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FDOT Airspace Obstruction Brochure(296K in PDF)
Please follow the above link for FAA obstruction notification and Florida permitting summary information.

Airspace Obstruction
“Airspace Obstruction” or “Airport Hazard” means any structure, manmade or natural, or any use of land that would exceed federal obstruction standards and that would obstruct the airspace required for the flight of aircraft during takeoff, maneuvering, or landing or is determined otherwise to be hazardous to such takeoff, maneuvering, or landing, and for which a permit or variance has not been previously issued.

In General

When planning to build or modify a structure in >Florida, one of the considerations must be the impact of the structure on the national airspace system. This consideration is vitally important to >Florida’s public airports; military aviation facilities; navigational aids; and instrument approach flight procedures.

A number of federal, state, and local regulations exist to protect our airspace system. In the paragraphs below we discuss FAA and state of Florida regulations concerning airspace obstructions.

FAA notification

Federal law requires that the FAA must receive “prior notification” regarding construction or alteration of a structure, whether permanent or temporary, that meets specific criteria (see “Mandatory Notification” below).

Whether or not the proposed structure meets these criteria depends on its location in relation to an aviation facility, navigational aid, or instrument procedure ground track. These structures may include but are not limited to highways, roads, railroads, waterways, traverse ways (parking or rest areas), bridges, overpasses, high-mast light poles, utility poles, antenna towers, buildings, signs or billboards, fences or gates, plus temporary-use construction materials or equipment, including dirt piles and cranes, as well as natural growth, vegetation, and landscaping.

For addition information to persons proposing to erect or alter an object that may affect the navigable airspace, see Advisory Circular 70/7460-2K, “Proposed Construction or Alteration of Objects That May Affect the Navigable Airspace”, on the FAA’s Obstacle Evaluation / Airport Airspace Analysis (EO/AAA) web site.

If FAA notification is required, the project sponsor must submit FAA Form 7460-1, “Notice of Proposed Construction or Alteration,” electronically via FAA OE/AAA web site or submit hard copy documents to:

Express Processing Center
Federal Aviation Administration
Southwest Regional Office
Air Traffic Airspace Branch, ASW-520
2601 Meacham Boulevard
Fort Worth, TX  76137-0520.

Submitting the FAA Form 7460-1 to any other FAA address may significantly delay the FAA OE/AAA process.

Notification must be submitted at least 30 days before the earlier of two dates: the date the proposed construction or alteration is to begin, or the date an application for a construction permit is to be filed.

Notification to FAA for Large Projects

A large project, such as a power line or a road or maybe a bridge, includes the submittal of at least 12 or more study points. If the structure is a building, FAA will want the latitude and longitude for the corner of the building closest to the nearest public use runway, the latitude and longitude for all other corners, as well as the appropriate elevations, including a picture and or a diagram. In addition, file the highest height of any of the points and let the FAA build a worst case scenario.

If you are planning a large project in >Florida, consider contacting the FAA Southern Region Technician at 713-553-4542. He/She may provide guidance which will save you and the FAA time during the aeronautical study process. In addition, time and money spent on a good aviation consultant could benefit you greatly.

FAA OE/AAA Web Site

The FAA OE/AAA web site has become the single source for all OE/AAA case studies and information. You may view proposed, determined and circularized cases, as well as supplemental notices. FDOT highly recommends all airports sign up for automatic notification of circularized cases, since the FAA no longer provides these notices via US Postal Mail.

Once a username and password has been set up, submitting structures for analysis becomes very simple, especially if there are multiple structures. In addition, you may track the progress of your case studies by logging onto the FAA OE/AAA web site. You may also submit additional materials to the FAA electronically. All OE/ AAA related information and instructions are just a click away.

FAA supplemental notification

If the FAA advises that supplemental notice is required, the sponsor of the notice of construction or alteration is also required to submit a supplemental notice (FAA Form 7460-2, Part 1) to the FAA Southwest Regional Office in Fort Worth, Texas within 48 hours of the start of construction. Also, within five days after the construction or alteration reaches its greatest height, the sponsor must notify the FAA Southwest Regional Office using FAA Form 7460-2, Part 2.

