CHAPTER 10. REGULATION OF TALL STRUCTURES
IC 8-21-10
Chapter 10. Regulation of Tall Structures
IC 8-21-10-1
Purpose
Sec. 1. The safety, welfare, and protection of persons and propertyin the air and on the ground and of the maintenance of electroniccommunication within this state requires that the navigable airspaceoverlying the state and the approaches to and the air traffic patternarea of any public-use airport in the state be maintained in anunobstructed condition for the safe flight of aircraft and the comfortand safety of the citizens of this state. To that end, the location andheight of structures and the use of land related to those structures andnear public-use airports is regulated.
As added by P.L.117-1983, SEC.1.
IC 8-21-10-2
Definitions
Sec. 2. As used in this chapter:
"Department" refers to the Indiana department of transportation.
"Noise sensitive purpose" means the use of a building or structureas a residence, school, church, child care facility, medical facility,retirement home, or nursing home.
"Permit" means a permit issued by the department under thischapter.
"Person" means any individual, firm, partnership, corporation,company, limited liability company, association, joint stockassociation, or body politic, including any trustee, receiver, assignee,or other similar representative.
"Public-use airport" means any area, site, or location, either onland, water, or upon any building, which is specifically adapted andmaintained for the landing and taking off of aircraft, and utilized orto be utilized in the interest of the public for such purposes. The termdoes not include:
(1) any private use airport or landing field; or
(2) any military airport solely occupied by any federal branchof government using that airport for military air purposes.
"Structure" means any object constructed or installed by manincluding, but not limited to, cranes, buildings, towers, smokestacks,electronic transmission or receiving towers, buildings used for anoise sensitive purpose, and antennae and overhead transmissionlines.
As added by P.L.117-1983, SEC.1. Amended by P.L.18-1990,SEC.164; P.L.8-1993, SEC.150; P.L.96-1998, SEC.1; P.L.54-2002,SEC.1.
IC 8-21-10-3
Permit requirements
Sec. 3. (a) Unless a permit has been issued by the department, aperson may not erect, alter, or add to the height of any structure
which falls within any one (1) of the following categories:
(1) Any construction or alteration of more than two hundred(200) feet above ground level at its site.
(2) Any construction or alteration of greater height than animaginary surface extending outward and upward at one (1) ofthe following slopes:
(A) One hundred (100) to one (1) for a horizontal distanceof twenty thousand (20,000) feet from the nearest point ofthe nearest runway of any public-use airport with at least one(1) runway more than three thousand two hundred (3, 200)feet in actual length, excluding heliports.
(B) Fifty (50) to one (1) for a horizontal distance of tenthousand (10,000) feet from the nearest point of the nearestrunway of any public-use airport with its longest runway nomore than three thousand two hundred (3, 200) feet in actuallength, excluding heliports.
(C) Twenty-five (25) to one (1) for a horizontal distance offive thousand (5,000) feet from the nearest point of thenearest landing and takeoff area of any public-use heliport.
(3) Any construction or alteration of traverse ways used, or tobe used, for the passage of mobile objects if the standards setforth under subdivisions (1) and (2) would be exceeded, butonly after the heights of these traverse ways are increased by:
(A) Seventeen (17) feet for an interstate highway whereovercrossings are designed for a minimum of seventeen (17)feet vertical distance.
(B) Fifteen (15) feet for any other public roadway.
(C) Ten (10) feet or the height of the highest mobile objectthat would normally traverse the road, whichever is greater,for a private road.
(D) Twenty-three (23) feet for a railroad.
(E) For a waterway or any other traversed way notpreviously mentioned, an amount equal to the height of thehighest mobile object that would normally traverse it.
(b) Unless:
(1) a permit for construction in a noise sensitive area has beenapproved by the department;
(2) the holder of a permit for construction in a noise sensitivearea has filed a copy of the permit for construction in a noisesensitive area with the county recorder of the county in whichthe structure is located, as provided in subsection (d); and
(3) a certified copy of the recorded permit for construction in anoise sensitive area, with the recording data from the countyrecorder on the copy of the permit, has been received by thedepartment;
a person may not erect a building used for a noise sensitive purposewithin an area lying one thousand five hundred (1,500) feet on eitherside of the centerline and the extended centerline of a runway for adistance of one (1) nautical mile from the boundaries of any publicuse airport. (c) A person applying for a permit under subsection (a) mustprovide notice, at the time of the filing of the application for apermit, to the owner of a public use airport located within a five (5)nautical mile radius surrounding the structure, regardless of countylines, if the structure that is the subject of the permit is:
(1) a new structure; or
(2) an existing structure to which additional height is added.
