Massachusetts town voters approve illegal wingspan limit

AOPA joined the Experimental Aircraft Association, the General Aviation Manufacturers Association, NATA (formerly the National Air Transportation Association), the National Business Aviation Association, and Vertical Aviation International in a June 11 letter advising local officials that the measure approved by the Town Meeting is preempted by state and federal law.

The measure (Warrant Article No. 59) approved by town voters May 10 (despite AOPA’s efforts to head it off at the pass) would prohibit 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. “However, larger aircraft can and routinely do operate safely at CQX. Moreover, federal statutes, grant agreements between the Town and the FAA, and grant agreements between the Town and MassDOT all prohibit the Town from limiting the accessibility of its airport in such a manner,” the groups wrote. “Accordingly, the bylaw should be disapproved.”

The letter goes on to cite specific laws, legal precedents, and the requirements of federal airport grants, noting that the state has previously considered and rejected local limits on aircraft operations.

“It is unfortunate that a small group of anti-airport folks were able to use the Citizen’s Petition process and scare tactics to convince voters of the need to waste town resources in an attempt to handcuff the airport,” said AOPA Eastern Regional Manager Sean Collins. “Ultimately, the effort to conflate a perceived operational hazard with engineering design criteria, which are only used to determine federal grant eligibility, will fail and aircraft will continue to operate unimpeded.”