What is highway airspace?
Air space is that area located above or below the highway’s established grade line, beneath an elevated highway structure, or adjacent to the roadway, and located within the approved right-of-way boundary. As used in these Guidelines, this includes the land and related rights held by the STD or LPA and available for such uses, subject to limitations under State law and procedures. Question 710.405_2: Who may lease highway airspace? An individual, company, organization, or public agency may lease airspace upon approval from the STD and where appropriate, FHWA. All non-highway use of airspace will be covered by a properly written and approved airspace agreement (lease). Question 710.405_3: Does FHWA have final approval on leases of all airspace? The FHWA has final approval on leases of airspace on Interstate systems. It is a very interested party on the lease of airspace on other highway systems, particularly on other roads on the National Highway System (NHS). (See discussion on Statute
