CHAPTER 10. REGULATION OF TALL STRUCTURES
IC 8-21-10
Chapter 10. Regulation of Tall Structures
IC 8-21-10-1
Purpose
Sec. 1. The safety, welfare, and protection of persons and property
in the air and on the ground and of the maintenance of electronic
communication within this state requires that the navigable airspace
overlying the state and the approaches to and the air traffic pattern
area of any public-use airport in the state be maintained in an
unobstructed condition for the safe flight of aircraft and the comfort
and safety of the citizens of this state. To that end, the location and
height of structures and the use of land related to those structures and
near public-use airports is regulated.
As added by P.L.117-1983, SEC.1.
IC 8-21-10-2
Definitions
Sec. 2. As used in this chapter:
"Department" refers to the Indiana department of transportation.
"Noise sensitive purpose" means the use of a building or structure
as a residence, school, church, child care facility, medical facility,
retirement home, or nursing home.
"Permit" means a permit issued by the department under this
chapter.
"Person" means any individual, firm, partnership, corporation,
company, limited liability company, association, joint stock
association, or body politic, including any trustee, receiver, assignee,
or other similar representative.
"Public-use airport" means any area, site, or location, either on
land, water, or upon any building, which is specifically adapted and
maintained for the landing and taking off of aircraft, and utilized or
to be utilized in the interest of the public for such purposes. The term
does not include:
(1) any private use airport or landing field; or
(2) any military airport solely occupied by any federal branch
of government using that airport for military air purposes.
"Structure" means any object constructed or installed by man
including, but not limited to, cranes, buildings, towers, smokestacks,
electronic transmission or receiving towers, buildings used for a
noise sensitive purpose, and antennae and overhead transmission
lines.
As added by P.L.117-1983, SEC.1. Amended by P.L.18-1990,
SEC.164; P.L.8-1993, SEC.150; P.L.96-1998, SEC.1; P.L.54-2002,
SEC.1.
IC 8-21-10-3
Permit requirements
Sec. 3. (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) Unless a denial of permit is issued by the department, a
Determination of No Hazard to Air Navigation from the Federal
Aviation Administration is a permit under this section, and a separate
permit will not be issued by the department.
As added by P.L.117-1983, SEC.1. Amended by P.L.54-2002, SEC.2.
IC 8-21-10-3.1
Written authorization for installation or modification of structure
within surface of public use airport; removal of structure
Sec. 3.1. (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.
As added by P.L.96-1998, SEC.2.
IC 8-21-10-4
Permit application; forms
Sec. 4. Application for a permit shall be made on forms prescribed
and furnished by the department or by filing a copy of the Federal
Aviation Administration's Form 7460-1, Notice of Proposed
Construction or Alteration, with the department.
As added by P.L.117-1983, SEC.1.
IC 8-21-10-5
Failure to file permit application; order to show cause
Sec. 5. In any instance where the department learns or has
reasonable grounds to believe that any person is erecting or adding
to a structure that would be subject to this chapter, but concerning
which no application for a permit has been filed, the department may
on its own motion issue an order to such person to appear before the
department and show cause why an application for a permit to erect
or add to the structure need not be obtained. A date for a hearing on
the order shall be set out in such order.
As added by P.L.117-1983, SEC.1.
IC 8-21-10-6
Investigation of permit application
Sec. 6. (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:
(1) a new structure; or
(2) an existing structure to which additional height is added.
As added by P.L.117-1983, SEC.1. Amended by P.L.54-2002, SEC.3.
IC 8-21-10-7
Obstruction standards
Sec. 7. (a) This section applies to:
(1) an existing public use airport; and
(2) a public use heliport.
(b) If any of the obstruction standards set forth in this subsection
are exceeded, the proposed structure is presumed to 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. Except as provided in section 9 of this chapter, the
department shall not issue a permit for any proposed structure that
would exceed any of the following obstruction standards:
(1) A height that is five hundred (500) feet above ground level
at the site of the object anywhere in the state.
(2) A height that is two hundred (200) feet above ground level
or above the established airport elevation, whichever is higher,
within three (3) nautical miles of the established reference point
of a public-use airport, excluding heliports, and that height
increases in the proportion of one hundred (100) feet for each
additional nautical mile of distance from the airport up to a
maximum of five hundred (500) feet.
(3) A height within a terminal obstacle clearance area, including
an initial approach segment, a departure area, and a circling
approach area, as defined by federal law and regulations, which
would result in the vertical distance between any point on the
object and an established minimum instrument flight altitude
within that area or segment to be less than the required obstacle
clearance.
(4) A height within an enroute obstacle clearance area, as
defined by federal law and regulations, including turn and
termination areas of a federal airway or approved off-airway
route that would increase the minimum obstacle clearance
altitude.
(5) The surface of a takeoff and landing area of a public-use
airport or heliport or any imaginary surface as established under
section 8 of this chapter. However, no part of the takeoff or
landing area itself will be considered to be an obstruction.
