Section 422-B:2 – Definitions.
422-B:2 Definitions. – As used in this chapter, unless the context otherwise requires: I. "Airport" means any area, of land or water, except a restricted landing area, which is designed for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft or for receiving […]
Section 422-B:3 – Limitation on Structure.
422-B:3 Limitation on Structure. – I. Except as provided in paragraph II, until a permit therefor has been issued by the department, no person shall erect, add to the height of or replace any structure within the areas described in paragraph II of this section which will result in a structure higher than that […]
Section 422-B:4 – Permits.
422-B:4 Permits. – No permit shall be issued to erect, add to or replace any structure which will extend more than 1,000 feet above the highest point of land within a one-mile radius from the location of the structure, except as hereinafter provided, nor shall any person erect, add to or replace any structure […]
Section 422-B:5 – Application.
422-B:5 Application. – It is not necessary that ownership of, option for, or other possessory right to a specific location site be held by the applicant before application for a permit is filed with the department, but any permit granted by the department shall, among other things, state the specific location and also the […]
Section 422-B:6 – Conditions.
422-B:6 Conditions. – Every permit granted shall also specify what, if any, obstruction markers, markings, lighting or other visual or aural identification shall be installed on or in the vicinity of the structure. Such identification characteristics required shall conform to federal laws and regulations where applicable. Source. 1959, 118:1, eff. May 25, 1959.
Section 422-B:7 – Investigations.
422-B:7 Investigations. – Upon receiving an application for a permit, the department shall make such investigation as may be necessary to process the application properly hereunder. If, upon such investigation, the department determines that a permit should not issue or that the height or location should be other than as applied for, the department […]
Section 422-B:8 – Marking Structures.
422-B:8 Marking Structures. – Any structure which obstructs the air space more than 170 feet above the ground or water level when determined by the department to be a hazard or a potential hazard to the safe flight of aircraft shall be plainly marked, illuminated, painted, lighted or designated in a manner to be […]
Section 422-B:9 – Notice of Determination.
422-B:9 Notice of Determination. – When the department determines that a structure is a hazard or a potential hazard to air navigation within the meaning of this chapter, it shall notify the owner of the land on which the structure is located or the owner or operator of the structure. The notice shall be […]