North Shore Man's Chopper Must Stay Off His Own Property

ROCKPORT, MA — Where's a guy to land a helicopter around here? One North Shore resident recently found out that if you'd rather use your helicopter to get around Massachusetts, you'd better check the local zoning regulations when it comes to landing.

Even if you're planning on landing on your own private heliport certified by the Federal Aviation Administration, local zoning trumps state regulations, the Massachusetts Court of Appeals ruled Monday, as Universal Hub first reported.

Ron Roma, who uses his helicopter like some people use cars, had regularly parked his chopper at the Beverly Airport, but in 2013, he got a license from the Federal Aviation Administration to use his ocean front property in Rockport as a private-use heliport.

But when he landed on his property the following year, the town told him to knock it off. Roma had permission, he argued, but the town said there was no zoning for private helicopter landing pads in Rockport. Roma asked the town zoning board for relief: they rejected it. Land Court sided with him (see why, here,) then the town appealed that judgement.

Eventually, the court ruled that zoning codes in Massachusetts trump a state law that appears to say in some cases residents can operate helicopters to and from their homes without local authority. The court said this ruling does not interfere with state or federal laws promoting aviation, as Roma's lawyer had argued, because those laws are aimed at flying in general, not the specific locations of heliports or landing strips.

Towns, the court said, have the right to determine how land within their borders is used.

"[I]f local zoning bylaws are preempted by the aeronautics code, a city or town will be unable to protect its residents from any of the potential harms and deleterious consequences that may arise from the location of a noncommercial private restricted landing area, unless the division agrees to the proposed restriction," reads the court ruling.

Read the original write up and check out the entire ruling in Universal Hub Here.

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Photo by Alec Douglas on Unsplash