Fri, Oct 16, 2009
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.
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