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65Â Â A P P E N D I X E Checklist for Determining Feasibility and Development of Airport Agricultural Program The checklist provided may serve as a guide for assisting airport officials with determining applicability and considerations for the development of an airport agricultural land lease program. The checklist is not intended to represent every issue that may present itself in the development of a program or lease agreement. Every scenario between stakeholders cannot be anticipated for each unique airport and as such, this tool is designed to raise awareness of potential factors for airports to consider. Action Applicable Completed APPLICABILITY Evaluate the best use of the property to support the airport, demand for ag use. Consider potential impact of farming activities on airport values and land use goals. Is an agricultural land lease needed for airport financial self-sustainability? Review airport master plan to consider anticipated use of described parcels under consideration for farming activities. Review local comprehensive land use planning documents to ensure proper zoning for type of use. Evaluate suitability of soils, climate, and environment for activity. Consider ag impactsâsafety, security, and wildlife hazard concerns. Consider existing use of surrounding land and potential impacts. Consider FAA guidance on compatible land use, discuss non-aeronautical concurrent use with FAA. PLANNING CONSIDERATIONS Determine who will be responsible for program administration. Consider consultation with agencies such as Farm Service Agency (FSA), USDA- APHIS, and wildlife biologist.
66 Agricultural Operations on Airport Grounds Consider consulting with another airport owner engaged in a current ag lease. Consider consulting or contracting with the outside expertise of a farmland manager. Review the approved Airport Layout Plan (ALP) to locate required airport design areas including RSA, RPZ, and OFA and potential impacted surfaces. Ensure areas under consideration for farming will not interfere with aircraft operation areas and will not interfere with line of sight of pilots or air traffic control. Evaluate all potential exposures impacting airport safety and security as well as impact to any aeronautical tenants and users. Consider location of airport navigational aids and any impacts. Determine if agricultural uses will be allowed inside or outside the airport fence and proximity to secure areas. Determine need for TSA involvement, vetting, and badging. Review operational concerns including access routes for farmers, notifications needed, equipment parking, ATC radio communication, and timing restrictions. Determine what type of crops will be allowed. Consider use of crop restrictions to compel height limitations or to limit wildlife attractants. Evaluate any existing wildlife hazards and potential wildlife attractants created with proposed farming activities. Evaluate the need for farming practices such as requirement to till immediately after harvest, use of cover crop, timely removal of crops, irrigation, and application of chemicals. Review possible impacts of activities that may raise dust and how NOTAMs will be issued. LEASE DEVELOPMENT In preparation, advertise parcels and ensure a fair market rate is charged whether through a bid determination or other acceptable means. Define parcel boundaries; airport retains ownership throughout lease term. Define appropriate length of term. Set rent per parcel, payment schedule, and payment method. Consider applicability of various revenue cost sharing, rent based on yield, or other flexible farmland rental structure. Identify the responsibilities for each party for maintenance and improvements such as drain tile, fencing, irrigation systems, etc. Define operational standards such as access routes, staging areas, and parking of equipment. This may include vehicle marking. Identify any special airport rules and regulations, use of uniforms, or display of ID media as required, training for access and operation inside airport fence.
Checklist for Determining Feasibility and Development of Airport Agricultural Program 67Â Â Provide for environmental restrictions as needed and/or specify use of hazardous materials. Review the applicability of crop restrictions and specify in the bid forms (if used) and lease agreement. Define special conditions such as responsibility for permits, soil testing, timely removal of crops, tilling requirements, crop rotation, weed/insect control, and chemical application. Consider lease language regarding removal of all garbage, reasonable cleanup of access roads, debris (FOD). Consider appropriate levels of insurance required, indemnification. Determine if sublease will be permitted. Allow for right of entry for inspection of property, to make repairs, or other appropriate reasons. Identify responsibility of parties to comply with governmental programs, requirements, and industry best practices. Consider a language to include a lien upon the value of the crops grown under the lease to secure payment of rents. Include escape clause allowing the airport to terminate the agreement if land is needed for other purposes or other/all reasons. This may include a repayment provision for crops lost. Consider requiring outside consultant evaluation, at the operatorâs expense. PROGRAM MANAGEMENT Consider process to monitor wildlife attractants and mitigation. Establish process to communicate with tenant and monitor for unusual operations or conditions. Issue NOTAMs as appropriate. Determine applicability of operator training (e.g., driver training, use of radio, access, airfield procedures, emergency procedures). Determine party responsible for lease administration, collection, or rents, and ensuring compliance with lease provisions. Develop process to monitor environmental conditions such as erosion control or standing water. EVALUATION Consider process to monitor and evaluate effectiveness of program. This includes evaluation of farming activities as a wildlife attractant. Evaluate the lease terms as needed. Review program as needed to ensure that agricultural land lease does not interfere with the safe and efficient operation of the airport. Establish process to monitor environmental impacts and corrections as needed.
