688 

14 CFR Ch. I (1–1–24 Edition) 

§ 151.9 

project in the Federal-aid Airport Pro-
gram only if— 

(1) The advance planning and engi-

neering proposal involves more than 
$1,000 in United States funds; and 

(2) The project application involves 

more than $5,000 in U.S. funds. 

Whenever possible, the sponsor must 
consolidate small projects on a single 
airport in one grant agreement even 
though the airport development is to 
be accomplished over a period of years. 

(c) 

Previously obligated work. 

Unless 

the Administrator specifically author-
izes it, no advance planning and engi-
neering proposal or project application 
may include any planning, engineering, 
or construction work included in a 
prior agreement with the United States 
obligating the sponsor or any other 
non-U.S. public agency to do the work, 
and entitling the sponsor or any other 
non-United States public agency to 
payment of U.S. funds for all or part of 
the work. 

(Secs. 1–15, 17–21, 60 Stat. 170, 49 U.S.C. 1120) 

[Amdt. 151–8, 30 FR 8039, June 23, 1965, as 
amended by Amdt. 151–17, 31 FR 16524, Dec. 
28, 1966; Amdt. 151–19, 32 FR 9220, June 29, 
1967] 

§ 151.9 Runway clear zones: General. 

(a) Whenever funds are allocated for 

developing new runways or landing 
strips, or to improve or repair existing 
runways, the sponsor must own, ac-
quire, or agree to acquire, runway clear 
zones. Exceptions are considered (on 
the basis of a full statement of facts by 
the sponsor) upon a showing of uneco-
nomical acquisition costs, or lack of 
necessity for the acquisition. 

(b) For the purpose of this part, a 

runway clear zone is an area at ground 
level which begins at the end of each 
primary surface defined in § 77.27(a) and 
extends with the width of each ap-
proach surface defined in § 77.27 (b) and 
(c), to terminate directly below each 
approach surface slope at the point, or 
points, where the slope reaches a 
height of 50 feet above the elevation of 
the runway or 50 feet above the terrain 
at the outer extremity of the clear 
zone, whichever distance is shorter. 

(c) For the purposes of this section, 

an airport operator or owner is consid-
ered to have an adequate property in-

terest if it has an easement (or a cov-
enant running with the land) giving it 
enough control to rid the clear zone of 
all obstructions (objects so far as they 
project above the approach surfaces es-
tablished by § 77.27 (b) and (c) of part 77 
of this chapter), and to prevent the cre-
ation of future obstructions; together 
with the right of entrance and exit for 
those purposes, to ensure the safe and 
unrestricted passage of aircraft in and 
over the area. 

[Doc. No. 1329, 27 FR 12349, Dec. 13, 1962, as 
amended by Amdt. 151–7, 30 FR 7484, June 8, 
1965; Amdt. 151–21, 33 FR 258, Jan. 9, 1968] 

§ 151.11 Runway clear zones; require-

ments. 

(a) In projects involving grants-in-aid 

under the Federal-aid Airport Pro-
gram, a sponsor must own, acquire, or 
agree to acquire an adequate property 
interest in runway clear zone areas as 
prescribed in paragraph (b), (c), (d), or 
(e) of this section, as applicable. Prop-
erty interests that a sponsor acquires 
to meet the requirements of this sec-
tion are eligible for inclusion in the 
Program. 

(b) On new airports, the sponsor must 

own, acquire, or agree to acquire ade-
quate property interests in runway 
clear zone areas (in connection with 
initial land acquisition) for all eligible 
runways or landing strips, without sub-
stantial deviation from standard con-
figuration and length. 

(c) On existing airports where new 

runways or landing strips are devel-
oped, the sponsor must own, acquire, or 
agree to acquire adequate property in-
terests in runway clear zone areas for 
each runway and landing strip to be de-
veloped or extended, to the extent that 
the Administrator determines prac-
tical and feasible considering all facts 
presented by the airport owner or oper-
ator, preferably without substantial 
deviation from standard configuration 
and length. 

