Application process after issuance of permit - Amending a permit.

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A. Once a permit is issued by the Commission, the applicant shall be required to complete the following steps to complete the permit process:

1. The applicant for a permit under Section 120.3 of this title shall record each permit issued by the Commission in the office of the county clerk for the county where the structure is located not later than sixty (60) business days after the Commission issues the permit. If a structure is located in more than one county, the county that contains the majority of the structure is the county in which the permit must be filed. A permit issued under paragraph 1 of subsection A of Section 120.3 of this title shall contain the following statement:

"The permittee acknowledges for itself, its heirs, its successors, and its assigns, that the real estate described in this permit is located within the primary surface or the runway protection zone of a public-use airport, and that the permittee is building a structure upon this real estate with the full knowledge and acceptance that it may be incompatible with normal airport operations including the landing and takeoff of aircraft.";

2. A permit issued in accordance with the provisions of Section 120.3 of this title is valid only after the Commission receives a certified copy of the recorded permit with the recording data from the county clerk of the county in which the structure is located; and

3. Every permit granted by the Commission shall specify that obstruction markers, markings, lighting, or other visual or aural identification required to be installed on or in the vicinity of the structure shall conform to federal laws and regulations.

B. Once a permit is valid the permittee may request to amend a permit under these conditions:

1. The amendment is to change the administrative items of the permit including the transfer of ownership rights. There shall be no limit to the number of times a permittee can request an amendment that is administrative in nature; or

2. The amendment is for the purpose of micrositing a structure that has been permitted, but not yet constructed. Micrositing shall allow for a structure to be moved four hundred (400) feet or less in a horizontal direction provided the new location will not impact an airport's instrument or visual approaches. A permittee can request to amend a permit for micrositing up to two times. A third micrositing request on the structure will require the permittee to file a new permit application.

Added by Laws 2010, c. 367, § 8, eff. Oct. 1, 2010. Amended by Laws 2017, c. 32, § 5, eff. Nov. 1, 2017.


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