Federal Aviation Administration to rule on Yuba County airport ultralight battle

The fight to fly ultralights from the Yuba County Airport has continued months after the county ended its yearslong ban of the small aircraft, with the Federal Aviation Administration now poised to rule on the claims of discrimination and lack of compliance alleged by ultralight pilots.

Those who fly the small, lightweight aircraft of different stripes were restricted for nearly four years from accessing the airport by ground and taking off in their ultralights. The county changed its stance with new regulations in December that allowed ultralight access within certain guidelines, which pilots have claimed are overly-restrictive and cost-prohibitive for hobbyists who fly the relatively inexpensive aircraft.

Ultralight pilot David Shelton filed a complaint with the FAA in October that, after back-and-forth responses with Yuba County’s attorneys, concluded with final responses in March. The FAA is expected to issue a decision on the complaint’s allegations within the next several months.

“There’s a whole list of things that they’ll rule on, but I’m expecting findings of noncompliance regarding the ban, and findings of noncompliance regarding many of the restrictions,” Shelton said. “We find the same issues at airport after airport.”

In a final response filed last week, Shelton argued that the county replaced what was effectively an outright ban with restrictions that still prevent ultralight pilots from accessing the airport.

The ultralight pilots have claimed the airport has unfairly discriminated against them and their preferred aircraft, which they said would put the county facility out of compliance with requirements necessary for the county to apply for and receive federal airport funding.

The original complaint claims the airport violated federal grant assurances connected to more than $1 million the county accepted since 2022, when the effective ban on ultralights began.

The county, in its responses to the FAA complaint, has denied any wrongdoing, or that it had ever banned ultralight access.

What’s the problem?

When re-allowing ultralight operators to enter the airport by ground to take off from its recently designated ultralight zone, the county imposed rules requiring a monthly fee for ground access and key-card access with permission from the airport manager.

The county also added an insurance requirement that pilots argue extends beyond what airport tenants and pilots of larger planes flying in and out of the facility must show.

“I just want to fly an occasional flight along the Feather River and I can’t pay $10,000 for that,” Shelton said. “It’s a de facto ban is what it is.”

Meeting the county requirements could total thousands of dollars per year, Shelton said, and no ultralights have gained access under the new guidance since the ban lifted and the new rules went into effect in December, according to a public records request he cited in his formal response to the FAA.

“To my knowledge none of them have signed up and come in to fly their ultralights,” said supervisor Jon Messick.

Safety concerns

Civil grand jury reports from more than a decade ago highlighted safety concerns regarding ultralights at the airport. Jurors recommended relocating the area of the airport where ultralight operations were allowed, which, according to county officials, took nearly four years.

County officials, when approving the new guidelines in December that are now under scrutiny, said they had gone back and forth with the FAA on multiple locations before settling on the new area where ultralight access is now allowed.

“I think the biggest hold up was going back and forth with finding a spot with the FAA,” Messick said.

The United States Powered Paragliding Association and Experimental Aircraft Association have written letters supporting the ultralight pilots in their fight against the county airport, as cited in the documents under review for the FAA’s upcoming decision.

“What this is showing is this is no longer a local issue,” Shelton said.