Greg Jones Airspace and Land Use Manager (850)

Transcription

1 Florida Chapter 333, Airport Zoning Greg Jones Airspace and Land Use Manager (850) Aviation and Spaceports Office 605 Suwannee Street, MS 46 Tallahassee, FL

2 Federal compliance required by F.S (1)(c )3.(below) Documentation showing compliance with the federal requirement for notification of proposed construction or alteration of structures and a valid aeronautical study evaluation submitted by each person applying for a permit variance; Documentation showing compliance with the federal requirement for notification of proposed construction or alteration of structures and a valid aeronautical study submitted by each person applying for a permit; 2

3 Helpful FAA Websites FAA Notice Criteria Tool Obstruction Evaluation/Airport Airspace Analysis 3

4 333.03(1)(a) In order to prevent the creation or establishment of airport hazards, Every political subdivision having an airport hazard area within its territorial limits shall, by October 1, 1977, adopt, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed in this section, airport protection zoning regulations for such airport hazard area. Every political subdivision having an airport hazard area within its territorial limits shall adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed in this section, airport protection zoning regulations for such airport hazard area. 4

5 333.03(1)(b) If Where an airport is owned or controlled by a political subdivision and if any other political subdivision has land upon which an obstruction may be constructed or altered which underlies any surface of the airport as provided in 14 C.F.R. part 77, subpart C, the political subdivisions airport hazard area appertaining to such airport is located wholly or partly outside the territorial limits of said political subdivision, the political subdivision owning or controlling the airport and the political subdivision within which the airport hazard area is located, shall either: If an airport is owned or controlled by a political subdivision and if any other political subdivision has land upon which an obstruction may be constructed or altered which underlies any surface of the airport as provided in 14 C.F.R. part 77, subpart C, the political subdivisions shall either: 5

6 333.03(1)(b)1. By interlocal agreement, in accordance with the provisions of chapter 163, adopt, administer, and enforce a set of airport protection zoning regulations applicable to the airport hazard area in question; or By interlocal agreement, adopt, administer, and enforce a set of airport protection zoning regulations; or 6

7 333.03(1)(b)2. By ordinance, regulation, or resolution duly adopted, create a joint airport protection zoning board that, which board shall have the same power to adopt, administer, and enforce a set of airport protection zoning regulations applicable to the airport hazard area in question as that vested in paragraph (a) in the political subdivision within which such area is located. The Each such joint airport protection zoning board shall have as voting members two representatives appointed by each participating political subdivision participating in its creation and in addition a chair elected by a majority of the members so appointed. However, The airport manager or a representative of each airport in managers of the affected participating political subdivisions shall serve on the board in a nonvoting capacity. By ordinance, regulation, or resolution duly adopted, create a joint airport protection zoning board that shall adopt, administer, and enforce a set of airport protection zoning regulations. The joint airport protection zoning board shall have as voting members two representatives appointed by each participating political subdivision and a chair elected by a majority of the members so appointed. The airport manager or a representative of each airport in the affected participating political subdivisions shall serve on the board in a nonvoting capacity. 7

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9 Florida Department of TRANSPORTATION COMPLIANCE WITH FEDERAL REQUIREMENTS FOR LOCAL ZONING 9

10 Federal Standards for Airport Zoning Title 14 Code of Federal Regulations Part 77 10

11 Federal Standards for Airport Zoning 14 C.F.R. Part 77 Title 14: Aeronautics and Space Part 77-Safe, Efficient Use, Preservation of the Navigable Airspace Contents Subpart A General Subpart B - Notice Requirements Subpart C - Standards for Determining Obstructions to Air Navigation or Navigation Aids or Facilities Subpart D - Aeronautical Studies and Determinations Subpart E - Petitions for Discretionary Review 11

12 Subpart A General Federal Standards for Airport Zoning 77.1 Purpose. This part establishes: (a) The requirements to provide notice to the FAA of certain proposed construction, or the alteration of existing structures; (b) The standards used to determine obstructions to air navigation, and navigational and communication facilities; 12

13 Federal Standards for Airport Zoning 14 C.F.R. Part 77 Subpart B - Notice Requirements 14 CFR Part title14-vol2-part77.xml 13

14 FAA Notice Requirements 14 C.F.R. Part 77 subpart B - Notice Requirements Section 77.5 Applicability (a) If you propose any construction or alteration described in Section 77.9, you must provide adequate notice to the FAA of that construction or alteration. (b) If requested by the FAA, you must also file supplemental notice before the start date and upon completion of certain construction or alterations that are described in s (typically in the determination)

15 FAA Notice Requirements (c) Notice received by the FAA under this subpart is used to: 14 C.F.R. Part 77 subpart B - Notice Requirements Section 77.5(c) Applicability (1) evaluate the effect of the proposed construction or alteration on safety in air commerce and the efficient use and preservation of the navigable airspace and airport traffic capacity at public use airports; (2) Determine whether the effect of proposed construction or alteration is a hazard to air navigation; (3) Determine appropriate marking and lighting recommendations, using FAA Advisory Circular 70/7460-1, Obstruction Marking and Lighting;..

