FAA proposes new port ‘through-the-fence’ policy

The Federal Aviation Administration is relenting, but not enough to satisfy property owners adjacent to the Port of Orcas. Recognizing the potential for costly lawsuits between airports and property owners who have “through-the-fence” access, the FAA is proposing a step back from its insistence that the Port of Orcas eliminate or purchase all “through-the-fence” access and decided to “grandfather in” existing agreements instead.

By Meredith Griffith • September 10, 2010 5:01 pm

The Federal Aviation Administration is relenting, but not enough to satisfy property owners adjacent to the Port of Orcas.

Recognizing the potential for costly lawsuits between airports and property owners who have “through-the-fence” access, the FAA is proposing a step back from its insistence that the Port of Orcas eliminate or purchase all “through-the-fence” access and decided to “grandfather in” existing agreements instead. The proposed policy would also make any new agreements at federally funded airports much more difficult to obtain.

The FAA’s acceptance of existing agreements has certain strings attached, however.

“Essentially it’s a way of assuring the FAA that grant assurances will be met by airport sponsors (ie, the Port of Orcas) who accept federal funding,” said airport manager Bea vonTobel.

The FAA’s proposed new policy sets the following standards for compliance for airports with existing through-the-fence access:

1. General authority for control of airport land and access.

2. Safety of airport operations.

3. Recovery of costs of operating the airport.

4. Protection of airport airspace.

5.Compatible land uses around the airport.

The section on recovery of costs is where things get sticky for the Ferris neighbors, property owners with deeded access to the Port of Orcas.

“The airport sponsor can and does collect fees from through-the-fence users comparable to those charged to airport tenants, so that through-the-fence users bear a fair proportion of airport costs,” reads the document (Docket No. FAA-2010-0831).

Many Ferris neighbors argue that they paid for airport access when they purchased their properties, and say the fee degrades their property rights. At least one, Mike Parnell, has expressed intentions to sue the port over the matter.

The board encourages all Ferris deed holders to come discuss the matter at the next public meeting on September 23 at noon in the airport’s conference room.

“The attorneys that the port has hired will present a possible solution at that meeting,” said vonTobel.

The FAA will be accepting comments on its proposal until October 25.

In other airport news, the port-adjacent property currently belonging to Eric Johnson will be auctioned off on Friday, September 17. vonTobel has expressed the board’s interest in acquiring the property, consistent with FAA funding.

The board is now working on defining approval for a new approach that would allow pilots to use the south-direction runway, allowing carriers to land more often in bad weather. In addition, a geotechnical firm recently conducted core sampling to determine the runway’s condition and need for maintenance.