Question of the Day - 20 November 2023

We took your query right to the Federal Aviation Administration, which replied …

“Under federal law, developers must give the FAA the opportunity to evaluate proposed structures near airports to determine whether they could pose a hazard to aircraft or interfere with navigation aids."

And given that the airport is so close to the Strip, just a few blocks at the northeastern corner and right next to it on its southwestern edge, tall buildings could conceivably interfere. 

"If the FAA determines the structure height would be a presumed hazard, we try to negotiate a lower height with the developer. If the FAA determines the structure would interfere with navigation aids, we try to negotiate other mitigations with the developer.”

What brings a building under the FAA’s purview? That’s determined by a set of criteria that include “any construction or alteration that exceeds an imaginary surface extending outward and upward at any of the following slopes [such as] 100-to-1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of each airport … with its longest runway more than 3,200 feet in actual length.”

The FAA resumes its response to your question: “The FAA’s determination is a recommendation and is not binding. The FAA does not have the authority to limit building heights and the decision to issue a building permit is up to the local government. Although the FAA does not issue or deny building permits, it encourages those with land-use authority to consider the agency’s determinations in making zoning and permitting decisions. Additionally, many local governments and states have laws that prohibit issuing building permits if the FAA determines a structure would pose a hazard to air navigation.” (The bold and italics are both emphases in the original.)

We hope that helps.