Enact the Airspace Protection Act

sb446_00_IN

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 446

2025-2026

Senator Brenner

To
amend sections 4561.01, 4561.021, 4561.05, 4561.06, 4561.08, 4561.09,
4561.11, 4561.12, 4561.14, 4561.15, 4561.31, 4561.32, 4561.33,
4561.34, 4561.341, 4561.35, 4561.36, 4561.37, 4561.38, 4561.39,
4561.99, 4563.01, 4563.03, 4563.031, 4563.032, 4563.04, 4563.05,
4563.06, 4563.07, 4563.08, 4563.09, 4563.10, 4563.11, 4563.12,
4563.13, 4563.16, 4563.18, 4563.20, 4563.21, and 4906.10; to enact
section 4561.40; and to repeal section 4561.30 of the Revised Code
to
make changes to the laws regarding navigable airspace and to name
this act the Airspace Protection Act.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 4561.01, 4561.021, 4561.05, 4561.06, 4561.08, 4561.09,
4561.11, 4561.12, 4561.14, 4561.15, 4561.31, 4561.32, 4561.33,
4561.34, 4561.341, 4561.35, 4561.36, 4561.37, 4561.38, 4561.39,
4561.99, 4563.01, 4563.03, 4563.031, 4563.032, 4563.04, 4563.05,
4563.06, 4563.07, 4563.08, 4563.09, 4563.10, 4563.11, 4563.12,
4563.13, 4563.16, 4563.18, 4563.20, 4563.21, and 4906.10 be amended
and section 4561.40 of the Revised Code be enacted to read as
follows:

Sec.
4561.01.
As
used in
sections
4561.01 to 4561.27 of the Revised Code
this
chapter
:

(A)
"Aviation" means transportation by aircraft; operation of
aircraft; the establishment, operation, maintenance, repair, and
improvement of airports, landing fields, and other air navigation
facilities; and all other activities connected therewith or
incidental thereto.

(B)
"Aircraft" means any manned device used or intended for
flight in the air. "Aircraft" does not include an
ultralight vehicle as defined by 14 C.F.R. part 103.

(C)
"Airport" means any location either on land or water which
is used for the landing and taking off of aircraft
,
including heliports and seaplane landing sites. "Airport"
does not include a federal navigable waterway or a military airport
owned by the United States government
.

(D)
"Landing field" means any location either on land or water
of such size and nature as to permit the landing or taking off of
aircraft with safety, and used for that purpose but not equipped to
provide for the shelter, supply, or care of aircraft.

(E)
"Air navigation facility" means any facility used,
available for use, or designed for use in aid of navigation of
aircraft, including airports, landing fields, facilities for the
servicing of aircraft or for the comfort and accommodation of air
travelers, and any structures, mechanisms, lights, beacons, marks,
communicating systems, or other instrumentalities or devices used or
useful as an aid to the safe taking off, navigation, and landing of
aircraft, or to the safe and efficient operation or maintenance of an
airport or landing field, and any combination of such facilities.

(F)

"Air
navigation hazard" means any structure, object of natural
growth, or use of land, that obstructs the air space required for the
flight of aircraft in landing or taking off at any airport or landing
field, or that otherwise is hazardous to such landing or taking
off
"Airport
sponsor" means the controlling body of any regional airport
authority, port authority, public university or college, county, or
municipal corporation, or the owner or private entity that controls a
privately owned airport or medical use heliport
.

(G)
"Air navigation
,
"

or

"navigation of aircraft
,
"

or
"navigate aircraft"

means the operation of aircraft in the
air
space
airspace

over
this state.

(H)

"Airperson"
"Air
crew"

means any individual who, as the person in command, or as pilot,
mechanic, or member of the crew, engages in the navigation of
aircraft.

(I)
"Airway" means a route in the
air
space
airspace

over
and above the lands or waters of this state
,
designated by the Ohio aviation board as a route

suitable for the navigation of aircraft.

(J)
"Person" means any individual, firm, partnership,
corporation, company, association, joint stock association, or body
politic, and includes any trustee, receiver, assignee, or other
similar representative thereof.

(K)
"Government agency" means a state agency, state institution
of higher education, regional port authority, or any other political
subdivision of the state, or the federal government or other states.

(L)
"Navigable airspace" means the airspace at and above the
minimum flight altitudes, including the airspace needed for safe
takeoff and landing.

(M)
"Obstruction" means any existing or proposed structure or
object of natural growth that exceeds the obstruction standards as
found in 14 C.F.R. part 77.

(N)
"Structure" means any permanent or temporary object,
including a building, tower, crane, scaffold, smokestack, batch
plant, earth formation, stockpile, transmission line, light pole,
flagpole, ship mast, traverse way, and mobile object.

(O)
"Install, erect, construct, establish, or alter" means
undertaking any action that affects the natural environment of the
site of a structure or object of natural growth, including clearing
of land, excavation, or planting. "Install, erect, construct,
establish, or alter" does not include surveying changes
necessary for temporary use of the site and use in securing
geological data, including making necessary borings to ascertain
foundation conditions.

(P)
"Heliport" means the area of land, water, or a structure
that is used or intended to be used for the landing and takeoff of
helicopters, including any appurtenant buildings and facilities.

(Q)
"Vertiport" means the identifiable ground or elevated
areas, including the facilities thereon, that are designed to be used
for the landing and takeoff of rotorcraft, tilt-rotor aircraft, or
other powered lift aircraft.

(R)
"Spaceport" means any facility in the state at which space
vehicles may be landed or launched, including all facilities and
support infrastructure related to the launch, landing, and payload
processing.

Sec.
4561.021.
There
is hereby created in
the
division of multi-modal planning and programs of
the
department of transportation the office of aviation. The director of
transportation shall appoint the administrator of the office of
aviation
,
who shall serve at the pleasure of the director
.
The administrator of the office of aviation shall be responsible to
the director for the organization, direction, and supervision of the
work of the office and the exercise of the powers and the performance
of the duties assigned to the office. Subject to Chapter 124. of the
Revised Code and civil service regulations, the administrator, with
the approval of the director, shall select and appoint the necessary
employees. The director also may employ experts for assistance in any
specific matter at a reasonable rate of compensation.

Sec.
4561.05.
The
department of transportation shall administer Chapter 4561. of the
Revised Code. The department may
issue
and amend orders, create application forms for permits and
certificates issued under this chapter, and
adopt
,
modify,

and
promulgate
such
rescind
any reasonable
rules
as it determines necessary to carry out this chapter.

The
department may issue and amend orders, and make, promulgate, and
amend, reasonable general and special rules and procedure, and
establish minimum standards.

The
department may establish safety rules governing air navigation
hazards, and the location, size, use, and equipment of airports and
landing areas, and rules governing air marking, the use of signs or
lights designed to be visible from the air, and other air navigation
facilities.

All
rules and amendments thereto, prescribed by the department, shall

conform
to and coincide
be
in accordance
with,
so far as possible,
the
"Civil Aeronautics Act of 1938," 52 Stat. 973, 49 U.S.C.
401, as amended,
the
federal aviation laws
passed
by the congress of the United States, and the air commerce
regulations issued pursuant thereto.

All
acts of the department authorized under this section shall be carried
on in conformity with Chapter 119. of the Revised Code.

Sec.
4561.06.
(A)

The
department of transportation shall encourage the development of
aviation and the promotion of aviation education and research within
this state as, in its judgment, may best serve the public interest.

(B)(1)

The
department may furnish engineering or other technical counsel and
services, with or without charge therefor, to any appropriate
government agency
or
private entity
desiring
such counsel or services in connection with any question or problem
concerning the need for, or the location, construction, maintenance,
or operation of airports, landing fields, or other air navigation
facilities.