(d) A person applying for a permit for construction in a noisesensitive area under subsection (b) must provide notice, at the timeof the filing of the application for a permit, to the owner of a publicuse airport if the public use airport is located within a distance of one(1) nautical mile from the boundary of the property that contains thebuilding used for a noise sensitive purpose.
(e) Notice under subsections (c) and (d) must be sent by certifiedor registered mail, with return receipt requested, and must includethe:
(1) name, telephone number, and a contact person for the:
(A) applicant;
(B) department; and
(C) plan commission that has jurisdiction over the site of thestructure;
(2) location of the structure, including a legal description;
(3) height of the structure; and
(4) Federal Aviation Administration aeronautical study numberassigned to the application, if applicable to the type of permitfor which notice is required.
(f) The applicant for a permit under subsection (b) shall recordeach permit issued by the department in the office of the countyrecorder for the county where the structure is located, not later thanfive (5) business days after the department issues the permit. If astructure is located in more than one (1) county, the county thatcontains the majority of the structure is the county in which thepermit must be filed.
(g) A permit issued under subsection (b) is valid only after thedepartment receives a certified copy of the recorded permit with therecording data from the county recorder of the county in which thestructure is located.
(h) A permit issued under subsection (b) must contain thefollowing statement:
"The permittee acknowledges for itself, its heirs, its successors,and its assigns, that the real estate described in this permitexperiences or may experience significant levels of aircraftoperations, and that the permittee is erecting a buildingdesigned for noise sensitive use upon the real estate, with thefull knowledge and acceptance of the aircraft operations as wellas any effects resulting from the aircraft operations.".
(i) An applicant for a permit under subsection (a) must providewritten evidence to the department that the structure beingconstructed does not violate section 7 of this chapter with regard toan existing public use airport, if a public use airport is located within
a five (5) nautical mile radius surrounding the structure that is thesubject of the permit.
(j) Unless a denial of permit is issued by the department, aDetermination of No Hazard to Air Navigation from the FederalAviation Administration is a permit under this section, and a separatepermit will not be issued by the department.
As added by P.L.117-1983, SEC.1. Amended by P.L.54-2002, SEC.2.
IC 8-21-10-3.1
Written authorization for installation or modification of structurewithin surface of public use airport; removal of structure
Sec. 3.1. (a) As used in this section, "structure" does not mean atower that is principally used for the attachment of radiocommunications transmission or reception equipment if the towerand its location:
(1) comply with all Federal Aviation Administrationregulations;
(2) comply with section 3 of this chapter; and
(3) are approved by the local zoning board.
(b) As used in this section, "surface" means an airport's primaryor approach imaginary surface established by section 8 of thischapter.
(c) Before a person may:
(1) erect;
(2) install; or
(3) modify to add to the height of;
a structure within the surface of a public use airport, the person mustobtain a written authorization from the public use airport owner oroperator.
(d) The written authorization may contain terms and conditions toensure aviation safety that are considered necessary by the owner oroperator of the public use airport.
(e) A person who obtains written authorization shall strictlycomply with any terms and conditions required by the writtenauthorization.
(f) The public use airport owner or operator may require theimmediate removal of a structure from a surface if:
(1) the person who obtains written authorization undersubsection (c) violates any part of the written authorization; or
(2) the person erecting, installing, or modifying the structurefails to obtain written authorization under subsection (c) fromthe owner or operator of the public use airport.
(g) Removal of a structure for violation of this section may beimmediate and does not require a hearing or notification of thedepartment. The public use airport owner or operator may enlist theaid of law enforcement officers in effecting the removal of thestructure.
As added by P.L.96-1998, SEC.2.
IC 8-21-10-4 Permit application; forms
Sec. 4. Application for a permit shall be made on forms prescribedand furnished by the department or by filing a copy of the FederalAviation Administration's Form 7460-1, Notice of ProposedConstruction or Alteration, with the department.
As added by P.L.117-1983, SEC.1.
IC 8-21-10-5
Failure to file permit application; order to show cause
Sec. 5. In any instance where the department learns or hasreasonable grounds to believe that any person is erecting or addingto a structure that would be subject to this chapter, but concerningwhich no application for a permit has been filed, the department mayon its own motion issue an order to such person to appear before thedepartment and show cause why an application for a permit to erector add to the structure need not be obtained. A date for a hearing onthe order shall be set out in such order.
