5501:1-10-05 Standards for determining obstructions and navigable airspace.

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.

R.C. 119.032 review dates: 03/19/2010 and 03/19/2015
Promulgated Under: 119.03
Statutory Authority: 4561.05
Rule Amplifies: 4561.32
Prior Effective Dates: 6/18/92, 7/10/99