16 FAA Notice Requirements 14 C.F.R. Part 77 subpart B - Notice Requirements Section 77.7 Form and time of Notice (a) (b) If you are required to file notice under s.77.9, you must submit to the FAA a complete FAA Form ,Notice of Proposed Construction or Alteration. You must submit this form at least 45 days before the start date of the proposed construction or alteration or the date an application for a construction permit is filed, whichever is earliest... 16

17 FAA Notice Requirements 14 C.F.R. Part 77 subpart B - Notice Requirements Section 77.9 Construction or alteration requiring notice If requested by the FAA, or if you propose any of the following types of construction or alteration, you must file notice with the FAA of:. (1) Any construction or alteration that is more than200 ft. AGL at its site. 17

18 FAA Notice Requirements 14 C.F.R. Part 77 subpart B - Notice Requirements Section 77.9 Construction or alteration requiring notice (b) Any construction or alteration that exceeds an imaginary surface extending outward and upward at any of the following slopes: (1) 100 to 1 for horizontal distance of 20,000 ft. from the nearest point of the nearest runway.more than 3,200 ft. in actual length 18

19 FAA Notice Requirements 14 C.F.R. Part 77 subpart B - Notice Requirements Section 77.9 Construction or alteration requiring notice (2) 50 to 1 for horizontal distance of 10,000 ft. from the nearest point of the nearest runway.no more than 3,200 ft. in actual length (3) 25 to 1 for a horizontal distance of 5,000 ft. from the nearest point of the nearest landing and takeoff area of each heliport 19

20 FAA Notice Requirements 14 C.F.R. Part 77 subpart B - Notice Requirements Section 77.9 Construction or alteration requiring notice (c) Any highway.. If adjusted upward 17 feet for an Interstate Highway 15 feet for any other public roadway, 10 feet or the height of the highest mobile object that traverse the road, or a private road, 23 feet for a railroad, and for a waterway the height of the highest mobile object. (d) Any costruction or alteration on airports and heliports: 20

21 FAA Obstruction Standards Title 14: Aeronautics and Space Part 77 - Safe, Efficient Use, Preservation of the Navigable Airspace Subpart C - Standards for Determining Obstructions to Air Navigation or Navigational Aids or Facilities Section Applicability Section Scope Section Obstruction Standards Section Civil airport imaginary surfaces Section Department of Defense (DOD) airport imaginary surfaces Section Heliport Imaginary surfaces 21

22 FAA Obstruction Standards 14 C.F.R. Part 77 subpart C Standards for Determining Obstructions Section Applicability This subpart describes the standards used for determining obstructions to air navigation, navigational aids, or navigational facilities. Apply to the following: (a)any object of natural growth, terrain, or permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus. 22

23 FAA Obstruction Standards 14 C.F.R. Part 77 subpart C Standards for Determining Obstructions Section Scope (a) This subpart describes standards used to determine obstructions to air navigation that may effect the safe and efficient use of navigatable airspace and the operation of planned or existing air navigation and communication facilities. 23

24 FAA Obstruction Standards 14 C.F.R. Part 77 subpart C Standards for Determining Obstructions Section Scope (b) Objects that are considered obstructions under the standards described in this subpart are presumed hazards to air navigation unless further aeronautical study concludes that the object is not a hazard. Once further aeronautical study has been initiated, the FAA will use the standards in this subpart, along with FAA policy and guidance material, to determine if the object is a hazard to air navigation 24

25 FAA Obstruction Standards 14 C.F.R. Part 77 subpart C Standards for Determining Obstructions Section Obstruction Standards (a) An existing object, including a mobile object, is, and a future object would be an obstruction to air navigation if it is of greater height that any of the following heights or surfaces: (5) The surface of a takeoff and landing area of an airport or any imaginary surface established under ss , 77.21, or

26 FAA Obstruction Standards 14 C.F.R. Part 77 subpart C Standards for Determining Obstructions Section Civil Airport Imaginary Surfaces The following civil airport imaginary surfaces are established with relation to the airport and to each runway. The size of each such imaginary surface is based on the category of each runway according to the type of approach available or planned for that runway. The slope and dimensions of the approach surface applied to each end of a runway are determined by the most precise approach procedure existing or planned for that runway end. 26

