Fla. Admin. Code R. 14-121.001

Current through Reg. 51, No. 009; January 14, 2025
Section 14-121.001 - Purpose, Definitions, and Designation of Signature Authority
(1) Purpose. The purpose of this rule chapter is to promote flight safety by providing airspace protection pursuant to Chapter 333, F.S.
(2) Definitions. For the purposes of this rule chapter the following additional terms are defined:
(a) "Aeronautical study" as defined in section 333.01(1), F.S., means a FAA study, conducted in accordance with the standards of 14 C.F.R. part 77, subpart C, and FAA policy and guidance, on the effect of proposed construction or alteration upon the operation of air navigation facilities and the safe and efficient use of navigable airspace.
(b) "Agent" means an individual authorized to act on behalf of a person applying to obtain an Airspace Obstruction Permit.
(c) "Airport" as defined in section 333.01(2), F.S., means any area of land or water designed and set aside for the landing and taking off of aircraft and used or to be used in the interest of the public for such purpose.
(d) "Airport hazard" as defined in section 333.01(3), F.S., means an obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities.
(e) "Airport hazard area" as defined in section 333.01(4), F.S., means any area of land or water upon which an airport hazard might be established.
(f) "Airport land use compatibility zoning" as defined in section 333.01(5), F.S., means airport zoning regulations governing the use of land on, adjacent to, or in the immediate vicinity of airports.
(g) "Airport protection zoning regulations" as defined in section 333.01(8), F.S., means airport zoning regulations governing airport hazards.
(h) "Airport Reference Point" means the latitude and longitude of the approximate geometric center of the airport reported in degrees, minutes, seconds, and ten thousandths of a second latitude and longitude.
(i) "Airspace Determination Letter" means a document issued by the Federal Aviation Administration memorializing the findings of an aeronautical study.
(j) "Airspace Obstruction Permit" means a document approving the proposed construction, alteration, or allowing of an obstruction within an airport hazard area.
(k) "Applicant" means a person that has submitted a complete Airspace Obstruction Permit Application.
(l) "Department" means the Florida Department of Transportation.
(m) "FAA" means the Federal Aviation Administration.
(n) "Object" means an above ground or water thing, including, but not limited to, buildings, navigational aids, equipment, vehicles, natural growth, terrain, or aircraft.
(o) "Obstruction" as defined in section 333.01(12), F.S., means any existing or proposed object, terrain, or structure construction or alteration that exceeds the federal obstruction standards in 14 C.F.R. part 77, subpart C. The term includes:
1. Any object of natural growth or terrain;
2. Permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus; or
3. Alteration of any permanent or temporary existing structure by a change in the structure's height, including appurtenances, lateral dimensions, and equipment or materials used in the structure.
(p) "Person" as defined in section 333.01(13), F.S., means any individual, firm, co-partnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.
(q) "Political subdivision" as defined in section 333.01(14), F.S., means the local government or any county, municipality, town, village, or other subdivision or agency thereof, or any district or special district, port commission, port authority, or other such agency authorized to establish or operate airports in the state.
(r) "Public-use airport" as defined in section 333.01(15), F.S., means an airport, publicly or privately owned, licensed by the state, which is open for use by the public.
(s) "Site" means a specific area of land or water where the obstruction is intended to be located.
(t) "Sponsor" means the person ultimately responsible for the construction or alteration of an object.
(u) "Zoning authority" means any county, municipality, town, village, or other subdivision of the state, or any district or special district, port commission, port authority, or other such agency which exercises authority over and grants development permits for the site.
(3) Signature Authority. The State Aviation Manager is authorized to issue Airspace Obstruction Permits subject to the requirements of section 333.025, F.S., and to enforce the provisions of Chapter 333, F.S.

Fla. Admin. Code Ann. R. 14-121.001

Rulemaking Authority 333.15, 334.044(2) FS. Law Implemented 333.01, 333.025 FS.

Adopted by Florida Register Volume 50, Number 226, November 19, 2024 effective 12/3/2024.