Lease Policy Workshop

General Aviation Airport Enhancement Program

Safety, Security, and Economic Development
... a demonstration program sponsored by the Florida Department of Transportation and the City of Zephyrhills.

Objectives
Provision of Essential Aviation Services Fairness & Consistency Compliance with FAA Grant Assurances

Lease Policy
Why?
Essentially, an airport lease policy provides the overall framework and guidance for the leasing of land and facilities. A lease policy typically includes a general policy statement, requirements for all leases, minimum standards, lease proposal requirements, an application process, and sets forth the adopted rate setting mechanism.

FAA Policy
The sponsor of a Federally obligated Airport agrees to make the opportunity to engage in commercial aeronautical activities available to any person, firm, or corporation that meets reasonable minimum standards established by the airport sponsor.

FAA policy (continued)

Once the airport sponsor has established minimum standards, it should apply them objectively and uniformly to all similar on-airport aeronautical activities and services. The failure to do so may result in a violation of the prohibition against exclusive rights and/or a finding of unjust economic discrimination.

Authority of Airport Sponsor

FAA policy, regulations, and law requires an Airport sponsor to allow airport uses by all types, kinds, and classes of aeronautical activity. However, exceptions apply whenever airport safety or efficiency is compromised by the existence of any type of activity. In such a case, the sponsor of the airport may deny an application to operate on the airport, or limit or restrict the manner of operation of the business.

Key Considerations
Type airport Types of aeronautical activity Level of Demand Lease Application Requirements Federal & State Compliance Rates & Charges General Requirements

Importance of Uniformity
The fair and consistent enforcement of the adopted airport lease policy and associated minimum standards is crucial since " selective enforcement " can result in claims of noncompliance with FAA Grant Obligations. It is therefore imperative that the adopted lease policy be applied uniformly to all new leases and renewals.