14 C.F.R. § 151.26

Procedures: Applications; compatible land use information; consideration of local community interest; relocation of displaced persons

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(a) Each sponsor must state in its application the action that it has taken to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations including landing and take-off of aircraft. The sponsor's statement must include information on—

(1) Any property interests (such as airspace easements or title to airspace) acquired by the sponsor to assure compatible land use, or to protect or control aerial approaches;

(2) Any zoning laws enacted or in force restricting the use of land adjacent to or in the vicinity of the airport, or assuring protection or control of aerial approaches, whether or not enacted by the sponsor; and

(3) Any action taken by the sponsor to induce the appropriate government authority to enact zoning laws restricting the use of land adjacent to or in the vicinity of the airport, or assuring protection or control of aerial approaches, when the sponsor lacks the power to zone the land.

(b) Each sponsor must submit with his application—

(1) A written statement—

(i) Specifying what consideration has been given to the interest of all communities in or near which the project is located; and

(ii) Containing the substance of any objection to, or approval of, the proposed project made known to the sponsor by any local individual, group or community; and

(2) A written statement showing that adequate replacement housing that is open to all persons, regardless of race, color, religion, sex, or national origin, is available and has been offered on the same nondiscriminatory basis to persons who have resided on land physically acquired or to be acquired for the project development and who will be displaced thereby.

[Amdt. 151-8, 30 FR 8039, June 23, 1965, as amended by Amdt. 151-17, 31 FR 16524, Dec. 28, 1966; Amdt. 151-39, 35 FR 5537, Apr. 3, 1970]

Notes of Decisions

Cited in 3 cases, 1971–1974 · leading case: Town of East Haven v. E. Airlines, Inc., 331 F. Supp. 16 (D. Conn. 1971).

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Town of East Haven v. E. Airlines, Inc., 331 F. Supp. 16 (D. Conn. 1971). “26 of the regulations ( 14 C.F.R. § 151.26 ) was amended to include a provision that: “(b) Each sponsor must submit with his application a written statement specifying what consideration has been given to the interest of all communities in or near which the project is located.”

United States v. City of New Haven, & Town of East Haven, 496 F.2d 452 (2d Cir. 1974). “The regulation, 14 C.F.R. § 151.26 (b), cited by the Town of East Haven as not having been complied with did not become effective until after the grant application was submitted by New Haven and “.”

United States v. City of New Haven, 367 F. Supp. 1338 (D. Conn. 1973). “8 This argument overlooks the fact that the regulation cited by the town, 14 C.F.R. § 151.26 (b), 9 did not become effective until January 27, 1967, three months after the grant application was submitted.”

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