Joint Study Session with GT County & NW Regional Airport Authority of the Cherry Capital Airport (Cherry Capital Airport Zoning)

The Cherry Capital Airport Zoning Joint Board Meeting held on March 14, 2024, provided a comprehensive overview of federal, state, and local regulations affecting airport zoning. The meeting began with introductions and proceeded to discuss the Federal Aviation Administration (FAA) regulations under 14 CFR Part 77, which mandates that any construction or alteration exceeding 200 feet above ground level or penetrating certain imaginary surfaces around the airport must be reported to the FAA. This is crucial for maintaining safe airspace and preventing hazards to aircraft operations.

The state law segment focused on the Michigan Airport Zoning Act of 1950, last amended in 2009, which empowers the state to regulate the height of structures and land use around publicly owned airports. The act aims to mitigate airport hazards, which are declared public nuisances, and integrates these regulations with local zoning ordinances. The state’s Department of Transportation co-regulates these surfaces with the FAA, ensuring compliance with both federal and state standards.

Local impacts were also discussed, detailing the zoning regulations around Cherry Capital Airport. The zoning is divided into five zones, each with specific restrictions on residential density and land use, ranging from airport-owned land to low-density residential areas. The meeting highlighted the current process for project submissions, which involves determining if a project requires FAA notification, submitting an airspace case, and obtaining a State of Michigan Tall Structures permit. The lack of compliance with these regulations was noted as a significant issue, with potential liability for development owners, and the establishment of a Local Airport Zoning Board was proposed as a mitigation strategy to provide local control and assess projects for variances.
https://oeaaa.faa.gov/oeaaa/external/gisTools/gisAction.jsp?action=showNoNoticeRequiredToolForm
https://oeaaa.faa.gov/oeaaa/external/portal.jsp
https://www.michigan.gov/mdot/travel/mobility/aeronautics-airspace-zoning/applying-for-tall-structure-permit