(2)
The department also may furnish engineering or other technical
counsel and services to any appropriate government agency or private
entity desiring such counsel or services regarding the federal
aviation administration's process under 14 C.F.R. part 77. Such
counsel and services may include the process for petitioning the
federal aviation administration for discretionary review of a
determination, revision, or extension of a determination and any
public notice and comment process available.

(C)

The
department shall be the official representative of this state in all
civil actions, matters, or proceedings pertaining to aviation in
which this state is a party or has an interest.

(D)(1)

The
department may investigate, and may cooperate with any other
appropriate government agency in the investigation of, any accident
occurring in this state in connection with aviation. It may issue an
order to preserve, protect, or prevent the removal of any aircraft or
air navigation facility involved in an accident being so investigated
until the investigation is completed. The chief executive officer or
any law enforcement officer of this state or any political
subdivision in which an accident occurred shall assist the department
in enforcing such an order when called upon to do so.

(2)

The
department, in connection with any investigation it is authorized to
conduct, or in connection with any matter it is required to consider
and determine, may conduct hearings thereon. All such hearings shall
be open to the public. The administrator of the office of aviation or
those employees of that office or its agents who are designated to
conduct such hearings may administer oaths and affirmations and issue
subpoenas for and compel the attendance and testimony of witnesses
and the production of papers, books, and documents at the hearings.
In case of failure to comply with such a subpoena or refusal to
testify, the administrator or the employees of the office of aviation
or its agents who are designated to conduct the hearings may invoke
the aid of the court of common pleas of the county in which the
hearing is being conducted, and the court may order the witness to
comply with the requirements of the subpoena or to give testimony
concerning the matter in question. Failure to obey any order of the
court may be punished as a contempt of the court.

(3)

Reports
of any investigations or hearings, or parts thereof, conducted by the
department shall not be admitted in evidence or used for any purpose
in any action or proceeding arising out of any matter referred to in
the investigation, hearings, or report thereof, except in actions or
proceedings instituted by the state or by the department on behalf of
the state, nor shall any member of the department or any of its
employees be required to testify to any facts ascertained in, or
information obtained by reason of, the member's or employee's
official capacity, or to testify as an expert witness in any action
or proceeding involving or pertaining to aviation to which the state
is not a party. Subject to this section, the department may make
available to appropriate agencies of government any information and
material developed in the course of its investigations and hearings.

(E)

The
department shall report to the appropriate agency of the United
States all cases that come to its attention of persons navigating
aircraft without a valid aviator's certificate, or in which an
aircraft is navigated without a valid air-worthiness certificate in
probable violation of the laws of the United States requiring such
certificates, and it also shall report to the proper governmental
agency any probable infringement or violation of laws, rules, and
regulations pertaining to aviation that come to its attention.

(F)

The
department may prepare, adopt, and subsequently revise a plan showing
the locations and types of airports, landing fields, and other air
navigation facilities within this state
;
it also may prepare another plan of a system of airways within this
state, the establishment, maintenance, and use of which will, in its
judgment, serve the development of transportation by aircraft within
this state in the best interests of the public
.
It may publish plans and pertinent information as the public interest
requires.

(G)

The
department periodically may prepare, publish, and distribute such
maps, charts, or other information as the public interest requires,
showing the location of and containing a description of all airports,
landing fields, and other air navigation facilities then in operation
in this state, together with information concerning the manner in
which, and the terms upon which, those facilities may be used, and
showing all airways then in use, or recommended for use, within this
state, together with information concerning the manner in which the
facilities should be used.

Sec.
4561.08.
(A)
As used in this section and section 4561.09 of the Revised Code:

(1)
"Airport activities" means the acquisition, establishment,
construction, enlargement, improvement, equipment, protection of
navigable airspace, or operation of airports, heliports, vertiports,
spaceports, landing fields, and other air navigation facilities.

(2)
"Local authority" means a regional airport authority, port
authority, public university or college airport, county, or municipal
corporation.

(B)

The
department of transportation may cooperate with any
government
agency,
local
authority

in
the
acquisition, establishment, construction, enlargement, improvement,
equipment, or operation of airports, landing fields, and other air
navigation facilities
conducting
airport activities
in
this state, and may comply with the laws of the United States and any
regulations made thereunder with respect to the expenditure of
federal funds for or in connection with such
airports,
landing fields, and other air navigation facilities
activities
.

The
department may accept, receive, and
give

receipt
for federal funds, upon such terms as are prescribed by the laws of
the United States and any regulations made thereunder, on behalf of
the state, and may treat similarly, for the state or as agent for any

regional
airport authority, county, or municipal corporation
local
authority
thereof,
other funds, public or private, for
the
acquisition, establishment, construction, enlargement, improvement,
equipment, or operation of airports, landing fields, and other air
navigation facilities
conducting
airport activities
,
whether such work is to be done
severally

by
the state

or by
,

a
political subdivision
thereof
or by a regional airport authority, or by the state and a regional
airport authority or one or more such political subdivisions jointly,
or by any two or more such political subdivisions jointly, or by a
regional airport authority and any one or more such political
or

subdivisions

jointly
of
the state, a local authority or authorities, or some combination
thereof
.
The department may also act as agent of any
regional
airport authority, county, or municipal corporation
local
authority
of
the state in any other matter connected with
the
acquisition, establishment, construction, enlargement, improvement,
equipment, or operation of airports, landing fields, and other air
navigation facilities
conducting
airport activities
.
In the discharge of its duties as such agent, the department may use
all its powers in the same manner as when acting for and
in

on

behalf
of the state.

(C)

The
department may approve or disapprove all contracts
,
grants,

and agreements for
the
acquisition, establishment, construction, enlargement, improvement,
equipment, or operation of airports, landing fields, and other air
navigation facilities
conducting
airport activities
insofar
as its rules require.

(D)

The
department may advise and cooperate with any regional airport
authority or political subdivision of this state or of any other
state, when it is acting jointly with a regional airport authority or
subdivision of this state, in all matters pertaining to
the
location, acquisition, establishment, construction, enlargement,
improvement, equipment, or operation of airports, landing fields, and
other air navigation facilities
airport
activities
.

(E)

All

federal

money
accepted by the department pursuant to
sections
4561.01 to 4561.151 of the Revised Code
this
chapter
shall
be deposited in the state treasury to the credit of the highway
operating fund. All such moneys shall be expended in accordance with
the terms imposed by the United States in making the grants thereof.

Sec.
4561.09.
Each

regional
airport authority, county, municipal corporation, and agency
local
authority
of
this state may accept, receive, and give receipt for federal funds
upon such terms as are prescribed by the laws of the United States
and any rules and regulations made thereunder, and may treat
similarly other funds, public or private, for
the
acquisition, establishment, construction, enlargement, improvement,
equipment, or operation of airports, landing fields, and other air
navigation facilities
conducting
airport activities
.

The
board of trustees of a regional airport authority and the legislative
body of each county or municipal corporation
A
local authority
may
designate the department of transportation as the agent of
such
regional airport authority, county, or municipal corporation
the
local authority
to
accept, receive, and
give

receipt
for federal funds upon such terms as are prescribed by the laws of
the United States and any rules or regulations made thereunder, and
to treat similarly other funds, public or private, for
the
acquisition, establishment, construction, enlargement, improvement,
equipment, or operation of airports, landing fields, and other air
navigation facilities
conducting
airport activities
,
whether such work is to be done by the
regional
airport authority, county, or municipal corporation
local
authority
alone,
or jointly with the state, or jointly with the state and other
counties or municipal corporations. Such
board
of trustees or legislative body
local
authority
may
designate the department as its agent in any other matter connected
with
the
acquisition, establishment, construction, enlargement, improvement,
equipment, or operation of airports, landing fields, and other air
navigation facilities
conducting
airport activities
,
and may enter into, or authorize the
executive
department
designee

of
such
political
subdivision
local
authority
to
enter into, an agreement with the department prescribing the terms of
such agency, in accordance with the laws of the United States and any
rules or regulations made thereunder.

