Aviation Environmental Planning

Before the California Department of Transportation, Division of Aeronautics (Division) can issue a State Airport/Heliport Permit or amend an existing permit, the applicant must comply with the California Environmental Quality Act (CEQA) of 1970 (Public Resources Code, Section 21000 et. seq.). In issuing the permit or processing its amendment, the Department shall follow the process for a Responsible Agency, described in CEQA Guidelines Section 15096. For projects with federal involvement, and also subject to the National Environmental Policy Act, the Federal Aviation Administration's environmental management policies in FAA Orders 1050.1D and 5050.4A should also be considered.

The required environmental documents and their technical studies for complying with CEQA are usually completed by the local agency which has the principal responsibility for carrying out or approving the project. This public agency is called the CEQA Lead Agency. The Lead Agency should submit appropriate environmental documentation to the State Clearinghouse (SCH) according to the guidelines established in the State Clearinghouse Handbook, published at http://www.opr.ca.gov/planning/PDFs/sch_handbook.pdf .

A statewide review period is then held with a minimum of 30 days for a Negative Declaration, 30 days for a Notice of Preparation, and 45 days for a Draft Environmental Impact Report. During this period, the Division must be given the opportunity to review and comment on the environmental document and its technical studies. If a statutory or categorical exemption from CEQA is claimed by the applicant, then a Notice of Exemption, if available, should be sent directly to the Division. This Notice should include a brief description of the project, a finding that the project is exempt (including a citation that references CEQA Guidelines or the statutory section under which the project is found to be exempt), and a brief statement of reasons to support the finding.

Following the review period, if the Lead Agency determines that the project will be carried out, it must submit copies of the Notice of Determination to the County Clerk and the SCH (CEQA Guidelines Section 15075 and 15094). A copy of the Notice of Determination, indicating the dates that the Notice was sent to SCH and the County Clerk should then be sent to the Division. If a Lead Agency makes a Statement of Overriding Considerations, the statement should be included in the record of the project approval and should be mentioned in the Notice of Determination. This statement does not substitute for, and shall be in addition to the findings required pursuant to CEQA Guidelines Section 15091.

What is a Major Runway Extension? Through the course of preparing an airport master plan, sponsors commonly find proposed in the alternatives, work involving the development of runway extensions. As a product of the master planning process, an Airport Layout Plan (ALP) showing the ultimate facilities will need FAA approval. As a condition of this approval, projects generally perceived to have environmental impacts off airport property, in accordance with FAA Order 5050.4A, Airport Environmental Handbook, must be further evaluated to determine if the potential impacts are significant. A runway extension, typically identified as an action "normally" requiring an Environmental Assessment (EA), could be considered categorically excluded development, if it does not meet thedefinition of being a "major runway extension." All runway extensions are not defined as "major." A "major runway extension" is not runway length specific but is defined as an extension that increases noise by 1.5 DNL or greater over any noise sensitive areas located within the 65 DNL contour. It can also be defined as major if it: causes effects on the use of land protected by the Section 4(f) 1966 DOT Act, as amended; includes properties listed or eligible for listing on the National Register of Historic Places or properties of state or local historical/cultural significance; and/or affects land protected under the Farmland Protection Policy Act, wetlands, coastal zones, floodplains, and federally listed endangered or threatened species.