NOTAM - Aviation Real Estate - Runway Special Use Permits - Good or Bad?

What Are Special Use Permits (SUPs) in Aviation?

Special Use Permits (SUPs) are regulatory approvals required to establish or maintain designated aircraft landing spots, especially in rural areas across the United States. These permits are intended to promote safe, responsible land ownership and aviation practices, ensuring that airstrips meet local and federal standards.

"An airport with many years of ongoing use should not have to apply for a temporary use permit, but many counties are pressuring long-established airports to do so."

Why Are SUPs Important for Rural Airstrips and Airparks?

SUPs provide a legal framework for operating private runways, airparks, and temporary landing sites. They help balance the needs of aircraft owners, local residents, and government agencies by:

• Ensuring compliance with safety and environmental regulations

• Facilitating responsible development and use of aviation infrastructure

• Supporting emergency operations, such as firefighting and search-and-rescue missions

  
  

The Challenge: Revocable Permits and Long-Term Viability regarding aviation real estate

A significant concern with SUPs is that many are revocable. This means that even after an airstrip is established and operational, the permit can be withdrawn by local authorities. The revocable nature of these permits creates uncertainty for landowners and aviation stakeholders, potentially impacting long-term investments and the sustainability of rural aviation facilities.

Best Practices: How Airparks and Airports Manage SUPs

Many airparks and small airports have developed effective strategies to manage SUPs and maximize operational potential:

• Documenting Historical Use: Some established airports avoid applying for a new, revocable SUP by providing evidence of continuous runway use, FAA registration, and support for emergency operations.

• Community Engagement: Maintaining open communication with local authorities and residents helps address concerns and build support for ongoing aviation activities.

• Thorough Record-Keeping: Detailed documentation of operations, compliance efforts, and community benefits strengthens the case for continued use and helps defend against permit challenges.

  
  

Temporary Use Permits: Event-Based and Site-Specific Solutions

In some cases, temporary use permits are available for short-term aviation events or operations. These permits require detailed applications, including information on location, aircraft types, operational periods, and local approvals. Temporary permits are strictly limited in scope and duration, emphasizing safety and public interest.

Building a Case Library: Sharing Real-World Examples

At AviationRealEstate.com, we are committed to building a case library of real-world examples-both successes and challenges-in managing SUPs and temporary permits. By sharing these stories, we aim to help the general aviation community:

• Navigate complex regulatory requirements

• Demonstrate the value and necessity of rural airstrips

• Advocate for the preservation of critical aviation infrastructure

Pegasus Airpark in Arizona successfully converted its Temporary Use Permit (TUP) to a non-revocable permit, leading to a significant increase in property values and enhanced community stability.

How to Convert a Temporary Use Permit to a Non-Revocable Permit

Converting a temporary use permit (TUP) to a non-revocable permit can be a complex process that varies depending on local, state, and federal regulations. Below is a general guide to help aircraft owners, airpark developers, and landowners understand the steps involved in making this transition.

1. Understand Jurisdictional Requirements

Temporary permits are typically issued for short-term or event-based use and are revocable by nature. To convert to a non-revocable permit, you must first understand the specific requirements and regulations of the jurisdiction where the airstrip or airport is located. This includes:

• Local zoning and land use rules

• State aviation department regulations

• Federal Aviation Administration (FAA) standards

  
  

2. Demonstrate Long-Term Compliance

To qualify for a non-revocable permit, your site must meet permanent operational standards, including:

• Environmental impact assessments (noise, air quality, traffic)

• Evidence of responsible land use and community compatibility

Providing documentation such as FAA registration, records of historical use, and proof of compliance with temporary permit conditions strengthens your case.

3. Apply for Permit Amendment or Reclassification

Once you have met the necessary standards, you can apply to amend your temporary permit or reclassify it as a permanent one. This often involves:

• Submitting detailed site plans and operational information

• Providing environmental and safety assessments

• Demonstrating community support and local government approvals

4. Secure Community and Regulatory Support

Gaining support from local stakeholders is critical. This includes:

• Obtaining endorsements or approvals from city or county officials

• Engaging nearby residents to address concerns such as noise or traffic

• Coordinating with aviation authorities like the FAA and state aeronautics departments

Strong community and regulatory backing can help remove obstacles and reduce the risk of permit revocation.

5. Address Revocability Clauses and Negotiate Terms

Work with permitting agencies to remove or modify revocability clauses by:

• Demonstrating the airstrip’s critical role (e.g., emergency landing site, firefighting support)

• Highlighting economic and community benefits (jobs, tourism, local services)

• Agreeing to any required fees, bonds, or security deposits associated with permanent permits

  
  

Challenges and Considerations

• Environmental Requirements: Permanent permits may require comprehensive noise studies and traffic impact reports.

• Legal Restrictions: Some jurisdictions may prohibit converting certain temporary permits to permanent status.

• Timeframe: The approval process can take several months or longer depending on agency review timelines.

When Conversion Isn’t Possible

If local laws prevent conversion, consider alternatives such as:

• Renewing temporary permits where allowed

• Pursuing zoning changes to permit permanent aviation use

Have a Case or Facing Issues? Connect With Us

If you are experiencing challenges with special use permits or temporary airport authorizations, or if you have a case study to share, we encourage you to reach out and connect with us. Your insights can help strengthen the aviation community and support the future of rural airstrips and airparks nationwide.

For more information or to share your story, visit AviationRealEstate.com. Together, we can keep general aviation strong.