All
contracts
and
grants
for

the
acquisition, establishment, construction, enlargement, improvement,
equipment, or operation of airports, landing fields, or other air
navigation facilities
airport
activities
made
by a
regional
airport authority, county, municipal corporation,
local
authority

or agency of this state shall be made
pursuant
to the
only
for public-use, publicly owned airports and shall comply with all
applicable state and federal
laws

of this state
,
rules, and regulations
governing
the making of such contracts

and grants
;
provided that when the acquisition, establishment, construction,
enlargement, improvement, equipment, or operation of airports,
landing fields, or other air navigation facilities is financed wholly
or partly with federal funds, the regional airport authority, county,
municipal corporation, or agency of this state may let contracts in
the manner prescribed by the federal authorities acting under the
laws of the United States and any rules or regulations made
thereunder
.

Sec.
4561.11.
(A)
All
publicly
and privately owned
airports,
landing fields, and landing areas
,
including those located on public waters,

shall be
inspected
and
approved
by the department of transportation before being used for commercial
purposes. The department may issue a certificate of approval in each
case.
The

In
accordance with Chapter 119. of the Revised Code, the
department
shall
require
that a complete plan of such airport, landing field, or landing area

establish
the documents and information required to
be
filed with
it

the
department
before

granting
or issuing
it
will grant or issue
such
approval; provided that in no case in which the department licenses
or certifies
for
commercial operations
an
airport, landing field, or landing area constructed, maintained, or
supported, in whole or in part, by public funds, under
sections
4561.01 to 4561.151 of the Revised Code
this
chapter
,
shall the public be deprived of the use thereof or its facilities for
aviation purposes as fully and equally as all other parties.

In
any case in which the department rejects or disapproves an
application to
commercially

operate
an airport, landing field, or landing area, or in any case in which
the department issues an order requiring certain things to be done
before approval, it shall set forth its reasons therefor and shall
state the requirements to be met before such approval will be given
or such order modified or changed. In any case in which the
department considers it necessary, it may order the closing of any
airport, landing field, or landing area for commercial purposes until
the requirements of the order made by the department are complied
with.

Appeal
from any action or decision of the department in any such matter
shall be made in accordance with sections 119.01 to 119.13 of the
Revised Code.

The
department shall require that any person engaged within this state in
operating aircraft, in any form of navigation, shall be the holder of
a currently effective aviator's license issued by the civil
aeronautics administration.

The
aviator's license required by this section shall be kept in the
personal possession of the pilot when the pilot is operating aircraft
within this state, and shall be presented for inspection upon the
request of any passenger, any authorized representative of the
department, or any official manager or person in charge of any
airport, landing field, or area in this state upon which the pilot
lands.

(B)
Whoever violates this section shall be fined not more than five
hundred dollars, imprisoned not more than ninety days, or both.

Sec.
4561.12.
(A)
Unless operated by the department of transportation or its agents, no
aircraft shall be operated
or
maintained
on
any public land or water owned or controlled by this state, or by any
political subdivision of this state, except at such places and under
such rules and regulations governing and controlling the operation

and
maintenance
of
aircraft as are adopted and
promulgated

amended

by
the department in accordance with sections 119.01 to 119.13 of the
Revised Code.

Such
action and approval by the department shall not become effective
until it has been approved by the adoption and
promulgation

amendment

of
appropriate rules governing, controlling, and approving said places
and the method of operation
and
maintenance
of
aircraft, by the department, division, political subdivision, agent,
or agency of this state having ownership or control of the places on
said public land or water which are affected by such operation
or
maintenance
of
aircraft thereon.

(B)
Whoever violates this section shall be fined not more than five
hundred dollars, imprisoned not more than ninety days, or both.

Sec.
4561.14.
(A)
No person shall
operate

do
any of the following:

(1)
Operate
any

civil

aircraft
in this state unless
such

the

person
is the holder of a valid
aviator's
license
pilot
certification or authorization
issued
by the United States
.

No
person operating an aircraft within this state shall fail

or a valid pilot certification or similar document issued or
validated by the country in which the aircraft is registered;

(2)
Fail
to
exhibit
such
license
the
certification or document
for
inspection upon the demand of any passenger on such aircraft, or
fail
to exhibit same for inspection
upon
the demand of any peace officer, member or employee of the department
of transportation, or manager or person in charge of an airport or
landing field within this state, prior to taking off or upon landing
said aircraft
.

No
person shall operate
;

(3)
Operate
an
aircraft within this state unless
such

the

aircraft
is licensed and registered by the United States
;
this section is inapplicable
.
This division does not apply
to
the operation of military aircraft of the United States, aircraft of
a
state,

territory
,

or possession of the United States, or aircraft licensed by a foreign
country with which the United States has a reciprocal agreement
covering the operation of such aircraft.

No
person shall operate
(4)
Operate
an
aircraft within this state in violation of any air traffic rules in
force under the laws of the United States or under
sections
4561.01 to 4561.14 of the Revised Code
this
chapter
,
and the rules and regulations of the department adopted pursuant
thereto.

(B)
Whoever violates this section shall be fined not more than five
hundred dollars, imprisoned not more than ninety days, or both.

Sec.
4561.15.
(A)
No person shall commit any of the following acts:

(1)
Carry passengers in an aircraft unless the person piloting the
aircraft is a holder of a valid
airperson's

air
crew
certificate
of competency issued by the United States that authorizes the holder
to carry passengers and the person is carrying any passenger in
accordance with the applicable certificate requirements; this
division of this section is inapplicable to the operation of military
aircraft of the United States, aircraft of a state, territory, or
possession of the United States, or aircraft licensed by a foreign
country with which the United States has a reciprocal agreement
covering the operation of such aircraft;

(2)
Operate an aircraft on the land or water or in the
air
space
airspace

over
this state in a careless or reckless manner that endangers any person
or property, or with willful or wanton disregard for the rights or
safety of others;

(3)
Operate an aircraft on the land or water or in the
air
space
airspace

over
this state while under the influence of intoxicating liquor,
controlled substances, or other habit-forming drugs;

(4)
Tamper with, alter, destroy, remove, carry away, or cause to be
carried away any object used for the marking of airports, landing
fields, or other aeronautical facilities in this state, or in any way
change the position or location of such markings, except by the
direction of the proper authorities charged with the maintenance and
operation of such facilities, or illegally possess any object used
for such markings;

(5)
Operate an unmanned aerial vehicle, as defined in section 4561.50 of
the Revised Code, on the land or water or in the
air
space
airspace

over
this state in a manner that knowingly endangers any person or
property or purposely disregards the rights or safety of others.

(B)
Jurisdiction over any proceedings charging a violation of this
section is limited to courts of record.

(C)
Whoever violates this section shall be fined not more than five
hundred dollars, imprisoned not more than six months, or both.

Sec.
4561.31.
(A)(1)
(A)

Notwithstanding
section 4561.01 of the Revised Code, as used in sections 4561.31 to
4561.40 of the Revised Code, "airport" means any airport
issued a commercial operating certificate and a medical use heliport.

