Michigan Laws 259.482a – Issuance of permit allowing construction, replacement, or increase in height of certain structures; conditions
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Terms Used In Michigan Laws 259.482a
- Airport: means a structure or an area of land or water that is designed and set aside for the landing and taking off of aircraft, is utilized or to be utilized by and in the interest of the public for the landing and taking off of aircraft, and is licensed by the commission. See Michigan Laws 259.481
- Approach surface: means an imaginary plane longitudinally centered on a runway's centerline extended, and extending outward and upward from each end of that runway's primary surface, which plane has the specifications described in section 2c. See Michigan Laws 259.481
- Commission: means the Michigan aeronautics commission. See Michigan Laws 259.481
- Conical surface: means an imaginary plane extending outward and upward from the perimeter of a runway's horizontal surface at 1 of the following slopes, as applicable:
(i) If the airport at which the runway is located has a published instrument approach procedure, at a slope of 50 to 1. See Michigan Laws 259.481FAA: means the Federal Aviation Administration or a successor agency to the Federal Aviation Administration. See Michigan Laws 259.481 Heliport approach surface: means an imaginary plane projecting outward and upward from the perimeter of a heliport primary surface at a slope of 8 to 1. See Michigan Laws 259.481 Heliport primary surface: means an imaginary plane that is at the elevation established for a heliport coinciding in size and shape with the designated takeoff and landing area of that heliport. See Michigan Laws 259.481 Horizontal surface: means an imaginary horizontal plane 150 feet above the elevation established for an airport, the perimeter of which plane is constructed as described in section 2e. See Michigan Laws 259.481 Minimum obstruction clearance altitude: means the lowest FAA published altitude that assures acceptable navigational signal coverage and that is in effect between radio fixes on a low altitude airway, on an off-airway route, or, if the altitude meets obstacle clearance requirements for the entire route segment, on a route segment. See Michigan Laws 259.481 Permit: means a permit issued by the commission under this act. See Michigan Laws 259.481 Primary surface: means an imaginary plane longitudinally centered on a runway, which plane has the specifications described in section 2b. See Michigan Laws 259.481 Runway: means the portion of an airport designated as either of the following:
(i) An area used for the landing or takeoff of aircraft. See Michigan Laws 259.481Structure: means an object constructed or installed, including, but not limited to, a building, tower, antenna, smokestack, or overhead transmission line. See Michigan Laws 259.481 Transitional surface: means an imaginary plane perpendicular to a runway centerline and to that centerline extended through the runway's primary surface and approach surface, which plane extends outward and upward from each side of the runway's primary surface and approach surface at a slope of 7 to 1 for the distances described in section 2d. See Michigan Laws 259.481
(1) The commission shall not issue a permit allowing construction, replacement, or an increase in height of a structure that violates the requirements of an applicable zoning ordinance adopted by a political subdivision under the airport zoning act, 1950 (Ex Sess) PA 23, MCL 259.431 to 259.465, unless the applicant has obtained the approval of a variance from the ordinance and an airspace study has been conducted by the commission resulting in a finding of noninterference to air navigation.
(2) Unless an airspace study has been made by the commission resulting in a finding of noninterference to air navigation, the commission shall not issue a permit allowing construction of any of the following structures, or replacement of or an increase in the height of a structure that creates any of the following structures:
(a) A structure that is over 500 feet above ground elevation at the structure’s site and that is within 2 miles of a well-defined natural landmark such as a shoreline or river; a manmade landmark such as a railroad, canal, or road; or a low altitude airway.
(b) A structure of a height that would increase the minimum obstruction clearance altitude, the minimum safe altitude prescribed by the FAA, or the minimum altitude required for a safe instrument approach.
(c) A structure that would encroach into a runway‘s primary surface.
(d) A structure of a height that would penetrate a runway’s approach surface.
(e) A structure of a height that would penetrate a runway’s transitional surface.
(f) A structure of a height that would penetrate a runway’s horizontal surface.
(g) A structure of a height that would penetrate a runway’s conical surface.
(h) A structure that would encroach into a heliport primary surface.
(i) A structure of a height that would penetrate a heliport approach surface.