HomeMy Public PortalAbout360 Degree Ranch Land Use Safety and Liability 8-31-2131 August, 2021
Dear Commissioners
KMYL pilots is an informal association consisting of commercial and private tenants, pilots,
stakeholders and supporters of the McCall Municipal Airport (KMYL). Our members include
career aviation specialists with extensive experience in aviation safety, aircraft accident
investigations, and other pertinent expertise.
The purpose of this correspondence is to provide the commissioners additional important
information regarding safety and potential liability issues associated with approval of the 3600
Ranch Subdivision.
Over the past 10 days our members have met with Jennifer Schildgen, ITD Division of
Aeronautics, Airport Planning and Development (contact info attached), researched National
Transportation and Safety Board (NTSB) Accident Investigation records and conducted other
research related to municipal liability associated with aircraft accidents in residential areas
located near airports. Throughout this process we have worked closely with a member of the
McCall Airport Advisory Committee.
Key findings:
ITD Division of Aeronautics Discussions:
• The sole purpose of the FAA regulations, which the Valley County P&Z used as a
primary basis for their approval decision, is to protect terminal approach airspace. These
regulations are neither intended nor appropriate for zoning and land use decisions.
• Zoning and land use decisions around airports are governed by Idaho Code 67-6508,
community comprehensive plans (specifically section q) and the recommendations and
guidelines contained in ITD’s Airport Land Use Guidelines.
• Valley County Comprehensive Plan currently does not meet all Chapter 65 Local Land
Use Planning Section 67-6508 Planning Duties most specifically section “q” Public
Airport Facilities.
• ITD Airport Land Use Guidelines recommend prohibiting residential and single-family
homes at the proposed location for the 3600 Ranch Subdivision
NTSB Accident Records
• NTSB records show two major aircraft accidents within an area defined as the McCall
Airport Inner Critical Zone (ICZ) since 2001.
• The first and most significant of these was a 29 Sept 2001 fatal accident in which a twin-
engine aircraft crashed during landing approach. The aircraft impacted the ground at the
approximate location proposed for the 3600 Ranch Subdivision
ITD Airport Land Use Guidelines
Chapter 7 of the Guidelines contains specific recommendations regarding zoning and land use
around airports. These guidelines are based on aircraft accident data and analysis. The attached
presentation depicts the guidelines most relevant to land use decisions around the McCall Airport
and shows the adverse impact 3600 Ranch Subdivision poses to pilots and people on the ground.
Liability
We believe approval of the 3600 Ranch Subdivision poses a serious liability risk for Valley
County. Some members have extensive experience in accident investigations and have
supported federal, state and local governments for claims brought by victims and families of
victims of aircraft accidents.
Typically claims brought by victims or families of victims against municipalities are capped by
state statute. While we are not familiar with Idaho statutes in this regard, these caps are typically
predicated on compliance with all state statutes which apply to planning and land use around
airports and active enforcement of zoning and land use policies and regulations by the
municipality.
There are several recent actions brought by aircraft accident victims/families against
municipalities which did not rigorously conform with planning and land use statutes, failed to
implement sound and reasonable land use regulations or failed to conform with their own
planning and zoning requirements. The courts have ruled in some of these cases that statutory
caps did not apply and have declared the municipality to have unlimited liability with respect to
the claims. At present we are aware of an award of $47M which was upheld on appeal by the
state supreme court and another award of $97M.
Based on our research some likely basis for claims against Valley County might include:
• The Valley County Comprehensive Plan at the time of approval did not meet all Chapter
65 Local Land Use Planning Section 67-6508 Planning Duties requirements - most
specifically section “q” Public Airport Facilities.
• Valley County cited and relied on testimony regarding FAA airspace regulations as a
primary basis for its approval decision. These regulations relate solely to airspace
protection and are not an appropriate basis for land use decisions.
• Valley County P&Z approved a plat for a single-family home development in an area
where ITD land use guidelines recommend the prohibition of residential and single-
family homes.
• Valley County P&Z approved a plat for a single-family home development in the same
approximate location as a 2001 fatal aircraft accident.
The safety concerns associated with approving the construction of residential properties within
the McCall Airport ICZ cannot be understated. Similarly, approval and construction of the 3600
Ranch Subdivision poses a substantial liability risk for the county.
We urge the commissioners to defer approval of the 3600 Ranch Subdivision and update Valley
County Comprehensive Plan Section q in coordination with Jennifer Schildgen, ITD Bureau of
Aeronautics prior to reconsidering approval.
Please feel free to contact the following points of contact if you have any questions or would like
any additional information.
Russ Stromberg Dr. Jeff Edwards Rick Fereday
russ@corsairts.com jeff.edwards@avsafe.com rfereday@mayhardware.com