possible, airport operators should modify stormwater detention
ponds to allow a maximum 48-hour detention period for the design storm.
The combination of open water and vegetation is particularly attractive to
waterfowl and other hazardous wildlife. Water management facilities
holding water longer than 48 hours should be maintained in a manner that
keeps them free of both emergent and submergent vegetation. The FAA
recommends that airport operators avoid or remove retention ponds and
detention ponds featuring dead storage to eliminate standing water.
Detention basins should remain totally dry between rainfalls. Where
constant flow of water is anticipated through the basin, or where any
portion of the basin bottom may remain wet, the detention facility should
include a concrete or paved pad and/or ditch/swale in the bottom to
prevent vegetation that may provide nesting habitat. Drainage basins with
a concrete or paved pad should be maintained to prevent or remove any
sediment build-up to prevent vegetation growth.
2.3.1.3 When it is not possible to drain a large detention pond completely, airport
operators may use physical barriers, such as bird balls, wire grids, pillows,
3 See Advisory Circular 150/5200-36, Qualifications for Wildlife Biologist Conducting Wildlife Hazard Assessments
and Training Curriculums for Airport Personnel Involved in Controlling Wildlife Hazards on Airports.
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or netting, to deter birds and other hazardous wildlife. When physical
barriers are proposed, airport operators must evaluate their use,
effectiveness and maintenance requirements. Airport operators must also
ensure physical barriers will not adversely affect water rescue. Before
installing any physical barriers over detention ponds on Part 139 airports,
airport operators must get approval from the appropriate FAA Regional
Airports Division Office.
2.3.1.4 The FAA recommends that airport operators encourage off-airport
stormwater treatment facility operators to incorporate appropriate wildlife
hazard mitigation techniques into stormwater treatment facility operating
practices when their facility is located within the separation criteria
specified in Paragraphs 1.2 through 1.4.
2.3.2 New Stormwater Management Facilities.
The FAA recommends that storm water management systems located within the
separations identified in Paragraphs 1.2 through 1.4 be designed and operated so as not
to create above-ground standing water. Stormwater detention ponds should be
designed, engineered, constructed, and maintained for a maximum 48–hour detention
period after the design storm and to remain completely dry between storms. To
facilitate the control of hazardous wildlife, the FAA recommends the use of steep-
sided, rip-rap or concrete lined, narrow, linear-shaped water detention basins. When it
is not possible to place these ponds away from an airport’s aircraft operations area (but
still on airport property), airport operators may use physical barriers, such as bird balls,
wire grids, floating covers, vegetation barriers (bottom liners), or netting, to prevent
access of hazardous wildlife to open water and minimize aircraft-wildlife interactions.
Caution is advised when nets or wire grids are used for deterring birds from attractants.
Mesh size should be < 5 cm (2”) to avoid entangling and killing birds and should not be
made of a monofilament material. Grids installed above and across water to deter
hazardous birds (e.g., waterfowl, cormorants, etc.) are different than using a small mesh
covering but also provides an effective deterrent. Grid material, size, pattern and height
above water may differ on a case-by-case basis. When physical barriers are used,
airport operators must evaluate their use and ensure they will not adversely affect water
rescue. Before installing any physical barriers over detention ponds on Part 139
airports, a review by a Qualified Airport Wildlife Biologist should be conducted, prior
to approval from the appropriate FAA Regional Airports Division Office. All
vegetation in or around detention basins that provide food or cover for hazardous
wildlife should be eliminated. If soil conditions and other requirements allow, the FAA
encourages the use of underground storm water infiltration systems because they are
less attractive to wildlife.
2.3.3 Existing Wastewater Treatment Facilities.
2.3.3.1 The FAA recommends that airport operators immediately correct any
wildlife hazards arising from existing wastewater treatment facilities
located on or near the airport.
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2.3.3.2 Where required, a wildlife management plan will outline appropriate
wildlife hazard mitigation techniques. Accordingly, airport operators
should encourage wastewater treatment facility operators to incorporate
measures, developed in consultation with a Qualified Airport Wildlife
Biologist, to minimize hazardous wildlife attractants. Airport operators
should also encourage those wastewater treatment facility operators to
incorporate these mitigation techniques into their standard operating
practices. In addition, airport operators should consider the existence of
wastewater treatment facilities when evaluating proposed sites for new
airport development projects and avoid such sites when practicable.
2.3.4 New Wastewater Treatment Facilities.
The FAA recommends against the construction of new wastewater treatment facilities
or associated settling ponds within the separations identified in Paragraphs 1.2 through
1.4. Appendix 1 defines wastewater treatment facility as “any devices and/or systems
used to store, treat, recycle, or reclaim municipal sewage or liquid industrial wastes.”
The definition includes any pretreatment involving the reduction or elimination of
pollutants prior to introducing such pollutants into a treatment facility. When a
wastewater treatment facility is proposed within the separation criteria, the airport
operator, project proponent, and local jurisdiction should discuss the proposed project
location with regard to its location near the airport and the separation distances
identified in Paragraphs 1.2 through 1.4. If possible, a more suitable location for the
proposed facility should be identified. If no other suitable location exists, FAA
recommends that the proposed facility plans be reviewed by a Qualified Airport
Wildlife Biologist to identify measures to avoid or reduce the facility’s potential to
attract hazardous wildlife. If appropriate measures cannot be incorporated to reduce
potential wildlife hazards, airport operators should document their opposition in a letter
to the local jurisdiction.
2.3.5 Artificial Marshes.
In warmer climates, wastewater treatment facilities sometimes employ artificial
marshes and use submergent and emergent aquatic vegetation as natural filters. These
artificial marshes may be used by some species of flocking birds, such as blackbirds
and waterfowl, for breeding or roosting activities. The FAA recommends against
establishing artificial marshes within the separations identified in Paragraphs 1.2
through 1.4.
2.3.6 Wastewater Discharge and Sludge Disposal.
The FAA recommends careful consideration regarding the discharge of wastewater or
biosolids (i.e., secondarily treated sewage sludge) on airport property. Such discharges
might improve soil moisture and quality on unpaved areas and lead to improved turf
growth. Depending on the airfield plant communities and habitats present, this can be
an attractive food source for many species of animals or, conversely, could result in
limited attractiveness to hazardous wildlife. Also, improved turf requires more frequent
mowing and could attract geese. Airports should improve their turf with the goal of a
monoculture of turf that is least attractive to wildlife. Wastewater or biosolids
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applications might assist in achieving this goal. Caution should be exercised when
discharges saturate airfield areas adjacent to paved surfaces. The resultant soft, muddy
conditions could restrict or prevent emergency vehicles from reaching accident sites in
a timely manner.
2.4 Wetlands.
Wetlands provide a variety of functions and can be regulated by local, state, and
Federal laws. Wetlands can be attractive to many types of wildlife, including many
which rank high on the list of hazardous wildlife species (Table 1 - AC 150/5200-32).
Some types of wetlands are not as attractive to wildlife as others and they should be
reviewed on a case-by-case basis to determine the likelihood of proposed wetlands
increasing the numbers of hazardous wildlife at the airport. Factors such as size, shape,
location, canopy cover and vegetative composition among other things should be
considered when determining compatibility.
Note: If questions exist as to whether an area qualifies as a wetland, contact the District
Office of the U.S. Army Corps of Engineers, the Natural Resources Conservation
Service, or a wetland consultant qualified to delineate wetlands.
2.4.1 Existing Wetlands on or near Airport Property.
If wetlands are located on or near airport property, airport operators should be alert to
any wildlife use or habitat changes in these areas that could affect safe aircraft
operations. At public-use airports, the FAA recommends immediately correcting, in
cooperation with local, state, and Federal regulatory agencies, any wildlife hazards
arising from existing wetlands located on or near airports within 5 miles of the aircraft
operations area. Where required, a wildlife management plan will outline appropriate
wildlife hazard mitigation techniques. Accordingly, airport operators should develop
measures to minimize hazardous wildlife attraction in consultation with a FAA
Qualified Airport Wildlife Biologist.