As added by P.L.117-1983, SEC.1.
IC 8-21-10-6
Investigation of permit application
Sec. 6. (a) Upon receiving an application for a permit, thedepartment shall make such investigation as may be necessary toproperly process the application under this chapter. The investigationshall be conducted so as to determine, in the opinion of thedepartment, if the proposed structure erected in the proposed locationwould have a substantial adverse effect upon the safe and efficientuse of the navigable airspace and would be a hazard to air navigationif constructed. The department may take into consideration findingsand recommendations of other governmental agencies or interestedpersons concerning the proposed structure; however, such findingsor recommendations are not binding on the department. Further, therequirements of this chapter do not supersede any other law.
(b) The department must consider an application for a permit fora period of sixty (60) days before making a final determination on thepermit if:
(1) a public use airport is located within a five (5) nautical mileradius surrounding the structure, regardless of county lines; and
(2) the structure that is the subject of the permit is:
(1) a new structure; or
(2) an existing structure to which additional height is added.
As added by P.L.117-1983, SEC.1. Amended by P.L.54-2002, SEC.3.
IC 8-21-10-7
Obstruction standards
Sec. 7. (a) This section applies to:
(1) an existing public use airport; and
(2) a public use heliport.
(b) If any of the obstruction standards set forth in this subsectionare exceeded, the proposed structure is presumed to have a
substantial adverse effect upon the safe and efficient use of thenavigable airspace and would be a hazard to air navigation ifconstructed. Except as provided in section 9 of this chapter, thedepartment shall not issue a permit for any proposed structure thatwould exceed any of the following obstruction standards:
(1) A height that is five hundred (500) feet above ground levelat the site of the object anywhere in the state.
(2) A height that is two hundred (200) feet above ground levelor above the established airport elevation, whichever is higher,within three (3) nautical miles of the established reference pointof a public-use airport, excluding heliports, and that heightincreases in the proportion of one hundred (100) feet for eachadditional nautical mile of distance from the airport up to amaximum of five hundred (500) feet.
(3) A height within a terminal obstacle clearance area, includingan initial approach segment, a departure area, and a circlingapproach area, as defined by federal law and regulations, whichwould result in the vertical distance between any point on theobject and an established minimum instrument flight altitudewithin that area or segment to be less than the required obstacleclearance.
(4) A height within an enroute obstacle clearance area, asdefined by federal law and regulations, including turn andtermination areas of a federal airway or approved off-airwayroute that would increase the minimum obstacle clearancealtitude.
(5) The surface of a takeoff and landing area of a public-useairport or heliport or any imaginary surface as established undersection 8 of this chapter. However, no part of the takeoff orlanding area itself will be considered to be an obstruction.
(c) Except for traverse ways on or near an airport with anoperative ground traffic control service, furnished by an air trafficcontrol tower or by the airport management and coordinated with theair traffic control service, the standards set forth above in subsection(b) apply to traverse ways used or to be used for the passage ofmobile objects only after the heights of these traverse ways areincreased by the following:
(1) Seventeen (17) feet for an interstate highway whereovercrossings are designed for a minimum of seventeen (17)feet vertical distance.
(2) Fifteen (15) feet for any other public roadway.
(3) Ten (10) feet or the height of the highest mobile object thatwould normally traverse the road, whichever is greater, for aprivate road.
(4) Twenty-three (23) feet for a railroad.
(5) For a waterway or any other traverse way not covered bysubdivisions (1) through (4), an amount equal to the height ofthe highest mobile object that would normally traverse it.
As added by P.L.117-1983, SEC.1. Amended by P.L.54-2002, SEC.4.
IC 8-21-10-8
Airport and heliport imaginary surfaces
Sec. 8. (a) The following airport imaginary surfaces areestablished with relation to any public-use airport and to eachrunway:
(1) Horizontal surface: a horizontal plane one hundred fifty(150) feet above the established airport elevation, the perimeterof which is constructed by swinging arcs of specified radii fromthe center of each end of the primary surface of each runway ofeach airport and connecting the adjacent arcs by lines tangentto those arcs. The radii of each arc is five thousand (5,000) feetfor all runways designated as utility or visual, and ten thousand(10,000) feet for all other runways.
(2) Conical surface: a surface extending outward and upwardfrom the periphery of the horizontal surface at a slope of twenty(20) to one (1) for a horizontal distance of four thousand(4,000) feet.
