Sec. 6. (a) Upon receiving an application for a
permit, the
department shall make such investigation as may be necessary to properly process the application under this chapter. The investigation shall be conducted so as to determine, in the opinion of the department, if the proposed
structure erected in the proposed location would have a substantial adverse effect upon the safe and efficient use of the navigable airspace and would be a hazard to air navigation if constructed. The department may take into consideration findings and recommendations of other governmental agencies or interested persons concerning the proposed structure; however, such findings or recommendations are not binding on the department. Further, the requirements of this chapter do not supersede any other law.
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Terms Used In Indiana Code 8-21-10-6
- Department: refers to the Indiana department of transportation. See Indiana Code 8-21-10-2
- Permit: means a permit issued by the department under this chapter. See Indiana Code 8-21-10-2
- Structure: means any object constructed or installed by man including, but not limited to, cranes, buildings, towers, smokestacks, electronic transmission or receiving towers, buildings used for a noise sensitive purpose, and antennae and overhead transmission lines. See Indiana Code 8-21-10-2
(1) a public use airport is located within a five (5) nautical mile radius surrounding the structure, regardless of county lines; and
(2) the structure that is the subject of the permit is:
(A) a new structure; or
(B) an existing structure to which additional height is added.
As added by P.L.117-1983, SEC.1. Amended by P.L.54-2002, SEC.3; P.L.42-2011, SEC.21.