2.4.2 New Airport Development.
Whenever possible, the FAA recommends locating new airports using the separations
from wetlands identified in Paragraphs 1.2 through 1.4. Where alternative sites are not
practicable, or when airport operators are expanding an existing airport into or near
wetlands, a Qualified Airport Wildlife Biologist, in coordination with the U.S. Fish and
Wildlife Service, the U.S. Army Corps of Engineers, and the state wildlife management
agency should evaluate the wildlife hazards and prepare a wildlife management plan
that indicates methods of minimizing the hazards.
2.4.3 Mitigation for Wetland Impacts from Airport Projects.
Wetland mitigation may be necessary when unavoidable wetland disturbances result
from new airport development projects or projects required to correct wildlife hazards
from wetlands. Wetland mitigation must be designed so it does not create a wildlife
hazard. The FAA recommends that wetland mitigation projects that may attract
hazardous wildlife be sited outside of the separations identified in Paragraphs 1.2
through 1.4.
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2.4.3.1 Onsite Mitigation of Wetland Functions.
Wetland mitigation/conservation easements must not inhibit the airport
operator’s ability to effectively control hazardous wildlife on or near the
mitigation site or effectively maintain other aspects of safe airport
operations. Enhancing such mitigation areas to attract hazardous wildlife
must be avoided. The FAA will review any onsite mitigation proposals to
determine compatibility with safe airport operations and grant assurance
compliance. Early coordination with the FAA is encouraged for any
proposal to use airport land for wetland mitigation. A Qualified Airport
Wildlife Biologist should evaluate any wetland mitigation projects that are
needed to protect unique wetland functions and that must be located in the
separation criteria in Paragraphs 1.2 through 1.4 before the mitigation is
implemented. A wildlife management plan should be developed to reduce
the wildlife hazards.
2.4.3.2 Offsite Mitigation of Wetland Functions.
2.4.3.2.1 The FAA recommends that wetland mitigation projects that may attract
hazardous wildlife be sited outside of the separations identified in
Paragraphs 1.2 through 1.4 unless they provide unique functions that must
remain onsite (see 2.4.3.1). Agencies that regulate impacts to or around
wetlands recognize that it may be necessary to split wetland functions in
mitigation schemes. Therefore, regulatory agencies may, under certain
circumstances, allow portions of mitigation to take place in different
locations.
2.4.3.2.2 The FAA encourages landowners or communities supporting the
restoration or enhancement of wetlands to do so only after critically
analyzing how those activities would affect aviation safety. To do so,
landowners or communities should contact the affected airport sponsor,
FAA, and/or a Qualified Airport Wildlife Biologist.
2.4.3.2.3 Those parties should work cooperatively to develop restoration or
enhancement plans that would not worsen existing wildlife hazards or
create such hazards. See Paragraphs 4.1.1 – 4.1.3 for land-use
modifications evaluation criteria.
2.4.3.2.4 If parties develop a mutually acceptable restoration or enhancement plan,
the landowner or community proposing the restoration or enhancement
must monitor the restored or enhanced site. This monitoring must verify
that efforts have not worsened or created hazardous wildlife attraction or
activity. If such attraction or activity occurs, the landowner or community
should work with the airport sponsor, or a Qualified Airport Wildlife
Biologist to reduce the hazard to aviation.
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2.4.3.3 Mitigation Banking.
Wetland mitigation banking is the creation or restoration of wetlands in
order to provide mitigation credits that can be used to offset permitted
wetland losses. Mitigation banking benefits wetland resources by
providing advance replacement for permitted wetland losses;
consolidating small projects into larger, better-designed and managed
units; and encouraging integration of wetland mitigation projects with
watershed planning. This last benefit is most helpful for airport projects,
as wetland impacts mitigated outside of the separations identified in
Paragraphs 1.2 through 1.4 can still be located within the same watershed.
Wetland mitigation banks meeting the separation criteria offer an
ecologically sound approach to mitigation in these situations. Airport
operators should work with local watershed management agencies or
organizations to develop mitigation banking for wetland impacts on
airport property.
2.5 Dredge Spoil Containment Areas.
The FAA recommends against locating dredge spoil containment areas (also known as
Confined Disposal Facilities) within the separations identified in Paragraphs 1.2
through 1.4 if the containment area or the spoils contain material that would attract
hazardous wildlife. Proposals for new dredge spoil containment areas located within the
separation distances should be reviewed on a case-by-case basis to determine the
likelihood of resulting in an increase in hazardous wildlife. The FAA recommends that
airport sponsors work with a Qualified Airport Wildlife Biologist and/or the FAA to
review proposals for dredge spoil containment areas located within separation criteria.
2.6 Agricultural Activities.
Many agricultural crops can attract hazardous wildlife and should not be planted within
the separations identified in Paragraphs 1.2 through 1.4. Corn, wheat, and other small
grains in particular should be avoided. If the airport has no financial alternative to
agricultural crops to produce the income necessary to maintain the viability of the
airport, then the airport should consider growing crops that hold little food value for
hazardous wildlife, such as grass hay. Attractiveness to hazardous wildlife species
during all phases of production, from planting through harvest and fallow periods,
should be considered when contemplating the use of airport property for agricultural
production. Where agriculture is present, crop residue (e.g., waste grain) should not be
left in the field following harvest. Also, airports should consult AC 150/5300-13,
Airport Design, to ensure that agricultural crops do not create airfield obstructions or
other safety hazards. Before planning or initiating any agricultural practices on airport
property, operators should get approval from the appropriate FAA regional Airports
Division Office and demonstrate that the additional cost of wildlife control and
potential accidents is offset by revenue generated by agricultural leases. Annual review
of the Airport Certification Manual by the Certification Inspector does not constitute
approval and is insufficient to meet this requirement.
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2.6.1 Livestock Production.
Confined livestock operations (i.e., feedlots, dairy operations, hog or chicken
production facilities, or egg laying operations) often attract flocking birds, such as
blackbirds, starlings, or pigeons that pose a hazard to aviation. Therefore, the FAA
recommends against such facilities within the separations identified in Paragraphs 1.2
through 1.4. The airport operator should be aware of any wildlife hazards that appear to
be attracted to off-site livestock operations and consider working with a Qualified
Airport Wildlife Biologist to identify reasonable and feasible measures that may be
proposed to landowners to reduce the attractiveness of the site to the potentially
hazardous wildlife species.
2.6.1.1 In exceptional circumstances, and following FAA review and approval,
livestock may be grazed on airport property as long as they are off the
airfield and separated behind fencing where they cannot pose a hazard to
aircraft. The livestock should be fed and watered as far away from the
airfield and approach/departure space as possible because the feed and
water may attract birds. The wildlife management plan should include
monitoring and wildlife mitigation for any areas where the livestock and
their feed/water is located in case a wildlife hazard is detected. Airports
without wildlife management plans should equally consider monitoring
and mitigation protocols to identify and address any wildlife hazards
associated with livestock and their feeding operations.
2.6.2 Alternative Uses of Agricultural Land.
2.6.2.1 Habitat modification both on and surrounding an airfield is one of the best
and most economical long term mitigation strategies to decrease risk that
wildlife pose to flight safety. Alternative land uses (e.g., solar and
biofuel) at airports could help mitigate many of the challenges for the
airport operator, developers, and conservationists. However, careful
planning must first determine that proposed alternative energy production
at airports does not create wildlife attractants or other hazards.
2.6.2.2 Some airports are surrounded by vast areas of farmed land within the
distances specified in Paragraphs 1.2 through 1.4. Seasonal uses of
agricultural land for activities such as hunting can create a hazardous
wildlife situation. In some areas, farmers will rent their land for hunting
purposes. Rice farmers, among others, flood their land to attract waterfowl
or for conservation efforts. This is often done during waterfowl hunting
season to obtain additional revenue by renting out duck blinds.
