Safety and territory
Airport surroundings and the protection of Aviation Safety
The area around the airport must meet specific regulatory requirements in order to ensure that aircraft engaged in landing, take-off and overfly can do so safely.
To protect the Aviation Safety the international law prescribes some rules for the territory that surrounds an airport, that which must be respected by local administrations and citizens.
Whereas section seven of the EU Regulation 139/14 sets forth:
"With regard to obstacle management in the aerodrome surroundings as well as to other activities taking place outside the aerodrome's boundary, each Member State may designate different authorities and other entities in charge of monitoring, assessment and mitigation of risks. The aim of this Regulation is not to change current allocation of tasks within the Member State. However, a seamless organisation of the competences regarding the safeguarding of aerodrome surroundings and the monitoring and mitigation of risk caused by human activities should be ensured in each Member State. It should therefore be ensured that authorities which are entrusted with responsibilities of safeguarding the surroundings of aerodromes have the adequate competencies to fulfil their obligations."
The Navigation Code - ex Article 707 - states:
[I]. In order to ensure airspace security, ENAC identifies zone to be restricted in areas adjacent to airports and establishes limits related to the obstacles to air navigation and the pertinent potential dangers, in accordance with international technical regulations. Local authorities, during planning and governing of the territory, adapt their planning tools to the ENAC requirements.
[II]. ENAC staff responsible for performing surveys and placing signals can access private property, requiring, in the case of opposition from private individuals, the assistance of the public force.
[III]. The areas referred to in the first paragraph and the related limitations are indicated by ENAC on specific maps published by filing such at the office of the municipality concerned.
[IV]. Within ten days from the date when the maps were files, notice is given in the Official Bulletin of the region concerned. The concerned commune will make this information known to individual interested parties, in the manner considered appropriate.
[V]. In the landing and take-off directions, works or activities compatible with the appropriate risk plans may be authorized by the territorial jurisdiction of the municipalities, including on the basis of any regional directives, in compliance with the ENAC Regulation on the construction and management of airports, in implementing Annex XIV ICAO.
[VI]. For military airports, the functions referred to in this article are exercised by the Ministry of Defence and governed by a decree of the Minister of Defence.