(B)

Except
as provided in divisions
(D),

(E)
,

and (F) of this section,
no

any

person

shall
commence to
that
is required to file notice with the federal aviation administration
under 14 C.F.R. part 77 before the person may
install
,
erect, construct, establish, or alter

any structure or object of natural growth in this state
,
any part of which will penetrate or is reasonably expected to
penetrate into or through any airport's clear zone surface,
horizontal surface, conical surface, primary surface, approach
surface, or transitional surface without first obtaining
also
shall obtain
a
permit from the department of transportation under section 4561.34 of
the Revised Code.
The
replacement of an existing structure or object of natural growth
with, respectively, a structure or object that is not more than ten
feet or twenty per cent higher than the height of the existing
structure or object, whichever is higher, does not constitute
commencing to install a structure or object, except when any part of
the structure or object will penetrate or is reasonably expected to
penetrate into or through any airport's clear zone surface,
horizontal surface, conical surface, primary surface, approach
surface, or transitional surface. Such replacement of a like
structure or object is not exempt from any other requirements of
state or local law.

(2)
No person shall substantially change, as determined by the
department, the height or location of any structure or object of
natural growth in this state, any part of which, as a result of such
change, will penetrate or is reasonably expected to penetrate into or
through any airport's clear zone surface, horizontal surface, conical
surface, primary surface, approach surface, or transitional surface,
and for which installation had commenced or which was already
installed prior to October 15, 1991, without first obtaining a permit
from the department under section 4561.34 of the Revised Code. This
division does not exempt the structure or object from any other
requirements of state or local law.

(3)
No person shall substantially change, as determined by the
department, the height or location of any structure or object of
natural growth for which a permit was issued pursuant to section
4561.34 of the Revised Code, without first obtaining an amended
permit from the department under that section.

(B)

(C)

No
person shall install,
erect,
construct, establish, alter,
operate,
or maintain any structure or object of natural growth for which a
permit has been issued under section 4561.34 of the Revised Code,
except in compliance with the permit's terms and conditions and with
any rules or orders issued under
sections
4561.30 to 4561.39 of the Revised Code
this
chapter
.

(C)

(D)

The
holder of a permit issued under section 4561.34 of the Revised Code
,
with the department's approval,

may transfer the permit to another person who agrees to comply with
its terms and conditions
.
The transferor shall notify the department of the transfer not later
than sixty days after the transfer
.

(D)
Any
(E)
A
person

who
receives
shall
apply for
a
permit to
install,
erect,
construct,
establish,
substantially
change,
or

substantially

alter
a structure or object of natural growth from an airport zoning board

on
or after October 15, 1991,
under
Chapter 4563. of the Revised Code
when
both of the following apply:

(1)
The airport zoning board exists in the geographical area of the
proposed installation, erection, construction, establishment, or
alteration of the structure or object of natural growth.

(2)
The airport zoning board has adopted airport zoning regulations
pursuant to section 4563.032 of the Revised Code.

Any
person required to apply for a permit from the airport zoning board
under this division
is
not required to apply for a permit from the department under
sections
4561.30 to 4561.39 of the Revised Code, provided that the airport
zoning board has adopted airport zoning regulations pursuant to
section 4563.032 of the Revised Code
this
chapter
.

(E)

(F)

Any
person
who
receives
required
to apply for
a
certificate from the power siting board pursuant to section 4906.03
or 4906.10 of the Revised Code
on
or after October 15, 1991,
is
not required to apply for a permit from the department under
sections
4561.30 to 4561.39 of the Revised Code
this
chapter
.

(F)
Any person who, in accordance with 14 C.F.R. 77.11 to 77.19, notified
the federal aviation administration prior to June 1, 1991, that the
person proposes to construct, establish, substantially change, or
substantially alter a structure or object of natural growth is not
required to apply for a permit from the department under sections
4561.30 to 4561.39 of the Revised Code in connection with the
construction, establishment, substantial change, or substantial
alteration of the structure or object of natural growth either as
originally proposed to the federal aviation administration or as
altered as the person or the federal aviation administration
considers necessary, provided that the federal aviation
administration, pursuant to 14 C.F.R. Part 77, does not determine
that the proposed construction, establishment, substantial change, or
substantial alteration of the structure or object of natural growth
would be a hazard to air navigation.

(G)(1)
Whoever violates division
(A)(1)
or (2)
(B)

of this section is guilty of a misdemeanor of the third degree. Each
day of violation constitutes a separate offense.

(2)
Whoever violates division
(A)(3)
or (B)
(C)

of
this section is guilty of a misdemeanor of the first degree. Each day
of violation constitutes a separate offense.

Sec.
4561.32.
(A)
In accordance with Chapter 119. of the Revised Code, the department
of transportation shall adopt, and may amend and rescind, any rules
necessary to administer sections
4561.30
4561.31

to
4561.39
4561.40

of the Revised Code
and
shall adopt rules
based

in
whole
upon
the obstruction standards set forth in 14 C.F.R.
77.21
to 77.29, as amended
part
77
,
to uniformly regulate the height and location of structures and
objects of natural growth
in
any airport's clear zone surface, horizontal surface, conical
surface, primary surface, approach surface, or transitional
surface
that
are considered an obstruction to air navigation in accordance with
those federal standards
.
The rules shall provide that the department
,
upon a determination that the height and location of a structure or
object of natural growth, as set forth in the permit application,
will be an obstruction,

may grant a permit under section 4561.34 of the Revised Code that
includes a waiver from full compliance with the obstruction standards

found in 14 C.F.R. part 77
.
The rules shall
also

provide

that
the department shall base its
what
information shall be included in the department's
decision

on
whether
to
grant such a waiver on sound aeronautic principles,

as set out in F.A.A. technical manuals, as amended, including
advisory circular 150/5300-13, "airport design standards";
7400.2c, "airspace procedures handbook,"; and the U.S.
terminal procedures handbook

including the results of any studies or investigations conducted and
any federal aviation administration technical manuals, advisory
circulars, airport design standards, airspace procedures, and the
U.S. terminal procedures that were consulted
.

The
consideration of safety shall be paramount to considerations of
economic or technical factors. In making a determination under this
division, the department may consider findings and recommendations of
other government entities and interested persons concerning the
proposed structure or object of natural growth. However, those
findings and recommendations are not binding on the department.

(B)
The department may conduct any studies or investigations it considers
necessary to carry out sections
4561.30
4561.31

to
4561.39
4561.40

of the Revised Code

or may enter into any contract for those services
.

Sec.
4561.33.
(A)
An applicant for a permit required by section 4561.31 of the Revised
Code shall
file
with the department of transportation an application made on forms
the department prescribes, which shall contain the following
information:

(1)
A description of the structure or object of natural growth for which
the permit is sought, its location, and the planned date of
commencement of installation;

(2)
A statement explaining the need for the structure or object;

(3)
A statement of the reasons why the proposed location is best suited
for the structure or object;

(4)
Any additional information the applicant considers relevant or the
department requires
.

An
application for an amended permit shall be in the form and contain
the information the department prescribes.

In
lieu of an application prescribed by the department, an applicant may
file a copy of the
submit
a completed
federal
aviation
administration's

administration

form
7460-1,
"
notice
of proposed construction or alteration
"
to the federal aviation administration. Such submission shall serve
as the application for the permit required from the department of
transportation
.

(B)

An
applicant shall file an application not less than thirty days nor
more than two years prior to the planned date of commencement of
installation or substantial change. This period may be waived by the
department for unforeseen emergencies.

(C)
If the structure or object in the application could have a potential
impact on a military installation, as such an impact is described in
the airfield land use compatibility study of that military
installation, the applicant shall send, within seven days after the
filing of his application, a copy of the application to the commander
of the installation and the appropriate branch of the United States
department of defense.

(D)

It
is not necessary that ownership of, option for, or other possessory
right to a specific site be held by the applicant before an
application may be filed under this section.

