Delaware Administrative Code
Title 2 - Transportation
2000 - Department of Transportation
2150 - Office of Aeronautics
2152 - Delaware Airport Obstruction Regulation
Section 2152-6.0 - Building Permit Process
Universal Citation: 2 DE Admin Code 2152-6.0
Current through Register Vol. 28, No. 3, September 1, 2024
6.1 As stated in the law, a Building Permit, issued by the County or municipality having land use jurisdiction, shall first be reviewed by the Delaware Office of Aeronautics if it meets the description and/or conditions set forth in Section 4 of this regulation. Such Building Permit for the construction or alteration of each object or structure shall not be issued by the issuing authority until such time as the Office of Aeronautics has approved the application.
6.2 The process of review for a Building Permit application as it pertains to any obstruction or potential obstruction impacting aviation shall be as follows:
6.2.1
Initial Review.Appropriate County and local municipalities responsible for
zoning shall conduct the initial review of the Building Permit application.
Using the maps provided by the Office of Aeronautics, the agencies shall make a
determination whether or not the proposed building or structure invokes the
notice requirements listed above. If the proposed structure exceeds the height
of the imaginary surfaces around a particular airport, the application, with
the completed notice form, shall be referred to the Office of Aeronautics for
review.
6.2.2 Office of Aeronautics
Evaluation. Once the Building Permit and completed notice form
reach the Office of Aeronautics, an evaluation of the impact on air safety
shall be conducted. If, in the opinion of the Office of Aeronautics, the
proposed building or structure poses an obstruction to air navigation, or if,
in the opinion of the Office of Aeronautics, the proposed building or structure
unduly limits the planned development of an airport in question, that permit
shall be denied.
6.2.3
Criteria.Criteria used in the evaluation process shall include FAR, Part 77,
and approved airport master plans and the current State Aviation System Plan.
FAR Part 77 criteria should focus on the imaginary surfaces for approach areas
and transitional or lateral boundaries. The master plans and system planning
information should examine future airport plans for development, and
incorporate those plans into potential future FAR Part 77 surfaces.
6.2.4 Approval.If the Office of Aeronautics,
finds that no obstruction to air navigation results from the proposed structure
and that the development does not limit the operation or development of an
airport in question, the Building Permit shall be approved. The Office of
Aeronautics shall approve or reject the Building Permit application within 30
days of receipt. If the Building Permit is requested under emergency conditions
involving essential public services, public health, or public safety, that
require immediate construction or alteration, the Office of Aeronautics may
expedite the review and approval or disapproval process as soon thereafter as
practical.
Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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