Part IV. Obstructions to Airspace
24VAC5-20-190. Determination of hazard.
The airport sponsor shall be responsible for insuring that an aeronautical study is conducted when needed to satisfy the requirements of this regulation to determine the effect of a structure, either man-made or natural, that penetrates the approach surfaces or runway object free area upon the safe and efficient operation of a licensed, military, or government air navigation facility or airport. This determination shall be made based on criteria as defined by 24VAC5-20-200. If a structure constitutes an obstruction in accordance with these criteria, it shall be presumed to be a hazard until determined otherwise by the board.
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 § 4.1, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.
24VAC5-20-200. Obstruction criteria.
A study required by this chapter shall consider, but not be limited to, at least the following factors: (i) Federal Aviation Regulations 14 CFR 77.25, 14 CFR 77.28, and 14 CFR 77.29; (ii) airport traffic patterns; (iii) Instrument Flight Rules (IFR) airways and routes; (iv) Visual Flight Rules (VFR) routes and designated practice areas; (v) terminal airspace; and (vi) instrument approach procedures.
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 § 4.2, eff. September 9, 1992; amended, Virginia Register Volume 30, Issue 4, eff. November 20, 2013.
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.
24VAC5-20-220. Model airport safety zoning ordinance.
A county, city, or town in the Commonwealth seeking to comply with the mandate of § 15.2-2294 of the Code of Virginia to enact local obstruction ordinances shall abide by the following:
1. The Model Airport Safety Zoning Ordinance developed by the department shall be used as a guide by localities. A copy of the model ordinance is found in Appendix A (24VAC5-20-400) of this chapter.
2. The provisions of a locally adopted ordinance shall be in substantial conformity with the Model Airport Safety Zoning Ordinance. Substantial conformity shall include, but not be limited to, protection of airspace from intrusions as described in Articles 3, 4, and 7 of the model.
3. The department may, at the request of a local governing body, review an ordinance submitted prior to adoption by a locality. In conducting its review, the department shall make an evaluation regarding the integrity of an ordinance with respect to the requisites of the Model Airport Safety Zoning Ordinance. The review of the department may include, but not be limited to, the evaluation with respect to the model ordinance, comments of the locality, and its opinion concerning the expected effectiveness of the ordinance as it relates to the general intent of § 15.2-2294 of the Code of Virginia.
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 § 4.4, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.