EMERGENCY INFORMATION - To be displayed on a situational basis. Hidden otherwise.
Aviation Office
"Airport Hazard" means any structure, tree, or use of land which would exceed the federal obstruction standards contained in Part 14 C.F.R. ss. 77.17, 77.19, 77.21, and 77.23, and which obstructs the airspace required for or is otherwise hazardous to taking off, maneuvering, or landing of aircraft,and for which no person has previously obtained a permit or variance pursuant to s. 333.025 or s. 333.07.
"Airspace Obstruction" means any existing or proposed manmade object, vegetation, or terrain that exceeds the federal obstruction standards contained in Part 14 C.F.R. ss. 77.17, 77.19, 77.21, and 77.23.
In General
When planning to build or alter a structure in the state ofFlorida, one of the significant considerations must be the impact of the proposed or existing structure on the National Airspace System (NAS). This consideration is vitally important to Florida"'s public airports, and military aviation facilities, as well as navigational aids, and instrument approach flight procedures that serve them.
Oversight and control of impacts on the NAS is accomplished through a number of federal, state, and local regulations. Paragraphs below highlight the federal and local process, and discuss State of Florida regulations concerning airspace obstructions.
Federal Requirements
The Federal requirements that are related to airspace protection encompass two areas: a requirement to notify the Federal Aviation Administration (FAA) of any proposed construction or alteration of tall structures that exceed federal notification criteria, and the obstruction evaluation and airport airspace analysis process, designed to identify and quantify the impacts that the proposal may have on the NAS.
The federal notification criteria, as well as other information pertinent to the federal obstruction evaluation process can be found here.
STATE OF FLORIDA REQUIREMENTS
Florida Department of Transportation (FDOT) Airspace Obstruction Permit
Chapter 333, F.S., protects the National Airspace System overlying the State of Florida by requiring prevention of airport hazards and incompatible uses of land in the vicinity of military and public-use airports.
The statute also gives the FDOT Aviation Office the responsibility and authority to issue or deny an Airspace Obstruction Permit for construction or alteration of any proposed or existing structure within a 10-nautical-mile radius of the geographical center of a military or public-use aviation facility in the state if the proposal exceeds the federal obstruction standards.However, an FDOT Airspace Obstruction Permit is only required when an airport protection zoning ordinance has not been adopted by the local government in accordance with s. 333.03, F.S., or airport protection zoning measures have not been otherwise established through either a joint zoning board or an interlocal agreement with another local government in accordance with s.333.03, F.S. Therefore, if the county has an adopted airport protection zoning ordinance, however, the proposed structure is located in an incorporated municipality that has not, then a state airspace obstruction permit is required. The permitting authority does not revert to the county as one might think.
Toapply for a Airspace Obstruction Permit, the sponsor must submit an application to the FDOT Aviation Office in Tallahassee to the attention of the Airspace and Land Use Manager. Generally, if an FDOT Airspace Obstruction Permit is required, FDOT Aviation Office staff will send notification of such requirement via certified mail along with the Airspace Obstruction Permit application and a copy of Chapter 333, F.S. Once a complete application has been received, FDOT has 30 days to review the application and issue or deny the permit.
While reviewing an airspace obstruction permit, FDOT Aviation Office will (in accordance with s. 333.025, F.S.) consider the following:
- The nature of the terrain and height of existing structures
- Public and private interests and investments
- The character of flying operations and planned developments of airports
- Federal airways as designated by the Federal Aviation Administration
- Whether the construction of the proposed structure would cause an increase in the minimum descent altitude or the decision height at the affected airport
- Technological advances
- The safety of persons on the ground and in the air
- Land use density
- The safe and efficient use of navigable airspace
- The cumulative effects on navigable airspace of all existing structures, proposed structures identified in the applicable jurisdictions' comprehensive plans, and all other known proposed structures in the area
Marking and Lighting Requirements
Any marking and/or lighting of a structure that is determined to be an airspace obstruction and for which marking and lighting recommendations have been made by the FAA as a part of its aeronautical study determination in order to enhance pilot visual awareness of the structure's presence and location, are a mandatory requirement under Florida law. All airspace obstruction permits contain provisions which require obstruction marking and lighting. Advisory Circular 70/7460-1K, "Obstruction Marking and Lighting", describes the standards for marking and lighting of structures such as buildings, chimneys, antenna towers, cooling towers, storage tanks, supporting structures of overhead wires, etc and is available on FAA's OE/AAA web site listed above.
