Here is some info on the matter from.....http://home.netvista.net/hpb/syl-2.html
Excerpts from "Airport Environmental Handbook"
FAA, Oct. 8, 1985
Land Use Regulations: Considerations for Real Estate Transactions
Involving Civil Airports and Surrounding Developments
V. Notification Requirements for New Airports, and Safety Review
A purchaser or owner of real estate desirous of establishing an airport on the land is subject to the notification requirements of FAR 157.3-5. [FN75] A developer of a public use airport may apply for Federal funds under the Airport Aid Program. [FN76] A tentative allocation of Federal funds for the project is possible, so a developer can determine the eligibility for these funds before committing to purchase of the real estate. [FN77]
The FAA requires notice by anyone intending to construct a new airport, modify or abandon an existing airport or any part of one, change the status of an existing airport, or change the traffic patterns at an existing airport. [FN78] Generally, the FAA must be informed 90 days in advance of any construction at the site an a specified form. [FN79] The FAA will then conduct an aeronautical study of the project, and issue a determination of its impact on the safe and efficient use of airspace and safety of persons and property on the ground. [FN80] The determination is only advisory [FN81], but a prospective buyer/developer should consider the vast liability of such an adverse determination.
The FAA has the authority to regulate the airspace above the project into non-usability, rendering the airport useless. An accident or other liability incurring event at a site found to be hazardous by the FAA, but operated anyway by the owner would have serious legal liability; particularly tort liability. Fortunately, a buyer/developer may have this determination completed by the FAA in advance of purchase or commitment to the property transaction.
Factors considered by the FAA in making a suitability determination are: effects on existing or contemplated traffic patterns of neighboring airports; effect on existing and projected airspace structure; and effects on existing or proposed manmade objects and natural objects within the affected area. [FN82] This determination by the FAA does not in anyway relieve the sponsor of the project of obligation or responsibilities to comply with local laws, ordinances, regulations, or any State or other Federal regulations. [FN83] Examples include zoning restrictions or noise reduction statutes.
The FAA will issue a determination that a project is 1) not objectionable; 2) conditionally objectionable; or 3) objectionable. [FN84] The determination also will contain a void date, beyond which any construction of the project must be completed, or face a new aeronautical study. [FN85] Extensions, revisions and waivers are possible upon petition. [FN86] The FAA must be notified with 15 days of the project's completion. [FN87] Once properly notified, the project becomes an existing facility with a permanent status of the determined aeronautical suitability.
VI. Local Zoning Restrictions
Before committing resources to an airport development project, a thorough investigation of local and state zoning laws is necessary. "Some States have no restrictions on airports, giving the counties or cities authority to administer airport regulations. Others have airport certification boards which pass on the suitability of strips, and there is no way to find out except by applying or inquiring in one's own locality." [FN88]
It seems well settled that zoning can and does represent a powerful land use regulation. Zoning regulations can even put an existing airport out of business. "[This airport] was not a substantial use, the loss of which would cause serious financial harm to defendants, and hence the destruction of the use is justified by the advantage to the public in being able to carry out an effective zoning plan." [FN89] While a subject all to itself, the ability of governments to zone real estate for certain uses has little restriction. Airport uses are but one example.
However, an interesting exception to such power is when the zoning ordinances conflict with specific legislation of the State. A plaintiff sought a declaration from the Court that the new zoning ordinance prohibiting aviation use of his land was void because State law preempted it in Garden State Farms, Inc. v. Bay New Jersey Superior Court. [FN90] Such a declaration was not forthcoming, and the Court generally upheld the power of the municipality to create zoning laws prohibiting aviation use of certain property. An important exception was made by the Court:
"The fact that a municipality has the Power to adopt zoning ordinances limiting or prohibiting the use of property as an aeronautical facility is not dispositive. An ordinance adopted pursuant to such zoning power is ineffective when, in the particular circumstances, it conflicts with the powers granted by other legislation to the State, to one of its agencies or to some other governmental unit." [FN91]
The Court found that the State aeronautical commission had the statutory authority and responsibility to designate areas for use as airports (or heliports), and where such a designation was made by the commission, the local ordinance could not overrule it.
An important distinction should be made between the State action in the case above, and the FAA approval action in the above section V. The FAA action of approval under FAR part 157 (14 C.F.R. §157 et.seq. (West 1994)), is not an approval of a particular land use: it is merely that the proposed airport does or does not present an objectionable use of the airspace. Hence, there is no conflict with the supremacy clause of the Constitution or any local zoning law. The FAA regulations do not represent a direct federal land zoning law, since the FAA deals only with use of the airspace.
As a practical matter, a prospective owner of real estate with an objective of developing the land into an airport must pay particular attention to state, county and local ordinances before committing resources to the transaction. Of particular note should be noise restrictions in the area to be purchased and developed. A developer should compare the predictions of noise from the Environmental Assessment (prepared as described above) to any local ordinances to determine compatibility of his plans with local laws.
A purchaser of real estate proceeding with plans to develop, establish, use, or expand an airport has several land use regulations to contend with. His plan must be environmentally sound, and must consider alternatives that reduce or eliminate environmental impacts. The developer must be cognizant of the possible hazards to air navigation his structures may create. He must conform to local zoning restrictions. If these regulations are not complied with, the purchaser is in serious risk of buying land he cannot use for his airport project.