Indiana § 8-21-10-9 Waiver of strict compliance with obstruction standards

Indiana Statutes

§ 8-21-10-9 — Waiver of strict compliance with obstruction standards

Indiana § 8-21-10-9

Art. 21AERONAUTICS

Ch. 10Regulation of Tall Structures

This text of Indiana § 8-21-10-9 (Waiver of strict compliance with obstruction standards) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 8-21-10-9 (2026).

Text

The department may, in its discretion, waive strict compliance with the standards set forth in section 7 of this chapter based upon a clear and compelling showing by the applicant for a permit that:

(1)the proposed structure would be between five hundred (500) and one thousand (1,000) feet above ground level at its site and would not be located within two (2) statute miles of an interstate or major arterial highway, a major waterway, or a visual omni range (VOR) radial that supports a significant volume of visual flight rules (VFR) traffic;

(2)the proposed structure would be between five hundred (500) and one thousand (1,000) feet above ground level at its site and would not be located within two (2) statute miles of the centerline of any regularly used visual flight rules (VFR) transiti

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The department may, in its discretion, waive
strict compliance with the standards set forth in section 7 of this
chapter based upon a clear and compelling showing by the applicant
for a permit that:
(1) the proposed structure would be between five hundred (500)
and one thousand (1,000) feet above ground level at its site and
would not be located within two (2) statute miles of an interstate
or major arterial highway, a major waterway, or a visual omni
range (VOR) radial that supports a significant volume of visual
flight rules (VFR) traffic;
(2) the proposed structure would be between five hundred (500)
and one thousand (1,000) feet above ground level at its site and
would not be located within two (2) statute miles of the centerline
of any regularly used visual flight rules (VFR) transition route
between an airport and any radio navigation aid or any other
airport;
(3) the proposed structure would be located in an approved
antenna farm or would be shielded by another structure; or
(4) the proposed structure would not affect a planned or existing
primary instrument approach to a runway at an existing or
proposed public-use airport, and would not have a significant
effect on visual flight rule (VFR) operations.