FAA emergency notification

In the case of an emergency involving essential public services, public health, or public safety that requires immediate construction or alteration, the 30-day advance notice requirement does not apply. In such a case, the required notification may be sent by telephone (800-992-7433) or any expeditious means to the nearest FAA Flight Service Station. Within five days thereafter, the sponsor must submit a completed copy of FAA Form 7460-1 to the FAA Southwest Regional Office in Fort Worth, Texas.

FAA Notification for On-Airport Structures

For structures to be location on a public-use airport, the airport sponsor must notify the FAA’s Airports District Office ( ADO). For additional information pertaining to submitting on airport structures, please contact your Orlando Airports District Office representative at 407-812-6331.

FAA determinations

After receiving a notice of proposed construction or alteration, the FAA conducts an aeronautical study to determine the structure’s potential impact on the navigable airspace. That study results in an FAA determination of “hazard” or “no hazard,” and the FAA indicates whether or not the proposed construction exceeds the FAA’s standards. In some cases, the FAA determination is “no hazard” even though the structure exceeds the standards.

If the FAA indicates the proposed construction poses no hazard and does not exceed standards, then from the standpoint of airspace obstruction the sponsor is not required to obtain a permit from the state of Florida or from a local authority.

If, however, the proposed construction does exceed standards (even if it poses “no hazard”), then the sponsor must apply for a permit from the state or from a local authority if a local ordinance governs the matter.

A Note on FAA Determinations

FAA determinations are NOT AN APPROVAL OR A PERMIT. FAA does not have the authority to grant approval for the construction of any structure. This is the responsibility of state and local government. The state and local government also has the authority to deny a permit to construct any structure, even if the FAA has determined that the structure does not exceed any of the FAA’s regulations, rules or guidelines.

Keep in mind; FAA determinations are a result of analysis of the proposed structure’s effect on navigable airspace. FAA does not have the authority to stop any construction, as long as the sponsor has properly notified the FAA under the provision of 14 C.F.R., Part 77, “Objects Affecting Navigable Airspace”. Even if a structure has been determined to be a hazard to air navigation, if approved by the local government the structure can still be build.

It is imperative for every airport manager to understand their local airport zoning ordinance and which department is responsible for its enforcement. In addition, every airport manager should also verify that the FAA has the most current runway endpoint data (Including planned runways and runway extensions). Every OE/AAA case study depends on the accuracy of this data.

In the Fall Florida Flyer we will discuss the Florida Airspace Obstruction Permit and FDOT’s permitting process.

FAA Notification

According to Federal Aviation Regulations Part 77.13, “Objects Affecting Navigable Airspace”, notification to the FAA is mandatory for any construction or alteration (permanent or temporary) under the following criteria:

1.Any structure more than 200 feet above ground level (200 ft AGL) at its site.

2.Any structure that is near an aviation facility and that penetrates an imaginary obstacle surface extending outward and upward at one of several criteria listed in FAR, Part 77.

3.Any highway, railroad, or other traverse way for mobile objects, of a height which, if adjusted upward by amounts listed in FAR, Part 77, would exceed standard 1 or 2 above.

4.Any structure located directly on a public-use aviation facility property, including any facility that is currently existing, planned, proposed, or under construction.

5.Any structure that is located in an instrument approach area and available information indicates it might exceed federal obstruction standards, if specifically requested by the FAA.

STATE OF FLORIDA REQUIREMENTS

FDOT Airspace Obstruction Permit

Florida law protects the national airspace in Florida by preventing airport hazards and by preventing inappropriate uses of land near military and public-use airports.

Florida law also gives the FDOT the responsibility and authority to issue an airspace obstruction permit for any proposed structure within a 10-nautical mile radius of the geographical center of a military or public-use aviation facility in >Florida if the proposed structure exceeds the federal obstruction standards.

However, an FDOT airspace obstruction permit is only required when an airport zoning ordinance has not been adopted by the local government and they (local government) have not executed an interlocal agreement with the county that has adopted an airport zoning ordinance. So, if the county has adopted an airport 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.