(E)

(C)

If
the department has reason to believe that any person
has
or
is
commencing to install
,
erect, construct, establish, or alter

a structure or object of natural growth for which a permit appears to
be required under section 4561.31 of the Revised Code, but concerning
which no application for a permit under section 4561.34 of the
Revised Code has been filed

or no permit issued
,
the department shall issue an order to such person to appear before
the department and show cause why a permit need not be obtained.

Sec.
4561.34.
(A)
The department of transportation, subject to Chapter 119. of the
Revised Code, shall grant or deny a permit
or
grant a permit with waiver from obstruction standards
for
which an application has been filed under section 4561.33 of the
Revised Code. In determining whether to grant or deny a permit, the
department shall
determine
whether the height and location of a structure or object of natural
growth, as set forth in the permit application, will be an
obstruction to air navigation based upon the rules adopted under
section 4561.32 of the Revised Code if installed as proposed. In the
case of an application to substantially change an existing structure
or object, the department shall determine whether the change in the
height or location of the structure or object, as set forth in the
application, will create such an obstruction. The consideration of
safety shall be paramount to considerations of economic or technical
factors. In making a determination under this division the department
shall render its decision upon the record, but may consider findings
and recommendations of other governmental entities and interested
persons concerning the proposed structure or object; however, those
findings and recommendations are not binding on the department
conduct
its own study and review of the permit application concurrent with
the federal aviation administration's review. Not later than
seventy-five days after the federal aviation administration issues
its final determination, the department shall grant the permit, deny
the permit, or grant a permit with waiver from obstruction standards.
In making the department's decision, the department shall do one of
the following:

(1)
If a federal aviation administration form 7460-1 was filed, but the
proposed installation, erection, construction, establishment, or
alteration does not meet the notification standards under 14 C.F.R.
part 77, the department shall issue a written statement to the
applicant that no permit is required.

(2)
If the federal aviation administration issues a determination of
hazard, the department shall deny the permit.

(3)
If the federal aviation administration issues a determination of no
hazard and the proposed installation, erection, construction,
establishment, or alteration will not be an obstruction to the
navigable airspace of an airport, the department shall issue a
permit.

(4)
If the federal aviation administration issues a determination of no
hazard, but the proposed installation, erection, construction,
establishment, or alteration will be an obstruction to the navigable
airspace of an airport, the department shall make a determination of
whether to grant a permit with waiver from obstruction standards
pursuant to section 4561.32 of the Revised Code or to deny the
permit. Prior to the department's determination, all of the following
shall occur:

(a)
Not later than five business days after the receipt of the federal
aviation administration's final determination, the department shall
contact the airport sponsor and request a written decision, on
official letterhead, as to the federal aviation administration's
determination of no hazard. If the airport sponsor objects to the
determination of no hazard, the airport sponsor within its written
decision shall list the specific aeronautical impacts the obstruction
would have to its facility or to the navigable airspace of the
airport. The decision also shall include any proposed conditions or
modifications that would allow the obstruction to exist in the
navigable airspace of the airport.

(b)
The airport sponsor shall submit the written decision to the
department not later than sixty days after the federal aviation
administration's determination is final
.

(c)
Not later than five days after receipt of the airport sponsor's
written decision, the department shall forward that written decision
to the permit applicant. The permit applicant may submit additional
information to the department in response to the airport sponsor's
written decision not later than seven days after receipt of the
written decision. If submitted, the department shall consider any
additional information in making its decision regarding the permit.

(B)

The

If
a permit is denied, the
department

may
grant a permit under this section subject to
shall
indicate
any
modification
of

to

the
height or location of
a
structure or object the department considers necessary. In the
absence of such modification or unless it grants a waiver from
compliance with the obstruction standards, the department shall deny
a permit if it determines, in accordance with division (A) of this
section, that a proposed structure or object or a change to an
existing structure or object, as set forth in the application, would
be an obstruction to air navigation based upon the rules adopted
under section 4561.32 of the Revised Code
the
proposed installation, erection, construction, establishment, or
alteration that would allow the department to issue the permit
.

(C)
In rendering a decision on an application for a permit, the
department shall issue an opinion stating
its
reasons for the action taken. The department
all
factors it considered in making its decision, and
shall
serve upon the applicant and
each
party, as provided in division (C) of section 4561.33 of the Revised
Code,
the
applicable airport sponsor
a
copy of its decision regarding a permit and the opinion.

The department shall include with the copy of its decision a notice
that an appeal of the decision may be made in accordance with Chapter
119. of the Revised Code.

(D)
Any written decisions issued in accordance with this section may be
sent to the recipient through electronic means, in addition to
regular mail, in order to expedite sharing the content of the
decision.

Sec.
4561.341.
Pursuant
to any consultation with the power siting board regarding an
application for certification under section 4906.03 or 4906.10 of the
Revised Code, the office of aviation
of
the division of multi-modal planning and programs
of
the department of transportation shall review the application to
determine whether the facility constitutes or will constitute an
obstruction to air navigation based upon the rules adopted under
section 4561.32 of the Revised Code. Upon review of the application,
if the office determines that the facility constitutes or will
constitute an obstruction to air navigation, it shall provide, in
writing, this determination and either the terms, conditions, and
modifications that are necessary for the applicant to eliminate the
obstruction or a statement that compliance with the obstruction
standards may be waived, to the power siting board under section
4906.03 or 4906.10 of the Revised Code, as appropriate.

Sec.
4561.35.
The
department of transportation shall specify all of the following in
each permit
and
each permit with a waiver
granted
under section 4561.34 of the Revised Code:

(A)
The terms and conditions regarding the height and location of the
structure or object of natural growth that the department considers
necessary to ensure the safety of aircraft in landing or taking off
at any airport, the safety of persons occupying or using such area,
and the security of property, including any modifications to the
height or location of the structure or object of natural growth set
forth in the permit application. If the department modifies the
location of all or part of a proposed structure or object, it shall
provide notice of the relocation to the municipal corporation or
township and the county to which the structure or object is being
relocated, and the persons residing in the area of the relocation, by
whatever means the department considers appropriate.

(B)
The obstruction markers, markings, lighting, or other visual or aural
identification, if any, that must be installed on or in the vicinity
of the structure or object of natural growth as a condition of the
permit. Any such identification shall conform as much as practicable
to federal guidelines and standards. As a condition of the permit,
the department
shall

may

require
that any required lighting be maintained in operable condition.

Sec.
4561.36.
(A)
The department of transportation shall not issue any permit under

sections
4561.30 to 4561.39 of the Revised Code
this
chapter
that
will result in the creation of an obstruction
to
air navigation
based
upon the rules adopted under section 4561.32 of the Revised Code,
unless the department waives compliance with the obstruction
standards included in those rules.

(B)

Sections
4561.30 to 4561.39 of the Revised Code do
This
chapter does
not
authorize the department to restrict the height or location of
structures or objects of natural growth under
those
sections
the
chapter
for
any reason other than to ensure the safety of aircraft in landing and
taking off at an airport, the safety of persons occupying or using
the area, and the security of property.

Sec.
4561.37.
Sections
4561.30 to 4561.39 of the Revised Code
(A)(1)
This chapter and the rules adopted under it
shall
not be construed to require the removal or lowering of
,

or the making of any other change
in

to,

any
structure or object of natural growth
not
conforming to rules or orders of the department of transportation
under those sections when adopted or amended, or otherwise interfere
with the continuance of any nonconforming use; except that, if
ordered by the department, the
that
was in existence prior to the original enactment of this section on
October 15, 1991, or for which a permit, a written statement of no
permit required, or a permit with waiver from obstruction standards
was issued by the department of transportation.

