Sec. 3.1. (a) As used in this section, “structure” does not mean a tower that is principally used for the attachment of radio communications transmission or reception equipment if the tower and its location:

(1) comply with all Federal Aviation Administration regulations;

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Terms Used In Indiana Code 8-21-10-3.1

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Department: refers to the Indiana department of transportation. See Indiana Code 8-21-10-2
  • Person: means any individual, firm, partnership, corporation, company, limited liability company, association, joint stock association, or body politic, including any trustee, receiver, assignee, or other similar representative. See Indiana Code 8-21-10-2
  • Structure: means any object constructed or installed by man including, but not limited to, cranes, buildings, towers, smokestacks, electronic transmission or receiving towers, buildings used for a noise sensitive purpose, and antennae and overhead transmission lines. See Indiana Code 8-21-10-2
(2) comply with section 3 of this chapter; and

(3) are approved by the local zoning board.

     (b) As used in this section, “surface” means an airport’s primary or approach imaginary surface established by section 8 of this chapter.

     (c) Before a person may:

(1) erect;

(2) install; or

(3) modify to add to the height of;

a structure within the surface of a public use airport, the person must obtain a written authorization from the public use airport owner or operator.

     (d) The written authorization may contain terms and conditions to ensure aviation safety that are considered necessary by the owner or operator of the public use airport.

     (e) A person who obtains written authorization shall strictly comply with any terms and conditions required by the written authorization.

     (f) The public use airport owner or operator may require the immediate removal of a structure from a surface if:

(1) the person who obtains written authorization under subsection (c) violates any part of the written authorization; or

(2) the person erecting, installing, or modifying the structure fails to obtain written authorization under subsection (c) from the owner or operator of the public use airport.

     (g) Removal of a structure for violation of this section may be immediate and does not require a hearing or notification of the department. The public use airport owner or operator may enlist the aid of law enforcement officers in effecting the removal of the structure.

As added by P.L.96-1998, SEC.2.

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