The Federal Aviation Administration (FAA) dismissed a complaint against the City of Longmont alleging that the City imposed unfair fees and restricted the landing area for a skydiving company based at Vance Brand Municipal Airport. 

The complaint by Mile-Hi Skydiving alleged two primary issues:  

• Longmont violated Federal Grant Assurance 22, “Economic Discrimination,” through its establishment in 2017 of a parachute drop zone (PDZ) location and fee structure that was smaller and more expensive for Mile-Hi to use than the area that Mile-Hi utilized in previous years, and Longmont’s requirement that Mile-Hi report off-site landings similarly violated Grant Assurance 22; and 
• Longmont violated Grant Assurance 23, “Exclusive Rights,” by unreasonably restricting skydiving through an arbitrary and unreasonable fee, arbitrary restriction of available landing area and by monitoring Mile-Hi’s usage of airport property to determine compliance. 

The Director’s Determination found no violation by Longmont of either of the two grant assurances. This decision affirms that the City acted reasonably in designating the current drop zone and devising the fee structure currently in place. 

“The City’s goal has always been to implement effective rules for the safety of all airport users,” Longmont City Manager Harold Dominguez said. “It’s gratifying that the FAA has agreed with our management approach.” 

On the first issue, the decision notes, “The Director agrees with Longmont that it is the airport’s responsibility to consider what is a reasonable fee that the jumpers and/or their organizations can pay for using airport property. . . the record shows there was a series of valid reasons for Longmont to adjust the PDZ permit rate.”  

On the second issue, Mile-Hi Skydiving argued that the drop zone was too small. The decision found “Mile-Hi has failed to present relevant facts and an argument necessary to persuade the Director that 338,000 square feet is too small for a PDZ, how such a PDZ would be unsafe, or how setting the size of the PDZ at 338,000 square feet would in any way limit the access to a user or potential user” of the airport.  

The decision also found Longmont’s regulation requiring reporting of off-site landings is reasonable and not unjustly discriminatory in its design or application to Mile-Hi. In addition to dismissing the complaint in its entirety, the decision notes that the PDZ location and size present no inherent unsafe conditions at the airport, as Mile-Hi had alleged. 

“The City is committed to having a safe and economically robust airport that is a good neighbor to all Longmont residents, and we invite all airport users to join in this commitment,” said Harold Dominguez, Longmont City Manager. 

The decision confirms that the City’s actions with regard to Mile-Hi’s operation have been reasonable and not discriminatory to Mile-Hi or to skydivers using the airport. The FAA determination follows a May 2019 dismissal of similar claims raised by Mile-Hi in Boulder District Court on grounds that the FAA had sole jurisdiction over the issues raised. Mile-Hi has 30 days to file an administrative appeal under FAA rules.