(d) On existing airports where im-

provements are made to runways or 
landing strips, the sponsor must own, 
acquire, or agree to acquire adequate 
property interests in runway clear zone 
areas for each runway or landing strip 
that is to be improved to the extent 
that the Administrator determines is 
practical and feasible with regard to 

689 

Federal Aviation Administration, DOT 

§ 151.13 

standard configuration, length, and 
property interests, considering all facts 
presented by the airport owner or oper-
ator. Any development that improves a 
specific runway or landing strip is con-
sidered to be a runway improvement, 
including runway lighting and the de-
veloping or lighting of taxiways serv-
ing a runway. 

(e) On existing airports where sub-

stantial improvements are made that 
do not benefit a specific runway or 
landing strip, such as overall grading 
or drainage, terminal area or building 
developments, the sponsor must own, 
acquire, or agree to acquire adequate 
property interests in runway clear zone 
areas for the dominant runway or land-
ing strip to the extent that the Admin-
istrator determines is practical and 
feasible, with regard to standard con-
figuration, length, and property inter-
ests, considering all facts presented by 
the airport owner or operator. 

(f) If a sponsor or other public agency 

shows that it is legally able to prevent 
the future erection or creation of ob-
structions in the runway clear zone 
area, and adopts protective measures 
to prohibit their future erection or cre-
ation, that showing is acceptable for 
the purposes of paragraphs (d) and (e) 
of this section in place of an adequate 
property interest (except for rights re-
quired for removing existing obstruc-
tions). In such a case, there must be an 
agreement between the FAA and the 
sponsor for removing or marking or 
lighting (to be determined in each 
case) any existing obstruction to air 
navigation In each case, the sponsor 
must furnish information as to the spe-
cific height limitations established and 
as to the current and foreseeable future 
use of the property to which they 
apply. The information must include 
an acceptable legal opinion of the va-
lidity of the measures adopted, includ-
ing a conclusion that the height limi-
tations are not unreasonable in view of 
current and foreseeable future use of 
the property, and are a reasonable ex-
ercise of the police power, together 
with the reasons or basis supporting 
the opinion. 

(g) The authority exercised by the 

Administrator under paragraphs (b), 
(c), (d), and (e) of this section to allow 
a deviation from, or the extent of con-

formity to, standard configuration or 
length of runway clear zones, or to de-
termine the adequacy of property in-
terests therein, is also exercised by Re-
gional Directors. 

[Doc. No. 1329, 27 FR 12350, Dec. 13, 1962, as 
amended by Amdt. 151–22, 33 FR 8267, June 4, 
1968; Amdt. 151–25, 33 FR 14535, Sept. 27, 1968] 

§ 151.13 Federal-aid Airport Program: 

Policy affecting landing aid re-

quirements. 

(a) 

Landing aid requirements. 

No 

project for developing or improving an 
airport may be approved for the Pro-
gram unless it provides for acquiring or 
installing such of the following landing 
aids as the Administrator determines 
are needed for the safe and efficient use 
of the airport by aircraft, considering 
the category of the airport and the 
type and volume of traffic using it: 

(1) Land needed for installing ap-

proach lighting systems (ALS). 

(2) In-runway lighting. 
(3) High intensity runway lighting. 
(4) Runway distance markers. 

For the purposes of this section ‘‘ap-
proach lighting system (ALS)’’ is a 
standard configuration of aeronautical 
ground lights in the approach area to a 
runway or channel to assist a pilot in 
making an approach to the runway or 
channel. 

(b) 

Specific landing aid requirements. 

The landing aids set forth in para-
graphs (a) (1) through (4) of this section 
are required for the safe and efficient 
use of airports by aircraft in the fol-
lowing cases: 

(1) Lands for installing approach 

lighting systems are required as part of 
a project if the installing of the compo-
nents of the system on the airport is in 
an approved FAA budget, unless the 
sponsor has already acquired the land 
necessary for the system or is other-
wise undertaking to acquire that land. 
If the sponsor is otherwise undertaking 
to acquire the land, the grant agree-
ment for the project must obligate the 
sponsor to complete the acquisition 
within a time limit prescribed by the 
Administrator. The Administrator im-
mediately notifies a sponsor when a 
budget is approved providing for in-
stalling an approach lighting system at 
the airport concerned.