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What are regulations around helicopters landing and taking off in the San Francisco Bay?
Hello! Thanks for asking Wonder about regulations around helicopters landing and taking off in San Francisco Bay. In short, I found no specific regulations regarding the landing or takeoff of helicopters at San Francisco Bay. However, there are regulations regarding permitting and airspace that may affect the construction and use of a new heliport on the Bay. Below, please find the results of my research.
Please note that I am not an attorney, and this response should not be taken as legal advice.
METHODOLOGY
In order to find the information you have requested, I have consulted the online documentation for the California Department of Transportation, the Federal Aviation Administration, and the San Francisco Bay Conservation and Development Commission. I also searched the US Coast Guard and the San Francisco International Airport regulations.
REGULATIONS RELATED TO HELICOPTERS AND HELIPORTS
-- California Department of Transportation Code of Regulations
According to the California Department of Transportation (CA DOT) Code of Regulations, a heliport is defined as, "An area of land, water, or structure used or intended to be used for the landing and takeoff of helicopters." It also states that the primary surface for heliports, "in accordance with FAR 77.29(a), coincides in size and shape with the designated FATO of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation." FATO stands for "Final Approach and Takeoff Area," which is the area where the final approach or landing concludes or takeoff begins. Also, while not exactly the scenario you describe, the Code does indicate that, "Heliports established on offshore oil platforms" are exempt from these regulations. However, it is unclear if this exemption would apply to heliports on boats or barges.
Those wishing to establish or construct a heliport must receive a permit from the CA DOT by submitting Form DOA-0201, the "Site Approval Permit Application form" for heliports. Additional helipad permitting documents can be found at the CA DOT website.
-- Federal Aviation Administration (FAA)
The Federal Aviation Administration (FAA) has determined that heliports need not comply with Part 139 Airport Certification requirements since most helicopters do not seat more than nine people and typically do not have scheduled operations, which are among the requirements.
According to an FAA Advisory Circular on heliport design, the required FATO of a public use heliport "may be at ground or water level, or at rooftop level" (Page 27). Furthermore, the document states, "The FATO of a transport heliport is normally at ground level but may be developed with the TLOF located on a pier, or when carefully planned, on the roof of a building" (Page 49). TLOF stands for "Touch Down and Lift-Off Area." Figure 4-2 (Page 55) depicts a FATO that extends over water. Also, Section 10 on page 5 discusses the need for an environmental assessment for new heliports to address land, water, air, and socio-economic concerns.
-- San Francisco Bay Conservation and Development Commission
California Government Code Section 66632 requires that anyone who wants to "place fill, to extract materials, or to make any substantial change in use of any water, land or structure, within the area of the commission's jurisdiction shall secure a permit from the commission and, if required by law or by ordinance, from any city or county within which any part of the work is to be performed." It further states that "“fill” means earth or any other substance or material, including pilings or structures placed on pilings, and structures floating at some or all times and moored for extended periods, such as houseboats and floating docks." This regulation was recently used against a party that installed "two helicopter landing pads" without permission.
-- General heliport and helipad parameters
An article by HeliExperts International, which specializes in heliport design, states that heliports can be located anyplace where the space is sufficient, including "on docks, piers, barges, boats, offshore oil/gas rigs, or portable deck systems in jungles/mountains/marshes; and even on water for aircraft equipped with floats." It further notes that air space availability is a predominant determining factor for locating a heliport.
SAN FRANCISCO BAY AIRSPACE
The San Francisco Bay airspace is dominated by the San Francisco International Airport (SFO) Class B, which essentially regulates the altitude at which specific aircraft can fly. A number of popular Bay area tour routes in Class B are used by many pilots. While there are altitude restrictions, I was unable to find any restrictions that would prevent a helicopter from landing on or taking off from San Francisco Bay.
The SFO regulations note that, "helicopter altitudes are regulated through FAR Part 91. The City does not have jurisdiction or decision power to make the helicopter fly elsewhere or require them to use higher altitudes." However, aircraft, including helicopters, must stay outside of the SFO Class B airspace, unless they have FAA approval. Even so, "commercial air traffic with airport destinations in the Class B airspace take priority over helicopters transitioning the airspace."
SAN FRANCISCO HELIPORTS
The website AirNav shows that there are currently five heliports in the San Francisco area, and one of those is in San Francisco Bay. The Alcatraz Heliport is a private, 60' x 60' concrete heliport that requires permission to land there.
This US airspace map shows the area around existing heliports, including fields that can be used for emergency landings.
SUMMARY
To sum up, while there appear to be no restrictions regarding helicopters landing on or taking off from San Francisco Bay, the California DOT, the FAA, and the San Francisco Bay Conservation and Development Commission should all be consulted to ensure the proper permits are in place for construction and establishment of any heliport, including those aboard a watercraft.
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