§ 259-482a

259.482a Issuance of permit allowing construction, replacement, or increase in height of certain structures; conditions.Sec. 2a. (1) The commission shall not issue a permit allowing construction, replacement, or an increase in height of a structure that violates the requirements of an applicable zoning ordinance adopted by a political subdivision under the airport zoning act, 1950 (Ex Sess) PA 23, MCL 259.431 to 259.465, unless the applicant has obtained the approval of a variance from the ordinance and an airspace study has been conducted by the commission resulting in a finding of noninterference to air navigation. (2) Unless an airspace study has been made by the commission resulting in a finding of noninterference to air navigation, the commission shall not issue a permit allowing construction of any of the following structures, or replacement of or an increase in the height of a structure that creates any of the following structures: (a) A structure that is over 500 feet above ground elevation at the structure's site and that is within 2 miles of a well-defined natural landmark such as a shoreline or river; a manmade landmark such as a railroad, canal, or road; or a low

ve ground elevation at the structure's site and that is within 2 miles of a well-defined natural landmark such as a shoreline or river; a manmade landmark such as a railroad, canal, or road; or a low altitude airway. (b) A structure of a height that would increase the minimum obstruction clearance altitude, the minimum safe altitude prescribed by the FAA, or the minimum altitude required for a safe instrument approach. (c) A structure that would encroach into a runway's primary surface. (d) A structure of a height that would penetrate a runway's approach surface. (e) A structure of a height that would penetrate a runway's transitional surface. (f) A structure of a height that would penetrate a runway's horizontal surface. (g) A structure of a height that would penetrate a runway's conical surface. (h) A structure that would encroach into a heliport primary surface. (i) A structure of a height that would penetrate a heliport approach surface. History: Add. 1986, Act 296, Eff. Apr. 1, 1987 ;-- Am. 2016, Act 28, Eff. May 30, 2016