Sec. 10.1. (a) For purposes of this section and section 10.2 of this chapter, a “lighter-than-air aircraft” means a gas or hot air filled free balloon, with or without airborne heaters or engines, or any other type of balloon designed to transport persons or goods.

     (b) The provisions of section 10 of this chapter relating to the department’s authority to issue certificates of approval for airport sites do not apply to provisional landing sites which are used for agricultural application if the applicator:

(1) is licensed as a pesticide operator by the state chemist and has met the requirements of IC 15-16-5-48; and

(2) has received permission to use the land for agricultural aviation purposes from the owner or lessee of the land.

     (c) The provisions of section 10 of this chapter relating to the department’s authority to issue certificates of approval for airport sites do not apply to provisional landing sites for helicopters if the operator of the helicopter:

(1) meets Federal Aviation Administration qualifications for operation of the specific aircraft;

(2) determines that air routes to and from the site are acceptable to the aircraft’s limitations and that proposed routes in congested areas provide for emergency landings in the event that an autorotation descent is necessary;

(3) follows all Federal Aviation Administration regulations covering landing on and departing from the site; and

(4) has received permission to use the site from the owner or lessee of the site.

     (d) The provisions of section 10 of this chapter relating to the department’s authority to issue certificates of approval for airport sites do not apply to provisional landing sites which are used for lighter-than-air aircraft. However, no person may operate a lighter-than-air aircraft from any landing site unless the pilot is in compliance with:

(1) all applicable federal air regulations; and

(2) all rules and regulations adopted by the department which relate to the operation of a lighter-than-air aircraft.

As added by Acts 1979, P.L.100, SEC.1. Amended by Acts 1980, P.L.74, SEC.312; Acts 1982, P.L.62, SEC.13; P.L.2-2008, SEC.26.