(c) Except for traverse ways on or near an airport with an
operative ground traffic control service, furnished by an air traffic
control tower or by the airport management and coordinated with the
air traffic control service, the standards set forth above in subsection
(b) apply to traverse ways used or to be used for the passage of
mobile objects only after the heights of these traverse ways are
increased by the following:
(1) Seventeen (17) feet for an interstate highway where
overcrossings are designed for a minimum of seventeen (17)
feet vertical distance.
(2) Fifteen (15) feet for any other public roadway.
(3) Ten (10) feet or the height of the highest mobile object that
would normally traverse the road, whichever is greater, for a
private road.
(4) Twenty-three (23) feet for a railroad.
(5) For a waterway or any other traverse way not covered by
subdivisions (1) through (4), an amount equal to the height of
the highest mobile object that would normally traverse it.
As added by P.L.117-1983, SEC.1. Amended by P.L.54-2002, SEC.4.
IC 8-21-10-8
Airport and heliport imaginary surfaces
Sec. 8. (a) The following airport imaginary surfaces are
established with relation to any public-use airport and to each
runway:
(1) Horizontal surface: a horizontal plane one hundred fifty
(150) feet above the established airport elevation, the perimeter
of which is constructed by swinging arcs of specified radii from
the center of each end of the primary surface of each runway of
each airport and connecting the adjacent arcs by lines tangent
to those arcs. The radii of each arc is five thousand (5,000) feet
for all runways designated as utility or visual, and ten thousand
(10,000) feet for all other runways.
(2) Conical surface: a surface extending outward and upward
from the periphery of the horizontal surface at a slope of twenty
(20) to one (1) for a horizontal distance of four thousand
(4,000) feet.
(3) Primary surface: a surface longitudinally centered on a
runway. When the runway has a specially prepared hard
surface, the primary surface extends two hundred (200) feet
beyond each end of the runway, but when the runway has no
specially prepared hard surface, the primary surface ends at
each end of that runway. The width of a primary surface is the
following:
(A) Two hundred fifty (250) feet for utility runways having
only visual approaches.
(B) Five hundred (500) feet for utility runways having
nonprecision instrument approaches.
(C) For other than utility runways, the width is the
following:
(i) Five hundred (500) feet for visual runways having only
visual approaches.
(ii) Five hundred (500) feet for nonprecision instrument
runways having visibility minimums greater than
three-fourths (3/4) of a statute mile.
(iii) One thousand (1,000) feet for a nonprecision instrument
runway, having a nonprecision instrument approach with
visibility minimums as low as three-fourths (3/4) of a statute
mile, and for precision instrument runways.
(4) Approach surface: a surface longitudinally centered on the
extended runway centerline and extending outward and upward
from each end of the primary surface. An approach surface is
applied to each end of each runway based upon the type of
approach available or planned for that runway end. The
following also applies to the approach surface:
(A) The inner edge of the approach surface is the same width
as the primary surface and it expands uniformly to a width
of the following:
(i) One thousand two hundred fifty (1,250) feet for that end
of a utility runway with only visual approaches.
(ii) One thousand five hundred (1,500) feet for that end of a
runway other than a utility runway with only visual
approaches.
(iii) Two thousand (2,000) feet for that end of a utility
runway with a nonprecision instrument approach.
(iv) Three thousand five hundred (3,500) feet for that end of
a nonprecision instrument runway other than utility, having
visibility minimums greater than three-fourths (3/4) of a
statute mile.
(v) Four thousand (4,000) feet for that end of a nonprecision
instrument runway, other than utility, having a nonprecision
instrument approach with visibility minimums as low as
three-fourths (3/4) of a statute mile.
(vi) Sixteen thousand (16,000) feet for precision instrument
runways.
(B) The approach surface extends for a horizontal distance
of the following:
(i) Five thousand (5,000) feet at a slope of twenty (20) to one
(1) for all utility and visual runways.
(ii) Ten thousand (10,000) feet at a slope of thirty-four (34)
to one (1) for all nonprecision instrument runways other than
utility.
(iii) Ten thousand (10,000) feet at a slope of fifty (50) to one
(1) with an additional forty thousand (40,000) feet at a slope
of forty (40) to one (1) for all precision instrument runways.
(5) Transitional surfaces: these surfaces extend outward and
upward at right angles to the runway centerline and the runway
centerline extended at a slope of seven (7) to one (1) from the
sides of the primary surface and from the sides of the approach
surfaces. Transitional surfaces for those portions of the
precision approach surface which project through and beyond
the limits of the conical surface, extend a distance of five
thousand (5,000) feet measured horizontally from the edge of
the approach surface and at right angles to the runway
centerline.