27 FAA Obstruction Standards 14 C.F.R. Part 77 subpart C Standards for Determining Obstructions Section Civil Imaginary Surfaces (a) Horizontal surface.. (b) Conical surface. (c) Primary surface (d) Approach surface (e) Transitional surface 27

28 FAA Obstruction Standards 14 C.F.R. Part 77 subpart C Standards for Determining Obstructions Section DOD airport imaginary surfaces (a1) Inner horizontal surface (a2) Conical surface. (a3) Outer horizontal surface (b1) Primary surface (b2) Clear zone surface (b3) Approach clearance surface (b4) Transitional surfaces 28

29 FAA Obstruction Standards 14 C.F.R. Part 77 subpart C Standards for Determining Obstructions Section Heliport imaginary surfaces (a) Primary surface (b) Approach surface (b4) Transitional surfaces 29

30 14 C.F.R. Part 77 Subpart C Section 77.17, Obstruction Standards (a) An existing object, including a mobile object, is, and a future object would be an obstruction to air navigation if it is of greater height than any of the following heights or surfaces: (5) The surface of a takeoff and landing area of an airport or any imaginary surface established under 77.19, 77.21, or However, no part of the takeoff or landing area itself will be considered an obstruction. 30

31 14 C.F.R. Part 77 Subpart C Section 77.19, Civil Airport Imaginary Surfaces The following civil airport imaginary surfaces are established with relation to the airport and to each runway. The size of each such imaginary surface is based on the category of each runway according to the type of approach available or planned for that runway. The slope and dimensions of the approach surface applied to each end of a runway are determined by the most precise approach procedure existing or planned for that runway end. (a) (b) (c) (d) (e) Horizontal surface. Conical surface Primary surface Approach surface Transitional surface. 31

32 Part 77 Surfaces 32

33 Understanding the need and responsibility for Airport Zoning Regulations F.S (2016) Requirement to adopt airport zoning regulations (1)(a) Every political subdivision having an airport hazard area within it territorial limits SHALL adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed in this section airport protection zoning regulations for such airport hazard area. 33

34 333.01(4) Airport hazard area means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter. Airport hazard area means any area of land or water upon which an airport hazard might be established. 34

35 333.01(3) Airport hazard means an obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 C.F.R. ss , 77.23, 77.25, 77.28, and and which obstructs the airspace required for the flight of aircraft in taking off, maneuvering, or landing or is otherwise hazardous to such taking off, maneuvering, or landing of aircraft and for which no person has previously obtained a permit or variance pursuant to s or s Airport hazard means an obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities. 35

36 333.01(12)(7) "Obstruction" means any existing or proposed manmade object or object, of natural growth or terrain, or structure construction or alteration that exceeds violates the federal obstruction standards contained in 14 C.F.R. part 77, subpart C ss , 77.23, 77.25, 77.28, and The term includes: "Obstruction" means any existing or proposed object, terrain, or structure construction or alteration that exceeds the federal obstruction standards contained in 14 C.F.R. part 77, subpart C. The term includes: 36

37 Introduction and Comments by Presenter Greg Jones 37

38 Disclaimer Presentation is not legal advice - not our function DOT does not approve regulations Responsibility of zoning authority to insure compliance with statutory zoning requirements Determination of whether your regulations are adequate and whether you are in compliance with zoning statute is a legal issue FS 333 is statutory law and therefore requires compliance/ provides penalties for failure to comply Failure to comply with statute can also result in adverse impact to permitting process - appeals and legal action by opposing parties DOT provides assistance with federal obstruction standards Part 77 - will assist with zoning but those are usually legal issues 38

39 History The most recent amendments to Chapter 333, Florida Statutes (FS 333) occurred in the early 1990 s and In mid-2014 FS 333 was being revised for submittal to the legislature in Prior to that a Working group of airports, the Aviation Office and local governments worked on the proposed revisions which were intended to give local jurisdictions more power and reduce some of the obligations to the FDOT. In late 2014 the Aviation Office and FDOT General Counsel s Office became involved with the final drafting of the proposed revisions to FS 333. The proposed revisions were submitted to the 2015 legislature but because of their early adjournment the bills were not addressed. In 2016 the various bills were submitted to the legislature regarding amendment of FS 333 and HB 7061 and SB 1508 were passed. SB 1508 was a stand alone bill for revision of only FS 333; HB 7061 had several FDOT related statutes that were submitted for revision including FS 333. In HB 7061 the section related to FS 333 is found at Section 21, page 58/140 and continues to page 91/140. Both bills were passed but I was informed that since HB 7061 was passed last it is the controlling legislation- there are some differences between 7061 and A comparison between the FS 333 found in HB 7061 and the present/2016 version found on the legislative website are verbatim so we have proceeded using HB 7061 as the source of the new FS 333 in comparing text changes between the bill and the statute. 39

