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Virginia Administrative Code
Title 24. Transportation And Motor Vehicles
Agency 5. Virginia Aviation Board
Chapter 20. Regulations Governing the Licensing and Operation of Airports and Aircraft and Obstructions to Airspace in the Commonwealth of Virginia
10/24/2021

24VAC5-20-210. Obstruction permit procedure.

A. This process shall not be applicable in those counties, cities, and towns that have satisfied the local ordinance provisions of § 15.2-2294 of the Code of Virginia.

B. A person seeking an obstruction permit from the board, as required by § 5.1-25.1 of the Code of Virginia, pertaining to structures hazardous to air navigation shall provide to the department a copy of Federal Aviation Administration Form 7460-1 Notice of Proposed Construction or Alternation submitted to the Federal Aviation Administration and a copy of the response from the Federal Aviation Administration when available.

C. Upon receipt of a request, the department shall (i) conduct an analysis of the request using the criteria in 24VAC5-20-190 and 24VAC5-20-200 within 120 days from the date of receipt, unless it advises the applicant that the analysis will require additional time; (ii) supply the applicant with available information pertaining to the obstruction analysis and the date and location of the board meeting at which the request will be presented to the board; and (iii) forward to the board its analysis in the form of a staff report with the recommendations regarding the permit request.

D. The board shall consider a permit request at the next regularly scheduled meeting following the completion of the department staff report. Its consideration may include, but is not limited to, the department's staff report, verbal and written testimony of the applicant, analysis by the Federal Aviation Administration, and comments from the local jurisdiction or jurisdictions where the structure is to be located. All decisions issued by the board shall be issued in writing stating the reasons for same. An affirmative decision may be accompanied by conditions deemed appropriate by the board including, but not limited to, obstruction marking, lighting, and similar safety features.

E. The applicant, if given an affirmative decision by the board, shall not be relieved by that decision of local, state, or federal requirements as to zoning, building, variance, or other permits as may be required.

Statutory Authority

§§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.

Historical Notes

Derived from VR165-01-02:1 § 4.3, eff. September 9, 1992; amended, Virginia Register Volume 30, Issue 4, eff. November 20, 2013.

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