Chapter 5501:1-8 | Ohio Airport Protection Act

Rule 5501:1-8-01 | Definitions.

• Effective: November 28, 2024
• Promulgated Under: 119.03

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," 7400.2c "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.

Last updated December 2, 2024 at 8:28 AM

Supplemental Information

Authorized By: 4561.05, 4561.32
Amplifies: 4561.021, 4561.32
Five Year Review Date: 11/18/2029
Prior Effective Dates: 6/18/1992

Rule 5501:1-8-02 | Jurisdiction of the office.

• Effective: November 28, 2024
• Promulgated Under: 119.03

(A) The director delegates the authority to implement the rules contained in this chapter of the Administrative Code to the administrator.

(B) The administrator has the authority and power, to:

(1) Reject, approve or disapprove applications for permits for a structure or object of natural growth located off-airport property, as set forth in this chapter.

(2) Order an aeronautical study of applications for permits.

(3) Direct the preparation of all documents, papers, and evidence necessary to enforce the statutes and rules of the office pursuant to section 4561.32 of the Revised Code.

Last updated December 2, 2024 at 8:29 AM

Supplemental Information

Authorized By: 4561.05, 4561.32
Amplifies: 4561.021, 4561.32, 4561.34, 4561.39
Five Year Review Date: 11/18/2029
Prior Effective Dates: 10/31/2019

Rule 5501:1-8-03 | Permit application process.

• Effective: November 28, 2024
• Promulgated Under: 119.03

(A) An applicant for a permit required by Chapter 4561. of the Revised Code shall file a completed "FAA Form 7460-1, Notice of Proposed Construction or Alteration," with the FAA.

(B) Pursuant to division (B) of section 4561.33 of the Revised Code, such submission shall not be less than thirty days nor more than two years prior to the planned date of commencement of construction, installation or substantial change.

This submission period may be waived at the discretion of the administrator for unforeseen emergencies.

(C) The FAA, upon conclusion of their review and determination, will forward the form and determination to the office for review.

(D) Upon receipt of a submitted and reviewed application(s) from the FAA, the office shall review the application(s) .and notify the applicant if additional information is needed, giving the applicant a reasonable amount of time to complete the application or submit the requested materials.

Last updated December 2, 2024 at 8:29 AM

Supplemental Information

Authorized By: 4561.05, 4561.32
Amplifies: 4561.33
Five Year Review Date: 11/18/2029
Prior Effective Dates: 10/31/2019

Rule 5501:1-8-04 | Aeronautical study.

• Effective: November 28, 2024
• Promulgated Under: 119.03

(A) When the application process is complete, the office shall conduct an independent aeronautical study for the purposes of determining if a permit will be granted or denied.

(B) The application and the conclusions of the aeronautical study are public records and available to any interested parties, including, but not limited to, airport boards, municipal and county governments' officials, airport owners and operators who make such request of the office.

(C) The office may withhold their final determinations until the FAA has completed its study.

Last updated December 2, 2024 at 8:29 AM

Supplemental Information

Authorized By: 4561.05, 4561.32
Amplifies: 4561.32, 4561.34
Five Year Review Date: 11/18/2029
Prior Effective Dates: 6/18/1992

Rule 5501:1-8-05 | Standards for determining obstructions and navigable airspace.

• Effective: November 28, 2024
• Promulgated Under: 119.03

The Ohio department of transportation office of aviation adopts the obstruction standards set forth in 14 CFR 77.21 to 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 7400.2c, 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.

Last updated December 2, 2024 at 8:29 AM

Supplemental Information

Authorized By: 4561.05, 4561.32
Amplifies: 4561.33, 4563.10
Five Year Review Date: 11/18/2029
Prior Effective Dates: 7/10/1999

Rule 5501:1-8-06 | Approval and denial of applications, modifications, and renewals.

• Effective: November 28, 2024
• Promulgated Under: 119.03

The office shall grant or deny a permit pursuant to section 4561.34 of the Revised Code. The terms and conditions will be specified pursuant to section 4561.35 of the Revised Code.

(A) An FAA objection, determination of a presumed hazard, or determination of hazard can be used as sufficient evidence for denial of a permit.

(B) The office shall issue a written notification of an application for permit to all impacted airports that have a commercial operating certificate or certificate issued by the FAA under 14 C.F.R. Part 139, as amended, and consider any written opinion submitted by an impacted airport. The office reserves the right to reject any recommendations of the FAA, impacted airport or other government body after final consideration of the application.

(C) If a permit is denied, the office shall state the reasons in writing and send the notice by certified mail, return receipt requested to the applicant informing the applicant of their right to request a hearing pursuant to Chapter 119. of the Revised Code. Any request for a hearing must be filed with the administrator within thirty days of the receipt of the written notice. All impacted airports that have a commercial operating certificate or certificate issued by the FAA under 14 C.F.R. Part 139, as amended, will be copied on all permit denials.

(D) The expiration date of a granted permit or permit with waiver is the same date that the FAA's determination of no hazard expires including any extensions granted by the FAA.

(E) Upon the written request of the applicant, and if there are no changes to the approved permit or permit with waiver, the permit may be renewed in writing for an additional period of time at the discretion of the administrator.

(F) If there are changes or any amendments to the approved permit, a new application shall be submitted.

Last updated December 2, 2024 at 8:29 AM

Supplemental Information

Authorized By: 4561.05, 4561.32
Amplifies: 4561.31, 4561.32, 4561.34, 4561.35
Five Year Review Date: 11/18/2029
Prior Effective Dates: 6/18/1992

Rule 5501:1-8-07 | Abandonment of a permitted structure.

• Effective: November 28, 2024
• Promulgated Under: 119.03

In the event that a permitted structure is abandoned, the permit holder shall continue to maintain obstruction marking and lighting unless the structure is otherwise physically removed.

If the office receives notice that a permitted structure is abandoned, the office will notify all impacted airports that have a commercial operating certificate or certificate issued by the FAA under 14 C.F.R. Part 139, as amended.

Last updated December 2, 2024 at 8:30 AM

Supplemental Information

Authorized By: 4561.05, 4561.32
Amplifies: 4561.35
Five Year Review Date: 11/18/2029

Rule 5501:1-8-08 | Enforcement procedures; violations.

• Effective: November 28, 2024
• Promulgated Under: 119.03

(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.

Last updated December 2, 2024 at 8:30 AM

Supplemental Information

Authorized By: 4561.05, 4561.32
Amplifies: 4561.30, 4561.31, 4561.32, 4561.39
Five Year Review Date: 11/18/2029
Prior Effective Dates: 6/18/1992