FAA Releases New Residential Through the Fence Policy, Toolkit

July 25, 2013 - The FAA released a new residential through the fence (RTTF) toolkit last week, which provides a convenient method for complying with the new policy recently released in the Federal Register.

The policy comes on the heels of Public Law 112-95, sections of which prohibit the FAA from finding a GA airport sponsor in violation of federal grant assurances because the sponsor enters into an RTTF agreement.

The recently released policy is the implementation of the relevant sections of that law and a significant departure from previous FAA policy, which considered even noncommercial RTTF agreements to be violations of grant assurances. EAA and other associations worked closely and successfully with Congress and the FAA to revise the interpretation of the law.

The updated policy permits the creation of new GA RTTF agreements, provided they are compliant with the law. The toolkit, which contains access agreement review sheets, recommendations for sponsors, official interpretations of the law, and sample agreements, is designed to help sponsors and applicants create successful, legal agreements with minimal agency interference.

Under the new policy, existing commercial through the fence agreements are grandfathered into the law, while new commercial agreements are prohibited.

"EAA is pleased that the FAA established a clear interpretation of the law and a policy that permits new GA RTTF agreements," said Jonathan Harger, EAA government advocacy specialist. "We believe that noncommercial access to airports, apart from being a property rights issue, is a vital element of recreational flying that promotes a healthy airport community. We are happy that the FAA provided this toolkit to help people exercise their right to have airport access."