2.6.2.3 The waterfowl hunters then use decoys and call in hundreds, if not
thousands, of birds, creating a threat to aircraft safety. It is recommended
that a Qualified Airport Wildlife Biologist review, in coordination with
local farmers and producers, these types of seasonal land uses and
incorporate mitigating measures into the wildlife management plan, when
possible.
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2.7 Aquaculture.
Aquaculture is the breeding, rearing, and harvesting of fish, shellfish, and plants in all
types of water environments including ponds, rivers, lakes, and the ocean. Aquaculture
is used to produce food fish, sport fish, bait fish, ornamental fish, and to support
restoration activities. Aquacultured species are grown in a range of facilities including
tanks, cages, ponds, and raceways. When an aquaculture facility is proposed within the
separation criteria, the airport operator, project proponent, and local jurisdiction should
discuss the proposed project location with regard to its attraction to hazardous species,
location near the airport and the separation distances identified in Paragraphs 1.2
through 1.4. If a facility is identified as a possible significant attraction, a more suitable
location for the proposed facility should be identified. If no other suitable location
exists, it is recommended that the proposed facility plans be reviewed by a Qualified
Airport Wildlife Biologist to identify measures to avoid or reduce the facility’s
potential to attract hazardous wildlife.
2.7.1 Freshwater Aquaculture.
2.7.1.1 Freshwater aquaculture activities (e.g., catfish, tilapia, trout or bass
production) are typically conducted outside of fully enclosed buildings in
constructed ponds or tanks and are inherently attractive to a wide variety
of birds and therefore pose a significant risk to airport safety when within
the separation distances specified in Paragraphs 1.2 through 1.4.
Freshwater aquaculture should only be considered if extensive mitigation
measures have been incorporated to eliminate attraction to hazardous
birds. Examples of such mitigation include:
1. Netting or other material to exclude hazardous birds (e.g., eagles,
osprey, gulls, cormorants);
2. Acoustic hazing including pyrotechnics, propane cannons, directional
sonic/hailing devices and other similar technologies;
3. Feeding procedure cleanliness, exclusion techniques prohibiting birds
from perching or accessing food; efficiency of feeding operation
procedures that reduce fish food attraction to hazardous birds;
4. Operation procedure efficiency transferring live fish to and from
enclosures or removal of dead fish; maintenance and upkeep of
facility;
5. Monitoring, mitigation and communication protocols with nearby
airports as a proactive safety feature in response to specific hazardous
species in the event they are identified at the facility in unacceptable
numbers.
2.7.2 Marine Aquaculture.
Marine aquaculture (Mariculture) refers to the culturing of species that live in the
ocean. When appropriately managed and mitigated as necessary, mariculture facilities
do not pose a significant risk to airport safety.
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2.7.2.1 Finfish Mariculture.
2.7.2.1.1 U.S. finfish mariculture primarily produces salmon and steelhead trout as
well as lesser amounts of cod, moi, yellowtail, barramundi, seabass, and
seabream. Maricultures use rigid and non-rigid enclosures (e.g., cages) at
the surface or submerged in the water column. These enclosures may be
fully enclosed, or be open at the top or covered with netted material to
negate losses from depredation by birds or other predators. Different
facilities employ different designs and operational protocols.
2.7.2.1.2 While mariculture operations typically do not pose a significant attractant
to hazardous birds, design and operational features can be incorporated as
permit conditions to mitigate attraction and effectively reduce this risk.
Examples of such mitigation include:
1. Fully enclosed cages using netting or other material to exclude
hazardous birds (e.g., gulls, cormorants, pelicans) and to insure
retention of fish;
2. Submerged enclosures to reduce attraction to hazardous birds;
3. Feed barge cleanliness, exclusion techniques prohibiting birds from
perching or accessing food; efficiency of feeding operation procedures
that reduce fish food attraction to hazardous birds;
4. Operation procedure efficiency transferring live fish to and from
enclosures or removal of dead fish; maintenance and upkeep of
facility;
5. Monitoring, mitigation and communication protocols with nearby
airports as a proactive safety feature in response to specific hazardous
species in the event they are identified at the facility in unacceptable
numbers.
2.7.2.2 Shellfish Mariculture.
U.S. shellfish mariculture primarily produces oysters, clams, mussels,
lobster and shrimp. Shellfish may be grown directly on the bottom, in
submerged cages or bags, or on suspended lines. These types of
mariculture operations do not typically present a significant attractant to
hazardous birds. For those operations that are found to pose a significant
risk, design and operation features that diminish possible attraction to
hazardous bird species (e.g., reducing areas for perching or feeding) can
effectively reduce this risk.
2.7.2.3 Plant Mariculture.
2.7.2.3.1 Microalgae, also referred to as phytoplankton, microphytes, or planktonic
algae constitute the majority of cultivated algae. Macroalgae, commonly
known as seaweed, also have many commercial and industrial uses.
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2.7.2.3.2 While few commercial seaweed farms exist, the sector is growing. These
types of mariculture operations do not typically present an attractant to
hazardous birds.
2.8 Golf Courses, Landscaping, Structures and Other Land-Use Considerations.
2.8.1 Golf Courses.
The large grassy areas and open water found on most golf courses are attractive to
hazardous wildlife, particularly Canada geese and some species of gulls. These species
can pose a threat to aviation safety. If golf courses are located on or near airport
property, airport operators should be alert to any wildlife use or habitat changes in these
areas that could affect safe aircraft operations. Accordingly, airport operators should
develop, at a minimum, onsite measures to minimize hazardous wildlife attraction in
consultation with a Qualified Airport Wildlife Biologist. Existing golf courses located
within these separations that have been documented to attract hazardous wildlife are
encouraged to develop a program to reduce the attractiveness of the sites to species that
are hazardous to aviation safety. The FAA recommends against construction of new
golf courses within the separations identified in Paragraphs 1.2 through 1.4 if
determined that the new facility would create a significant wildlife hazard attractant by
a Qualified Airport Wildlife Biologist. Airport operators should ensure these golf
courses are monitored on a continuing basis for the presence of hazardous wildlife. If
hazardous wildlife is detected, corrective actions should be immediately implemented.
2.8.2 Landscaping and Landscape Maintenance.
2.8.2.1 Depending on its geographic location, landscaping can attract hazardous
wildlife. The FAA recommends that airport operators approach
landscaping with caution and confine it to airport areas not associated with
aircraft movements. Vegetation that produces seeds, fruits, or berries, or
that provides dense roosting or nesting cover should not be used. Airports
should develop a landscape plan to include approved and prohibited
plants. The landscape plan should consider the watering needs of mature
plants. A Qualified Airport Wildlife Biologist should review all
landscaping plans. Airport operators should also monitor all landscaped
areas on a continuing basis for the presence of hazardous wildlife. If
hazardous wildlife is detected, corrective actions should be immediately
implemented.
2.8.2.2 Turf grass areas on airports have the potential to be highly attractive to a
variety of hazardous wildlife species. Research conducted by the USDA
Wildlife Services’ National Wildlife Research Center has shown that no
one airfield vegetation management regimen will deter all species of
hazardous wildlife in all situations. The composition and height of airfield
grasslands should be properly managed to reduce their attractiveness to
hazardous wildlife. In many situations, an intermediate height,
monoculture turf grass might be most favorable. In cooperation with a
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Qualified Airport Wildlife Biologist, airport operators should develop
airport turf grass management plans on a prescription basis, including
cultivar selection during reseeding efforts, that is specific to the airport’s
geographic location, climatic conditions, and the type of hazardous
wildlife likely to frequent the airport.
2.8.2.3 Airport operators should ensure that plant varieties attractive to hazardous
wildlife are not used on the airport. Disturbed areas or areas in need of re-
vegetating should not be planted with seed mixtures containing millet or
any other large-seed producing grass. For airport property already planted
with seed mixtures containing millet, rye grass, or other large-seed
producing grasses, the FAA recommends disking, plowing, or another
suitable agricultural practice to prevent plant maturation and seed head
production. Plantings should follow the specific recommendations for
grass management and seed and plant selection made by the State
University Cooperative Extension Service, the local office of Wildlife
Services, or a Qualified Airport Wildlife Biologist. Airport operators
should also consider developing and implementing a preferred/prohibited
plant species list, reviewed by a Qualified Airport Wildlife Biologist,
which has been designed for the geographic location to reduce the
attractiveness to hazardous wildlife for landscaping airport property.
