§132.1530 Requirement for Avigation Easement

• (a) Within the airport influence area for San Diego International Airport, a record owner shall dedicate an avigation easement to the SDCRAA as operator of San Diego International Airport as a condition of approval for:

  • (1) Development that includes structures or objects exceeding the obstruction standards in Federal Aviation Regulations Part 77, as determined by the FAA;

  • (2) Development that has received a Notice of Presumed Hazard or a Determination of No Hazard from the FAA subject to conditions, limitations, marking or lighting requirements;

  • (3) Residential development in the 65 dB CNEL or greater aircraft noise exposure range; or

  • (4) The following non-residential development in the 65 dB CNEL or greater aircraft noise exposure range:

    • (A) Assembly and entertainment uses, including places of religious assembly;

    • (B) Educational facilities; or

    • (C) Instructional studios

• (b) Within the airport influence area for Brown Field Municipal Airport or Montgomery-Gibbs Executive Airport, record owner may be required to dedicate an avigation easement as a condition of approval for:

  • (1) Development at a location with associated aircraft noise exposure of 65 dB or greater that would be subject to a Neighborhood Use Permit or Conditional Use Permit in accordance with Chapter 14, Article 1 (Separately Regulated Use Regulations);

Ch. Art. Div. 13 2 15 105

San Diego Municipal Code

Chapter 13: Zones

(10-2024)

• (2) Development that would be located within Safety Zone 1 (runway protection zone); or

• (3) Development that would exceed a Federal Aviation Regulations Part 77 airspace protection surface and for which the FAA requires marking and lighting.

• (c) The avigation easement document shall be recorded with the County Recorder to provide the following as applicable:

  • (1) Allowance for noise exposure associated with adopted noise contour and aircraft overflight; or

  • (2) The right of flight in the airspace above the property in accordance with adopted airspace protection and aircraft overflight maps, which may include:

    • (A) Limiting the structure height and trees as applicable to help reduce or avoid potential obstructions to aircraft overflight;

    • (B) Permitting the airport operator access to the property for the removal or aeronautical marking of objects exceeding the established height limit; and

    • (C) Prohibiting electrical interference, glare, and other potential hazards to aircraft flight from being created on the property.

(“Requirement for Avigation Easement” added 10-25-2011 by O-20047 N.S.; effective 1-1-2012.)

(Amended 12-17-2021 by O-21380 N.S.; effective 1-16-2022.)

Ch. Art. Div. 13 2 15 106

San Diego Municipal Code

Chapter 13: Zones

(10-2024)