Feds "Seriously Concerned"

  February 24, 2006

     Mayor Smallwood:

     It is my understanding that this is your email address.   Hopefully, this is the case.

     We would like to take this opportunity to let you know that the Federal Aviation Administration
fully supports the attached letter from the Washington State Department of Transportation.  We are 
seriously concerned that the City of Eatonville is not taking the appropriate steps to address
incompatible land use proposals and are ignoring federal regulations.  
     The height hazard standards within the proposed regulations, in particular, are flawed and, 
if implemented, would disrupt airport operations, compromise public health and endanger pilots
and the general public.  Please see more on this in the State's letter (Page 3, #4).
     Federal Aviation Regulation Part 77 is not something that can be arbitrarily modified to match 
a particular development proposal. FAR Part 77 has been in existence for over 50 years (long before the 
residential development became a proposal) and it should be recognized accordingly.  
     The Federal Regulations and State planning guidelines have been written to take into 
consideration different sizes and types of airports.  We therefore recommend that your 
development regulations be modified to adopt FAR Part 77 in its entirety. We also highly 
recommend that you have a land use attorney review the risks and liabilities that your 
proposed regulations may have on your community.
      One additional recommendation we have is that the proposed regulations need to be corrected to
 accurately reference FAA Form 7460-1.  
     Your development regulations do not waive the developer's responsibility to submit the proper 
forms to the FAA. The FAA will review any and all 7460-1 proposals with respect to FAR Part 77.
     We appreciate this opportunity to comment and encourage you to revise your proposed development 
regulations according to the State's letter.

     Thank you, Carol Key

     Carol A. Key
     Supervisor, Washington Section
     Seattle Airports District Office
     Federal Aviation Administration
     425-227-2657

WSDOT Aviation Review...