(a)Unless a permit has been issued by the
department, a person 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 an
imaginary surface extending outward and upward at one (1) of the
following slopes:
(A)One hundred (100) to one (1) for a horizontal distance of
twenty thousand (20,000) feet from the nearest point of the
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 ten
thousand (10,000) feet from t
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(a) Unless a permit has been issued by the
department, a person 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 an
imaginary surface extending outward and upward at one (1) of the
following slopes:
(A) One hundred (100) to one (1) for a horizontal distance of
twenty thousand (20,000) feet from the nearest point of the
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 ten
thousand (10,000) feet from the nearest point of the nearest
runway of any public-use airport with its longest runway no
more than three thousand two hundred (3,200) feet in actual
length, excluding heliports.
(C) Twenty-five (25) to one (1) for a horizontal distance of five
thousand (5,000) feet from the nearest point of the nearest
landing and takeoff area of any public-use heliport.
(3) Any construction or alteration of traverse ways used, or to be
used, for the passage of mobile objects if the standards set forth
under subdivisions (1) and (2) would be exceeded, but only after
the heights of these traverse ways are increased by:
(A) Seventeen (17) feet for an interstate highway where
overcrossings 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 object that
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 not previously
mentioned, an amount equal to the height of the highest mobile
object that would normally traverse it.
(b) Unless:
(1) a permit for construction in a noise sensitive area has been
approved by the department;
(2) the holder of a permit for construction in a noise sensitive area
has filed a copy of the permit for construction in a noise sensitive
area with the county recorder of the county in which the structure
is located, as provided in subsection (d); and
(3) a certified copy of the recorded permit for construction in a
noise sensitive area, with the recording data from the county
recorder on the copy of the permit, has been received by the
department;
a person may not erect a building used for a noise sensitive purpose
within an area lying one thousand five hundred (1,500) feet on either
side of the centerline and the extended centerline of a runway for a
distance of one (1) nautical mile from the boundaries of any public use
airport.
(c) A person applying for a permit under subsection (a) must
provide notice, at the time of the filing of the application for a permit,
to the owner of a public use airport located within a five (5) nautical
mile radius surrounding the structure, regardless of county lines, 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 noise
sensitive area under subsection (b) must provide notice, at the time of
the filing of the application for a permit, to the owner of a public use
airport if the public use airport is located within a distance of one (1)
nautical mile from the boundary of the property that contains the
building used for a noise sensitive purpose.
(e) Notice under subsections (c) and (d) must be sent by certified or
registered mail, with return receipt requested, and must include the:
(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 the
structure;
(2) location of the structure, including a legal description;
(3) height of the structure; and
(4) Federal Aviation Administration aeronautical study number
assigned to the application, if applicable to the type of permit for
which notice is required.
(f) The applicant for a permit under subsection (b) shall record each
permit issued by the department in the office of the county recorder for
the county where the structure is located, not later than five (5)
business days after the department issues the permit. If a structure is
located in more than one (1) county, the county that contains the
majority of the structure is the county in which the permit must be
filed.
(g) A permit issued under subsection (b) is valid only after the
department receives a certified copy of the recorded permit with the
recording data from the county recorder of the county in which the
structure is located.
(h) A permit issued under subsection (b) must contain the following
statement:
"The permittee acknowledges for itself, its heirs, its successors,
and its assigns, that the real estate described in this permit
experiences or may experience significant levels of aircraft
operations, and that the permittee is erecting a building designed
for noise sensitive use upon the real estate, with the full
knowledge and acceptance of the aircraft operations as well as
any effects resulting from the aircraft operations.".
(i) An applicant for a permit under subsection (a) must provide
written evidence to the department that the structure being constructed
does not violate section 7 of this chapter with regard to an existing
public use airport, if a public use airport is located within a five (5)
nautical mile radius surrounding the structure that is the subject of the
permit.
(j) If:
(1) the applicant for a permit under subsection (a) submits with
the application a Determination of No Hazard to Air Navigation
issued by the Federal Aviation Administration to the applicant
with regard to the proposed construction or alteration; and
(2) the department does not deny the permit;
the Determination of No Hazard to Air Navigation is a permit under
this section, and a separate permit will not be issued by the department.
(k) The department shall not issue a permit under subsection (a) for
construction or alteration of an energy facility that will result in a
structure that is more than two hundred (200) feet above ground level
at its site unless the applicant for the permit submits to the department
documentation from the Military Aviation and Installation Assurance
Siting Clearinghouse indicating:
(1) that a formal review of the construction or alteration under 32
CFR 211.6 resulted in a determination that the construction or
alteration will not have an adverse impact on military operations
and readiness; or
(2) that:
(A) a formal review of the construction or alteration under 32
CFR 211.6 resulted in a determination that the proposed project
will have an adverse impact on military operations and
readiness; and
(B) the applicant has:
(i) resolved any identified adverse impact to the satisfaction
of the United States Department of Defense; or
(ii) entered into a mitigation agreement with the United States
Department of Defense to mitigate the adverse impact.