To apply for a Florida Department of Transportation (FDOT) airspace obstruction permit, the sponsor must submit an application to the FDOT Aviation Office in Tallahassee. Most likely, if you require a state airspace obstruction permit, FDOT will send notification along with the airspace obstruction permit application and a copy of Chapter 333, “Airport Zoning”, Florida Statutes. Once a complete application has been received, FDOT has 30 days to issue or deny the permit.

While reviewing an airspace obstruction permit, FDOT must consider:

• 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 considered an airspace obstruction—and that has been recommended by the FAA in its aeronautical study in order to enhance pilot visual awareness of the structure’s presence and location—is made a mandatory requirement to be included on the structure by 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 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 below.

Local Variance for an Airspace Obstruction

State law also provides for airspace obstruction permitting to transfer to the jurisdiction of each county or local, incorporated municipality. By Florida law, every applicable political subdivision should have enacted its own local ordinance, consistent with the provisions of Chapter 333, Florida Statutes, by October 1, 1977 . Additionally, a copy of such ordinance should have been placed on file with the FDOT Aviation Office in >Tallahassee. In such case and after receiving the FAA determination, the sponsor applies for variance to the local ordinance directly to the local authority and sends a copy to the FDOT Aviation Office in Tallahassee. Within 45 days the FDOT Aviation Office may provide comments or waiver of that right to the sponsor and local authority considering the application for variance. It is the responsibility of local government to incorporate FDOT’s 45 day comment period as part of the 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.

FEDERAL, STATE AND LOCAL REGULATIONS

Federal, state, and local regulations exist to protect the national airspace system that must be considered when planning and implementing construction that may adversely impact military or public-use aviation facilities (airplane, seaplane or helicopter facilities), navigational aids, and instrument approach flight procedures located in Florida.

FAA Federal Aviation Regulations Part 77
Title 14, Code of Federal Regulations (CFR), Federal Aviation Regulations (FAR), Part 77, “Objects Affecting Navigable Airspace”; establishes standards for determining obstructions in navigable airspace; sets forth the requirements for notice to the FAA of certain proposed construction or alteration; provides for aeronautical studies of obstructions to air navigation, to determine their effect on the safe and efficient use of airspace; provides for public hearings on the hazardous effect of proposed construction or alteration on air navigation; and provides for establishing antenna farm areas.

Florida Statutes, Chapter 333
Chapter 333, Florida Statutes, “Airport Zoning”, includes definitions; airport hazards and uses of land in airport vicinities contrary to public interest; permit required for structures exceeding federal obstruction standards; power to adopt airport zoning regulations; comprehensive zoning regulations; procedure for adoption of zoning regulations; airport zoning requirements; guidelines regarding land use near airports; permits and variances; appeals; administration of airport zoning regulations; board of adjustment; judicial review; acquisition of air rights; and enforcement and remedies.

Florida Administrative Code, Chapter 14-60 (152 KB in PDF)
Chapter 14-60, Florida Administrative Code (FAC), “Airport Licensing, Registration, & Airspace Protection”, includes Section 14-60.009, “Airspace Protection and Obstruction Marking and Lighting”. See Advisory Note – >Florida #3, shown below, regarding the relationship of federal recommendations and state law with respect to “marking and lighting”.

County and Local Airport Zoning Ordinances
The above link to the Municipal Code Corporation internet website provides a free online resource of Airport Zoning Ordinances for many counties and incorporated municipalities within the State of Florida.

FAA FORMS AND REPORTS

Forms submitted to the FAA by the sponsor of any proposed construction or alteration of structures that exceeds the FAA notification criteria, as stated in FAR Part 77.13:

FAA Form 7460-1 Notice of Proposed Construction or Alteration
FAA Form 7460-2 Notice of Proposed Construction or Alteration – Supplemental
FAA Form 7480-1 Notice of Landing Area Proposal (Applicable to Airport Sites – Only)

Reports and pre-formatted correspondence submitted by the FAA in response to sponsor’s notification of proposed construction or alteration of a structure:

Receipt (REC)
FAA’s acknowledgement of receipt of sponsor’s notification; confirms location, coordinates, and heights of structure; assigns an FAA Aeronautical Study Number and point of contact; “This is Not a Determination”.