40 Significant Changes Definitions Shows new numbering of Part 77, subpart C New criteria for FDOT evaluation of permit applications New criteria and processes for political subdivision s airport zoning regulations Modifications to land use compatibility regulations Requirement for political subdivisions having land underlying Part 77 surfaces to have Interlocal Agreement or Joint Zoning Board for Airport Zoning Transition provisions Submittal requirements to the FDOT Aviation Office Repeal of certain sections 40

41 Airport Hazards and uses of land in airport vicinities contrary to public interest F.S An airport hazard endangers the live and property of users of the airport and occupants of land in its vicinity Certain uses of land are not compatible with normal airport operations Airport hazard and incompatible use of land are public nuisances In the interest of public health, public safety and general welfare to prevent airport hazards and incompatible land uses 41

42 Why the Presentation and Resource Documents With the new statute there was concern with identifying the changes and how they would effect modifications to existing regulations. The resource documents including this presentation provide information about the changes that need to be made to your existing regulations and processes. These changes are mandated by state law NOT the FDOT. As we will describe later, there are penalties and consequences for failing to comply with this statute. We wanted to provide resource documents that we can share in discussing these changes to train and inform others. 42

43 Suggested Action Plan Overview 1. Identify and establish the entity that will function as the administrative agency/permitting board to administer and enforce airport zoning regulations; identify your process for promulgating airport zoning regulations 2. Determine if an Interlocal Agreement or Joint Zoning Board is required in accordance with F.S (1)(b) and identify and coordinate with the political subdivisions that are affected 3. Political subdivision(s) adopt airport zoning regulations by July 1, Political subdivisions provide adopted airport zoning regulations and amendments to FDOT within 30 days after adoption, in accordance with F.S (3). 5. Upon receipt of a complete permit application, the local government shall provide a copy of the application to the Aviation and Spaceports Office for a 15 day review period, in accordance with F.S (4). 43

44 Zoning Authorities' Submittal Responsibilities to FDOT Aviation and Spaceports Office (Aviation Office) in accordance with F.S. 333(2016) 44

45 Submittal to FDOT Aviation Office Submittal to Aviation Office of adopted Airport Zoning Regulations and amendments in accordance with F.S (3)(2016) provide a copy to department s aviation office.. within 30 days after adoption. This would also comply with the requirement to place on file zoning regulation with FDOT (FS (4)) Adopted/amended regulations and related questions should be ed to: DOTRegulationReview@dot.state.fl.us 45

46 S (3), F.S. Political subdivisions shall provide a copy of all airport protection zoning regulations and airport land use compatibility zoning regulations, and any related amendments, to the department's aviation office within 30 days after adoption. 46

47 Submittal to FDOT Aviation Office Submittal to Aviation Office of Airport Zoning of airport zoning permit applications upon receipt by political subdivisions in accordance with F.S (4)(2016)[ upon receipt of complete application local government shall provide copy to aviation office by delivery receipt ] Zoning permit applications from political subdivisions and related questions should be submitted to: DOTAirportZoning@dot.state.fl.us 47

48 S (4) (extract) If political subdivisions have, in compliance with this chapter, adopted adequate airport protection zoning regulations, placed such regulations on file with the department's aviation office, and established a permitting process, a permit for the construction or alteration of an obstruction is not required from the department. Upon receipt of a complete permit application, the local government shall provide a copy of the application to the department's aviation office by certified mail, return receipt requested, or by a delivery service that provides a receipt evidencing delivery. To evaluate technical consistency with this subsection, the department shall have a 15-day review period following receipt of the application, which must run concurrently with the local government permitting process. 48

49 333.09(2)(a)2. Local Gov. process Provide the department with a copy of a complete application consistent with s (4). Provide the department with a copy of a complete application consistent with s (4). 49

50 FDOT Aviation and Spaceports Office Resource Documents 50

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53 Sample of HB 7061 & FS 333 Comparison Matrix (1)(a) In order to prevent the creation or establishment of airport hazards, Every political subdivision having an airport hazard area within its territorial limits shall, by October 1, 1977, adopt, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed in this section, airport protection zoning regulations for such airport hazard area. Every political subdivision having an airport hazard area within its territorial limits shall adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed in this section, airport protection zoning regulations for such airport hazard area. 53

54 F.S (1) & (2) FS (1) Any airport zoning regulation in effect on July 1, 2016, which includes provisions in conflict with this chapter shall be amended to conform to the requirements of this chapter by July 1, FS (2) Any political subdivision having an airport within its territorial limits which has not adopted airport zoning regulations shall, by July 1, 2017, adopt airport zoning regulations consistent with this chapter. 54

55 Comparison Matrix of HB 7061 and F.S. 333 (2016) HB 7061 FS 333 (revised) 55

56 Chapter 333, F.S. Table of Contents Definitions Airport hazards and uses of land in airport vicinities contrary to public interest Permit required for obstructions Requirement to adopt airport zoning regulations Comprehensive zoning regulations; most stringent to prevail where conflicts occur Procedure for adoption of airport zoning regulations Airport zoning regulation requirements Local government permitting of airspace obstructions Administration of airport protection zoning regulations Judicial review Acquisition of air rights Enforcement and remedies Transition provisions.

