Florida AG Says Town Of Grant-Valkaria Has No Jurisdiction Over Airport

Florida Attorney General Bill McCollum (pictured, right) has told the town of Grant-Valkaria in Brevard County that, though it is "located within the jurisdictional boundaries of a municipality," Grant-Valkaria airport "is not subject to the zoning ordinances and regulations of the municipality pursuant to section 125.015, Florida Statutes, as the statute places airport property outside the municipality's jurisdiction."

The Attorney General holds that the airport is owned by the county, and that the city's zoning codes do not apply.

"Valkaria Airport is a public-use, federally-obligated airport. The town is considering adopting a zoning ordinance that would regulate certain aeronautical businesses and flight activities at the airport by changing the authorized activities that may be conducted on airport property," the opinion states. "The primary purpose of the ordinance would be to prohibit commercial flight training schools and instruction based at the Valkaria Airport. Because the airport is owned and operated by the county and located within the city limits, you have both joined in this request for an Attorney General's Opinion."

The Attorney General indicates that, in his opinion, the statute is clear. "[a]ny project owned or operated by such county and lying within the boundaries of a municipality shall be under the exclusive jurisdiction of the county and shall be without the jurisdiction of said municipality. The clear language of the statute removes any such project from the jurisdiction of the municipality in which it may lie and places exclusive jurisdiction for the project with the county."

Previously, the FAA had responded in a similar fashion to the Grant-Valkaria city council, saying that federal regulations require that the airport to be allowed to conduct all recognized aeronautical activities, including flight instruction. The council has been trying for years to end flight instruction at the airport, and has passed multiple ordinances in an attempt to restrict that and other activities. Each time, they have been informed by the FAA that commonly accepted aeronautical activates can not be restricted at the airport. The state now says they have no jurisdiction for such an ordinance.

FMI: http://www.myfloridalegal.com/ago.nsf/Opinions/C983B055C0E9A7EB8525764E00751