CAA: GA News, "Proposed rule would protect seaplane access in Michigan"

["Stephen Irwin" <stepheni@cwnet.com>]

Friday, May 12, 2000

Proposed rule would protect seaplane access in Michigan
GA News


LANSING, Michigan — The Michigan Bureau of Aeronautics has proposed a rule
that would protect seaplane pilots from having to negotiate a patchwork of
local ordinances on Michigan’s lakes and rivers. The proposed rule would
make the Michigan Aeronautics Commission the final authority for regulating
seaplane operations on the state’s public waterways. Oregon and Texas have
recently enacted similar rules.

Under the proposal, any municipality (city, county, village, or township) or
local authority who wanted to regulate or restrict seaplanes operating on
local waterways would have to request approval of the local regulations from
the state Aeronautics Commission. The commission would have the final say in
allowing or throwing out those local regulations. The proposed
administrative rules would also give the commission the power to review and
approve or throw out existing local regulations aimed at restricting
seaplane operations. The rule is expected to be in force by midsummer,
according the Bureau of Aeronautics.

As in many states, Michigan currently has no exclusive authority over
seaplane operations on its inland waters. The Michigan constitution gives
local governments any powers not specifically reserved by the state, and
there are no rules or statutes that specifically reserve state authority to
regulate seaplane operations.

Spurred by complaints from citizens about noise and safety, a number of
municipalities in Michigan have passed local ordinances that restrict
seaplane operations and, according to the Seaplane Pilots Association (SPA),
many of those ordinances have been written with little understanding of or
regard to the practicality of operating a seaplane. In some cases, complying
with the regulations would compromise the safety of seaplane operations; in
others, “limits” on seaplane operations effectively bar any seaplanes from
the affected waterways.

Pilots and aviation groups have argued that local seaplane ordinances create
a patchwork of restrictions, with no consistency from one lake to the next.
Adding to the confusion, local restrictions are rarely posted in places
where seaplane pilots would see them, and local officials have often been
unaware of seaplane restrictions in their own jurisdictions.

The proposed rule (Michigan Aeronautics Code, R 259.401) would apply to all
public-use “navigable waterways” in the state, but not to private waterways
or federally controlled waters, such as those in national parks or under the
control of the Army Corps of Engineers.

The rule would allow existing local seaplane ordinances to stand. An
existing ordinance could be reviewed by the Aeronautics Commission on
request, and anyone could submit such a request. The commission and the
Bureau of Aeronautics could refuse to review an existing local ordinance if
they felt there was insufficient reason to proceed with the review process.

New local ordinances (enacted after the effective date of R 259.401) would
automatically come under review by the commission and would not be
enforceable until the commission approved them. The review process would
include a review of the ordinance, on-site inspection of the waterway, and
opportunities for public comment. The commission’s decision to approve or
disapprove the ordinance would be final.

The new administrative rules would accomplish several goals. They would
eliminate the current patchwork of inconsistent seaplane ordinances. They
would provide a review process to ensure that new and existing local
ordinances were consistent with safe and practical seaplane operations.
Because the commission would have to review all seaplane ordinances, it
would give pilots a single place to check on seaplane restrictions
statewide.

While on the water, seaplanes would be subject to local powerboat
regulations. If powerboats are banned from a certain waterway, for example,
seaplanes would also be banned. Speed limits on boats and “no-wake”
restrictions would also apply except during takeoffs and landings.

The proposed rule makes it clear that seaplane operations would not be
approved where they presented a risk to public health, safety or property,
and that seaplanes could not infringe on private property except in an
emergency. It also affirms that the seaplane pilot is always responsible for
the safe operation of his aircraft.

According to the SPA, the proposed rule leaves some ambiguity as to which
waterways are covered. The term “navigable waterways,” says the SPA’s
commentary on the rule, “is vague and subject to interpretation.”

Also, while the rule would create a statewide source of information on
seaplane ordinances, it would not provide similar information on local
powerboat ordinances, which would apply to seaplanes between landing and
takeoff.

Despite these “trouble spots,” SPA and other pilot groups support R 259.401,
and there seems to be no opposition from groups representing Michigan
municipalities, boaters or property owners. Jim Downer of the Michigan
Bureau of Aeronautics told the Flyer that all comments received in writing
and at a March 31 hearing were in support of the proposed rule.

For more information on R 259.401, visit the SPA Web site at Seaplanes.org
or contact the Seaplane Pilots Association, 421 Aviation Way, Frederick, MD
21701; phone: 301-695-2803; E-mail: spa@aopa.org.


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