Chapter 5501:1-10 Ohio Airport Protection Act
As used in rules regarding airports and the structures in their surrounding area and navigable airspace.
(A) "Airport" as used in this chapter, means any area of land or water used in maneuvering for landing and taking off of aircraft owned, operated, or constructed by any person, an airport board or other governmental agency located within the state which is approved and certified by the Ohio department of transportation office of aviation for commercial purposes and is designed for the landing and taking off of an aircraft.
(B) "Runway" means the surface of the airport used for landing and taking off of aircraft as depicted on the appropriate map and airport master plan, and federal aviation administration (FAA), form 7480-1 notice of landing area proposal.
(C) "Navigable airspace" means the imaginary surfaces around an airport, including clear zones surface, horizontal surface, conical surface, primary surface, approach surface, and transitional surfaces, as defined by the federal aviation administration (FAA) regulations, as amended.
(D) "Structure" means any object, whether permanent or temporary, including, but not limited to, a building, tower, crane, smokestack, earth formation, transmission line, flagpole, ship mast, and includes a mobile object.
(E) "Obstruction" means any structure, natural or man made, penetrating the navigable airspace as defined in this chapter.
(F) "Applicant" means the person who will own or have control over the completed structure, or as defined by Chapter 4561. of the Revised Code.
(G) "Permit" means a written authorization issued by the administrator of the office of aviation pursuant to the office rules and in accordance with the findings and directions of the Ohio department of transportation to alter or construct a structure.
(H) "Certification by the applicant" means that the certification shall be made by the individual who will own or control the structure when completed; or a partner in a partnership; or the president or authorized officer of a corporation, company or association, or his appointed designee, or authorized official of a body politic; or legally designated representative of a trustee, receiver, or assignee.
(I) "Aeronautical study" means a review or analysis of the effect of the proposed construction or alteration of a structure upon the operation of air navigation facilities and the safe and efficient utilization of the navigable airspace at an airport, as set out in FAA technical manuals, as amended, including, advisory circular 150/5300-13 "Airport Design Standards", 7400.2 c "Airspace Procedures Handbook", and the U.S. terminal procedures handbook.
(J) "Department" means Ohio department of transportation (ODOT).
(K) "Director" means the director of the Ohio department of transportation, or designee.
(L) "Legal holiday" means New Year's day, Martin Luther King Day, Washington-Lincoln day, Memorial day, Independence day, Labor day, Columbus day, Veterans day. Thanksgiving day and Christmas day as observed by the state of Ohio.
(M) "Office" means the Ohio department of transportation office of aviation.
Five Year Review (FYR) Dates: 8/16/2019
Promulgated Under: 119.03
Statutory Authority: 4561.05, 4561.32
Rule Amplifies: 4561.32
Prior Effective Dates: 06/18/1992, 07/10/1999, 03/19/2015
The Ohio department of transportation office of aviation adopts the obstruction standards set forth in 14 CFR 77.21 to 14 CFR 77.29, as amended.
At its sole discretion, the office of aviation may grant a permit which includes a waiver from full compliance with the obstruction standards. Any decision to grant a waiver shall be based on sound aeronautical principles as set forth in the following technical manuals, as amended: "Federal Aviation Regulations part 77, Objects Affecting Navigable Airspace, Title 14, CFR, TERPS, advisory circular 150/5300-13, Airport Design Guide, FAA Heliport and Vertiport Design Guides, and FAA 7400.2 c, Procedures for Handling Airspace Matters," as amended.
A permit issued with a waiver of the obstruction standards shall include the reasons for the waiver, conditions imposed by the office of aviation associated with the waiver, and any additional restrictions or conditions deemed appropriate by the office of aviation. The decision to grant a waiver and the terms and conditions imposed thereunder shall be final. Failure to meet the conditions and restrictions of any waiver shall render the permit void and subject to enforcement action.
The office of aviation will also consider airport zoning in accordance with section 4563.10 of the Revised Code.
(A) The director of the department of transportation delegates responsibility to the administrator of the office of aviation to determine whether violations of the applicable statutes, rules, orders and permits have occurred or are threatened. The office shall investigate violations or threat of violation of the statutes, rules, orders and permits.
(B) If the administrator has reason to believe that any person is commencing to install a structure or object of natural growth for which a permit appears to be required but for which no application has been filed, the administrator may:
(1) Notify such person to appear at a hearing and show cause why a permit is not needed or why an order should not be issued by the administrator to cease and desist from such violation, or;
(2) When immediate action is needed, institute an action in a court of competent jurisdiction to prevent, restrain, correct, or abate any violation or threatened violation of sections 4561.30 to 4561.39 of the Revised Code or any rule adopted or order issued thereunder.
(C) Notices to show cause shall be sent by certified mail, return receipt requested, to the person who owns or controls the structure or land. The notice shall state the location, type of structure and the reasons the structure should have a permit, or is in violation of the statutes, rules, orders or permits of the office and may request that the structure be removed or the violation be corrected voluntarily within a reasonable amount of time. The notice shall also state a date and time for the show cause hearing. All such hearings shall be conducted in accordance with sections 119.01 to 119.13 of the revised code.
(D) If, upon such hearing, the administrator finds that the structure or object of natural growth is subject to permit under the applicable statutes and rules, the administrator shall issue and cause to be served upon the person to whom the notice was directed an order setting forth findings and conclusions. The administrator may direct that the person cease and desist from installing such structures or objects of natural growth. A cease and desist order issued under this rule shall be enforceable and may be appealed pursuant to section 119.12 of the Revised Code.