Local Variance foran Airspace Obstruction
Ch. 333, F.S. also provides the local governments having an airport hazard area within their jurisdictional limits with authority to adopt, administer, and enforce airport protection zoning in accordance with s. 333.03, F.S.. Every political subdivision having an airport hazard area within its jurisdictional limits should have enacted its own local airport protection zoning ordinance, consistent with the provisions of s. 333.03, F.S. by October 1, 1977. A copy of such ordinance and any updates thereto should have been placed on file with the FDOT Aviation Office in Tallahassee. In the case that the local government has adopted such zoning provisions, upon the receipt of a final FAA determination, the sponsor should seek a variance to the local airport protection zoning ordinance directly with the local government, and should forward a copy of the variance application to the FDOT Aviation Office in Tallahassee. FDOT Aviation Office has 45 days to provide comments on the proposal or waiver of that right to the sponsor and local authority considering the application for variance. It is the responsibility of the local government to incorporate FDOT's 45-day comment period into its local variance process.
FDOT Aviation Office Coordination
While the responsibility for filing notifications and permitting applications or variances rests with the project sponsor, the FDOT Aviation Office is available to provide additional guidance for projects that may impact the National Airspace System in Florida. Please direct your request to the FDOT Aviation Office, Airspace and Land Use Manager, 605 Suwannee Street, MS 46, Tallahassee, Florida 32399-0450, phone (850) 414-4500, fax (850) 414-4508.
Pertinent State Regulations and Guidance
The following state law and rule pertain to airspace protection matters in the State of Florida:
Chapter 333, F.S.Chapter 333, F.S., "Airport Zoning", establishes why airport hazards should be prevented, what constitutes such hazards, how the process should be implemented at the state and local level, and provides for penalties and remedies.
Rule 14-60, F.A.C. (152 KB in PDF)
Chapter 14-60, F.A.C. "Airport Licensing, Registration, & Airspace Protection", includes s 14-60.009 F.A.C., "Airspace Protection". See Advisory Note Florida #3, shown below, regarding the relationship of federal recommendations and state law with respect to marking and lighting.
Florida Airport Compatible Land Use Guidebook (2012)
The guidebook includes all of the pertinent information on federal, state, and local requirements, illustrates the permitting and variance processes, and includes best management planning practices for airport and airspace protection.
ADVISORY NOTES - FLORIDA
#1 The following is a sequence of events in the federal and state processes: By law, the Florida Department of Transportation will approve or deny, within 30-days of receipt, an application for an Airspace Obstruction Permit. However, FDOT Aviation Office policy dictates that such permit shall not be issued prior to the date that the FAA determination has become final, as listed on the FAA determination letter, in order to allow adequate time for any interested party to file a petition of the aeronautical determination with the FAA. Consequently, sponsors are encouraged to submit a FDOT Airspace Obstruction Permit application only after the FAA determination has become final (past the date listed on the determination) in order to coordinate timing requirements in both the federal and state processes. If an Airspace Obstruction Permit application is received within the timeframe that does not allow the FAA determination to become final, or does not provide adequate time for FDOT Aviation staff to review such application within the 30-day deadline following it becoming final, such application will be rejected by the office.
#2 Sequence of events in the state and local processes: In accordance with s.333.07(2), F.S., FDOT Aviation Office is allowed 45 days to provide comment or waive its right to comment on a sponsor's application for a variance from local airport zoning ordinance. Sponsors are required to submit a copy of their local application, in accordance with s. 333.07(2)(a), F.S. to FDOT concurrently with their submission to the local government authority. Local government review process for variance applications to airport zoning ordinances should incorporate this requirement in its procedures.
#3 Federal and state "marking and lighting" relationships: FAA remarks regarding marking and lighting of tall structures are generally advisory in nature. However, in the State of Florida, FAA marking and lighting recommendations are required by Rule 14-60, F.A.C.