2.8.3 Structures.
2.8.3.1 Certain structures attract birds for loafing and nesting. Flat rooftops can be
attractive to many species of gulls for nesting, hangars provide roosting /
nesting opportunities for rock doves, towers, light posts and navigation
aids can provide loafing / hunting perches for raptors and aircraft can
provide loafing / nesting sites for European starlings, blackbirds and other
species. These structures should be monitored and mitigated, if located on-
site. Off-site structural attractions may require additional coordination to
effectively mitigate their use by hazardous species.
2.8.3.2 Cellular communications towers are becoming increasingly more
attractive to large birds (e.g., osprey, eagles, herons, vultures) for nesting
and rearing their young. This problem is a growing concern because once
the young fledge from nests built on manmade structures they are more
likely to return to these kinds of sites to reproduce in future years.
2.8.4 Other Hazardous Wildlife Attractants.
Other land uses (e.g., conservation easements, parks, wildlife management areas) or
activities not addressed in this AC may have the potential to attract hazardous wildlife.
Regardless of the source of the attraction, when hazardous wildlife is noted on a public-
use airport, each certificate holder must take prompt remedial action(s) to protect
aviation safety and all non-certificated airports should take prompt remedial action(s) to
protect aviation safety.
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2.9 Habitat for State and Federally Listed Species on Airports.
An airport’s air operations area is an artificial environment that has been created and
maintained for aircraft operations. Because an aircraft operations area can be markedly
different from the surrounding native landscapes, it may attract wildlife species that do
not normally occur, or that occur only in low numbers in the area. Some of the
grassland species attracted to an airport’s aircraft operations area are at the edge of their
natural ranges, but are attracted to habitat features found in the airport environment.
Also, some wildlife species may occur on the airport in higher numbers than occur
naturally in the region because the airport offers habitat features the species prefer.
Some of these wildlife species are Federal or state-listed threatened and endangered
species or have been designated by state resource agencies as species of special
concern.
2.9.1 State-Listed Species Habitat Concerns.
2.9.1.1 Many state wildlife agencies have requested that airport operators
facilitate and encourage habitat on airports for state-listed threatened and
endangered species or species of special concern. Airport operators should
exercise caution in adopting new management techniques because they
may increase wildlife hazards and be inconsistent with safe airport
operations. Managing the on-airport environment to facilitate or encourage
the presence of hazardous wildlife species can create conditions that are
incompatible with, or pose a threat to, aviation safety.
2.9.1.2 Not all state-listed threatened and endangered species or species of
concern pose a direct threat to aviation safety. However, these species may
pose an indirect threat and be hazardous because they attract other wildlife
species or support prey species attractive to other species that are directly
hazardous. Also, the habitat management practices that benefit these state-
listed threatened and endangered species and species of special concern
may attract other hazardous wildlife species. On-airport habitat and
wildlife management practices designed to benefit wildlife that directly or
indirectly create safety hazard where none existed before are incompatible
with safe airport operations.
2.9.2 Federally Listed Species Habitat Concerns.
2.9.2.1 The FAA supports efforts to protect threatened and endangered species, as
a matter of principle and consistent with the Endangered Species Act of
1973. The FAA must balance these requirements with our requirements
and mission to maintain a safe and efficient airport system. Requests to
enhance or create habitat for threatened and endangered species often
conflict with the safety of the traveling public and may place the protected
species at risk of mortality by aircraft collisions. The FAA does not
support the creation, conservation or enhancement of habitat or refuges to
attract endangered species on airports. If endangered species are present
on an airport, specific obligations may apply under the Endangered
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Species Act, 16 U.S.C. § 1531 et seq. and the airport operator should
contact the Airports District Office Environmental Protection Specialist.
2.9.2.2 The designation of critical habitat for listed species under the Endangered
Species Act on airport lands may be an incompatible land use in conflict
with the intended and dedicated purpose of airport lands and may limit or
preclude the ability of the airport to develop new infrastructure and growth
capacity to meet future air carrier service demand. In addition, depending
on the listed species (primarily but not limited to avian species), the
designation of critical habitat within the separation distances provided in
paragraphs 1.2 - 1.4 can represent a hazardous wildlife attractant in
conflict with 14 CFR Part 139.337.
2.10 Synergistic Effects of Surrounding Land Uses.
There may be circumstances where two or more different land uses would not, by
themselves, be considered hazardous wildlife attractants or are located outside of the
separations identified in Paragraphs 1.2 through 1.4 but collectively may create a
wildlife corridor directly through the airport and/or surrounding airspace. An example
involves a lake located outside of the separation criteria on the east side of an airport
and a large hayfield on the west side of an airport. These two land uses, taken together,
could create a flyway for Canada geese directly across the airspace of the airport.
Airport operators must consider the entire surrounding landscape and community when
developing the wildlife management plan.
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CHAPTER 3. PROCEDURES FOR WILDLIFE HAZARD MANAGEMENT BY OPERATORS
OF PUBLIC-USE AIRPORTS AND CONDITIONS FOR NON-CERTIFICATED AIRPORTS TO
CONDUCT WILDLIFE HAZARD ASSESSMENTS AND WILDLIFE HAZARD SITE VISITS
3.1 Introduction.
In recognition of the increased risk of serious aircraft damage or the loss of human life
that can result from a wildlife strike, the FAA recommends all airports conduct a
Wildlife Hazard Site Visit or Wildlife Hazard Assessment unless otherwise mandated
after an initial triggering events defined in Part 139 Section 139.337. After the airport
has completed the site visit or assessment and implemented a wildlife management
plan, investigations should be conducted following subsequent triggering events to
determine if the original assessment and plan adequately address the situation or if
conditions have changed that would warrant an update to the plan. In this section,
airports that are certificated under 14 C.F.R. § 139.337 are referred to as “certificated
airports” and all others are referred to as “non-certificated airports.” When a statement
refers to both certificated and non-certificated airports, “airport” or “all airports” is
used.
3.2 Coordination with Qualified Airport Wildlife Biologists.
Hazardous wildlife management is a complex discipline and conditions vary widely
across the United States. Therefore, only airport wildlife biologists meeting the
qualification requirements in Advisory Circular 150/5200-36, Qualifications for
Wildlife Biologist Conducting Wildlife Hazard Assessments and Training Curriculums
for Airport Personnel Involved in Controlling Wildlife Hazards on Airports, can
conduct Site Visits and Assessments. Airports must maintain documentation that the
Qualified Airport Wildlife Biologist meets the qualification requirements in Advisory
Circular 150/5200-36.
3.3 Wildlife Hazard Management at Airports: A Manual For Airport Personnel.
3.3.1 The Wildlife Hazard Management at Airports manual, prepared by FAA and USDA
Wildlife Services staff, contains a compilation of information to assist airport
personnel in the development, implementation, and evaluation of wildlife
management plans at airports. The manual includes specific information on the nature
of wildlife strikes, legal authority, regulations, wildlife management techniques,
Assessments, Plans, and sources of help and information. The manual is available in
three languages: English, Spanish, and French. It can be viewed and downloaded free
of charge from the FAA’s wildlife hazard mitigation web site:
https://www.faa.gov/airports/airport_safety/wildlife. This manual only provides a
starting point for addressing wildlife hazard issues at airports. FAA recommends that
airports consult with a Qualified Airport Wildlife Biologists to assist with
development of a wildlife management plan and the implementation of management
actions by airport personnel.
