Section 259.482a - Condition to issuance of permit allowing construction, replacement, or increase in height of certain structures. - Michigan Statutes

TALL STRUCTURE ACT (EXCERPT)
Act 259 of 1959

259.482a Condition to issuance of permit allowing construction, replacement, or increase in height of certain structures.

Sec. 2a.

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 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.

(j) A structure that violates a zoning ordinance adopted by a political subdivision under the airport zoning act, Act No. 23 of the Public Acts of the Extra Session of 1950, being sections 259.431 to 259.465 of the Michigan Compiled Laws, except to the extent permitted by the zoning ordinance.

History: Add. 1986, Act 296, Eff. Apr. 1, 1987