FAA and State Notification Requirements for Construction in the Vicinity of Airports
Airport sponsors, local government officials, zoning and building departments, and contractors should be aware of federal and state notification and permitting requirements when construction is proposed on or near airports that are open to the public in Ohio. Federal Aviation Administration Regulations, Part 77 - Objects Affecting Navigable Airspace, outline the specific criteria for FAA notification. The Ohio Administrative Code, Section 5501:1-10, outlines the state filing and permitting requirements.
The FAA Form 7460-1, "Notice of Proposed Construction or Alteration," is used for Federal Aviation Administration (FAA) notification. This can be filed electronically or by regular mail. A 7.5 minute quadrangle topographic map showing the proposed construction must be attached to the completed Form 7460-1. The Form 7460-1 must be submitted 45 days prior to the proposed start of construction.
Additionally, a permit from the Ohio Department of Transportation, Office of Aviation, must be obtained prior to the start of any construction on or near airports in Ohio that are open to the public. A duplicate of the federal filing fulfills the state permit application requirements as set forth in the Ohio Administrative Code, Section 5501:1-10-06.
The FAA Form 7460-1 must be filed for any construction or alteration of more than 200 feet in height. Additionally, any construction or alteration extending outward and upward in excess of one of the following slopes requires filing:
(i) 100 to 1 slope for a horizontal distance of 20,000 feet from the nearest public use runway greater than 3,200 feet in length, excluding heliports.
(ii) 50 to 1 slope for a horizontal distance of 10,000 feet from the nearest public use runway less than 3,200 feet in length, excluding heliports.
(iii) 25 to 1 slope for a horizontal distance of 5,000 feet from the nearest landing and takeoff area of a public use heliport.
Proposed contruction or alterations may be filed electronically to: http://oeaaa.faa.gov/oeaaa/external. Look for "Click Here for Instructions on how to E-file your proposal with the FAA." Follow the steps provided.
The original Form 7460-1 with accompanying map must be submitted by regular mail to:
EXPRESS PROCESSING CENTER
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
01 Meachan Blvd.
Fort Worth, TX 76193
Questions regarding this form may be directed to:
Ohio Department of Transportation
Office of Aviation
2829 W. Dublin-Granville Road
Columbus, OH 43235
(614) 466-6804 or Toll Free (855) 867-1852
Once the Form 7460-1 has been submitted to FAA, the Ohio Department of Transportation Office of Aviation will receive an electronic copy of the 7460-1 from the FAA. The Office of Aviation will evaluate the proposed structure and determine whether or not it is in compliance with the standards set forth in FAR Part 77 and the Ohio Revised Code. The FAA’s determination does not relieve the sponsor of compliance with any law, ordinance, or regulation of any Federal, State, or local government body.
If it is determined that the proposed construction is not in compliance with the standards set forth in FAR Part 77, the Office of Aviation will issue a letter of denial. The letter will identify the reason a permit cannot be issued and a revised height that would prevent penetration into the FAR Part 77 airspace. In most cases the Office of Aviation can approve a structure at a reduced height that complies with the standards set forth in FAR Part 77 and issue a permit.
The FAA and the Office of Aviation appreciate the assistance of local government officials, zoning and building departments, airport sponsors and contractors in disseminating information on the requirements for filing FAA Form 7460-1 and obtaining permits for structures subject to the Ohio Airport Protection Act. Questions concerning these subjects should be directed to the Office of Aviation, at the above listed address and telephone number. The Office of Aviation may also be contacted via e-mail at:
For additional information, including downloads of Form 7460, visit the FAA web site at:
Information on the Ohio Airport Protection Act is available at the Office of Aviation web site at:
A copy of FAA Form 7460-1, "Notice of Proposed Construction or Alteration," with instruction sheet, is attached. Also attached is a schematic diagram of the airfield imaginary surfaces for obstruction study and permit requirements.