Agenda - Council - 05/14/2002 - Laserfiche WebLink

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INTRODUCE ORDINANCE TO ESTABLISH REGULATIONS FOR THE OPERATION OF HELICOPTERS WITHIN THE CITY LIMITS By: Community Development Director Sylvia Frolik Background: This case is in response to recent incidents relating to helicopter takeoffs and landings in a residential neighborhood. Staff has consulted with Mn/DOT Office of Aeronautics to gain some insight into this type of activity and how it can be regulated. Observations: Mn/DOT issues 3 types of heliport licenses: 1) personal use, restricted to use by one person; 2) private use, which is for use by multiple persons at the invitation of the owner-(an example would be the heliport at a hospital); and 3) public use, which is unrestricted and open to the public. Current legislation says that the Mn/DOT-Office of Aeronautics can no longer require licensing of personal use airfields unless they are within 5 miles of an airport. If they are outside the 5 mile radius, the applicant can request that the personal use airfield be licensed by Mn/DOT- Office of Aeronautics. One of MnDOT's requirements for licensing personal or private use airfields is that the applicant conform to the Federal Aviation Regulations requiring the owner to file a notice of intent to establish a landing area with the Federal Aviation Administration (FAA). In response to the notice, the FAA does an airspace evaluation and responds by either objecting or not objecting to that use of the airspace. However, FAA is not a licensing agency and even if they determine that the use of the airspace and landing area is unsafe, they cannot prohibit someone from utilizing that landing area. But Mn/DOT, the licensing agency, can refuse a license application and typically does if there is a negative determination from FAA. In addition, Mn/DOT's decision to issue a license is based on safety concerns and they do not take noise into consideration. If the City wants noise to' be a consideration, then the City would have to require its own permit and identify noise as a factor to be considered. The City doesn't have the expertise on staff and would have to seek outside assistance to properly review the application. City Code would also have to define and establish acceptable noise levels. Staff also had a conversation with Mn/DOT-Office of Aeronautics regarding other types of aircraft and how they regulated. The following is a summary of that discussion: Fixed wing aircraft - Operation of these types of aircraft are regulated by both FAA and~ Mn/DOT. Many counties require pilots to obtain a conditional use permit to establish an airfield on their personal land within the respective county. Often a condition of the permit is that the applicant has met all applicable licensing standards and requirements of Mn/DOT and FAA. Staff is attempting to find out whether or not Anoka County has any special permit requirements for personal landing fields for fixed wing aircraft. It is noted that there may not be that many large parcels left in Ramsey that could facilitate a small landing strip without being hampered by woodlands and wetlands. -273-