Port Commissioners Draft Through-the-Fence Resolution

Garth Eimers, Chair of the Port of Orcas Commissioners, presented a draft resolution regarding Access to the Public-Use Orcas Airport at the Port’s regular meeting Thursday, Sept. 10.

The resolution is an initial attempt to draft language that will meet Federal Aviation Administration (FAA) requirements regarding access from private property neighbors of the airport. As a federally-funded facility, the Port of Orcas is compelled to come up with such an agreement, referred to as the “Through the Fence Agreement.”

According to the resolution, the FAA has “defined residences with hangars as an incompatible land-use activity … within the grant assurances” that accompanied FAA funding. The draft resolution states that “existing certain access agreements from private property may not be extinguishable,” and that “existing private properties with access rights form a separate class of airport users.”

Proposed for adoption by the Commissioners is the resolution stating:

1. The Port of Orcas will charge an access fee for each of those private properties that exercise aircraft access to the Eastsound Airport. Aircraft access is defined as either having an aircraft parked on private property or as having constructed an aircraft hanger [sic] on private property.

2.  The access fee for each property within the definition of No. 1 above wil be the then current annual tie down fee for the Port of Orcas as defined by Tariff #7 or Tariff #8.

3. The Port of Orcas will communicate to San Juan County its resistance to any further residential development within the airport overlay zone.

4. The Port of Orcas will, in compliance with Washington Statutes governing re-setting lease rents, ensure parity between on-airport and off-airport charges for classes of aircraft users based at the airport or with ground access to airport use.

The resolution will be discussed further at the next Port of Orcas Meeting on Oct. 8. For more information, go to www.portoforcas.com.