Temporary Airports

Definitions
Pursuant to Section 330.27, FS, the following definitions apply to this section:

“Airport” means a specific area of land or water or a structure used for, or intended to be used for, aircraft operations, which may include appurtenant areas, buildings, facilities, or rights-of-way necessary to facilitate such use or intended use. The term includes, but is not limited to, airparks, airports, gliderports, heliports, helistops, seaplane bases, ultralight flightparks, vertiports, and vertistops.

“Temporary airport” means an airport at which flight operations are conducted under visual flight rules established by the Federal Aviation Administration, and which is used for less than 30 consecutive days with no more than 10 operations per day.

Site Approval
Pursuant to Section 330.30(1), FS, the owner or lessee of a proposed temporary airport shall, before site acquisition or construction or establishment of the proposed temporary airport, obtain approval of the temporary airport site from the department. Applications for approval of a site shall be made in a form and manner prescribed by the department. The department shall grant the site approval if it is satisfied:

1. That the site has adequate area allocated for the temporary airport as proposed.

2. That the proposed temporary airport will conform to registration requirements and will comply with the applicable local government land development regulations or zoning requirements.

3. That all affected airports, local governments, and property owners have been notified and any comments submitted by them have been given adequate consideration.

4. That safe air-traffic patterns can be established for the proposed temporary airport with all existing airports and approved airport sites in its vicinity.

Site approval shall be granted for a temporary airport only after receipt of documentation in a form and manner the department deems necessary to satisfy the conditions above.

Site approval may be granted subject to any reasonable conditions the department deems necessary to protect the public health, safety, or welfare.

Pursuant to Section 14-60.005, FAC, an application for a Temporary Airport Site Approval Order shall be made in the form and manner required by the department. There are no monetary fees required for this temporary airport site approval service.

The department shall grant site approval for a proposed temporary airport that complies with all the requirements of Section 330.30, F.S., subject to any reasonable conditions necessary to protect the public health, safety, or welfare. Such conditions shall include operations limited to VFR flight conditions, restricted approach or takeoff direction from only one end of a runway, specified air-traffic pattern layouts to help prevent mid-air collision conflict with aircraft flying at another nearby airport, airport noise abatement procedures in order to satisfy community standards, or other environmental compatibility measures.

Temporary airport site approval applications shall be accompanied by the following supporting documentation to allow the Department to make its airport site approval determination and to ensure the applicant’s satisfaction of conditions stated above:

(a) Property Rights. Provide a copy of written legal confirmation of ownership, option to buy, or lease agreement for the real property that comprises the site on which the proposed temporary airport would be located. Although adequate safety areas surrounding a temporary airport site are important and a factor in the Department’s approval determination, the applicant is not required to hold property rights over those real property areas that would constitute runway approach surfaces.

(b) Facility Diagram. Provide a scale drawing showing the size and dimensions of the proposed facility; property rights of way and easements; lighting, power, and telephone poles; location of building(s) on property and surrounding areas; and direction, distance, and height of all structures over 25 feet within 1,000 feet of the site perimeter.

(c) Geodetic Position. Provide a copy of a U.S. Geological Survey quadrangle map or equivalent with the proposed site plotted to the nearest second of latitude and longitude.

(d) Location Map. Provide a copy of a map or sketch, at least 8.5 x 11 inches in size, showing the location of the proposed site, with respect to recognizable landmarks and access roads to the site clearly marked.

(e) Aviation Facilities. Provide a list of names and mailing addresses for adjacent airports, including a sample copy of the letter submitted as proposal notification to these airports, and attach a copy of all airport reply correspondence.

1. For a proposed temporary airport or seaplane landing facility, list all VFR airports, seaplane landing areas, heliports, and vertiports within five nautical miles and all IFR airports within 20 nautical miles.

2. For a proposed temporary heliport or vertiport, list all VFR airports, seaplane landing areas, heliports, and vertiports within three nautical miles and all IFR airports within 10 nautical miles.

(f) Local Government. Provide a copy of each of the letters of notification, showing the recipient’s name and mailing address, that have been submitted to each zoning authority having jurisdiction, for the municipality and county in which the site lies or which is located within five nautical miles of the proposed temporary airport site. The applicant shall also include a copy of all related correspondence from each city or county authority, including a statement that the proposed temporary airport site is in compliance with local zoning requirements or that such requirements are not applicable.

(g) Adjacent Property. Provide a list of the names and mailing addresses of all real property owners within 1,000 feet of the temporary airport site perimeter, or within 300 feet of the temporary heliport or temporary vertiport site perimeter, including a single copy of the letter of notification submitted as notification to these adjacent real property owners, and include a copy of all real property owner correspondence in reply. If notification was provided by a local government as part of its review and approval process for the temporary airport, provide written confirmation of the fact, in lieu of the above required submittal by the applicant.

(h) Public Notice. Provide a copy of the notice and of the letter, showing the recipient’s name and mailing address, requesting publication of notification of the proposed temporary airport site in a newspaper of general circulation in the county in which the proposed temporary airport site is located and counties within five nautical miles of the proposed temporary airport site. If this condition has been accomplished by a local government as part of its review and approval process for the temporary airport, provide written confirmation of the fact, in lieu of the above required submittal by the applicant.

(i) Waste Sites. Provide written confirmation that the runway(s) on the proposed temporary airport would not be located within 5,000 feet of any solid waste management facility for a proposed temporary airport serving only non-turbine aircraft, or within 10,000 feet of any solid waste management facility for a proposed temporary airport serving turbine-driven aircraft.