Public Notice (CIR)
FAA’s advisory circularization notice to the aviation public identifying a sponsor’s proposed structure and requesting comments in response by a set date for a structure that exceeds federal obstruction standards

Notice of Presumed Hazard (NPH)
FAA’s notice to a sponsor of a structure that the proposal, as submitted, would exceed federal obstruction standards and/or would have adverse physical or electromagnetic interference on navigable airspace or air navigation facilities; provides alternative location and/or height and a 60-day deadline to respond; does not authorize construction, even at any alternative, without a subsequent, favorable FAA determination.

Determination of Hazard (DOH)
FAA’s notice to a sponsor of a proposed structure that a completed Aeronautical Study has revealed that the structure, as submitted, would have a substantial, adverse effect on the safe and efficient use of the navigable airspace by aircraft and/or on the operation of air navigation facilities; provides a date by which a petition for review by FAA may be filed; provides a date by which the determination is considered “final”, unless a petition has been timely filed; the status is “not final” until resolution of the petitioned review.

Determination of No Hazard (DNH / DNE / EBO)
FAA’s notice to a sponsor of a proposed structure that a completed Aeronautical Study has revealed that the structure, as submitted, would have no substantial, adverse effect on the safe and efficient use of the navigable airspace by aircraft and/or on the operation of air navigation facilities. Three specific types of:

DNH – Although the proposed structure does not constitute a hazard, it has been found to exceed federal obstruction standards; provides a date for to file comments with the FAA regarding this structure; provides a subsequent date by which the DNH “Determination No Hazard” becomes “final”; provides an ultimate date by which the determination expires unless extended; provides recommended “lighting and marking”, in accordance with FAA Advisory Circular AC-70/7460-1K; CAUTION - may or may not include review of required, temporary construction equipment that may be used during actual construction of the structure.

DNE – Advises that the structure does not constitute a hazard because the proposal at the location and height specified “Does Not Exceed” federal obstruction standards; may provide an expiration date; may provide recommended “lighting and marking”.

EBO – Advises that proposed structure has been found to exceed federal obstruction standards but it would not be a hazard to air navigation, “Exceeds But Okay”; may provide specific, required compliance conditions; may provide an expiration date; may provide recommended “lighting and marking”.

Extension (EXT)
FAA’s response to a sponsor’s request for an extension of the effective period of a prior determination; decision is based on updated, current, and future data regarding aeronautical operations in the area of the structure; if approved, provides a new expiration date; may deny subsequent extension requests.

Marking and Lighting (M&L)
FAA’s response to a sponsor’s request to change the “marking and lighting” recommended by the FAA in a prior determination; if approved, the sponsor will be required to provide written notification to FAA and National Aeronautical Charting Office (NACO) when the new lighting system is installed and operational. All “lighting and marking” recommendations are in accordance with Advisory Circular AC-70/7460-1K.

ADVISORY NOTES - FAA
#1 FAA determinations are advisory and do not constitute “Approval” to construct the proposed structure:
“This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to law, ordinances, or regulation of any Federal, State, or local government body.” - Statement included by FAA within the body of its determinations.

#2 FAA determination expiration dates may be subject to the Federal Communications Commission:
“This determination expires on (date) unless … the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case the determination expires on the date prescribed by the FCC for the completion of construction or the date the FCC denies the application.”
- Statement included by FAA within the body of its determinations.

ADVISORY NOTES - FLORIDA
#1 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 Policy requires that such permit will not be issued prior to the date that the FAA determination has become “final” to allow adequate time for any interested party to file a “petition” with the FAA. Consequently, sponsors are encouraged to submit FDOT Airspace Obstruction Permit application only after the FAA determination has been issued in order to facilitate timing requirements in both the federal and state processes.

#2 Sequence of events in the state and local processes:
By law, the Florida Department of Transportation is allowed 45 days to provide comment or waive its right to comment on a sponsor’s application for “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” are advisory recommendations, in nature. However, FAA “marking and lighting” recommendations, unless more stringent requirements are imposed by state, county, or local government, are imposed by law in Chapter 14-60, Florida Administrative Code.

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