Section 50-9-1 - Height of structures within proximity of airport--Commission approval ofconstruction or alteration required--Exception. - South Dakota Statutes

50-9-1. Height of structures within proximity of airport--Commission approval of construction or alteration required--Exception. Any public utility, power district, or other governmental subdivision, or any person, association, corporation, limited liability company, or partnership, before engaging in the construction or alteration which extends the height, in the state, of any overhead line, cable, pipeline, outdoor theater, derricks, towers, or other structures within two miles from the nearest boundary of any airport which has been approved by the commission for public use by aircraft, the height of which is over ten feet above the elevation of an airport, for each five hundred feet of distance from the nearest boundary of the airport, before the alteration or construction of any such item or structure, shall file an application with and obtain the approval of the commission, for permission to enter upon and complete such construction or alteration. However, no application is needed if the construction or alteration is within the corporate limits of a municipality and is adjacent to other structures of a permanent character which are an equal or greater height than the construction or alteration proposed.

Source: SL 1953, ch 3, § 1; SDC Supp 1960, § 2.0210; SL 1992, ch 60, § 2; SL 1994, ch 351, § 142; SL 2010, ch 227, § 41.