Massachusetts AG nixes Chatham restrictions

AOPA joined a broad cross-section of general aviation advocates who urged town officials to reject the voter-backed bylaw written to restrict the use of Chatham Municipal Airport by aircraft that exceed the parameters of FAA Aircraft Design Group II, generally aircraft with a wingspan greater than 49 feet. Federal law precludes such ordinances, the aviation groups warned.

Assistant Attorney General Kelli Gunagan, whose analysis primarily cited conflict with state laws, concurred that "the issues asserted by the proponents of the by-law do not overcome the preemption issues such that our office may approve Article 59," according to a December 1 memo notifying the town of the determination. The memo noted that voters who approved the measure by vote of 192 to 166 at the 2025 Annual Town Meeting had been advised by the town attorney, and the attorney for the airport commission, that the measure was preempted by both state and federal law. (Gunagan noted in a footnote that federal law "may also" preempt the local bylaw, which may also violate federal grant assurances made by the town.)

“Although AOPA is satisfied with the attorney general’s decision, the coalition of associations and the town’s own legal counsel foretold this conclusion,” said AOPA Eastern Regional Manager Sean Collins. “So, while it is a good day for GA in Massachusetts, it is unfortunate that the town’s rules on public referendums continue to allow a small cadre of anti-airport residents to mire the town in another failed effort to suffocate the airport.”

The attorney general rejected an attempt by proponents of the bylaw to make a case that the local aeronautical ordinance is, in fact, allowed. "Moreover, prohibiting certain aircraft from using the Airport 'prevents the achievement of a clearly identifiable purpose,' namely, that the responsibility for supervision and control of aeronautics has been conferred upon MassDOT by the Legislature… If each town within the Commonwealth is able to create its own flight restrictions, it would create a patchwork of potentially inconsistent regulatory and operational requirements that would be difficult, if not impossible, for an aircraft operator to comply with."