(2)
Division (A)(1) of this section does not apply if the structure or
object of natural growth was altered in a way that is contrary to the
terms and conditions of the issued permit.

(B)
A structure or object of natural growth is subject to the laws and
rules that are effective as of the issue date of the permit for the
structure's or object of natural growth's installation, erection,
construction, establishment, or alteration. However, any substantial
change to the structure or substantial growth to the object of
natural growth is subject to the laws and rules that are effective as
of the date the substantial change or growth occurs.

(C)
The
owner
of a nonconforming structure or object that is permanently out of
service
,

or
is

partially
dismantled, destroyed, deteriorated, or decayed shall demolish or
remove that structure or object
;
and, if
.
If
any
nonconforming use is voluntarily discontinued for two years or more,
any future use of the premises shall be in conformity with
sections
4561.30 to 4561.39 of the Revised Code
this
chapter
.

Sec.
4561.38.
With
respect to any structure or object of natural growth for which a
permit is required under section
4561.34

4561.31

of
the Revised Code, rules adopted or orders issued under
sections
4561.30 to 4561.39 of the Revised Code
this
chapter
and
the terms and conditions of any permit issued under
those
sections
it

prevail
in the event of a conflict with any airport zoning regulation adopted
under sections 4563.01 to 4563.21 of the Revised Code, any local
regulation under section 4905.65 of the Revised Code, any zoning
regulation otherwise applicable to the structure or object, or the
terms or conditions of any permit issued under sections 4563.01 to
4563.21 of the Revised Code after
the
effective date of this section
the
effective date of this amendment
.

Sec.
4561.39.
In
addition to any other remedy provided by law, the department of
transportation

or an airport sponsor

may institute in any court of competent jurisdiction an action to
prevent, restrain, correct, or abate any alleged violation or
threatened violation of
sections
4561.30 to 4561.39 of the Revised Code
this
chapter
or
any rule adopted or order issued under
them
it
.
The court may grant such relief as may be necessary.

Sec.
4561.40.
The
department of transportation and the office of aviation are not
liable for any damages caused by a structure or object of natural
growth that is an obstruction if any of the following apply:

(A)
The structure or object of natural growth was installed, erected,
constructed, established, or altered without a permit issued under
this chapter.

(B)
A permit was issued under this chapter for the structure or object of
natural growth, but the structure or object of natural growth was
installed, erected, constructed, established, altered, or allowed to
grow in a manner that is not in compliance with the terms and
conditions of the permit.

(C)
The structure or object of natural growth was installed, erected,
constructed, established, or altered pursuant to a certificate issued
by the power siting board pursuant to section 4906.03 or 4906.10 of
the Revised Code.

(D)
The structure or object of natural growth was installed, erected,
constructed, established, or altered pursuant to a permit issued by
an airport zoning board pursuant to Chapter 4563. of the Revised
Code.

Sec.
4561.99.
Whoever
violates any provision of
sections
4561.021 to 4561.13 of the Revised Code
this
chapter
for
which no penalty otherwise is provided in the section that contains
the provision violated shall be fined not more than five hundred
dollars, imprisoned not more than ninety days, or both.

Sec.
4563.01.
As
used in
sections
4563.01 to 4563.21 of the Revised Code
this
chapter
:

(A)
"Airport" means any area of land
or
water
designed
and set aside for the landing and taking off of aircraft, and for
that purpose possessing one or more hard surfaced runways of a length
of not less than
three

one

thousand

five

eight

hundred
feet, and designed for the storing, repair, and operation of
aircraft, and utilized or to be utilized in the interest of the
public for such purposes, and any area of land designed for such
purposes for which designs, plans, and specifications conforming to
the above requirements have been approved by the office of aviation

of
the division of multi-modal planning and programs
of
the department of transportation and for which not less than seventy
per cent of the area shown by such designs and plans to constitute
the total area has been acquired. An airport is "publicly owned"
if the portion thereof used for the landing and taking off of
aircraft is owned, operated, leased to, or leased by the United
States, any agency or department thereof, this state or any other
state, or any political subdivision of this state or any other state,
or any other governmental body, public agency, or public corporation,
or any combination thereof.

(B)
"Airport hazard" means any structure or object of natural
growth or use of land within an airport hazard area that obstructs
the
air
space
airspace

required
for the flight of aircraft in landing or taking off at any airport or
is otherwise hazardous to
such
landing or taking off of aircraft
air
navigation
.

(C)
"Airport hazard area" means any area of land adjacent to an
airport that has been declared to be an "airport hazard area"

by
the office of aviation in connection with any airport approach plan
recommended by the office
as
depicted on an approved airport approach plan
.

(D)
"Political subdivision" means any municipal corporation,
township, or county.

(E)
"Person" means any individual, firm,

copartnership
partnership
,
corporation, company, association, joint stock association, or body
politic and includes any trustee, receiver, assignee, or other
similar representative thereof.

(F)
"Structure"
means
any erected object, including, without limitation, buildings, towers,
smokestacks, and overhead transmission lines
has
the same meaning as in section 4561.01 of the Revised Code
.

(G)
"Navigable airspace" has the same meaning as in section
4561.01 of the Revised Code.

Sec.
4563.03.
(A)
When an airport is publicly owned and all airport hazard areas
appertaining to such airport are located inside the territorial
limits of one political subdivision, the legislative authority of the
political subdivision shall constitute the airport zoning board. Such
legislative authority, acting as the airport zoning board, may adopt,
administer, and enforce airport zoning regulations for such airport
hazard area. Airport zoning regulations may divide an airport hazard
area into zones, and, within such zones, regulate and restrict land
uses which by their nature constitute airport hazards, and regulate
and restrict the height to which structures may be erected or objects
of natural growth may be allowed to grow.
An
obstruction of air space in an airport hazard area rising to a height
not in excess of forty feet above the established elevation of the
airport, or three feet for each one hundred feet or fraction thereof
its location is distant from the nearest point in the perimeter of
the airport, whichever is greater, shall be prima facie reasonable.

(B)
When an airport is publicly owned and any airport hazard area
appertaining to such airport is located in more than one political
subdivision, the board of county commissioners of each county in
which such airport or such airport hazard area may exist, shall
constitute the airport zoning board, which shall have the same power
to adopt, administer, and enforce airport zoning regulations as
provided in division (A) of this section. The board shall elect its
own

chairman

chairperson
.

Sec.
4563.031.
Within
the approach, transitional,
inner

horizontal,
and conical areas at a publicly owned airport, an airport zoning
board constituted under section 4563.03 of the Revised Code may
adopt, administer, and enforce zoning regulations, in addition to its
regulations adopted under section 4563.03 of the Revised Code, in
order to ensure the safety of
the
navigable airspace,
persons
occupying or using such areas
,

and the security of property located within such areas. Airport
zoning regulations may divide such approach, transitional,
inner

horizontal,
and conical areas into zones, and within such zones, regulate and
restrict land use in order to minimize injury, loss of life, and
hazards to the safety of persons or to the security of property
within such zones, and may include regulations governing population
density and concentration of persons within such zones.

Prior
to initial zoning under this section, the procedures set forth in
sections 4563.05, 4563.06, and 4563.08 of the Revised Code for
establishing the boundaries of the various zones and adopting the
regulations therefor, shall be followed. "Approach area,"
"transitional area," "
inner

horizontal
area," or "conical area," respectively, means any area
of land adjacent to an airport and within an airport hazard area,
which has been declared to be an "approach area,"
"transitional area," "
inner

horizontal
area," or "conical area" by the office of aviation,
based upon the approach plan for the airport. No zone established
under this section may include any area outside such approach,
transitional,
inner

horizontal,
and conical areas.

