Current through Register Vol. 63, No. 9, September 1, 2024
(1) Each proponent of any of the following
construction or alteration shall notify the Director in the form and manner
prescribed in OAR 738-070-0080.
(a) Any construction or alteration of more
than 200 feet in height above the ground level at its site;
(b) Any construction or alteration of greater
height than an imaginary surface extending outward and upward at one of the
following slopes:
(A) 100 to 1 for a
horizontal distance of 20,000 feet from the nearest point of the nearest runway
of each airport specified in subsection (e) of this section with at least one
runway more than 3,200 feet in actual length, excluding heliports;
(B) 50 to 1 for a horizontal distance of
10,000 feet from the nearest point of the nearest runway of each airport
specified in subsection (e) of this section with its longest runway no more
than 3,200 feet in actual length, excluding heliports;
(C) 25 to 1 for a horizontal distance of
5,000 feet from the nearest point of the nearest landing and take-off area of
each heliport specified in subsection (e) of this section.
(c) Any highway, railroad, or other traverse
way for mobile objects if of greater height than the standards of subsection
(a) or (b) of this section after their height has been adjusted upward by one
of the following:
(A) 17 feet for an
interstate highway that is part of the National System of Military and
Interstate Highways;
(B) 15 feet
for any other public roadway;
(C)
10 feet or the height of the highest mobile object that would normally traverse
the road, whichever is greater, for a private road;
(D) 23 feet for a railroad;
(E) For a waterway or any other traverse way,
an amount equal to the height of the highest mobile object that would normally
use it.
(d) When
requested by the Department, any construction or alteration that would be in an
instrument approach area (defined in the FAA standards governing instrument
approach procedures) and available information indicates it might exceed a
standard of OAR 738-070-0100;
(e) Any construction or alteration on any of
the following airports (including heliports):
(A) An airport that is available for public
use and is listed in the airport directory of the current Airman's
Information Manual or in the Oregon Aviation System
Plan;
(B) An airport under
construction, that is the subject of a notice or proposal on file with the
Federal Aviation Administration, or the Department, when it is clearly
indicated that that airport will be available for public use.
(2) Each proponent of a
construction or alteration that is the subject of a notice under section (1) of
this rule, and is advised by the Department that a supplemental notice is
required, shall submit that supplemental notice on a prescribed form to be
received by the Department at least 48 hours before the start of the
construction or alteration.
(3)
Each proponent who undertakes construction or alteration that is the subject of
a notice under section (1) of this rule, shall, within five days after that
construction or alteration reaches its greatest height, submit a supplemental
notice on a prescribed form to the Department, if:
(a) The construction or alteration is more
than 200 feet above the surface level of its site; or
(b) The Department advises the proponent that
submission of the form is required.
Publications: Publications referenced are available from the
agency.
Stat. Auth.: ORS 184, ORS 835 & ORS 836
Stats. Implemented: ORS
836.530