57 Florida Department of TRANSPORTATION F.S Definitions 57

58 Definitions. As used in For the purpose of this chapter, the term following words, terms, and phrases shall have the meanings herein given, unless otherwise specifically defined, or unless another intention clearly appears, or the context otherwise requires: Definitions. As used in this chapter, the term: 58

59 333.01(12)(7) "Obstruction" means any existing or proposed manmade object or object, of natural growth or terrain, or structure construction or alteration that exceeds violates the federal obstruction standards contained in 14 C.F.R. part 77, subpart C ss , 77.23, 77.25, 77.28, and The term includes: "Obstruction" means any existing or proposed object, terrain, or structure construction or alteration that exceeds the federal obstruction standards contained in 14 C.F.R. part 77, subpart C. The term includes: 59

60 333.01(12)(a) Any object of natural growth or terrain; Any object of natural growth or terrain; 60

61 333.01(12)(b) Permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus; or Permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus; or 61

62 333.01(12)(c) Alteration of any permanent or temporary existing structure by a change in the structure's height, including appurtenances, lateral dimensions, and equipment or materials used in the structure. Alteration of any permanent or temporary existing structure by a change in the structure's height, including appurtenances, lateral dimensions, and equipment or materials used in the structure. 62

63 333.01(2) "Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft and used utilized or to be used utilized in the interest of the public for such purpose. "Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft and used or to be used in the interest of the public for such purpose. 63

64 333.01(3) Airport hazard means an obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 C.F.R. ss , 77.23, 77.25, 77.28, and and which obstructs the airspace required for the flight of aircraft in taking off, maneuvering, or landing or is otherwise hazardous to such taking off, maneuvering, or landing of aircraft and for which no person has previously obtained a permit or variance pursuant to s or s Airport hazard means an obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities. 64

65 333.01(4) Airport hazard area means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter. Airport hazard area means any area of land or water upon which an airport hazard might be established. 65

66 66

67 333.01(1) Aeronautical study means a Federal Aviation Administration study, conducted in accordance with the standards of 14 C.F.R. part 77, subpart C, and Federal Aviation Administration policy and guidance, on the effect of proposed construction or alteration upon the operation of air navigation facilities and the safe and efficient use of navigable airspace. Aeronautics means transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities, and air instruction. Aeronautical study means a Federal Aviation Administration study, conducted in accordance with the standards of 14 C.F.R. part 77, subpart C, and Federal Aviation Administration policy and guidance, on the effect of proposed construction or alteration upon the operation of air navigation facilities and the safe and efficient use of navigable airspace. 67

68 333.01(8) Airport protection zoning regulations means airport zoning regulations governing airport hazards. Airport protection zoning regulations means airport zoning regulations governing airport hazards. 68

69 333.01(5) Airport land use compatibility zoning means airport zoning regulations governing restricting the use of land on, adjacent to, or in the immediate vicinity of airports in the manner enumerated in s (2) to activities and purposes compatible with the continuation of normal airport operations including landing and takeoff of aircraft in order to promote public health, safety, and general welfare. Airport land use compatibility zoning means airport zoning regulations governing the use of land on, adjacent to, or in the immediate vicinity of airports. 69

70 333.01(6) Airport layout plan means a set of scaled drawings that provide a graphic representation of the existing and future development plan for the airport and demonstrate the preservation and continuity of safety, utility, and efficiency of the airport detailed, scale engineering drawing, including pertinent dimensions, of an airport s current and planned facilities, their locations, and runway usage. Airport layout plan means a set of scaled drawings that provide a graphic representation of the existing and future development plan for the airport and demonstrate the preservation and continuity of safety, utility, and efficiency of the airport. 70

71 333.01(7) Airport master plan means a comprehensive plan of an airport which typically describes current and future plans for airport development designed to support existing and future aviation demand. Airport master plan means a comprehensive plan of an airport which typically describes current and future plans for airport development designed to support existing and future aviation demand. 71

72 333.01(9) "Department" means the Department of Transportation as created under s "Department" means the Department of Transportation as created under s

