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.(b) The department must consider an application for a permit for a period of sixty (60) days before making a final determination on the permit if:(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 tical 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.
Indiana Legal Code