Frankfort Dow Memorial Field
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The Frankfort City-County Airport Authority (FCCAA) is a 501(c)(3) non-profit, tax-exempt organization. The purpose of the Authority is to operate and maintain the Frankfort Dow Memorial Field Airport. Membership to govern the Authority consists of two (2) members from each of these legislative bodies: City of Frankfort, Crystal Lake Township and Benzie County. An additional member is appointed by the majority vote of the six (6) Authority members. The current Authority Chair is Coury Carland whose email address is: ccarland@benzieco.net. Crystal Lake Township's current representatives to the Authority are CLT treasurer, Brooke Trentham-Popp and former CLT Trustee, Tammy May, with emails treasurer.clt@gmail.com and tammolia@yahoo.com. The Airport Authority meets at 7 p.m., the fourth Thursday of each month, at the Frankfort Dow Memorial Airport. Meeting schedule, July 2022 through June 2023: Click here Minutes available: click here. Quick Links: Aeronautics Bureau, Michigan Department of Transportation Airport Authorities Act, PA 73 of 1970, MCL 259.801, et seq. Airport Development Act, PA 107 of 1967, MCL 259.251, et seq. Airport Zoning Act, PA 23 of 1950, MCL 259.431, et seq. Community Airports Act, PA 206 of 1957, MCL 259.621, et seq. Michigan Aeronautics Code, PA 327 of 1945, MCL 259.1a, et seq. Michigan Aeronautics Commission Tall Structures Act, PA 259 of 1959, MCL 259.481, et seq. |
Airport Zoning:
Helpful links: Airspace & Zoning Airport Zoning Handbook Michigan Airport System Plan Statutes and General Rules of the Michigan Aeronautics Commission Airport Authorities The Community Airports Act, Public Act 206 of 1957, MCL 259.621, et seq., authorizes two or more counties, cities, villages or townships to form an airport authority to plan, promote, acquire, construct, improve, enlarge, extend, own, maintain and operate one or more airport landings and navigational and building facilities, either within or outside their limits. With the approval of the electors, an airport authority may levy up to 1 mill. Landing Strips (Public or Private) Requirements for Establishing a Private or Public Landing Site (.pdf) Water Landings / Seaplanes A zoning ordinance preventing seaplanes from taking off and landing on a small lake has been upheld by the 6th Circuit. Gustafson v. City of Lake Angelus, 76 F.3d 778, United States Court of Appeals, Sixth Circuit (1996). A subsequent Michigan Court of Appeals opinion also upheld the local ordinance. City of Lake Angelus v. Michigan Aeronautics Com’n 260 Mich.App. 371, 378, 676 N.W.2d 642, 645 (Mich.App.,2004) City of Lake Angelus was not decided on the question of whether a local unit has the authority to regulate the uses of inland waters. It was decided on the issue of whether the City of Lake Angelus’ authority to adopt an ordinance regulating the landing of seaplanes was preempted by the Aeronautics Commission’s authority to regulate airports and landing fields. It’s not clear from the opinion whether ordinance was a zoning ordinance or not, but it is suggested that it was by the opinion—and if it was the zoning ordinance, then it is unrelated to the general authority for a local government to regulate the licensing of personal watercraft for the general public health, safety and welfare. The court declined to address the issue of whether a city has authority to regulate inland waters: “The city, in effect, zoned Lake Angelus, located entirely within the city, as a nonflying field (body of water). The Aeronautics Commission’s authority to approve the location of flying fields, including on a body of water, does not empower it to require a city to locate a flying field on a body of water located entirely within the city that the city determines is not an appropriate landing field for seaplanes. “Our disposition makes it unnecessary for us to consider the city’s arguments that the administrative rule, if not invalid as in excess of the authority granted by the enabling act, is violative of the Home Rule City Act, M.C.L. § 117.1 et seq., and the City and Village Zoning Act, M.C.L. § 125.581 et seq., and of still other statutes, and decisions of the Supreme Court in Square Lake Hills Condominium Ass’n v. Bloomfield Twp., 437 Mich. 310, 471 N.W.2d 321 (1991), and Hess v. West Bloomfield Twp., 439 Mich. 550, 486 N.W.2d 628 (1992).” Related Links
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