(1) Applicability.
Unless specifically exempted by section
333.025(2), (3), or
(4), F.S., any person proposing the
construction or alteration of an obstruction within a 10-nautical mile radius
of the airport reference point of an existing or planned public-use or military
airport must obtain a permit from the Department.
(2) Airspace Obstruction Permit Application.
The sponsor shall complete an Airspace Obstruction Permit
Application in the form and manner prescribed by the Department. The complete
application shall be filed prior to commencing construction or establishment of
an obstruction.
(a) The sponsor shall
complete the Airspace Obstruction Permit Application by utilizing FDOT Form
725-040-11, effective 11/2024, incorporated herein by reference at
http://www.flrules.org/Gateway/reference.asp?No=Ref-17280,
and available at
https://www.fdot.gov/aviation. The
form shall be submitted by certified mail, return receipt requested, or by a
delivery service that provides a receipt evidencing delivery to: State Aviation
Manager, Aviation Office, Florida Department of Transportation, 605 Suwannee
Street, MS 46, Tallahassee, Florida 32399-0450. All additional supporting
documentation required by paragraph (2)(b) and FDOT Form 725-040-11, effective
11/2024, must be submitted with the form to complete the application.
(b) An Airspace Obstruction Permit
Application shall include the following documentation:
1. A photo identification issued by a
governmental agency establishing the identity of the sponsor(s) or a certified
copy of the official governmental record establishing the sponsor(s) as a
person.
2. If the sponsor is not
the landowner, attach a copy of the authorization to construct or lease of land
involved.
3. A certified document
establishing an individual as the agent authorized to act on behalf of a
sponsor to obtain an Airspace Obstruction Permit, if applicable.
4. A map or aerial photograph depicting the
geographical location of the site.
5. Detailed scaled drawing at least 11" x 17"
showing the following features of the site:
a. Site boundaries; and
b. The type, size, and dimensions of the
proposed obstruction.
6.
An executed document from an authorized representative of the zoning authority
having jurisdiction over the site stating that the zoning authority does not
have airport protection zoning regulations for the site as depicted in the
Airspace Obstruction Permit Application.
7. A map depicting the following:
a. Site boundaries; and
b. Airport reference points for all existing
and proposed public-use and military airports within a 10-nautical mile radius
of the site.
8. A copy
of the FAA 7460-1 form(s) and all attachments submitted to the FAA for the
obstruction.
9. A copy of the final
FAA Airspace Determination Letter(s) for the obstruction.
10. A certified acknowledgement that the
sponsor must install, maintain, and operate at the sponsor's expense, marking
and lighting in conformance with the specific standards established by the FAA
in the final FAA Airspace Determination Letter(s).
(3) Review.
The Department will process and determine the approval or
disapproval of an Airspace Obstruction Permit Application as follows:
(a) Within 10 days of receipt of a Airspace
Obstruction Permit Application, the applicant will be notified of any apparent
errors or omissions and any requests for additional information.
(b) An Airspace Obstruction Permit shall be
granted only after the Department determines the conditions of section
333.025(6),
F.S., are satisfied.
(c) The
Department shall, within 30 days after receipt of an Airspace Obstruction
Permit Application, issue or deny the Airspace Obstruction Permit.
(d) Following the Department's decision on
the issuance of the Airspace Obstruction Permit, the Department will publish an
announcement in the Florida Administrative Register (FAR) to inform any person
whose substantial interests will be determined or affected by the issuance of
the Airspace Obstruction Permit of their right, pursuant to sections
120.569 and
120.57, F.S., and Rule
28-106.111, F.A.C., to petition
for an administrative hearing within 21 days of publication of such notice in
the FAR. The Department's action will become final unless a timely petition for
hearing is filed the Department's Clerk of Agency Proceedings in accordance
with the pleading requirements of Rule
28-106.201 or Rule
28-106.301, F.A.C., depending on
whether a formal or informal hearing is requested.
(e) If a valid request for administrative
hearing is not timely delivered to the Department, the Department's action on
the Airspace Obstruction Permit shall take effect 30 days after the date of its
issuance.
(f) If a valid request
for administrative hearing is timely delivered to the Department's Clerk of
Agency Proceedings, the Department's action shall be held in abeyance pending
the outcome of the administrative process.
(4) Airport Airspace Obstruction Permit
Issuance.
Department approval of the construction or alteration of an
obstruction shall be documented by issuance of an Airspace Obstruction Permit,
which shall remain valid in accordance with the applicable FAA airspace
determination(s).
Notes
Fla. Admin.
Code Ann. R. 14-121.002
Rulemaking Authority
333.15,
334.044(2) FS.
Law Implemented 333.01,
333.025
FS.
Adopted by
Florida
Register Volume 50, Number 226, November 19, 2024 effective
12/3/2024.
