Pinocchio Chronicles #10: Palomar Airport, County & FAA, # 298

The first Pinocchio Chronicles article (#288) – discussing San Diego Supervisor Jim Desmond’s (JD) McClellan-Palomar Airport (Palomar) expansion misinformation – focused on his claim that the FAA, not the county, decides whether airports should expand.

Article # 288 cited the FAA YouTube Video, which says that local communities retain their proprietary rights to make land use decisions related to airports.

A few days ago, the FAA updated its Land Use Compatibility circular, which confirms that San Diego County, as owner and operator of Palomar, and the city of Carlsbad, as the city having land use jurisdiction over Palomar Airport within the city borders, and not the FAA have final land use authority over Palomar Airport and surrounding lands.

FAA Airport Land Use Compatibility Advisory Circular [FAA AC 150/5190-4B June 2021]

The FAA excels at writing manuals stating how airports should operate. But is not so good at enforcing FAA requirements.

In 134 pages, the FAA Airport Land Use Compatibility AC explains that airport owners, operators, and regulators should promote compatibility of land uses around airports with airport operations. But this AC repeatedly notes that local jurisdictions, not the FAA, control such land use decisions. Consider a few AC excerpts:

• “Because the Federal Aviation Administration (FAA) does not have the authority to directly control land uses and land use decisions are often made at the local level, it is important that local land use planners understand the implications of land use compatibility between airports and their local communities. The guidance in this AC does not replace any local land use regulations that may be in place.” [See Draft AC line numbers 19-23 in §1 Purpose.]
• “This AC does not constitute a regulation, and is not legally binding in its own right. It will not be relied upon as a separate basis by the FAA for affirmative enforcement action or penalty.” [AC line # 51 – 53 in § 2 Application.]
• “Because land use planning and regulation is a power reserved to the states and political subdivisions of states, readers should refer to appropriate state legislation and guidance before formulating land use compatibility plans and programs. Additionally, local municipalities should review relevant ordinances, and other national and local guidance for a comprehensive understanding of each airport scenario.” [AC line # 146 – 150 in § 1.1.3.]

Conclusion

Supervisor JD’s Palomar Airport statements are worrisome for two reasons. First, does JD have a conflict of interest when making decisions related to Palomar Airport as a result of his 20 years of flying aircraft as a commercial pilot and his desire to please aircraft owners and operators, who can affect his future piloting opportunities? Or, did JD simply fail to do his homework and give incorrect information? And, will JD correct his incorrect statements given to the public at a board meeting when the board next meets?

Secondly, If JD’s Palomar statements rate a “D” for accuracy, how accurate can his information be for the other 98% of county projects he acts on?

Is JD a full time supervisor doing the homework needed to serve county residents?