Orange County NC Website
• , <br /> 151,3 <br /> - - <br /> Mr. Jim Polatty <br /> June 29, 19182 <br /> Page 2 1/44:i61 <br /> 1 <br /> With respe t to obstructions in general we call your attention <br /> to Part 77.21 (c) of the Federal Air Regulations (copy- enclosed) <br /> which-' states: <br /> "the standards in this subpart apply to the effect of con- <br /> structit or alteration proposals upon an airport if, at <br /> the times of filing notice . . . (1) (the airport is) avail- - <br /> able ford public use and is listed in the Airport <br /> Directory. • • " <br /> After revieI lwing these regulations, it is my opinion that <br /> 1. The Irequirements for approach zone control and owner- <br /> ship are mandatory only for airports receiving federal <br /> aid funds. <br /> 2. Even for airports for which compliance is mandatory, <br /> the 'requirements extend only to the outer end of the <br /> cleair zone as defined in 152.9 (b) . <br /> 3. The 'requirement for reporting and review is applicable <br /> only on new construction or substantial alteration, - <br /> at the time of the construction. <br /> In conclusion, it appears that if Midway Airport were a federal <br /> aid airport, it would be required by statute to concern itself <br /> only with obstructions in the clear zone. It would, therefore, <br /> seem appropriate for Orange County to only require Midway Airport <br /> to have sufficient land interest in the areas defined, as "clear <br /> zone" . <br /> If I may be of further assistance, please let me know_ <br /> Sincerely, <br /> E <br /> Bruce E. Mathews <br /> Airport Development Specialist <br /> BEM/by <br />