Town’s Bylaw Inconsistent With State Law And Not Legal

The Massachusetts State Attorney General’s Office has overturned a bylaw passed by the town of Chatham which voted in its May 2025 annual meeting to pass Article 59 that sought to prohibit aircraft with wingspans larger than 49 feet from landing at Chatham Municipal Airport (KCQX).

A letter from Assistant Attorney General Kelli E. Gunagan to Town Clerk Julie Smith stated that the bylaw was inconsistent with state law and therefore was disapproved.

Article 59 had passed by a margin of 26 votes, with airport critics arguing that the airport was designed to accommodate FAA-designated design group 1 aircraft – smaller airplanes with wingspans under 49 feet – and not turboprop aircraft with longer wingspans that have become more frequent users of the airport.

The critics also assert that the number of flights of the larger aircraft have exceeded the limit set by the FAA such that additional safety standards must be met.

Gunagan found that Article 59 was not consistent with the law since the Massachusetts legislature granted sole authority to regulate public airports to the Aeronautics Division of the Massachusetts Department of Transportation.

Gunagan did not make any determination regarding the policy issue concerning the size or type of aircraft using the airport.

She wrote, “A town’s independent authority to regulate airports is narrow, extending only to private landing areas,” adding that the bylaw does not fall within that narrow area. “Moreover, prohibiting certain aircraft from using the airport ‘prevents the achievement of a clearly identified purpose,’ namely that the responsibility for supervision and control of aeronautics has been confirmed upon MassDOT by the legislature,” while citing a decision involving the town of Wendell.

Gunagan also added in a footnote that the bylaw may be preempted by grant assurances the town agreed to when it accepted federal funds.

FMI:  www.faa.gov/