Sec.
4563.032.
Any
airport zoning board that adopts, administers, and enforces airport
zoning regulations for an airport hazard area under section 4563.03
of the Revised Code shall adopt, as
minimum

regulations,
the rules adopted by the department of transportation under section
4561.32 of the Revised Code that are based
in
whole
upon
the obstruction standards set forth in 14 C.F.R.
77.21
to 77.29, as amended,

part
77, in order
to
uniformly regulate the height and location of structures and objects
of natural growth
in
any airport's clear zone surface, horizontal surface, conical
surface, primary surface, approach surface, or transitional
surface
pursuant
to section 4563.031 of the Revised Code
.

Sec.
4563.04.
In
the event of conflict between any airport zoning regulations adopted
under
sections
4563.01 to 4563.21, inclusive, of the Revised Code
this
chapter
,
and any other zoning regulations applicable to the same area, whether
the conflict be with respect to the height of structures or objects
of natural growth, the use of land, or any other matter, and whether
such other regulations were adopted by the political subdivision
which adopted the airport zoning regulations or by some other
political subdivision, the limitation or requirement best calculated
to
insure

ensure

safety
shall govern.

Sec.
4563.05.
Prior
to initial zoning of any airport hazard area under
sections
4563.01 to 4563.21, inclusive, of the Revised Code
this
chapter
,
the airport zoning board which is to adopt the regulations shall
appoint a commission, to be known as the airport zoning commission,
to recommend the boundaries of the various zones to be established
and the regulations to be adopted therefor. Such commission shall
make a preliminary report and hold public hearings thereon before
submitting its final report, and the airport zoning board shall not
hold its public hearings or take other action until it has received
the final report of such commission. Where a city planning
commission, township zoning commission, or county rural zoning
commission already exists, it may be appointed as the airport zoning
commission.

Sec.
4563.06.
No
airport zoning regulations shall be adopted, amended, or changed
under
sections
4563.01 to 4563.21, inclusive, of the Revised Code
this
chapter
,
except by action of the legislative body of the political
subdivision, after a public hearing in relation thereto, at which
parties in interest and citizens shall have an opportunity to be
heard. At least thirty days notice of the hearing shall be published
in a newspaper of general circulation in the political subdivision in
which the airport hazard area to be zoned is located

and on the political subdivision's internet web site
.

Sec.
4563.07.
All
airport zoning regulations adopted under
sections
4563.01 to 4563.21, inclusive, of the Revised Code
this
chapter
shall
be reasonable, and none shall impose any requirement or restriction
which is not reasonably necessary to
insure

ensure

the
safety of
aircraft
in landing and taking off and
air
navigation,
the
safety of persons occupying or using the area
,

and the security of property thereon. In determining what regulations
are necessary, each political subdivision or airport zoning board
shall consider, among other things, the character of the flying
operations expected to be conducted at the airport, the per cent of
slope or grade customarily used in descent or ascent of the aircraft
expected to use the airport with reference to their size, speed, and
type, the nature of the terrain within the airport hazard area, the
character of the neighborhood, and the uses to which the property to
be zoned is put or is adaptable.

Sec.
4563.08.
In
order to define and determine the airport hazard area in which
airport zoning shall be applicable, the office of aviation, upon
request of any airport zoning commission appointed pursuant to
section 4563.05 of the Revised Code, shall
formulate
and adopt, and may revise when necessary,
review
and approve

an airport approach plan for any airport within its jurisdiction.

Each

The
airport zoning commission shall develop the
plan
.
The plan

shall indicate the airport hazard area, the circumstances under which
structures, objects of natural growth, public highways, and certain
uses of land would be airport hazards, and the height limits of
structures and objects of natural growth, and what other restrictions
should be contained in the airport zoning regulations. In
adopting
or revising
developing

the
plan, the
office

airport
zoning commission
shall
consider, among other things, the size, type, and speed of aircraft
expected to use the airport, the character of the flying operations
expected to be conducted at the airport, the traffic pattern and
regulations affecting flying operations at the airport, the location
of public highways, the nature of the terrain, the height of existing
structures and objects of natural growth above the level of the
airport, and the possibility of lowering or removing existing
obstructions. The
office

airport
zoning commission
may
obtain and consider information from and the opinion of any agency of
the federal government charged with the promotion, regulation, or
control of civil aeronautics as to the approaches necessary to safe
flying operations at the airport.

Sec.
4563.09.
No
airport zoning regulations adopted under
sections
4563.01 to 4563.21 of the Revised Code
this
chapter
shall
require the removal, lowering, or other change or alteration of any
structure or object of natural growth not conforming to the
regulations
when
adopted or amended
on
or before January 1, 2004
,
or otherwise interfere with the continuance of any nonconforming use,
except as provided in section 4563.14 of the Revised Code.

Sec.
4563.10.
Nothing
in
sections
4563.01 to 4563.21 of the Revised Code,
this
chapter

shall confer any power on any political subdivision or airport zoning
board to prohibit the use of any land for farming, dairying,
pasturage, apiculture, horticulture, floriculture, viticulture, or
animal and poultry husbandry, except where such use shall create an
airport hazard. The provisions of
sections
4563.01 to 4563.21 of the Revised Code
this
chapter
shall
not apply in respect to the location, relocation, erection,
construction, reconstruction, change, alteration, maintenance,
removal, use, or enlargement of any buildings or structures, now
existing or constructed in the future, of any public utility or
railroad.

Sec.
4563.11.
All
airport zoning regulations adopted under
sections
4563.01 to 4563.21, inclusive, of the Revised Code,
this
chapter

shall provide for the administration and enforcement of such
regulations. The duties of any administrative agency designated
pursuant to
sections
4563.01 to 4563.21, inclusive, of the Revised Code,
this
chapter

shall include that of issuing all permits under section 4563.12 of
the Revised Code.

Sec.
4563.12.
Airport
zoning regulations adopted under
sections
4563.01 to 4563.21, inclusive, of the Revised Code,
this
chapter

may require that a permit be obtained before any new structure or use
may be constructed or established and before any existing structure
or use may be substantially changed or substantially altered in an
airport hazard area. No permit shall be granted that would allow the
establishment or creation of an airport hazard, or permit a
nonconforming structure to be made higher or a nonconforming object
of natural growth to become higher or become a greater hazard to air
navigation than it was when the applicable regulations were adopted
or than it is when the application for a permit is made. If any
nonconforming use is voluntarily discontinued for two years or more,
any future use of the premises shall be in conformity with
sections
4563.01 to 4563.21, inclusive, of the Revised Code
this
chapter
.

Sec.
4563.13.
All
airport zoning regulations adopted under
sections
4563.01 to 4563.21, inclusive, of the Revised Code,
this
chapter

shall provide for an airport zoning board of appeals. Where a zoning
board of appeals already exists, it may be designated as the airport
zoning board of appeals. The airport zoning board of appeals, except
in those instances in which an existing zoning board of appeals is
designated as the airport zoning board of appeals, shall consist of
five members, each to be appointed for a term of three years by the
authority adopting the regulations and subject to removal by the
appointing authority for cause upon written charges and after public
hearing. The first members of such board of appeals shall be so
designated that two shall serve for one year, two shall serve for two
years, and one shall serve for three years.

Sec.
4563.16.
Any
person desiring to erect any structure, or increase the height of any
structure, or permit the increases in height of any object of natural
growth, or otherwise use

his

the person's

property in any manner in conflict with airport zoning regulations
adopted under
sections
4563.01 to 4563.21, inclusive, of the Revised Code
this
chapter
,
may apply to the airport zoning board of appeals for a variance from
the zoning regulations in question. Such variance shall be allowed
where a literal application or enforcement of the regulations would
result in unnecessary hardship and the relief granted would not be
contrary to the public interest or create conditions dangerous to the
safety of aircraft using the airport

or the navigable airspace of an airport
,
but would do substantial justice and would not be in conflict with
factors set down for consideration in
sections
4563.07 and 4563.08 of the Revised Code
this
chapter
.
The board of appeals may subject any variance to any reasonable
conditions that

they deem

it considers

necessary.

