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Airport authority directs counsel to urge City of Naples not to adopt proposed airport land‑use ordinances
Summary
The Naples Airport Authority voted 4–1 to ask its aviation counsel to draft a letter to the City of Naples outlining concerns that two draft ordinances could impose burdens on airport operations, duplicate federal filings and risk preemption of aeronautical functions.
The Naples Airport Authority on Thursday voted 4–1 to ask its aviation counsel to send a formal letter to the City of Naples urging the council not to adopt the current draft ordinances governing the airport master plan, utilization plan and site plan review as written.
Chair Terry Cavanaugh moved that aviation counsel Peter Kirsch draft a letter describing four core concerns: that the city proposals impose unnecessary procedural burdens on the authority, could delay safety‑critical projects, include limited evaluation criteria and lack expertise to assess aeronautical functions, and duplicate the federal Airport Layout Plan. Kirsch told the board the FAA has long held that municipalities are preempted from regulating aeronautical functions and that the city is risking a conflict with federal law if the ordinances are applied to aeronautical matters.
Kirsch said the city attorney has inserted language to avoid facial preemption, but cautioned that preemption could still arise as the ordinances are applied. The board’s motion asked Kirsch to outline those concerns and respectfully request the city not to adopt the ordinances in their present form. The motion was seconded by Commissioner Crease and passed on a roll‑call vote: Commissioners Alberto, Arnold, Chair Cavanaugh and Vice Chair Crease voted yes; Commissioner Burns voted no.
Board members said the authority wants to avoid litigation but must protect its federally granted responsibility to operate the airport. Several commissioners urged continued negotiation with the city, and city counsel’s office representative Andrew Dickman said the city’s drafting process has included multiple meetings and that the city wants to collaborate and incorporate airport input. Dickman urged a constructive tone and suggested phone calls and meetings to resolve outstanding technical issues.
The board asked staff and counsel to continue coordination and to return with proposed next steps; Kirsch said he would draft the letter and provide it to the board concurrently with its transmission to the city.
