A. If FAA Form 7460-1 is required, then an application for a permit pursuant to Section 120.3 of this title shall be filed at the same time the FAA Form 7460-1 is sent to the FAA, or at any time before that. If FAA Form 7460-1 is not required, then the application shall be filed at least thirty (30) days before the earlier of the following:
1. The date the proposed construction or alteration is to begin; or
2. The date an application for a construction or building permit is to be filed with the municipality.
Upon receiving an application, the Commission shall notify a legal representative of the public-use airport owner affected by the application and solicit comments from the airport owner.
B. In determining whether to issue a permit, the Commission shall consider:
1. The nature of the terrain and height of existing structures;
2. Public and private interests and investments of an airport;
3. The character of flying operations and planned developments of an airport;
4. Whether the construction of the proposed structure would cause an increase in the minimum descent altitude or the decision height at the affected airport;
5. Technological advances;
6. The safety of persons on the ground and in the air;
7. Land use density;
8. Comments from all interested persons; and
9. Findings and determinations of other government agencies.
C. If FAA Form 7460-1 is required, then the Commission shall notify the applicant of its determination within thirty (30) days of the FAA completing its aeronautical study. If the applicant has not been notified by the Commission of its determination within thirty (30) days of the FAA completing its aeronautical study, then the applicant shall notify the Commission that it has not received notice of the Commission's determination. The Commission shall then have seven (7) working days from the date of the applicant's notice to notify the applicant of its determination. Nothing herein precludes the Commission from making its determination before the FAA completes its aeronautical study.
D. If FAA Form 7460-1 is not required, then the Commission shall notify the applicant of its determination within sixty (60) days of filing the application. If the applicant has not been notified by the Commission of its determination within sixty (60) days of filing the application, then the applicant shall notify the Commission that it has not received notice of the Commission's determination. The Commission shall then have seven (7) working days from the date of the applicant's notice to notify the applicant of its determination.
Added by Laws 2010, c. 367, § 7, eff. Oct. 1, 2010. Amended by Laws 2017, c. 32, § 4, eff. Nov. 1, 2017.