Sec.
4563.18.
(A)

Any
person aggrieved by any
Either
of the following may appeal a
decision

of

an
administrative agency made in its administration of airport zoning
regulations adopted under
sections
4563.01 to 4563.21, inclusive, of the Revised Code, or any
this
chapter:

(1)
Any person aggrieved by the decision;

(2)
Any
governing
body of a political subdivision or any airport zoning board
which
is of the opinion that a
that
considers the administrative agency's
decision

of
such an administrative agency is
an
improper application of airport zoning regulations

of concern to such governing body or board, may
.

The

appeal

shall
be made
to
the airport zoning board of appeals authorized to hear and decide
appeals from the decisions of
such

the

administrative
agency.

(B)
All appeals taken under this section shall be taken within twenty
days after an order is filed in the office of the administrative
agency, as provided by the rules of the airport zoning board of
appeals, by filing
with
the administrative agency from which the appeal is taken and with the
airport zoning board of appeals
a
notice of appeal specifying the grounds of such appeal.
The
notice of appeal shall be filed with the administrative agency from
which the appeal is taken and with the airport zoning board of
appeals.
The
administrative agency from which the appeal is taken shall transmit
to the airport zoning board of appeals all the papers constituting
the record upon which the action appealed from was taken.

(C)
An appeal shall stay all proceedings in furtherance of the action
appealed from unless the administrative agency from which the appeal
is taken certifies to the airport zoning board of appeals, after the
notice of appeal has been filed with it, that by reason of the facts
stated in the certificate a stay would, in its opinion, cause
imminent peril to life or property. In such cases proceedings shall
not be stayed other than by order of the airport zoning board of
appeals on notice of the agency from which the appeal is taken and on
due notice to the parties in interest.

(D)
The airport zoning board of appeals shall fix a reasonable time for
the hearing of appeals

that is not more than thirty days after the filing of the notice of
appeal
,
give public notice and due notice to the parties in interest, and
decide the same within a reasonable time. Upon the hearing any party
may appear in person, by agent, or by attorney.

(E)
The airport zoning board of appeals, in conformity with
sections
4563.01 to 4563.21, inclusive, of the Revised Code
this
chapter
,
may reverse, affirm wholly or partly, or modify, the order,
requirement, decision, or determination appealed from.

Sec.
4563.20.
(A)
No person shall violate any regulation, order, or ruling promulgated
or made pursuant to
sections
4563.01 to 4563.21 of the Revised Code
this
chapter
.

(B)
Whoever violates this section shall be fined not more than one
hundred dollars. Each day's willful continuation of the violation is
a separate offense.

Sec.
4563.21.
The
political subdivision or airport zoning board adopting zoning
regulations under
sections
4563.01 to 4563.21, inclusive, of the Revised Code,
this
chapter

may institute in any court of competent jurisdiction an action to
prevent, restrain, correct, or abate any violation of
sections
4563.01 to 4563.21, inclusive, of the Revised Code
this
chapter
,
or of airport zoning regulations adopted under
such
sections
it
,
or of any order or ruling made in connection with the administration
or enforcement. The court shall adjudge to the plaintiff such relief,
by way of injunction, which may be mandatory, or otherwise, as may be
proper under all the facts of and circumstances of the case, in order
fully to effectuate the purposes of
sections
4563.01 to 4563.21, inclusive, of the Revised Code,
this
chapter

and of the regulations adopted and orders and rulings made pursuant
thereto.

Sec.
4906.10.
(A)
The power siting board shall render a decision upon the record either
granting or denying the application as filed, or granting it upon
such terms, conditions, or modifications of the construction,
operation, or maintenance of the major utility facility as the board
considers appropriate. The certificate shall be subject to sections
4906.101, 4906.102, and 4906.103 of the Revised Code and conditioned
upon the facility being in compliance with standards and rules
adopted under section 4561.32 and Chapters 3704., 3734., and 6111. of
the Revised Code. An applicant may withdraw an application if the
board grants a certificate on terms, conditions, or modifications
other than those proposed by the applicant in the application.

The
board shall not grant a certificate for the construction, operation,
and maintenance of a major utility facility, either as proposed or as
modified by the board, unless it finds and determines all of the
following:

(1)
The basis of the need for the facility if the facility is an electric
transmission line or gas pipeline;

(2)
The nature of the probable environmental impact;

(3)
That the facility represents the minimum adverse environmental
impact, considering the state of available technology and the nature
and economics of the various alternatives, and other pertinent
considerations;

(4)
In the case of an electric transmission line or generating facility,
that the facility is consistent with regional plans for expansion of
the electric power grid of the electric systems serving this state
and interconnected utility systems, that the facility will serve the
interests of electric system economy and reliability, and, in the
case of an electric transmission line, that the facility must
consider implementing cost-effective advanced transmission
technologies to maximize the value, expand capacity, or improve the
reliability of the facility;

(5)
That the facility will comply with Chapters 3704., 3734., and 6111.
of the Revised Code and all rules and standards adopted under those
chapters and under section 4561.32 of the Revised Code. In
determining whether the facility will comply with all rules and
standards adopted under section 4561.32 of the Revised Code, the
board shall consult with the office of aviation
of
the division of multi-modal planning and programs
of
the department of transportation under section 4561.341 of the
Revised Code.

(6)
That the facility will serve the public interest, convenience, and
necessity;

(7)
In addition to the provisions contained in divisions (A)(1) to (6) of
this section and rules adopted under those divisions, what its impact
will be on the viability as agricultural land of any land in an
existing agricultural district established under Chapter 929. of the
Revised Code that is located within the site and alternative site of
the proposed major utility facility. Rules adopted to evaluate impact
under division (A)(7) of this section shall not require the
compilation, creation, submission, or production of any information,
document, or other data pertaining to land not located within the
site and alternative site.

(8)
That the facility incorporates maximum feasible water conservation
practices as determined by the board, considering available
technology and the nature and economics of the various alternatives.

(B)
If the board determines that the location of all or a part of the
proposed facility should be modified, it may condition its
certificate upon that modification, provided that the municipal
corporations and counties, and persons residing therein, affected by
the modification shall have been given reasonable notice thereof.

(C)
A copy of the decision and any opinion issued therewith shall be
served upon each party.

(D)
The board shall render a decision under this section not later than
one hundred fifty days after the date the application is determined
to be complete. If the board does not render a decision within the
time period required by this division, the application shall be
deemed approved by operation of law, and the board shall issue a
certificate to the applicant.

Section
2.
That
existing sections 4561.01, 4561.021, 4561.05, 4561.06, 4561.08,
4561.09, 4561.11, 4561.12, 4561.14, 4561.15, 4561.31, 4561.32,
4561.33, 4561.34, 4561.341, 4561.35, 4561.36, 4561.37, 4561.38,
4561.39, 4561.99, 4563.01, 4563.03, 4563.031, 4563.032, 4563.04,
4563.05, 4563.06, 4563.07, 4563.08, 4563.09, 4563.10, 4563.11,
4563.12, 4563.13, 4563.16, 4563.18, 4563.20, 4563.21, and 4906.10 of
the Revised Code are hereby repealed.

Section
3.
That
section 4561.30 of the Revised Code is hereby repealed.

Section
4.
This
act shall be known as the Airspace Protection Act.