Airport development projects carry a distinct set of legal considerations—environmental, noise mitigation, and land use conflicts—long before construction begins. Kaplan Kirsch counsels airport sponsors and operators of all sizes through that process, from initial master planning through the delivery of new and renovated terminals, concourses, ConRAC facilities, runways and taxiways, and other airport facilities. The Firm’s airport and real estate attorneys also advise on property development for other uses. This includes leasing airport property to developers for aeronautical and non-aeronautical use, such as cargo facilities, hotels, warehouses, restaurants, and retail available to the public.
Airport Planning
Airport master planning sets an airport’s trajectory for decades to come. The legal requirements attached to it are just as consequential as the planning itself. Kaplan Kirsch counsels airport clients through environmental planning and review, Federal Aviation Administration (FAA) land use requirements, and procurement strategy. Together, these shape how a master plan gets implemented. Our attorneys have been actively involved in numerous large, complex projects, including the planning and environmental review for a new commercial service airport expected to be completed in 2028. We also advise clients on modifying their airport layout plans (ALPs) to accommodate current and proposed future development, and federal and local reviews required to obtain approval of the ALP change and other land use approvals. This includes considering the location, size, and development of airport projects, from new terminals, runways, and other airport facilities to non-aeronautical and additional airport land uses. Kaplan Kirsch counsels airport sponsors from the outset—aligning planning and implementation with FAA requirements (grant assurances, regulations, policies, and statutory requirements); federal, state, and local environmental requirements; financial best practices; and the state and local laws specific to each airport.
Airport Development
On the development side, we guide airport sponsors through project delivery, from regulatory compliance and construction contracting to aeronautical and non-aeronautical leasing.
Development Agreements & Regulatory Compliance
Kaplan Kirsch crafts and negotiates project agreements and assists clients through federal regulatory and grant assurance compliance for development inside and outside the secure area, including projects open to the public. Airport development touches nearly every legal discipline at once. We understand the interrelated elements of airport development projects, including transactional issues and documents, due diligence for acquisition, land use and entitlements, environmental issues, federal and state regulatory requirements, public and private financing, and construction contracting.
Aeronautical Development
Kaplan Kirsch advises airports on land acquisition and development strategies. We help airports of all sizes draft, negotiate, and execute comprehensive commercial/industrial aeronautical lease agreements. These include fixed-base operator (FBO) agreements; leases for maintenance, repair, and overhaul (MRO) facilities; hangar leases; ground leases; fuel facility and pipeline agreements; through-the-fence (TTF) arrangements; and similar provisions.
Non-Aeronautical Development
Increasingly, we assist airports with non-aeronautical development projects. We advise clients on hotel, rental car, retail, and other leases, including master leases for commercial property and complex developments. These engagements require a sophisticated understanding of the local real estate market and an appreciation for the regulatory constraints imposed on commercial non-aeronautical leases at airports, including but not limited to Section 163 of the FAA Reauthorization Act and FAA’s policies on land use.