Chapter 5501:1-8 | Ohio Airport Protection Act

Rule 5501:1-8-02 | Jurisdiction of the office.

• Effective: October 31, 2019
• Promulgated Under: 119.03

(A) The director delegates the authority to implement the rules contained in this chapter of the Administrative Code to the administrator.

(B) The administrator shall have the authority and power, to:

(1) Reject, approve or disapprove applications for permits for a structure or object of natural growth located off-airport property, as set forth in this chapter.

(2) Order an aeronautical study of applications for permits.

(3) Direct the preparation of all documents, papers, and evidence necessary to enforce the statutes and rules of the office pursuant to section 4561.32 of the Revised Code.

Last updated November 18, 2024 at 9:29 AM

Supplemental Information

Authorized By: 4561.05 and 4561.32
Amplifies: 4561.021, 4561.32, 4561.34 and 4561.39
Five Year Review Date: 11/18/2029
Prior Effective Dates: 6/18/1992

Rule 5501:1-8-03 | Permit application process.

• Effective: October 31, 2019
• Promulgated Under: 119.03

(A) An applicant for a permit required by Chapter 4561. of the Revised Code shall file a completed "FAA Form 7460-1, Notice of Proposed Construction or Alteration, to the FAA."

(B) Pursuant to division (B) of section 4561.33 of the Revised Code, such submission shall not be less than thirty days nor more than two years prior to the planned date of commencement of installation or substantial change.

This submission period may be waived at the discretion of the administrator for unforseen emergencies.

(C) The FAA, upon conclusion of their review and determination, will forward the form and determination to the office for review.

(D) Upon receipt of a submitted and reviewed application from the FAA, the office shall review the application(s) to determine whether all required information has been submitted.

(E) If the application is incomplete or additional information is necessary, the administrator shall notify the applicant and give a reasonable amount of time to complete the application or submit requested materials.

Last updated November 18, 2024 at 9:29 AM

Supplemental Information

Authorized By: 4561.05 and 4561.32
Amplifies: 4561.33
Five Year Review Date: 11/18/2029
Prior Effective Dates: 7/10/1999

Rule 5501:1-8-04 | Aeronautical study.

• Effective: October 31, 2019
• Promulgated Under: 119.03

(A) When the application process is complete, the office shall conduct an independent aeronautical study for the purposes of determining if a permit will be granted or denied.

(B) The office shall make available a copy of the application and the conclusions of the aeronautical study to any interested parties, including, but not limited to, airport boards, municipal and county governments' officials, airport owners and operators.

(C) The office may withhold their final determinations until the FAA has completed its study.

Last updated November 18, 2024 at 9:29 AM

Supplemental Information

Authorized By: 4561.05 and 4561.32
Amplifies: 4561.32 and 4561.34
Five Year Review Date: 11/18/2029
Prior Effective Dates: 7/10/1999

Rule 5501:1-8-07 | Approval and denial of applications, modifications, and renewals.

• Effective: October 31, 2019
• Promulgated Under: 119.03

The office shall grant or deny a permit pursuant to section 4561.34 of the Revised Code. The terms and conditions will be specified pursuant to section 4561.35 of the Revised Code.

(A) An FAA objection, determination of a presumed hazard, or determination of hazard can be used as sufficient evidence for denial of a permit.

(B) The office shall issue a written notification to all impacted airports that have a commercial operating certificate or certificate issued by the FAA under 14 C.F.R. Part 139, as amended, and shall consider any written opinion submitted by an impacted airport. The office reserves the right to reject any recommendations of the FAA, impacted airport or other government body after final consideration of the application. However, the office shall state the reasons, in writing, for the determination in each case.

(C) If a permit is denied, the notice shall be sent by certified mail, return receipt requested and shall inform the applicant of their right to request a hearing pursuant to Chapter 119. of the Revised Code. Any request for a hearing must be filed with the administrator within thirty days of the receipt of the written notice. The office shall copy all impacted airports that have a commercial operating certificate or certificate issued by the FAA under 14 C.F.R. Part 139, as amended, on all permit denials.

(D) If a permit or permit with waiver is approved, it shall expire on the same date that the FAA's determination of no hazard expires. If the FAA grants an extension, the office shall also grant an extension for the same period of time.

(E) Upon the written request of the applicant, and if there are no changes to the approved permit or permit with waiver, the permit may be renewed in writing for an additional period of time at the discretion of the administrator.

(F) If there are changes or any amendments to the approved permit, a new application shall be submitted.

Last updated November 18, 2024 at 9:29 AM

Supplemental Information

Authorized By: 4561.05 and 4561.32
Amplifies: 4561.31, 4561.32, 4561.34 and 4561.35
Five Year Review Date: 11/18/2029

Rule 5501:1-8-08 | Abandonment of a permitted structure.

• Effective: October 31, 2019
• Promulgated Under: 119.03

In the event that a permitted structure is abandoned, the permit holder shall continue to maintain obstruction marking and lighting unless the structure is otherwise physically removed.

If the office receives notice that a permitted structure is abandoned, the office shall notify all impacted airports that have a commercial operating certificate or certificate issued by the FAA under 14 C.F.R. Part 139, as amended.

Last updated November 18, 2024 at 9:29 AM

Supplemental Information

Authorized By: 4561.05 and 4561.32
Amplifies: 4561.35
Five Year Review Date: 11/18/2029