The Ohio Airport Protection Act protects the airspace around public use airports. Airport sponsors, local government officials, zoning and building departments, and contractors should be aware of the federal and state notification and permit requirements when construction is proposed on or near airports that are open to the public in Ohio.
14 C.F.R. Part 77 - Objects Affecting Navigable Airspace, outline the specific criteria for Federal Aviation Administration (FAA) notification. The Ohio Administrative Code Chapter 5501:1 outlines the state filing and permitting requirements.
Required permits and notification
The FAA Form 7460-1, "Notice of Proposed Construction or Alteration," is used for Federal Aviation Administration (FAA) notification. This must be filed electronically or by regular mail with the FAA.
Click the green LAUNCH button on this page to be directed to the FAA application website. Look for "Click here for instructions on how to E-file your proposal with the FAA" and follow the steps provided.
Additionally, a permit from the Ohio Department of Transportation's Office of Aviation must be obtained prior to the start of any construction on or near airports in Ohio that are open to the public. Filing the 7460-1 with the FAA above fulfills the state permit application requirements as set forth in the Ohio Administrative Code, Section 5501:1.
The FAA Form 7460-1 must be filed for any construction or alteration of more than 200 feet in height. Additionally, any construction or alteration extending outward and upward in excess of one of the following slopes requires filing:
- 100 to 1 slope for a horizontal distance of 20,000 feet from the nearest public use runway greater than 3,200 feet in length, excluding heliports.
- 50 to 1 slope for a horizontal distance of 10,000 feet from the nearest public use runway less than 3,200 feet in length, excluding heliports.
- 25 to 1 slope for a horizontal distance of 5,000 feet from the nearest landing and takeoff area of a public use heliport.
After forms are submitted
Once the Form 7460-1 has been submitted to FAA, the Ohio Department of Transportation's Office of Aviation will receive an electronic copy of the 7460-1 from the FAA. The Office of Aviation will evaluate the proposed structure and determine whether or not it is in compliance with the standards set forth in 14 C.F.R Part 77 and the Ohio Revised Code.
If it is determined that the proposed construction is not in compliance with the standards set forth in 14 C.F.R. Part 77, the Office of Aviation will issue a letter of denial. The letter will identify the reason a permit cannot be issued and a revised height that would prevent penetration into the 14 C.F.R. Part 77 airspace. In most cases, the Office of Aviation can approve a structure at a reduced height or revised location that complies with the standards set forth in 14 C.F.R. Part 77 and issue a permit. The FAA’s determination does not relieve the sponsor of compliance with any law, ordinance, or regulation of any federal, state, or local government body.