SECTIONS 21655-21660

21655.  Notwithstanding any other provision of law, if the proposedsite of any state building or other enclosure is within two miles,measured by air line, of that point on an airport runway, or runwayproposed by an airport master plan, which is nearest the site, thestate agency or office which proposes to construct the building orother enclosure shall, before acquiring title to property for the newstate building or other enclosure site or for an addition to apresent site, notify the Department of Transportation, in writing, ofthe proposed acquisition. The department shall investigate theproposed site and, within 30 working days after receipt of thenotice, shall submit to the state agency or office which proposes toconstruct the building or other enclosure a written report of theinvestigation and its recommendations concerning acquisition of thesite. If the report of the department does not favor acquisition of thesite, no state funds shall be expended for the acquisition of the newstate building or other enclosure site, or the expansion of thepresent site, or for the construction of the state building or otherenclosure, provided that the provisions of this section shall notaffect title to real property once it is acquired.21656.  No person shall erect or add to the height of any structurewithin the boundaries of this state which will result in a structurethat extends more than 500 feet above the ground on which suchstructure rests until a permit therefor has been issued for suchpurpose by the department. This section is not applicble to theconstruction of any structure if the Federal CommunicationsCommission is required to approve the height of the structure or ifthe height of the structure is required to be approved under theFederal Aviation Act of 1958 (Public Law 85-726; 72 Stat. 731).21657.  The department may refuse issuance of a permit under Section21656 if it determines that the erection of or addition to astructure would obstruct the airspace overlying the state so as tocreate an unsafe condition for the flight of aircraft. Any person denied a permit shall, upon request, be granted ahearing by the department to determine whether a permit shall beissued. The hearing shall be held pursuant to Chapter 5 (commencingwith Section 11500) of Part 1 of Division 3 of Title 2 of theGovernment Code.21658.  No public utility shall construct any pole, pole line,distribution or transmission tower, or tower line, or substationstructure in the vicinity of the exterior boundary of an aircraftlanding area of any airport open to public use, in a location withrespect to the airport and at a height so as to constitute anobstruction to air navigation, as an obstruction is defined inaccordance with Part 77 of the Federal Aviation Regulations, FederalAviation Administration, or any corresponding rules or regulations ofthe Federal Aviation Administration, unless the Federal AviationAdministration has determined that the pole, line, tower, orstructure does not constitute a hazard to air navigation. Thissection shall not apply to existing poles, lines, towers, orstructures or to the repair, replacement, or reconstruction thereofif the original height is not materially exceeded and this sectionshall not apply unless just compensation shall have first been paidto the public utility by the owner of any airport for any property orproperty rights which would be taken or damaged hereby.21659.  (a) No person shall construct or alter any structure orpermit any natural growth to grow at a height which exceeds theobstruction standards set forth in the regulations of the FederalAviation Administration relating to objects affecting navigableairspace contained in Title 14 of the Code of Federal Regulations,Part 77, Subpart C, unless a permit allowing the construction,alteration, or growth is issued by the department. (b) The permit is not required if the Federal AviationAdministration has determined that the construction, alteration, orgrowth does not constitute a hazard to air navigation or would notcreate an unsafe condition for air navigation. Subdivision (a) doesnot apply to a pole, pole line, distribution or transmission tower,or tower line or substation of a public utility. (c) Section 21658 is applicable to subdivision (b).21660.  The department may refuse issuance of a permit under Section21659 if it determines that the construction or alteration of thestructure or growth of the natural growth would constitute a hazardto air navigation or create an unsafe condition for air navigation. Any person denied a permit shall, upon request, be granted ahearing by the department to determine whether a permit shall beissued. The hearing shall be held pursuant to Chapter 5 (commencingwith Section 11500) of Part 1 of Division 3 of Title 2 of theGovernment Code.