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3.3.2 There are many other resources complementary to this manual for use in developing
and implementing wildlife management plans. Several are listed in the manual’s
bibliography or on the FAA Wildlife Mitigation website:
https://www.faa.gov/airports/airport_safety/wildlife
3.4 Wildlife Hazard Site Visits and Wildlife Hazard Assessments.
3.4.1 Operators of certificated airports are encouraged to conduct an initial assessment
regardless of whether the airport has experienced one of the triggering events. Doing
so would allow the airport to take proactive action and mitigate the wildlife risk
before experiencing an incident. All other airports are encouraged to conduct an
assessment or site visit (as defined in FAA Advisory Circular 150/5200-38)
conducted by a Qualified Airport Wildlife Biologist (as defined in FAA Advisory
Circular 150/5200-36). Part 139 certificated airports are currently required to ensure
that an assessment is conducted consistent with 14 C.F.R. § 139.337.
3.4.2 The intent of a site visit is to provide an abbreviated analysis of an airport’s wildlife
hazards and to provide timely information that allows the airport to expedite the
mitigation of these hazards. The FAA also recommends that airports conduct an
assessment or site visit as soon as practicable in order to identify any immediate
wildlife hazards and/or mitigation measures.
3.4.3 Non-certificated airports should submit the results of the site visit or assessment to the
FAA for review. The FAA will review the submitted site visit or assessment and
make a recommendation regarding the development of a wildlife management plan. A
wildlife management plan can be developed based on a site visit and will be required
if the non-certificated airport is going to request federal grants for the purpose of
mitigating wildlife hazards.
3.5 Wildlife Hazard Management Plan.
3.5.1 The FAA will consider the results of the assessment, along with the aeronautical
activity at the airport and the views of the airport operator and airport users, in
determining whether a wildlife management plan is needed for certificated airports, or
recommended for non-certificated airports.
3.5.2 If the FAA determines that a wildlife management plan is needed for a certificated
airport, the airport operator must formulate a plan, using the assessment as its basis
and submit to the FAA for approval. If the FAA recommends that a non-certificated
airport develop a plan, either an assessment or a site visit can be used as the basis for
the wildlife management plan. Airports should consult AC 150/5200-38, Protocol for
the Conduct and Review of Wildlife Hazard Site Visits, Wildlife Hazard Assessments,
and Wildlife Hazard Management Plans, for further information on preparation and
implementation requirements for their wildlife management plan.
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3.5.3 The goal of an airport’s wildlife management plan is to minimize the risk to aviation
safety, airport structures or equipment, or human health posed by populations of
hazardous wildlife on and around the airport. For wildlife management plans to
effectively reduce wildlife hazards on and near airports, accurate and consistent
wildlife strike reporting is essential. Airports should consult AC 150/5200-32,
Reporting Wildlife Aircraft Strikes, for further information on responsibilities and
recommendations concerning wildlife strikes.
3.5.4 The wildlife management plan must identify hazardous wildlife attractants on or near
the airport and the appropriate wildlife management techniques to minimize the
wildlife hazard. It must also prioritize the management measures.
3.6 Local Coordination.
The FAA recommends establishing a Wildlife Hazards Working Group to facilitate the
communication, cooperation, and coordination of the airport and its surrounding
community necessary to ensure the effectiveness of the wildlife management plan. The
cooperation of the airport community is essential to prevent incompatible development
in the airport vicinity. Whether on or off the airport, input from all involved parties
must be considered when a potentially hazardous wildlife attractant is being proposed.
Based on available resources, airport operators should undertake public education
activities with the local planning agencies because some activities in the vicinity of an
airport, while harmless under normal conditions, can attract wildlife and present a
danger to aircraft (see Paragraphs 4.5 to 4.8). For example, if public trails are planned
near wetlands or in parks adjoining airport property, the public should know that
feeding birds and other wildlife in the area may pose a risk to aircraft.
3.7 Operational Notifications of Wildlife Hazards.
3.7.1 Operational notifications include active correspondence addressing wildlife issues on
or near an airport, notifications and alerts. If an existing land-use practice creates a
wildlife hazard and the land-use practice or wildlife hazard cannot be immediately
eliminated, airport operators must issue a Notice to Airmen (NOTAM) and encourage
the land owner or manager to take steps to control the wildlife hazard and minimize
further attraction. Permanent attractions that cannot be eliminated or mitigated may
be noted in the Airport/Facility Directory. NOTAMS and Airport/Facility Directory
notifications are not appropriate for short-term or immediate advisories that can be
relayed via Pilot Reports, direct air traffic control voice communications, or
temporary Automated Terminal Advisory System alerts. Care should be given to
avoid the continual broadcast of general warnings for extended periods of time.
General warnings such as “birds in the vicinity of the aerodrome” offer little timely
information to aid pilots and eventually may be ignored if not updated.
3.7.2 The Automated Terminal Advisory System (ATIS) is a continuous broadcast of
recorded aeronautical information for aerodromes and their immediate surroundings.
ATIS broadcasts contain essential information, such as current weather information,
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active runways, available approaches, wildlife hazards and any other information
required by the pilots. They indicate significant (moderate or severe) wildlife activity,
as reported by an approved agency that presents temporary hazards on the ATIS
broadcast. Pilots take notice of available ATIS broadcasts before contacting the local
control unit, which reduces the controllers’ workload and relieves frequency
congestion. The recording is updated in fixed intervals or when there is a significant
change in the information. Although ATIS broadcasts involving wildlife should be
timely and specific, pilots do not need to know species-specific information. General
descriptive information detailing size and number of animals, locations and timing of
occurrence provides useful, actionable information for pilots.
3.7.3 A pilot report (PIREP) is reported by a pilot to indicate encounters of hazardous
weather (e.g., icing or turbulence) and hazardous wildlife. Pilot reports are short-lived
warnings providing immediate information on pilot observations that are transmitted
in real-time to air traffic control. Large animals near active surfaces, soaring vultures
and raptors within approach/ departure corridors and waterfowl such as geese feeding
in grassy areas next to runways are all examples of pilot reports generated by pilots.
3.8 Federal and State Depredation Permits.
The FAA recommends that airports maintain federal and state depredation permits to
allow mitigation and/ or removal of hazardous species. All protected species require
special permits for lethal mitigation or capture and relocation procedures. Similarly,
endangered or threatened species mitigation also requires special permits. The FAA
recommends that airports work closely with a Qualified Airport Wildlife Biologist
during the U.S. Fish and Wildlife Service consultation and permitting process. The
following Orders can help airports reduce risks from hazardous species by allowing
private citizens to control hazardous species off airport properties without the need for a
Federal depredation permit.
3.8.1 Standing Depredation Orders.
3.8.1.1 Federal law allows people to protect themselves and their property from
damage caused by migratory birds. Provided no effort is made to kill or
capture the birds, a depredation permit is not required to merely scare or
herd depredating migratory birds other than endangered or threatened
species or bald or golden eagles (50 CFR 21.41).
3.8.1.2 In addition, certain species of migratory birds may be mitigated without a
federal permit under specific circumstances, many of which relate to
agricultural situations. The following Standing Depredation Orders have
applicability near airports:
50 CFR § 21.49- Control Order for Resident Canada Geese at Airports
and Military Airfields.
50 CFR § 21.50- Depredation Order for Resident Canada Geese Nests
and Eggs.
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50 CFR § 21.43 - Depredation Order for Blackbirds, Cowbirds, Crows,
Grackles, and Magpies.
50 CFR § 21.54 - Control Order for Muscovy Ducks in the United
States.
50 CFR § 21.55 - Control Order for Invasive Migratory Birds in
Hawaii.
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CHAPTER 4. RECOMMENDED PROCEDURES FOR THE FAA, AIRPORT OPERATORS
AND OTHER GOVERNMENT ENTITIES REGARDING OFF-AIRPORT ATTRACTANTS
4.1 FAA Notification and Review of Proposed Land-Use Practice Changes in the
Vicinity of Public-Use Airports.
