RELATES TO: KRS 183.861-183.890, 14 C.F.R. Part 77
NECESSITY, FUNCTION, AND CONFORMITY: KRS 183.861 allows the
Kentucky Airport Zoning Commission to regulate the use of land within and
around all public use and military airports within Kentucky. This
administrative regulation is promulgated to regulate the construction and
alteration of structures in the airspace of the state over which the commission
has jurisdiction in order to prevent an obstruction to the safety of air
navigation.
Section 1. Except as
provided in
602 KAR 50:090, a person shall not construct or alter any structure
which penetrates the airspace of the state over which the commission has
jurisdiction as set forth in
602 KAR 50:030, unless the person who intends to
construct or alter the structure obtains a permit from the commission in
accordance with the procedures set forth in
602 KAR 50:090.
Section 2. The commission shall consider the
provisions of 14 CFR Part 77 Sections
77.21 through
77.25, the aeronautical
study performed by the administrator and any aeronautical study performed by
the FAA as well as the factors set forth in
KRS 183.868 and
183.870 in
approving or disapproving an application for a permit submitted in accordance
with the requirements of Section 1 of this administrative regulation.
Section 3.
(1) Any change or transfer in the care,
custody, control or ownership of a structure previously permitted by the
commission shall require the original owner to notify the commission in writing
of the name and address of the new owner on Kentucky Airport Zoning
Commission/Transportation Cabinet form TC 56-50G "Notification of Change in
Ownership" effective March 1997.
(2) The new owner shall comply with all
conditions and requirements of the originally issued permit for the transferred
structure unless properly amended by the commission.
Section 4.
(1) A power line existing prior to January 4,
1984 for which a permit has not been issued may continue in its present
configuration.
(2) A person
proposing to alter or reconstruct any wire, transmission, distribution or other
power line subsequent to September 1, 1983 that exceeds 200 feet above the
ground level shall:
(a) Obtain a permit from
the commission in accordance with
602 KAR 50:090; and
(b) Comply with the applicable marking and
lighting requirements in accordance with
602 KAR 50:100.
Section 5. Incorporation
by Reference.
(1) Kentucky Airport Zoning
Commission/Transportation Cabinet form TC 56-50G "Notification of Change in
Ownership" effective March 1997 is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, from the Zoning
Administrator, Division of Aeronautics, 200 Mero Street, Station: W3-09-02,
Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m. The
telephone number is (502) 564-4480. The fax number is (502) 564-7953.