(3) Primary surface: a surface longitudinally centered on arunway. When the runway has a specially prepared hardsurface, the primary surface extends two hundred (200) feetbeyond each end of the runway, but when the runway has nospecially prepared hard surface, the primary surface ends ateach end of that runway. The width of a primary surface is thefollowing:
(A) Two hundred fifty (250) feet for utility runways havingonly visual approaches.
(B) Five hundred (500) feet for utility runways havingnonprecision instrument approaches.
(C) For other than utility runways, the width is thefollowing:
(i) Five hundred (500) feet for visual runways having onlyvisual approaches.
(ii) Five hundred (500) feet for nonprecision instrumentrunways having visibility minimums greater thanthree-fourths (3/4) of a statute mile.
(iii) One thousand (1,000) feet for a nonprecision instrumentrunway, having a nonprecision instrument approach withvisibility minimums as low as three-fourths (3/4) of a statutemile, and for precision instrument runways.
(4) Approach surface: a surface longitudinally centered on theextended runway centerline and extending outward and upwardfrom each end of the primary surface. An approach surface isapplied to each end of each runway based upon the type ofapproach available or planned for that runway end. Thefollowing also applies to the approach surface:
(A) The inner edge of the approach surface is the same widthas the primary surface and it expands uniformly to a widthof the following:
(i) One thousand two hundred fifty (1,250) feet for that endof a utility runway with only visual approaches. (ii) One thousand five hundred (1,500) feet for that end of arunway other than a utility runway with only visualapproaches.
(iii) Two thousand (2,000) feet for that end of a utilityrunway with a nonprecision instrument approach.
(iv) Three thousand five hundred (3,500) feet for that end ofa nonprecision instrument runway other than utility, havingvisibility minimums greater than three-fourths (3/4) of astatute mile.
(v) Four thousand (4,000) feet for that end of a nonprecisioninstrument runway, other than utility, having a nonprecisioninstrument approach with visibility minimums as low asthree-fourths (3/4) of a statute mile.
(vi) Sixteen thousand (16,000) feet for precision instrumentrunways.
(B) The approach surface extends for a horizontal distanceof the following:
(i) Five thousand (5,000) feet at a slope of twenty (20) to one(1) for all utility and visual runways.
(ii) Ten thousand (10,000) feet at a slope of thirty-four (34)to one (1) for all nonprecision instrument runways other thanutility.
(iii) Ten thousand (10,000) feet at a slope of fifty (50) to one(1) with an additional forty thousand (40,000) feet at a slopeof forty (40) to one (1) for all precision instrument runways.
(5) Transitional surfaces: these surfaces extend outward andupward at right angles to the runway centerline and the runwaycenterline extended at a slope of seven (7) to one (1) from thesides of the primary surface and from the sides of the approachsurfaces. Transitional surfaces for those portions of theprecision approach surface which project through and beyondthe limits of the conical surface, extend a distance of fivethousand (5,000) feet measured horizontally from the edge ofthe approach surface and at right angles to the runwaycenterline.
(b) As used in subsection (a) in establishing airport imaginarysurfaces:
"Nonprecision instrument runway" means a runway having anexisting instrument approach procedure utilizing air navigationfacilities with only horizontal guidance, or area type navigationequipment, for which a straight-in nonprecision instrument approachprocedure has been approved, or planned, and for which no precisionapproach facilities are planned, or indicated on a Federal AviationAdministration planning document.
"Precision instrument runway" means a runway having an existinginstrument approach procedure utilizing an instrument landingsystem (ILS), microwave landing system (MLS), or a precisionapproach radar (PAR). It also means a runway for which a precisionapproach system is planned and is so indicated by a Federal AviationAdministration approved airport layout plan or other planning
document.
"Utility runway" means a runway that is constructed for andintended to be used by propeller driven aircraft of twelve thousandfive hundred (12,500) pounds maximum gross weight or less.
"Visual runway" means a runway intended solely for theoperation of aircraft using visual approach procedures, with nostraight-in instrument approach procedure and no instrumentdesignation indicated on a Federal Aviation Administration approvedairport layout plan or any other planning document.
(c) The following heliport imaginary surfaces are established withrelation to any public-use heliport:
(1) Heliport primary surface: the area of the primary surfacecoincides in size and shape with the designated takeoff andlanding area of a heliport. This surface is a horizontal plane atthe elevation of the established heliport elevation.
(2) Heliport approach surface: the approach surface begins ateach end of the heliport primary surface with the same width asthe primary surface, and extends outward and upward for ahorizontal distance of four thousand (4,000) feet where itswidth is five hundred (500) feet. The slope of the approachsurface is eight (8) to one (1) for civil heliports.