73 333.01(10) Educational facility means any structure, land, or use that includes a public or private kindergarten through 12th grade school, charter school, magnet school, college campus, or university campus. The term does not include space used for educational purposes within a multi-tenant building. Educational facility means any structure, land, or use that includes a public or private kindergarten through 12th grade school, charter school, magnet school, college campus, or university campus. The term does not include space used for educational purposes within a multi-tenant building. 73

74 333.01(11) Landfill has the same meaning as provided in s Landfill has the same meaning as provided in s

75 333.01(13)(8) Person means any individual, firm, copartnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. Person means any individual, firm, copartnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. 75

76 333.01(14)(9) Political subdivision means the local government of any county, municipality city, town, village, or other subdivision or agency thereof, or any district or special district, port commission, port authority, or other such agency authorized to establish or operate airports in the state. Political subdivision means the local government of any county, municipality, town, village, or other subdivision or agency thereof, or any district or special district, port commission, port authority, or other such agency authorized to establish or operate airports in the state. 76

77 333.01(15) Public-use airport means an airport, publicly or privately owned, licensed by the state, which is open for use by the public. Public-use airport means an airport, publicly or privately owned, licensed by the state, which is open for use by the public. 77

78 333.01(16)(10) Runway protection clear zone means an area at ground level beyond the runway end to enhance the safety and protection of people and property on the ground a runway clear zone as defined in 14 C.F.R. s (b). Runway protection zone means an area at ground level beyond the runway end to enhance the safety and protection of people and property on the ground. 78

79 333.01(17)(11) Structure means any object, constructed, erected, altered, or installed by humans, including, but not limited to without limitation thereof, buildings, towers, smokestacks, utility poles, power generation equipment, and overhead transmission lines. Structure means any object constructed, erected, altered, or installed, including, but not limited to, buildings, towers, smokestacks, utility poles, power generation equipment, and overhead transmission lines. 79

80 333.01(18) "Substantial modification" means any repair, reconstruction, rehabilitation, or improvement of a structure when the actual cost of the repair, reconstruction, rehabilitation, or improvement of the structure equals or exceeds 50 percent of the market value of the structure. "Substantial modification" means any repair, reconstruction, rehabilitation, or improvement of a structure when the actual cost of the repair, reconstruction, rehabilitation, or improvement of the structure equals or exceeds 50 percent of the market value of the structure. 80

81 333.01(12) Tree includes any plant of the vegetable kingdom. 81

82 FDOT AIRPORT ZONING PERMIT PROCEDURE 82

83 Permit required for obstructions structures exceeding federal obstruction standards. Permit required for obstructions. 83

84 (1) A person proposing the construction or alteration In order to prevent the erection of an obstruction must obtain a permit from the department structures dangerous to air navigation, subject to the provisions of subsections (2), (3), and (4), each person shall secure from the Department of Transportation a permit for the erection, alteration, or modification of any structure the result of which would exceed the federal obstruction standards as contained in 14 C.F.R. ss , 77.23, 77.25, 77.28, and However, permits from the department of Transportation will be required only within an airport hazard area where federal obstruction standards are exceeded and if the proposed construction or alteration is within a 10-nautical-mile radius of the airport reference point, located at the approximate geometric geographical center of all usable runways of a public-use airport or a publicly owned or operated airport, a military airport, or an airport licensed by the state for public use. A person proposing the construction or alteration of an obstruction must obtain a permit from the department, subject to subsections (2), (3), and (4). However, permits from the department will be required only within an airport hazard area where federal obstruction standards are exceeded and if the proposed construction or alteration is within a 10- nautical-mile radius of the airport reference point, located at the approximate geometric center of all usable runways of a public-use airport or military airport. 84

85 (2) Existing, planned, and proposed Affected airports will be considered as having those facilities on public-use airports contained in an which are shown on the airport master plan, in or an airport layout plan submitted to the Federal Aviation Administration, Airport District Office or in comparable military documents shall, and will be so protected from airport hazards. Planned or proposed public-use airports which are the subject of a notice or proposal submitted to the Federal Aviation Administration or to the Department of Transportation shall also be protected. Existing, planned, and proposed facilities on public-use airports contained in an airport master plan, in an airport layout plan submitted to the Federal Aviation Administration, or in comparable military documents shall be protected from airport hazards. 85

86 (3) A permit is not required for existing structures that requirements of subsection (1) shall not apply to projects which received construction permits from the Federal Communications Commission for structures exceeding federal obstruction standards before prior to May 20, 1975, provided such structures now exist; a permit is not required for nor shall it apply to previously approved structures now existing, or any necessary replacement or repairs to such existing structures if, so long as the height and location are is unchanged. A permit is not required for existing structures that received construction permits from the Federal Communications Commission for structures exceeding federal obstruction standards before May 20, 1975; a permit is not required for any necessary replacement or repairs to such existing structures if the height and location are unchanged. 86

