Residential “Through-the-Fence” Operations to Commercial Airports

The FAA has issued a final policy statement, Policy Regarding Access to Airports From Residential Property, dealing with residential access to commercial service airports. So-called “through the fence” operations from residential properties to general aviation airports is specifically authorized by section 136 of the FAA Modernization and Reform Act of 2012. Not so for commercial airports.

This FAA Policy Statement generally prohibits residential through-the-fence operations to commercial service airports. However, recognizing the issues, including the potential litigation between property owners and airports that would likely arise (and affect other parties such as lenders with loans to airport development properties), the Policy Statement includes provisions authorizing and setting requirements, including security requirements, for grandfathering existing arrangements.

The Federal Register publication of the Policy Statement may be viewed here.