4.1.1 For projects that are located within 5 miles of the airport’s aircraft operations area, the
FAA may review development plans, proposed land-use changes, operational
changes, major federal actions or wetland mitigation plans to determine if such
changes increase risk to airport safety by attracting hazardous wildlife on and around
airports. The FAA is not a permitting agency for land use modifications that occur off
airport properties, therefore, such reviews are typically initiated by state or federal
permitting agencies seeking FAA input on new or revised permits. Each of the land
uses listed in Chapter 2 of this AC has the potential to pose a risk to airport operations
when they are located within the separation distances provided in Paragraphs 1.2
through 1.4.
4.1.2 Off-site land use modifications near airports may include an assessment of risk for
facilities and land-use changes and, if necessary, mitigation strategies that may reduce
risk to an acceptable level. However, the FAA recognizes that individual facilities or
land-use modifications may present a range of attractants to different species,
resulting in varying levels of risk. Therefore, the FAA considers each proposal on a
case-by-case basis.
4.1.3 The FAA analyzes each land-use modification or new facility proposal prior to its
establishment or any significant planned changes to design or operations that may
increase the risk level. As part of a review, the FAA considers several factors that
include, but are not limited to:
1. Type of attractant;
2. Size of attractant;
3. Location/distance of attractant from airport;
4. Design (e.g., construction, material, mitigation techniques employed into design);
5. Operation (e.g., cleanliness, constancy/ volume of use, seasonality, time of day);
6. Monitoring protocols (e.g., frequency, documentation, evaluation, species
identification and number thresholds that trigger actions of communication or
mitigation, baseline wildlife data);
7. Mitigation protocols (e.g., responsibilities, methods, intensity, pre-determined
objectives, documentation, evaluation); and
8. Communication protocols to airport and/ or air traffic control tower;
4.1.4 The review of these factors may result in FAA recommended additions or
modifications to a conditional use permit that allows the permitting agency to track
compliance with the permittee obligations. Such conditions placed within a permit
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may involve a comprehensive outline and recognition of individuals responsible for
monitoring, communication, and mitigation measures if certain action thresholds are
met. Action thresholds are defined in this instance as those pre-determined parameters
(e.g., number, location, behavior, time of day) of specific hazardous species that
would trigger a mitigation response. Additionally, baseline data should be used to
determine the effect, if any, on wildlife populations at the proposed off-site location
and/or at the airport.
4.1.5 Baseline data may need to be collected, depending on the existence of useful data and
timeline for site modification. If, after taking into account the factors above, FAA
determines that a facility poses a significant risk to airport safety, FAA will object to
its establishment or renewal.
4.1.6 For projects that are located within 5 miles of the airport’s aircraft operations area, the
FAA Airport District Office may review development plans, proposed land-use
changes, operational changes, major federal actions or wetland mitigation plans to
determine if such changes present potential wildlife hazards to aircraft operations.
The FAA considers sensitive airport areas as those that lie under or next to approach
or departure airspace. This brief examination should indicate if further investigation is
warranted.
4.1.7 Where a Qualified Airport Wildlife Biologist has conducted a further study to
evaluate a site’s compatibility with airport operations, the FAA may use the study
results to make a determination.
4.2 Waste Management Facilities.
4.2.1 Notification of New/Expanded Project Proposal.
4.2.1.1 49 U.S.C. § 44718(d), prohibits the construction or establishment of new
municipal landfills within 6 miles of certain public-use airports, when both
the airport and the landfill meet specific conditions. See Paragraph 2.2 of
this guidance for a more detailed discussion of these restrictions.
4.2.1.2 The Environmental Protection Agency (EPA) requires any landfill
operator proposing a new or expanded waste disposal operation within 5
miles of a runway end to notify the appropriate FAA Regional Airports
Division Office and the airport operator of the proposal. See 40 CFR §
258, Criteria for Municipal Solid Waste Landfills, Section 258.10, Airport
Safety. The EPA also requires owners or operators of new landfill units, or
lateral expansions of existing MSWLF landfill units, that are located
within 10,000 feet of any airport runway end used by turbine-powered
aircraft, or within 5,000 feet of any airport runway end used only by
piston-type aircraft, to demonstrate successfully that such units are not
hazards to aircraft. (See 4.3.2 below.)
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4.2.1.3 When new or expanded municipal landfills are being proposed near
airports, landfill operators must notify the airport operator and the FAA of
the proposal as early as possible pursuant to 40 CFR § 258.
4.2.1.4 The FAA discourages the development of waste disposal and other
facilities, discussed in Chapter 2, located within the separation criteria
specified in Paragraphs 1.2 through 1.4. To show that a waste-handling
facility sited within the separations identified in Paragraphs 1.2 through
1.4 does not attract hazardous wildlife and does not threaten aviation, the
developer must establish the facility will not handle putrescible material
other than that as outlined in 2.2.4. The FAA recommends against any
facility other than those outlined in 2.2.4 (enclosed transfer stations). The
FAA will use this information to determine if the facility will be a hazard
to aviation.
4.3 Other Land-Use Practice Changes.
4.3.1 The FAA encourages operators of public-use airports who become aware of proposed
land use practice changes that may attract hazardous wildlife within 5 miles of their
airports to notify their assigned Airport Certification Safety Inspector or Airports
District Office Program Manager. The FAA also encourages proponents of such land
use changes to notify the FAA as early in the planning process as possible. Advanced
notice affords the FAA an opportunity (1) to evaluate the effect of a particular land-
use change on aviation safety and (2) to support efforts by the airport sponsor to
restrict the use of land next to or near the airport to uses that are compatible with the
airport.
4.3.2 The airport operator, project proponent, or land-use operator may use FAA Form
7460-1, Notice of Proposed Construction or Alteration, or other suitable documents
similar to FAA Form 7460-1 to notify the appropriate FAA Regional Airports
Division Office. Project proponents can contact the appropriate FAA Regional
Airports Division Office for assistance with the notification process prior to
submitting Form 7460-1.
4.3.3 It is helpful if the notification includes a 15-minute quadrangle map of the area
identifying the location of the proposed activity. The land-use operator or project
proponent should also forward specific details of the proposed land-use change or
operational change or expansion. In the case of solid waste landfills, the information
should include the type of waste to be handled, how the waste will be processed, and
final disposal methods.
4.3.4 Airports that have Received Federal Assistance.
Airports that have received Federal assistance are required under their grant assurances
to take appropriate actions to restrict the use of land next to or near the airport to uses
that are compatible with normal airport operations. See Grant Assurance 21. The FAA
recommends that airport operators oppose off-airport land-use changes or practices, to
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the extent practicable, within the separations identified in Paragraphs 1.2 through 1.4,
which may attract hazardous wildlife. Failure to do so may lead to noncompliance with
applicable grant assurances. The FAA will not approve the placement of airport
development projects pertaining to aircraft movement in the vicinity of hazardous
wildlife attractants without appropriate mitigating measures. Increasing the intensity of
wildlife control efforts is not a substitute for preventing, eliminating or reducing a
proposed wildlife hazard. Airport operators should identify hazardous wildlife
attractants and any associated wildlife hazards during any planning process for airport
development projects.
4.4 Coordination to Prevent Creation of New Off-Airport Hazardous Wildlife
Attractants.
Airport operators should work with local and regional planning and zoning boards to be
aware of proposed land-use changes, or modification of existing land uses, that could
create hazardous wildlife attractants within the separations identified in Paragraphs 1.2
through 1.4. Pay particular attention to proposed land uses involving creation or
expansion of wastewater treatment facilities, development of wetland mitigation sites,
or development or expansion of dredge spoil containment areas. At the very least, it is
recommended that airport operators are on the notification list of the local planning
board or equivalent review entity for all communities located within 5 miles of the
airport, so they will receive notification of any proposed project and have the
opportunity to review it for attractiveness to hazardous wildlife. This may be
accomplished through one or more of the following:
4.4.1 Site-specific Criteria.
The airport should establish site-specific criteria for assessment of land uses attractive
to hazardous wildlife and locations that would be of concern based on wildlife strikes
and on wildlife abundance and activity at the airport and in the local area. These criteria
may be more selective, but should not be less restrictive than this guidance.
