(1) Unless the commission conducts an airspace study and finds noninterference to air navigation, the commission shall not issue a permit to erect, add to, or replace a structure that will extend more than 1,000 feet above ground elevation at the structure’s site. A person shall not erect, add to, or replace a structure for which a permit is required, which structure exceeds the height allowed by the permit.

    (2) The commission may issue a permit to erect or add to a structure that will extend more than 1,000 feet above the ground elevation at the site of the structure proposed to be erected or added to if the proposed structure will not be higher than 50 feet above the height of the highest structure in existence on March 19, 1960, which highest structure is within a distance of 1 mile from the location of the structure proposed to be erected or added to.