§ 8-21-10-3.1 — Written authorization for installation or modification of structure within surface of public use airport; removal of structure

Indiana § 8-21-10-3.1

• Jurisdiction: Indiana
• Art. 21: AERONAUTICS
• Ch. 10: Regulation of Tall Structures

Text

1. (a) As used in this section, "structure" does
not mean a tower that is principally used for the attachment of radio
communications transmission or reception equipment if the tower and
its location:
(1) comply with all Federal Aviation Administration regulations;
(2) comply with section 3 of this chapter; and
(3) are approved by the local zoning board.
(b) As used in this section, "surface" means an airport's primary or
approach imaginary surface established by section 8 of this chapter.
(c) Before a person may:
(1) erect;
(2) install; or
(3) modify to add to the height of;
a structure within the surface of a public use airport, the person must
obtain a written authorization from the public use airport owner or
operator.
(d) The written authorization may contain terms and conditions to
ensure aviation safety that are considered necessary by the owner or
operator of the public use airport.
(e) A person who obtains written authorization shall strictly comply
with any terms and conditions required by the written authorization.
(f) The public use airport owner or operator may require the
immediate removal of a structure from a surface if:
(1) the person who obtains written authorization under subsection
(c) violates any part of the written authorization; or
(2) the person erecting, installing, or modifying the structure fails
to obtain written authorization under subsection (c) from the
owner or operator of the public use airport.
(g) Removal of a structure for violation of this section may be
immediate and does not require a hearing or notification of the
department. The public use airport owner or operator may enlist the aid
of law enforcement officers in effecting the removal of the structure.

Legislative History

As added by P.L.96-1998, SEC.2.