4.4.2 Outreach.
Airports should actively seek to provide educational information and/ or provide input
regarding local development, natural resource modification or wildlife-related concerns
that affect wildlife hazards and safe air travel.
4.4.2.1 External Outreach.
Airport operators and a Qualified Airport Wildlife Biologist should
consider outreach to local planning and zoning organizations on land uses
of concern or to local organizations responsible for natural resource
management (including wildlife, wetlands, and parks.) Airports should
also consider developing and distributing position letters and educational
materials on airport-specific concerns regarding wildlife hazards, wildlife
activity and attraction. Finally, airports should provide formal comments
on local procedures, laws, ordinances, plans, and regulatory actions such
as permits related to land uses of concern.
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4.4.2.2 Internal Outreach.
Airports should consider developing and distributing position letters and
educational materials on airport-specific concerns regarding species
identification and mitigation procedures, wildlife hazards, wildlife activity
and attraction to employees and personnel with access to the aircraft
operations area.
4.5 Coordination on Existing Off-Airport Hazardous Wildlife Attractants.
Airports are encouraged to work with landowners and managers to cooperatively
develop procedures to monitor and manage hazardous wildlife attraction. If applicable,
these procedures may include:
1. Conducting a wildlife hazard site visit by a wildlife biologist meeting the
qualification requirements of Advisory Circular 150/5200-36, Qualifications for
Wildlife Biologist Conducting Wildlife Hazard Assessments and Training
Curriculums for Airport Personnel Involved in Controlling Wildlife Hazards on
Airports
2. Conducting regular, standardized, wildlife monitoring surveys;4
3. Establishing threshold numbers of wildlife which would trigger certain actions
and/or communications;
4. Establishment of procedures to deter or remove hazardous wildlife.
4.6 Prompt Remedial Action.
For attractants found on and off airport property, and with landowner or manager
cooperation, Part 139 certificated airports must take immediate action in accordance
with their Airport Certification Manual and the requirements of Part 139.337, to
alleviate wildlife hazards whenever they are detected. It is also recommended that non-
certificated airports take immediate action to alleviate wildlife hazards whenever they
are detected. In addition, airports should take prompt action to identify the source of
attraction and cooperatively develop procedures to mitigate and monitor the attractant.
For Part 139 Certificated airports, immediate actions are required in accordance
with 139.337(a).
4.7 FAA Assistance.
If there is a question on the implementation of any of the guidance in this section,
contact the FAA Regional Airports Division for assistance.
4 Recommended survey protocols can be found in AC 150/5200-38, Protocol for the Conduct and Review of Wildlife
Hazard Site Visits, Wildlife Hazard Assessments, and Wildlife Hazard Management Plans , and DeVault, T.L., B.F.
Blackwell, and J.L. Belant, eds. 2013. Wildlife in Airport Environments: Preventing Animal–Aircraft Collisions
through Science-Based Management. Johns Hopkins University Press, Baltimore, MD, USA. 181 pp.
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4.7.1 Airport Documentation Procedures.
Airports should document on-site and off-site wildlife attractants as part of their
“Wildlife Hazard Management Plan Annual Review,” “Wildlife Hazard Management
Plan Review Following a Triggering Event,” and the airport’s Continual Monitoring
Annual Report (as outlined in FAA Advisory Circular 150/5200-38). As a best
management practice, airports may choose to keep a log to track contacts from
landowners or managers, permitting agencies, or other entities concerning land uses
near the airport.
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APPENDIX A. DEFINITIONS OF TERMS USED IN THIS ADVISORY CIRCULAR
A.1 General.
This appendix provides definitions of terms used throughout this AC.
1. Air operations area. Any area of an airport used or intended to be used for
landing, takeoff, or surface maneuvering of aircraft. An air operations area includes
such paved areas or unpaved areas that are used or intended to be used for the
unobstructed movement of aircraft in addition to its associated runway, taxiways, or
apron.
2. Airport operator. The operator (private or public) or sponsor of a public-use
airport.
3. Approach or departure airspace. The airspace, within 5 statute miles of an
airport, through which aircraft move during landing or takeoff.
4. Bird balls. High-density plastic floating balls that can be used to cover ponds and
prevent birds from using the sites.
5. Certificate holder. The holder of an Airport Operating Certificate issued under 14
C.F.R. Part 139.
6. Construct a new municipal landfill. To begin to excavate, grade land, or raise
structures to prepare a municipal solid waste landfill as permitted by the appropriate
regulatory or permitting agency.
7. Detention ponds. Storm water management ponds that hold storm water for short
periods of time, a few hours to a few days.
8. Establish a new municipal landfill. When the first load of putrescible waste is
received on-site for placement in a prepared municipal solid waste landfill.
9. Fly ash. The fine, sand-like residue resulting from the complete incineration of an
organic fuel source. Fly ash typically results from the combustion of coal or waste
used to operate a power generating plant.
10. General aviation aircraft. Any civil aviation aircraft operating under 14 CFR Part
91.
11. Hazardous wildlife. Species of wildlife (birds, mammals, reptiles), including feral
and domesticated animals, not under control that may pose a direct hazard to
aviation (i.e., strike risk to aircraft) or an indirect hazard such as an attractant to
other wildlife that pose a strike hazard or are causing structural damage to airport
facilities (e.g., burrowing, nesting, perching).
12. Municipal Landfill. A publicly or privately owned discrete area of land or an
excavation that receives household waste and that is not a land application unit,
surface impoundment, injection well, or waste pile, as those terms are defined under
40 CFR § 257.2. A municipal landfill may receive other types wastes, such as
commercial solid waste, non-hazardous sludge, small-quantity generator waste, and
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industrial solid waste, as defined under 40 CFR § 258.2. A municipal landfill can
consist of either a stand-alone unit or several cells that receive household waste.
13. New municipal landfill. A municipal solid waste landfill that was established or
constructed after April 5, 2001.
14. Piston-powered aircraft. Fixed-wing aircraft powered by piston engines.
15. Piston-use airport. Any airport that does not sell Jet-A fuel for fixed-wing turbine-
powered aircraft, and primarily serves fixed-wing, piston-powered aircraft.
Incidental use of the airport by turbine-powered, fixed-wing aircraft would not
affect this designation. However, such aircraft should not be based at the airport.
16. Public agency. A state or political subdivision of a state, a tax-supported
organization, or an Indian tribe or pueblo (49 U.S.C. § 47102(19)).
17. Public airport. An airport used or intended to be used for public purposes that is
under the control of a public agency; and of which the area used or intended to be
used for landing, taking off, or surface maneuvering of aircraft is publicly owned
(49 U.S.C. § 47102(20)).
18. Public-use airport. An airport used or intended to be used for public purposes
where the area used or intended to be used for landing, taking off, or surface
maneuvering of aircraft may be under the control of a public agency or privately
owned and used for public purposes (49 U.S.C. § 47102(21)).
19. Putrescible waste. Solid waste that contains organic matter capable of being
decomposed by micro-organisms and of such a character and proportion as to be
capable of attracting or providing food for birds (40 CFR §257.3-8).
20. Putrescible-waste disposal operation. Landfills, garbage dumps, underwater waste
discharges, or similar facilities where activities include processing, burying, storing,
or otherwise disposing of putrescible material, trash, and refuse.
21. Retention ponds. Storm water management ponds that hold water for more than 48
hours.
22. Risk. Risk is the relationship between the severity and probability of a threat. It is
the product of hazard level and abundance in the critical airspace, and is thus
defined as the probability of a damaging strike with a given species.
23. Runway protection zone. An area off the runway end to enhance the protection of
people and property on the ground (see AC 150/5300-13). The dimensions of this
zone vary with the airport design, aircraft, type of operation, and visibility
minimum.
24. Scheduled air carrier operation. Any common carriage passenger-carrying
operation for compensation or hire conducted by an air carrier or commercial
operator for which the air carrier, commercial operator, or their representative offers
in advance the departure location, departure time, and arrival location. It does not
include any operation that is conducted as a supplemental operation under 14 CFR
Part 119 or as a public charter operation under 14 CFR Part 380 (14 CFR § 119.3).
