Q1. Why are hangars limited to certain kinds of use?
FAA Response. Airport sponsors that have accepted FAA grants or deeds of Federal surplus property are obligated to use dedicated aviation facilities for aeronautical use. If hangars are not reserved for aeronautical use, Federal airport grant funds could inadvertently subsidize non-aeronautical users, and aeronautical users could be denied access to needed airport facilities. Conditions in AIP grant assurances, relevant to hangar use, include:
Preserving rights and powers (Grant Assurance 5);
Making the airport available for aviation use on certain terms (Grant Assurance 22);
Not granting exclusive rights (Grant Assurance 23);
Ensuring safe operations (Grant Assurance 19); and
Complying with the ALP (Airport Layout Plan) process and requirements (Grant Assurance 29).
Q 2. What is an airport sponsor’s responsibility for hangar use?
FAA Response. To ensure appropriate use of hangars, an airport sponsor should:
manage the use of hangars through an airport leasing program that requires a written lease agreement or permit;
monitor the use of hangars on the airport and take steps to prevent unapproved non-aeronautical use;
minimize the length of time to provide hangar space for those on a “waiting list”; and require non-aviation users pay a fair market rental for the use of the hangar and if needed, the hangar is returned to aviation use, under circumstances where temporary non-aeronautical use of a vacant hangar is permitted.
Q 3. What is the primary purpose of an aircraft hangar?
FAA Response. The primary purpose of an aircraft hangar is aircraft storage. If a hangar is serving its primary purpose – the storage of aircraft – then storage of non-aeronautical items in the hangar does not violate the airport sponsor’s federal obligations.
Q 4. Why is FAA issuing a separate policy statement on hangar use?
FAA Response. The FAA received a number of questions from airport sponsors and airport tenants about the possible uses of hangars and how rigidly the aeronautical use requirement should be applied. In developing the policy statement, FAA focused on giving discretion to the local airport sponsor and allowing reasonable accommodation of activities that do not impact other aeronautical uses and do not create unjustly discriminatory conditions at the airport.
Q 5. To what airport facilities does the policy apply?
FAA Response. Policy applies to all aircraft storage areas or facilities on a federally obligated airport that are designated for aeronautical use on an FAA-approved Airport Layout Plan. The policy does not apply to property designated for non-aeronautical use on an approved Airport Layout Plan or otherwise approved for non-aeronautical use by FAA.
Q 6. Does the policy apply to airports that have never received federal assistance in the form of AIP grants or Federal Surplus or Non-Surplus Property conveyances?
FAA Response. No, it does not. An airport operator-owner of a non-federally obligated airport may impose any restrictions the owner-operator deems necessary. However, certain federal requirements, such as exclusive rights and civil rights may be applicable.
Q 7. Does the policy apply to privately owned hangars on private property?
FAA Response. The policy does not apply to privately owned facilities located off the airport.
Q 8. What aeronautical uses of a hangar are permissible?
Storage of active aircraft.
Shelter for maintenance, repair, or refurbishment of aircraft, but not the indefinite storage of non-operational aircraft.
Construction of amateur-built or kit-built aircraft provided that activities are conducted safely;
Storage of aircraft handling equipment, e.g., tow bar, glider tow equipment, workbenches, and tools and materials used to service, maintain, repair or outfit aircraft; items related to ancillary or incidental uses that do not affect the hangars’ primary use.
Storage of materials related to an aeronautical activity, e.g., balloon and skydiving equipment, office equipment, teaching tools, and materials related to ancillary or incidental uses that do not affect the hangars’ primary use; V’ Storage of non-aeronautical items that do not interfere with the primary aeronautical purpose of the hangar (for example, televisions, furniture).
A vehicle parked at the hangar while the aircraft usually stored in that hangar is flying, subject to local airport rules and regulations.
Q 9. What uses are not permissible under the policy?
Use as a residence.
Operation of a non-aeronautical business, e.g., limo service, car and motorcycle storage, storage of inventory, non-aeronautical business office.
Activities which impede the movement of the aircraft in and out of the hangar or other aeronautical contents of the hanger.