87 (4) If When political subdivisions have, in compliance with this chapter, adopted adequate airport airspace protection zoning regulations, placed in compliance with s , and such regulations are on file with the department's aviation office, and established a permitting process Department of Transportation, a permit for the construction or alteration of an obstruction is such structure shall not be required from the department of Transportation. Upon receipt of a complete permit application, the local government shall provide a copy of the application to the department's aviation office by certified mail, return receipt requested, or by a delivery service that provides a receipt evidencing delivery. To evaluate technical consistency with this subsection, the department shall have a 15-day review period following receipt of the application, which must run concurrently with the local government permitting process. Cranes, construction equipment, and other temporary structures in use or in place for a period not to exceed 18 consecutive months are exempt from the department's review, unless such review is requested by the department. If political subdivisions have, in compliance with this chapter, adopted adequate airport protection zoning regulations, placed such regulations on file with the department's aviation office, and established a permitting process, a permit for the construction or alteration of an obstruction is not required from the department. Upon receipt of a complete permit application, the local government shall provide a copy of the application to the department's aviation office by certified mail, return receipt requested, or by a delivery service that provides a receipt evidencing delivery. To evaluate technical consistency with this subsection, the department shall have a 15-day review period following receipt of the application, which must run concurrently with the local government permitting process. Cranes, construction equipment, and other temporary structures in use or in place for a period not to exceed 18 consecutive months are exempt from the department's review, unless such review is requested by the department. 87

88 (5) The department of Transportation shall, within 30 days after of the receipt of an application for a permit, issue or deny a permit for the construction or erection, alteration, or modification of an obstruction any structure the result of which would exceed federal obstruction standards as contained in 14 C.F.R. ss , 77.23, 77.25, 77.28, and The department shall review permit applications in conformity with s The department shall, within 30 days after receipt of an application for a permit, issue or deny a permit for the construction or alteration of an obstruction. The department shall review permit applications in conformity with s

89 CRITERIA DOT SHALL CONSIDER FOR PERMIT 89

90 (6) In determining whether to issue or deny a permit, the department shall consider: In determining whether to issue or deny a permit, the department shall consider: 90

91 (6)(a) The safety of persons on the ground and in the air. The safety of persons on the ground and in the air. 91

92 (6)(b) The safe and efficient use of navigable airspace. The safe and efficient use of navigable airspace. 92

93 (6)(c ) The nature of the terrain and height of existing structures. The nature of the terrain and height of existing structures. 93

94 (6)(d) The effect of the construction or alteration of an obstruction on the state licensing standards for a public-use airport contained in chapter 330 and rules adopted thereunder. The effect of the construction or alteration of an obstruction on the state licensing standards for a public-use airport contained in chapter 330 and rules adopted thereunder. 94

95 (6)(e )(c ) The character of existing and planned flight flying operations and planned developments at publicuse of airports. The character of existing and planned flight operations and developments at publicuse airports. 95

96 (6)(f)(d) Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designated by the Federal Aviation Administration. Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designated by the Federal Aviation Administration. 96

97 (6)(g)(e) The effect of Whether the construction or alteration of an obstruction on the proposed structure would cause an increase in the minimum descent altitude or the decision height at the affected airport. The effect of the construction or alteration of an obstruction on the minimum descent altitude or the decision height at the affected airport. 97

98 (6)(h)(j) The cumulative effects on navigable airspace of all existing obstructions structures, proposed structures identified in the applicable jurisdictions comprehensive plans, and all other known proposed obstructions structures in the area. The cumulative effects on navigable airspace of all existing obstructions and all known proposed obstructions in the area. 98

99 (6)(b) Public and private interests and investments. 99

100 (6)(f) Technological advances. 100

101 (6)(g) The safety of persons on the ground and in the air. 101

102 (6)(h) Land use density. 102

103 (6)(i) The safe and efficient use of navigable airspace. 103

104 OTHER DOT PERMIT REQUIREMENTS 104

105 (7) When issuing a permit under this section, the department of Transportation shall, as a specific condition of such permit, require the owner obstruction marking and lighting of the obstruction to install, operate, and maintain, at the owner's expense, marking and lighting in conformance with the specific standards established by the Federal Aviation Administration permitted structure as provided in s (3)(b). When issuing a permit under this section, the department shall require the owner of the obstruction to install, operate, and maintain, at the owner's expense, marking and lighting in conformance with the specific standards established by the Federal Aviation Administration. 105