(b) As used in subsection (a) in establishing airport imaginary
surfaces:
"Nonprecision instrument runway" means a runway having an
existing instrument approach procedure utilizing air navigation
facilities with only horizontal guidance, or area type navigation
equipment, for which a straight-in nonprecision instrument approach
procedure has been approved, or planned, and for which no precision
approach facilities are planned, or indicated on a Federal Aviation
Administration planning document.
"Precision instrument runway" means a runway having an existing
instrument approach procedure utilizing an instrument landing
system (ILS), microwave landing system (MLS), or a precision
approach radar (PAR). It also means a runway for which a precision
approach system is planned and is so indicated by a Federal Aviation
Administration approved airport layout plan or other planning
document.
"Utility runway" means a runway that is constructed for and
intended to be used by propeller driven aircraft of twelve thousand
five hundred (12,500) pounds maximum gross weight or less.
"Visual runway" means a runway intended solely for the
operation of aircraft using visual approach procedures, with no
straight-in instrument approach procedure and no instrument
designation indicated on a Federal Aviation Administration approved
airport layout plan or any other planning document.
(c) The following heliport imaginary surfaces are established with
relation to any public-use heliport:
(1) Heliport primary surface: the area of the primary surface
coincides in size and shape with the designated takeoff and
landing area of a heliport. This surface is a horizontal plane at
the elevation of the established heliport elevation.
(2) Heliport approach surface: the approach surface begins at
each end of the heliport primary surface with the same width as
the primary surface, and extends outward and upward for a
horizontal distance of four thousand (4,000) feet where its
width is five hundred (500) feet. The slope of the approach
surface is eight (8) to one (1) for civil heliports.
(3) Heliport transitional surfaces: these surfaces extend outward
and upward from the lateral boundaries of the heliport primary
surface and from the approach surfaces at a slope of two (2) to
one (1) for a distance of two hundred fifty (250) feet measured
horizontally from the centerline of the primary and approach
surfaces.
As added by P.L.117-1983, SEC.1.
IC 8-21-10-9
Waiver of strict compliance with obstruction standards
Sec. 9. 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.
As added by P.L.117-1983, SEC.1.
IC 8-21-10-10
Permits; specification of obstruction markings, lighting, and other
identification
Sec. 10. Every permit granted by the department shall specify
what, if any, obstruction markers, markings, lighting, or other
identification shall be installed on or in the vicinity of the structure
as a condition to receiving the permit. Any visual identification
characteristics or lighting required by the department shall conform
as much as practicable with the federal obstruction marking and
lighting guidelines and standards.
As added by P.L.117-1983, SEC.1.
IC 8-21-10-11
Determination not to issue permit; notification of applicant;
hearing
Sec. 11. (a) If the department determines that a permit should not
be issued under this chapter, the department shall notify the applicant
in writing of its determination. The notification may be served by
delivering it personally to the applicant or by sending it by certified
mail to the applicant at the address specified in the application.
(b) The determination shall become final fifteen (15) days after
notification is served unless the applicant, within such fifteen (15)
day period, requests in writing that a hearing be held before the
department with reference to the application. All such hearings shall
be open to the public and shall be conducted under IC 4-21.5-3. At
the hearing, the applicant has the burden to show cause why the
department should have granted the permit to erect the proposed
structure. Any interested person may appear and be heard either in
person or by counsel at such hearings and may present such evidence
and testimony as may be pertinent.
As added by P.L.117-1983, SEC.1. Amended by P.L.7-1987, SEC.14.
IC 8-21-10-12
Actions to prevent, restrain, correct, or abate violations
Sec. 12. In addition to any other remedy provided by law, the
department may institute in any court of general jurisdiction, an
action to prevent, restrain, correct, or abate any violation of this
chapter or of any rules or orders the department issued or ordered
under this chapter. The court may grant such relief, by way of
injunction, which may be mandatory, or otherwise, as may be
necessary under this chapter and the applicable rules or orders of the
department issued under this chapter.
As added by P.L.117-1983, SEC.1.
IC 8-21-10-13
Application of chapter to existing structures
Sec. 13. This chapter does not apply to any structure that existed
on April 1, 1957. Any permit that was issued by the department
under IC 8-21-7 (before its repeal on September 1, 1983) shall be
treated after August 31, 1983, as though it had been issued under this
chapter.
As added by P.L.117-1983, SEC.1. Amended by P.L.3-1990, SEC.35.
IC 8-21-10-14
Application of chapter to existing structures
Sec. 14. Except for the requirements of section 3.1 of this chapter,
this chapter does not apply in respect to the location, relocation,
erection, construction, reconstruction, change, alteration,
maintenance, removal, use, or enlargement of any existing structures,
except radio and television towers.
As added by P.L.117-1983, SEC.1. Amended by P.L.96-1998, SEC.3.
IC 8-21-10-15
Violations; offense
Sec. 15. A person who violates or fails to comply with this chapter
commits a Class A infraction. Each day that such a violation or
failure continues constitutes a separate offense.
As added by P.L.117-1983, SEC.1.