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25. Sewage sludge. Any solid, semi-solid, or liquid residue generated during the
treatment of domestic sewage in a treatment works. Sewage sludge includes, but is
not limited to, domestic septage; scum or solids removed in primary, secondary, or
advanced wastewater treatment process; and a material derived from sewage sludge.
Sewage does not include ash generated during the firing of sewage sludge in a
sewage sludge incinerator or grit and screenings generated during preliminary
treatment of domestic sewage in a treatment works. (40 CFR § 257.2)
26. Sludge. Any solid, semi-solid, or liquid waste generated form a municipal,
commercial or industrial wastewater treatment plant, water supply treatment plant,
or air pollution control facility or any other such waste having similar characteristics
and effect. (40 CFR § 257.2).
27. Solid waste. Any garbage, refuse, sludge, from a waste treatment plant, water
supply treatment plant or air pollution control facility and other discarded material,
including, solid liquid, semisolid, or contained gaseous material resulting from
industrial, commercial, mining, and agricultural operations, and from community
activities, but does not include solid or dissolved materials in domestic sewage, or
solid or dissolved material in irrigation return flows or industrial discharges which
are point sources subject to permits under section 402 of the Clean Water Act, or
source, special nuclear, or by product material as defined by the Atomic Energy Act
of 1954.(40 CFR § 257.2).
28. Turbine-powered aircraft. Aircraft powered by turbine engines including turbojets
and turboprops but excluding turbo-shaft rotary-wing aircraft.
29. Turbine-use airport. Any airport that sells fuel for fixed-wing turbine-powered
aircraft.
30. Wastewater treatment facility. Any devices and/or systems used to store, treat,
recycle, or reclaim municipal sewage or liquid industrial wastes, including publicly
owned treatment works, as defined by Section 212 of the Clean Water Act. This
definition includes any pretreatment involving the reduction of the amount of
pollutants, the elimination of pollutants, or the alteration of the nature of pollutant
properties in wastewater prior to or in lieu of discharging or otherwise introducing
such pollutants into a publicly owned treatment system. (See 40 CFR § 403.3 (q),
(r), & (s)).
31. Wildlife. Any wild animal, including without limitation any wild mammal, bird,
reptile, fish, amphibian, mollusk, crustacean, arthropod, coelenterate, or other
invertebrate, including any part, product, egg, or offspring thereof. 50 CFR § 10.12.
As used in this AC, wildlife includes feral animals and domestic animals out of the
control of their owners (14 CFR Part 139, Certification of Airports).
32. Wildlife attractants. Any human-made structure, land-use practice, or human-
made or natural geographic feature that can attract or sustain hazardous wildlife
within the landing or departure airspace or the airport’s aircraft operations area.
These attractants can include architectural features, landscaping, waste disposal
sites, wastewater treatment facilities, agricultural or aquaculture activities, surface
mining, or wetlands.
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33. Wildlife hazard. A potential for a damaging aircraft collision with wildlife on or
near an airport.
34. Wildlife strike. A wildlife strike is deemed to have occurred when:
a. A strike between wildlife and aircraft has been witnessed;
b. Evidence or damage from a strike has been identified on an aircraft;
c. Bird or other wildlife remains, whether in whole or in part, are found:
i. Within 250 feet of a runway centerline or within 1,000 feet of a runway end
unless another reason for the animal’s death is identified or suspected,
unless another reason for the animal’s death is identified or;
ii. On a taxiway or anywhere else on or off airport that there is reason to
believe was the result of a strike with an aircraft.
d. The presence of birds or other wildlife on or off the airport had a significant
negative effect on a flight (i.e., aborted takeoff, aborted landing, high-speed
emergency stop, aircraft left pavement area to avoid collision with animal).
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APPENDIX B. ADDITIONAL RESOURCES
B.1 Regulations
14 CFR § 139.337, Wildlife Hazard Management
40 CFR § 258, Criteria for Municipal Solid Waste Landfills
B.2 Advisory Circulars
AC 150/5200-32, Reporting Wildlife Aircraft Strikes
AC 150/5200-33, Hazard Wildlife Attractants on or Near Airports
AC 150/5200-34, Construction or Establishment of New Landfills Near Public
Airports
AC 150/5200-36, Qualifications for Wildlife Biologist Conducting Wildlife Hazard
Assessments and Training Curriculums for Airport Personnel Involved in
Controlling Wildlife Hazards on Airports
AC 150/5200-38, Protocol for the Conduct and Review of Wildlife Hazard Site
Visits, Wildlife Hazard Assessments, and Wildlife Hazard Management Plans
AC 150/5220-25, Airport Avian Radar Systems
AC 150/5210-24, Airport Foreign Object Debris (FOD) Management
B.3 Certification Alerts
Certalert No. 97-09, Wildlife Hazard Management Plan Outline (11/17/1997)
Certalert No. 98-05, Grasses Attractive To Hazardous Wildlife (9/21/1998)
Certalert No. 06-07, Requests by State Wildlife Agencies to Facilitate and
Encourage Habitat for State Listed Threatened and Endangered Species and
Species of Special Concern on Airports (11/21/2006)
Certalert No. 13-01, Federal and State Depredation Permit Assistance (1/30/2013)
Certalert No.14-01, Seasonal Mitigation of Hazardous Species at Airports:
Attention to Snowy Owls (2/26/2014)
Certalert No. 16-03, Recommended Wildlife Exclusion Fencing (8/2016)
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B.4 Airport Cooperative Research Program Reports
These, and other wildlife / aviation reports, are available from the Transportation
Research Board of the National Academies (TRB) at
http://www.trb.org/Publications/Publications.aspx.
ACRP Research Report 198: Wetland Mitigation, Volume 2, A Guidebook for
Airports (2019)
ACRP Synthesis 92: Airport Waste Management and Recycling Practices (2018)
ACRP Research Report 174: Guidebook and Primer (2018)
ACRP Report 122: Innovative Airport Responses to Threatened / Endangered
Species (2015)
ACRP Report 125: Balancing Airport Stormwater and Bird Hazard Management
(2015)
ACRP Report 145: Applying an SMS Approach to Wildlife Hazard Management
(2015)
ACRP Synthesis 39 Report: Airport Wildlife Population Management (2013)
ACRP Synthesis 52 Report: Habitat Management to Deter Wildlife at Airports
(2014)
ACRP Synthesis 23 Report: Bird Harassment, Repellent, and Deterrent Techniques
for Use on and Near Airports (2011)
ACRP Report 32: Guidebook for Addressing Aircraft/Wildlife Hazards at General
Aviation Airports (2010)
B.5 Manuals
Wildlife Hazard Management at Airports - A Manual for Airport Personnel (2005)
B.6 Orders
50 CFR § 21.49, Control Order for Resident Canada Geese at Airports and Military
Airfields
50 CFR § 21.50, Depredation Order for Resident Canada Geese Nests and Eggs
50 CFR § 21.43, Depredation Order for Blackbirds, Cowbirds, Crows, Grackles,
and Magpies
50 CFR § 21.54, Control Order for Muscovy Ducks in the United States
50 CFR § 21.55, Control Order for Invasive Migratory Birds in Hawaii
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Advisory Circular Feedback
If you find an error in this AC, have recommendations for improving it, or have suggestions for
new items/subjects to be added, you may let us know by (1) mailing this form to Manager,
Airport Safety and Operations Division, Federal Aviation Administration ATTN: AAS-300, 800
Independence Avenue SW, Washington DC 20591 or (2) faxing it to the attention of AAS-300 at
(202) 267-5257.
Subject: AC 150/5200-33C Date:
Please check all appropriate line items:
☐ An error (procedural or typographical) has been noted in paragraph on page
.
☐ Recommend paragraph ______________ on page ______________ be changed as follows:
☐ In a future change to this AC, please cover the following subject:
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☐ Other comments:
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Submitted by: Date:
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