Table 4. State-specific lighting and marking standards.

Hazards include structures and natural growth in most state regulatory approaches.

Every state, except Georgia, has an airport-specific zoning statute. The zoning statutes may be combined with a law or rule that prevents the placement of obstructions or permits the mitigation of obstructions. Obstruction rules may also be found in the general aeronautics’ laws. The states’ approaches to zoning regulation vary. States can mandate airport zoning by a municipal government or allow discretionary airport zoning. States may also require airport zoning or obstruction permits to be processed through a state entity. Several states develop approach paths or plans for applicable airports and require the airport sponsor or another subdivision of government to enforce the plans. Table 6 shows the zoning and obstruction standards for each state.

V. MINIMUM SECURITY STANDARDS

There are no minimum federal security standards for general aviation airports. However, the TSA developed Security Guidelines for General Aviation Airport Operators and Users,⁸³ a guidance document to provide a set of best practices for general aviation security. It was last updated in 2021. Additionally, general aviation airports in preparation for commercial service, or to facilitate receiving large unscheduled air carrier operations, may voluntarily participate in the TSA airport security program under Part 1542.

Security regulations are not subject to uniform state adoption. Like safety standards, states follow four potential approaches to general aviation security regulations: (i) adoption of the federal

Table 5. State-specific standards—navigational aids and conveniences.

^D – Required if services provided or depending on category of airport.

^E – Required depending on the airport traffic pattern.

^F – First Aid Kit, also required.

^G – Facilities must be reported, published, and marked in accordance with federal standards.

scheme, (ii) variation from the federal scheme with reference to the federal requirements, (iii) creation of an independent state scheme, or (iv) adoption of no scheme. A fifth approach is also possible where a security standard is adopted as a component of a safety standard. For instance, fences may be deemed both a safety and a security standard. The majority of states elected not to establish a formal security standard. In response to the survey for this LRD, only Illinois, New Jersey, and New York established a separate security program. Only New York’s program is independent from its pre-existing safety program. Virginia established a comprehensive voluntary program.

Adoption of the Federal Scheme

The state of New York adopted a registration scheme following the terrorist attacks of September 11, 2001. Prior to 2001, New York did not have an airport registration or licensure program. New York implemented the registration process to establish a security system. This includes managing the collection of security information, confirming the existence of a security plan for the facility, and implementing specific security measures such as double-locking procedures for airports, locking procedures for hangars, verification of passengers by air crew, maintaining a log of transient aircraft, maintaining a list of emergency contacts, restricting access to aircraft keys, requiring identification for aircraft rental, posting warning signs, creating an emergency locator map, and familiarizing law enforcement with the airport.

New York defines specific security requirements and requires that the airport’s security plan is consistent with guidelines created and published by the TSA. The New York State Department of Transportation provides editable forms on its website to facilitate completing both Public and Private-Use Airport Registration and Security documents. Registration is required every three years.

Variation from the Federal Scheme with Reference to the Federal Requirements

In response to the terrorist attacks of September 11, 2001, the New Jersey Domestic Security Preparedness Task Force issued an order in March of 2003 requiring that “all aircraft parked or stored at the aeronautical facility for more than a 24-hour period utilize a two-lock system which secures or disables the aircraft to prevent operation of the aircraft.”⁸⁴ Additionally, the order required signage with facility ownership, federal and state aviation office information, and first responder information. The New Jersey

Table 6. State-specific zoning and obstruction standards.

Bureau of Aeronautics reached out to licensed aeronautical facilities who were required to certify compliance with the order. The Bureau of Aeronautics publicized the requirements and published a question-and-answer page regarding the policy. The order is still enforced, and it subjects facility owners to fines, suspension and/or revocation of their aeronautical facility license.

The regulatory scheme is buttressed by New Jersey Admin. Code § 16:54-10.1 Aeronautical Facility Security. The Bureau of Aeronautics may determine that a specific security device or measure is required at a facility. The Bureau may elect to provide funding for the placement of the device and condition licensure on the existence of that security device or measure. The Bureau, during facility inspections, may require additional equipment and signage. This scheme provides an aeronautical facility with knowledge of potential requirements, a mechanism for the Bureau to determine if additional requirements are appropriate, and a means of enforcement.

The scheme is a departure from the federal requirements in 49 C.F.R. 1542.101 et; however, it specifically permits waiver of the requirement if a security program is approved by the TSA,