(3) Heliport transitional surfaces: these surfaces extend outwardand upward from the lateral boundaries of the heliport primarysurface and from the approach surfaces at a slope of two (2) toone (1) for a distance of two hundred fifty (250) feet measuredhorizontally from the centerline of the primary and approachsurfaces.
As added by P.L.117-1983, SEC.1.
IC 8-21-10-9
Waiver of strict compliance with obstruction standards
Sec. 9. The department may, in its discretion, waive strictcompliance with the standards set forth in section 7 of this chapterbased upon a clear and compelling showing by the applicant for apermit that:
(1) the proposed structure would be between five hundred (500)and one thousand (1,000) feet above ground level at its site andwould not be located within two (2) statute miles of aninterstate or major arterial highway, a major waterway, or avisual omni range (VOR) radial that supports a significantvolume of visual flight rules (VFR) traffic;
(2) the proposed structure would be between five hundred (500)and one thousand (1,000) feet above ground level at its site andwould not be located within two (2) statute miles of thecenterline of any regularly used visual flight rules (VFR)transition route between an airport and any radio navigation aidor any other airport;
(3) the proposed structure would be located in an approvedantenna farm or would be shielded by another structure; or
(4) the proposed structure would not affect a planned or existing
primary instrument approach to a runway at an existing orproposed public-use airport, and would not have a significanteffect on visual flight rule (VFR) operations.
As added by P.L.117-1983, SEC.1.
IC 8-21-10-10
Permits; specification of obstruction markings, lighting, and otheridentification
Sec. 10. Every permit granted by the department shall specifywhat, if any, obstruction markers, markings, lighting, or otheridentification shall be installed on or in the vicinity of the structureas a condition to receiving the permit. Any visual identificationcharacteristics or lighting required by the department shall conformas much as practicable with the federal obstruction marking andlighting guidelines and standards.
As added by P.L.117-1983, SEC.1.
IC 8-21-10-11
Determination not to issue permit; notification of applicant;hearing
Sec. 11. (a) If the department determines that a permit should notbe issued under this chapter, the department shall notify the applicantin writing of its determination. The notification may be served bydelivering it personally to the applicant or by sending it by certifiedmail to the applicant at the address specified in the application.
(b) The determination shall become final fifteen (15) days afternotification is served unless the applicant, within such fifteen (15)day period, requests in writing that a hearing be held before thedepartment with reference to the application. All such hearings shallbe open to the public and shall be conducted under IC 4-21.5-3. Atthe hearing, the applicant has the burden to show cause why thedepartment should have granted the permit to erect the proposedstructure. Any interested person may appear and be heard either inperson or by counsel at such hearings and may present such evidenceand testimony as may be pertinent.
As added by P.L.117-1983, SEC.1. Amended by P.L.7-1987, SEC.14.
IC 8-21-10-12
Actions to prevent, restrain, correct, or abate violations
Sec. 12. In addition to any other remedy provided by law, thedepartment may institute in any court of general jurisdiction, anaction to prevent, restrain, correct, or abate any violation of thischapter or of any rules or orders the department issued or orderedunder this chapter. The court may grant such relief, by way ofinjunction, which may be mandatory, or otherwise, as may benecessary under this chapter and the applicable rules or orders of thedepartment issued under this chapter.
As added by P.L.117-1983, SEC.1.
IC 8-21-10-13 Application of chapter to existing structures
Sec. 13. This chapter does not apply to any structure that existedon April 1, 1957. Any permit that was issued by the departmentunder IC 8-21-7 (before its repeal on September 1, 1983) shall betreated after August 31, 1983, as though it had been issued under thischapter.
As added by P.L.117-1983, SEC.1. Amended by P.L.3-1990, SEC.35.
IC 8-21-10-14
Application of chapter to existing structures
Sec. 14. Except for the requirements of section 3.1 of this chapter,this chapter does not apply in respect to the location, relocation,erection, construction, reconstruction, change, alteration,maintenance, removal, use, or enlargement of any existing structures,except radio and television towers.
As added by P.L.117-1983, SEC.1. Amended by P.L.96-1998, SEC.3.
IC 8-21-10-15
Violations; offense
Sec. 15. A person who violates or fails to comply with this chaptercommits a Class A infraction. Each day that such a violation orfailure continues constitutes a separate offense.
As added by P.L.117-1983, SEC.1.