106 (8) The department may of Transportation shall not approve a permit for the construction or alteration erection of an obstruction a structure unless the applicant submits both documentation showing both compliance with the federal requirement for notification of proposed construction or alteration and a valid aeronautical study. A evaluation, and no permit may not shall be approved solely on the basis that the Federal Aviation Administration determined that the such proposed construction or alteration of an obstruction was not an airport hazard structure will not exceed federal obstruction standards as contained in 14 C.F.R. ss , 77.23, 77.25, 77.28, or 77.29, or any other federal aviation regulation. The department may not approve a permit for the construction or alteration of an obstruction unless the applicant submits documentation showing both compliance with the federal requirement for notification of proposed construction or alteration and a valid aeronautical study. A permit may not be approved solely on the basis that the Federal Aviation Administration determined that the proposed construction or alteration of an obstruction was not an airport hazard. 106

107 (9) The denial of a permit under this section is subject to administrative review pursuant to chapter 120. The denial of a permit under this section is subject to administrative review pursuant to chapter

108 333.03(1)(d) The department shall be available to provide assistance to political subdivisions regarding federal obstruction standards shall issue copies of the federal obstruction standards as contained in 14 C.F.R. ss , 77.23, 77.25, 77.28, and to each political subdivision having airport hazard areas and, in cooperation with political subdivisions, shall issue appropriate airport zoning maps depicting within each county the maximum allowable height of any structure or tree. Material distributed pursuant to this subsection shall be at no cost to authorized recipients. The department shall be available to provide assistance to political subdivisions regarding federal obstruction standards. 108

109 Political Subdivision Requirements For Airport Zoning Regulations 109

110 Requirement Power to adopt airport zoning regulations. Requirement to adopt airport zoning regulations. 110

111 Political Subdivision Zoning Regulation Requirements 111

112 333.03(1)(c) Airport protection zoning regulations adopted under paragraph (a) must shall, at as a minimum, require: Airport protection zoning regulations adopted under paragraph (a) must, at a minimum, require: 112

113 333.03(1)(c )1. A permit variance for the construction or erection, alteration, or modification of any obstruction structure which would cause the structure to exceed the federal obstruction standards as contained in 14 C.F.R. ss , 77.23, 77.25, 77.28, and 77.29; A permit for the construction or alteration of any obstruction; 113

114 333.03(1)(c )2. Obstruction marking and lighting for obstructions structures as specified in s (3); Obstruction marking and lighting for obstructions; 114

115 333.03(1)(c )3. Documentation showing compliance with the federal requirement for notification of proposed construction or alteration of structures and a valid aeronautical study evaluation submitted by each person applying for a permit variance; Documentation showing compliance with the federal requirement for notification of proposed construction or alteration of structures and a valid aeronautical study submitted by each person applying for a permit; 115

116 333.03(1)(c )4. Consideration of the criteria in s (6), when determining whether to issue or deny a permit variance; and Consideration of the criteria in s (6), when determining whether to issue or deny a permit; and 116

117 333.03(1)(c )5. That approval of a permit not be based no variance shall be approved solely on the determination by the Federal Aviation Administration basis that the such proposed structure is not an airport hazard will not exceed federal obstruction standards as contained in 14 C.F.R. ss , 77.23, 77.25, 77.28, or 77.29, or any other federal aviation regulation. That approval of a permit not be based solely on the determination by the Federal Aviation Administration that the proposed structure is not an airport hazard. 117

118 Land Use Compatibility Zoning Regulations 118

119 333.03(2) In the manner provided in subsection (1), political subdivisions shall adopt, administer, and enforce interim airport land use compatibility zoning regulations shall be adopted. Airport land use compatibility zoning When political subdivisions have adopted land development regulations shall, at a minimum, in accordance with the provisions of chapter 163 which address the use of land in the manner consistent with the provisions herein, adoption of airport land use compatibility regulations pursuant to this subsection shall not be required. Interim airport land use compatibility zoning regulations shall consider the following: In the manner provided in subsection (1), political subdivisions shall adopt, administer, and enforce airport land use compatibility zoning regulations. Airport land use compatibility zoning regulations shall, at a minimum, address the following: 119

120 333.03(2)(a) The prohibition of new landfills and the restriction of existing landfills Whether sanitary landfills are located within the following areas: The prohibition of new landfills and the restriction of existing landfills within the following areas: 120

121 333.03(2)(a)1. Within 10,000 feet from the nearest point of any runway used or planned to be used by turbine turbojet or turboprop aircraft. Within 10,000 feet from the nearest point of any runway used or planned to be used by turbine aircraft. 121

122 333.03(2)(a)2. Within 5,000 feet from the nearest point of any runway used only by only nonturbine piston-type aircraft. Within 5,000 feet from the nearest point of any runway used by only nonturbine aircraft. 122