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Airport / AICUZ Overlay AICUZ/Airport

The overlay layer that protects civilian and military airfield operations by restricting building height, residential density, and noise-sensitive uses in the surrounding airspace and accident-potential zones.

Overview

The Airport / AICUZ Overlay is two overlapping regimes stitched onto the local zoning map. For civilian airports, it codifies FAA 14 CFR Part 77 obstruction surfaces (the imaginary primary, horizontal, conical, and approach surfaces around a runway) and FAR Part 150 noise contours (65/70/75 dB DNL). For military airfields, it implements the Department of Defense's AICUZ program under DoDI 4165.57 — Air Installation Compatible Use Zones — which defines the Clear Zone, Accident Potential Zone I (APZ-I), and Accident Potential Zone II (APZ-II) extending off each runway end. Several states mandate local adoption of these overlays: Texas Local Government Code Ch. 241 (and Ch. 397 for military), California PUC §21670 (ALUC), Virginia Code §15.2-2295, and Florida statutes for joint land-use studies. The overlay rides on top of base zoning — base district rules still apply, plus the airport overlay's height, density, and use-compatibility limits.

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Key characteristics

  • Geographic boundary tracks FAA Part 77 surfaces and/or DoD AICUZ footprints — not parcel lines
  • Restricts building height inside the conical and approach surfaces (often stepped by distance from runway)
  • Caps residential density and prohibits schools, hospitals, and assembly uses inside APZ-I, APZ-II, and 65+ dB DNL noise contours
  • Requires FAA Form 7460-1 notice for any structure proposed >200 ft AGL (or lower inside approach surfaces)
  • At military bases, often paired with a Joint Land Use Study (JLUS) and a state-mandated mil-airport-overlay district
  • Federal preemption hook: cities accepting FAA AIP grants take on grant-assurance obligations to control incompatible land use

How it appears in zoning

  • As an overlay district on the zoning map (e.g. "AO", "AOZ", "AICUZ", "Airport Hazard Area")
  • As a separate chapter of the zoning ordinance defining Part 77 surfaces and noise zones
  • As a referral/notification trigger to the airport sponsor or ALUC before plat or building permit
  • As a disclosure requirement (avigation easement, noise disclosure) recorded against the deed
  • As a state-mandated overlay around a military installation (TX Ch. 397, VA §15.2-2295)

Why it matters

An airport overlay quietly kills more multifamily deals than almost any other layer. A parcel can sit in a base district that allows 40 du/ac, but inside APZ-II or a 70 dB DNL contour the overlay collapses that to 1–2 du/ac and prohibits any residential at all in APZ-I or the Clear Zone. Part 77 obstruction surfaces can cap a high-rise hundreds of feet below what base zoning would otherwise allow. And because FAA grant assurances and state military-overlay mandates run on top of local discretion, a city often cannot legally upzone the parcel even if it wants to.

Watch items

  • FAA grant-assurance contracts can preempt local upzonings near AIP-funded airports — the city's hands are tied
  • Part 77 notice (Form 7460-1) is required for structures >200 ft AGL anywhere, and at much lower heights inside approach surfaces
  • State military-base overlays (TX Ch. 397, VA §15.2-2295) preempt local zoning around installations — base commander gets a referral seat
  • Noise contours are recomputed periodically; a parcel outside the 65 dB DNL today can be inside it after the next AICUZ update
  • Avigation easements recorded against a parcel survive ownership changes and waive noise-damage claims
  • ALUC (CA) and similar referral bodies can override a city's approval — check the consistency determination early

Related statutes & laws

  • FAA 14 CFR Part 77 — Safe, Efficient Use, and Preservation of the Navigable Airspace
  • FAR Part 150 — Airport Noise Compatibility Planning
  • DoDI 4165.57 — Air Installation Compatible Use Zones (AICUZ)
  • TX Local Government Code Ch. 241 (Airport Zoning) / Ch. 397 (Military Installations)
  • CA Public Utilities Code §21670 (Airport Land Use Commission)
  • VA Code §15.2-2295 (Military Airport Overlay)