Welcome to the Through The Fence Organization

Effective 9/30/2009, the FAA has screwed everyone who lives or wants to live with their aircraft: Airport Compliance Manual 5190.6B

Call your Congressmen and Representatives!

Deadlines for Submitting 5190.6B Comments on future changes to 5190.6B:

Through March 31, 2010, you may submit comments HERE.

• This comment site will let you attach other documents to your comments.

• Please send copies of your comments to the EAA and AOPA.

Through The Fence Freedom of Information Act Responses (FOIA)

The FAA has consistently justified most of their opposition to "Through The Fence" residential hangars as being related to noise complaints.  They have frequently stated that the FAA has spent $1.8 billion to buy land to mitigate noise sensitive neighbors.  However, the FAA has never delineated residential hangars from residences which have no airport connection.

In order to find out exactly how much of a problem noise has been for the FAA from hangar home residents, ThroughTheFence.org asked the FAA, through the Freedom of Information Act, for two items related to noise.  One was to produce all the noise complaints from anyone with a "through the fence" agreement (residential, commercial, factory, etc) and a second request for how much money has been spent to buy land to mitigate noise sensitive "Through The Fence" agreement holders.

The results are staggering!  During the past 10 years, the FAA does not have one documented noise complaint from anyone with a "Through The Fence" agreement.  What is more interesting, the FAA can not document one dollar being spent to buy adjacent airport land to mitigate noise issues from "through the fence" agreement holders.

Thus, it is very clear that the noise argument from the FAA is nothing more than "smoke and mirrors".

Below are Sample Comments on Draft Memorandum   “Compliance Guidance Letter 2009-1 – Through-the-Fence and On-Airport Residential Access to Federally Obligated Airports:

1.        The memorandum is mis-named since it addresses all “through the fence” activities.

2.       The basic premise of the prohibition of TTF residential activities is invalid due to its reliance on Order 5190.6B, FAA Airport compliance Manual, date September 30, 2009, which has erroneously declared a prohibition on TTF residential access based on ancedotal reports of noise complaints and request for restrictions of airport activities not in evidence nor is a documented problem.

3.       There has been no public input or comment period to Order 5190.6B and lacks valid information.

4.       There is not mention of use of TTF agreements to prevent any perceived noise complaints and/or requests for restrictions of airport activities.  Perceived noise complaints and/or requests for restrictions of airport activities is the basis for prohibition of residential TTF agreements in 5190.6B

5.       Section VI-“FAA seeks, in most cases, to convert non compatible residential use only after the TTF agreement has expired under its own terms.”

a.       This means that at the termination of the agreement, the property will become residential only and the potential for a non aviation connected resident to occupy the property and complain about noise and request restrictions becomes exceedingly high.

b.      Terms of these agreements range from less than a year remaining to many years.  The loss of TTF access will result in a significant loss of value in the residential TTF property.

6.       Section III C-“Airport sponsors must take appropriate action, including the adoption of zoning laws, to restrict the use of land, to the extent reasonable, next to or near the airport to uses that are compatible with normal airport operations.”

a.       Many airports are not sponsored by the same governmental unit that governing land zoning (e.g. city owned airport which borders on county privately held land).

7.       This memorandum and its basis 5190.6B make no distinction between types of airports and the services the airports provide.   There certainly are distinctions between major airports with scheduled part 121 service and smaller airports.  “One size fits all” is not an appropriate application for consideration of residential TTF agreements.

8.       Section IIIB “In addition, it can undermine the financial viability of on-airport aeronautical businesses and undermine an airport in becoming self-sustaining” and Section IVA-“If the FAA ADO or RO determines that such an agreement lessens the public benefit…”

a.       Residential TTF accessed properties support the financial viability of on airport aeronautical businesses and helps the airport to become self sustaining.  Residential TTF properties increase the public benefit of airports due to increased utilization and do not force residential TTF owners to move to private airports which do not benefit public airports or the public.