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Permit Sonoma › Regulations & Long Range Plans › Long Range Plans › Adopted Long-Range Plans › Airport Land Use Plan › Chapter 8 › Airspace Policies
Comprehensive Airport Land Use Plan

Airspace Policies

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  1. No structure, tree, or other object shall be permitted to exceed the height limits established in accordance with Part 77, Subpart C, of the Federal Aviation Regulations (FAR). This criterion applies unless, in the case of a proposed object or growing tree, one or more of the following apply:
    1. The object would be substantially shielded by existing permanent structures or terrain in a manner such that it clearly would not affect the safety of air navigation;
    2. The FAA has conducted an aeronautical study and either determined that the object would not result in a hazard to air navigation or made recommendations for the object’s proper marking and lighting as an obstruction;
    3. The object is otherwise exempted from the requirements of FAR Part 77; or, in the case of an existing object, it exceeds the prescribed height limits at the time the ordinance is adopted, in which case marking and lighting may still be required.
  2. No object shall be permitted to be erected which, because of height or other factors, would result in an increase in the minimum ceiling or visibility criteria for an existing or proposed instrument approach procedure.
  3. An object which would be located within a horizontal or conical zone as defined in F.A.R. Part 77, Subpart C, and would be 35 feet or less in height above the ground (i.e., is within the height limits prescribed for most Sonoma County land use zoning classifications) shall be considered conditionally acceptable even if it exceeds the prescribed height limit. Marking and lighting may be conditions for acceptability.
  4. The F.A.R. Part 77 Airspace Plans for each airport, as shown in Exhibits 8H through 8P, shall be used with the above airspace policies to determine whether the height of an object is acceptable.
  5. Beneath the F.A.R. Approach Surfaces up to a distance of 10,000 feet of the Part 27 Primary Surface to a publically owned airport, the owner of any property proposed for development shall grant an avigation easement to the airport owner. The avigation easement shall
    1. provide the right of flight in the airspace above the property;
    2. allow the generation of noise and other impacts associated with aircraft overflight;
    3. restrict the height of structures, trees, and other objects not to exceed the elevations prescribed in the F.A.R. Part 77 Airspace Plan over the property;
    4. permit access to the property with proper notice for the removal or aeronautical marking of objects exceeding the established height limit;
    5. prohibit electrical interference, glare, and other potential hazards to flight from being created on the property. In the case of privately owned airports, mitigation measures shall be developed and implemented by local jurisdiction controlling land use which will mitigate potential conflicts noted below.
  6. Developers of a project which may exceed an F.A.R. Part 77 surface elevation must notify the Federal Aviation Administration (FAA) as required by F.A.R. Part 77, Subpart B and by the California Public Utilities Code Sections 21658 and 21659. (Notification to the FAA under F.A.R. Part 77 is required even for certain proposed construction that does not exceed the height limits established by Part 77. See Appendix D for the specific FAA notification requirements.)
    1. Local jurisdictions and the ALUC shall inform affected developers of the FAA notification requirements.
    2. The requirement for FAA notification shall not necessarily trigger review of an individual project by the ALUC unless review is required by another provision of this Comprehensive Airport Land Use Plan.
    3. Any project coming before the ALUC because of height-limit issues shall include a copy of the F.A.R. Part 77 notification to the FAA.