(j) Air Traffic Pattern. Provide written confirmation, including a graphical depiction, demonstrating that safe air traffic patterns can be established for the proposed temporary airport with all existing and approved airport sites within three miles of the proposed temporary airport site. Provide a copy of written memorandum(s) of understanding or letter(s) of agreement, signed by each respective party, regarding air traffic pattern separation procedures between the parties representing the proposed temporary airport and any existing airport(s) or approved airport site(s) located within three miles of the proposed site.

(k) Safety Factors. Provide written confirmation that the runway and taxiway design criteria and airport design layout of the proposed temporary airport have appropriately taken into account consideration of the manufacturer’s performance characteristics for the type(s) of aircraft planned to be operated; the frequency and type(s) of flight operations to be anticipated; planned aviation-related or non-aviation activities on the temporary airport; and any other safety considerations, as necessary, to help ensure the general public health, safety, and welfare of persons located on or near the airport.

(l) Security Factors. Provide written confirmation that the proposed temporary airport site owner or lessee will take appropriate steps to help protect the general public health, safety, and welfare through secure airport operations and that they will develop and implement adequate airport security measures to safeguard airport and aviation-related assets from misappropriation or misuse in order to prevent potential loss or public endangerment.

The Department shall conduct a review and detailed audit, as necessary, of the submitted Temporary Airport Site Approval application and all required supporting documentation for accuracy and completeness. Failure of the applicant to provide a complete application by the conclusion of this period shall result in the department returning the application to the applicant without action. Site approval shall be granted for temporary airports only after the department determines the conditions of subsection 14-60.005(4), F.A.C., above, are satisfied.

1. Following issuance of the Temporary Airport Site Approval Order, the department shall place an announcement in the Florida Administrative Register.

2. From the date of publication of the Florida Administrative Register containing the Temporary Airport Site Approval Order announcement, 21 days shall be allowed for the public to petition the department for an administrative hearing pursuant to Section 120.57(1), FS.

a. If a petition for administrative hearing is not filed, the temporary airport site approval order shall take effect.

b. If a petition for administrative hearing is filed, the temporary site approval order shall not take effect, but shall be held in abeyance pending the outcome of the administrative hearing. The Department will provide notification to the applicant stating that a petition has been filed and that the temporary airport site approval order effective date is pending the outcome of the administrative hearing.

Registration
Pursuant to Section 330.30(2), FS, the owner or lessee of a temporary airport in this state shall have a Temporary Airport Registration before the operation of aircraft to or from the temporary airport. Application for a Temporary Airport Registration shall be made in a form and manner prescribed by the department.

For a temporary airport, the department must publish notice of receipt of a completed registration application in the next available publication of the Florida Administrative Register and may not approve a registration application less than 14 days after the date of publication of the notice. The department must approve or deny a registration application within 30 days after receipt of a completed application and must issue the Temporary Airport Registration concurrent with the Airport Site Approval Order. A completed registration application that is not approved or denied within 30 days after the department receives the completed application is considered approved and shall be issued, subject to such reasonable conditions as are authorized by law. An applicant seeking to claim registration by default under this subparagraph must notify the agency clerk of the department, in writing, of the intent to rely upon the default registration provision of this subparagraph and may not take any action based upon the default registration until after receipt of such notice by the agency clerk.

A Temporary Airport Registration shall be valid for less than 30 days and is not renewable. The department may not approve a subsequent Temporary Airport Registration application for the same general location if the purpose or effect is to evade otherwise applicable airport permitting or licensure requirements.

Pursuant to Section 330.30(2), FS, the proponent of a planned temporary airport shall provide the following supporting documentation to the department:

(a) Applicant name and contact information.  

(b) Agent (person acting on behalf of the Applicant), if applicable, name and contact information.

(c) Temporary Site Approval Order Number.

(d) A certified document establishing an individual as the agent authorized to act on behalf of a person to obtain a Temporary Airport Registration.

(e) Certification that construction has been completed pursuant to the Temporary Airport Site Approval Order.

The request shall be submitted to: State Aviation Manager, Aviation Office, Florida Department of Transportation, 605 Suwannee St., MS 46, Tallahassee, FL 32399-0450.

Upon receipt of the Temporary Airport Registration Application, the Department will publish an announcement in the Florida Administrative Register. After 14 days, the Department will review the application for completeness. Requests without complete supporting documentation will be rejected within 16 days. The department will decide approval or denial of the complete application within 30 days of receipt. Following the department’s decision on the issuance of the Temporary Airport Registration, the department will publish an announcement in the Florida Administrative Register. Any person whose substantial interests will be determined or affected by this Temporary Airport Registration has the right, pursuant to Section 120.569, FS, to petition for an administrative hearing within 21 days of the publication of such notice in the Florida Administrative Register. The department’s action will become final unless a timely petition for a hearing is filed in accordance with the pleading requirements of Rule Chapter 28-106, FAC. To be timely, the petition must be filed with the department’s Clerk of Agency Proceedings within 21 days after receipt of the department’s notice. If a valid request for administrative hearing is not timely delivered, the department’s action on the Temporary Airport Registration shall take effect 28 days after the date of its issuance. If a valid request for administrative hearing is timely delivered, the department’s action shall be held in abeyance pending the outcome of the administrative process.  

Temporary Airports shall be registered if the department finds that the airport will not endanger the public health, safety, or welfare and the airport meets the temporary airport requirements established by the Department. The following provisions apply to Temporary Airports:

(a) A Temporary Airport Registration shall be valid only for less than 30 days.

(b) A Temporary Airport Registration shall not be renewable for any consecutive periods of activation.

(c) A Temporary Airport shall have no more than 10 aircraft operations per day.

You may contact the Private Airport and Compliance Manager for additional information.