§ 8-21-10-6 — Investigation of permit application

(a) Upon receiving an application for a permit,
the department shall make such investigation as may be necessary to
properly process the application under this chapter. The investigation
shall be conducted so as to determine, in the opinion of the department,
if the proposed structure erected in the proposed location would have
a substantial adverse effect upon the safe and efficient use of the
navigable airspace and would be a hazard to air navigation if
constructed. The department may take into consideration findings and
recommendations of other governmental agencies or interested persons
concerning the proposed structure; however, such findings or
recommendations are not binding on the department. Further, the
requirements of this chapter do not supersede any other law.
(b) The department must consider an application for a permit for a
period of sixty (60) days before making a final determination on the
permit if:
(1) a public use airport is located within a five (5) nautical mile
radius surrounding the structure, regardless of county lines; and
(2) the structure that is the subject of the permit is:
(A) a new structure; or
(B) an existing structure to which additional height is added.

Legislative History

As added by P.L.117-1983, SEC.1. Amended by P.L.54-2002, SEC.3; P.L.42-2011, SEC.21.