- Planning Division Front Desk
201 S Cortez St
Avigation Easement Requirements
As of the City’s Land Development Code (“LDC”) adopted in 2003, all properties located within the Airport Influence Area (depicted on the Avigation Easements Required – Map attached below) are required to have an Avigation Easement signed, notarized, recorded, and on-file with the City prior to the release of “any building or development permit.” This is pursuant to the LDC Section 5.2.7.C Noise and Avigation Easement Requirement, which states:
Prior to issuance of any building or development permit for property within the noise compatibility zones, the owner of said property shall provide the City of Prescott with an avigation easement over the subject property and release the City of Prescott from all liability for any and all claims for damages including, but not limited to, dust, noise, vibration, fumes, fuel and lubricant particles. The avigation easement and release form shall be available from the City of Prescott. The same avigation easement shall be required within the Airport Influence Area, as authorized by the City.
Please see the Template Avigation Easement attached below.
Frequently Asked Questions about Avigation Easements
Q: Is this being required due to the proposed Airport Vicinity Overlay (“AVO”)?
A: No, this requirement has been in effect since 2005.
Q: Do I need to satisfy this requirement for every permit?
A: Per the language in the LDC, building and development permits require an Avigation Easement. However, there are smaller scope and site review-only permits that may not require the Avigation Easement. Please reach out to Planning if you have a question about your particular project (firstname.lastname@example.org).
Q: What properties in the City of Prescott are impacted by this requirement?
A: Any property that falls within the area depicted on the Avigation Easements Required – Map attached below is required to have an Avigation Easement signed, notarized, recorded, and on-file with the City. Please note: These easements run with the property, which means they only need to be completed one time. The Deep Well Ranch development has a blanket Avigation Easement covering the entire master plan, so residents within Deep Well Ranch are not required to complete another Avigation Easement. Please reach out to Planning if you are unsure whether or not your property has an existing Avigation Easement (email@example.com).