Section 6-02-03.1-03 - Procedure for determining obstructionsThis part establishes standards for determining obstructions to air navigation. It applies to existing and proposed manmade objects, objects of natural growth, and terrain. The standards apply to the use of navigable airspace by aircraft and to existing public airports. Additionally, the standards apply to a planned public airport, or a change in an existing public airport, if a proposal therefore is on file with the North Dakota aeronautics commission.
1. An existing object, including a mobile object, is, and a future object would be, an obstruction to air navigation if it is of greater height than any of the following heights or surfaces:a. A height of four hundred ninety-nine feet above ground level at the site of the object.b. A height that is two hundred feet above ground level or above the established airport elevation, whichever is higher, within three nautical miles of the established reference point of an airport, excluding heliports, with its longest runway more than three thousand two hundred feet in actual length, and that height increases in the proportion of one hundred feet for each additional nautical mile of distance from the airport up to a maximum of four hundred ninety-nine feet.c. A height within a terminal obstacle clearance area, including an initial approach segment, a departure area, and a circling approach area, which would result in the vertical distance between any point on the object and an established minimum instrument flight altitude within that area or segment to be less than the required obstacle clearance.d. A height within an en route obstacle clearance area, including turn and termination areas, of a federal airway or approved off-airway route, that would increase the minimum obstacle clearance altitude.e. The surface of a takeoff and landing area of an airport or any airport imaginary surface. However, no part of the takeoff or landing area itself will be considered an obstruction.2. Except for traverse ways on or near an airport with an operative ground traffic control service, furnished by an air traffic control tower or by the airport management and coordinated with the air traffic control service, the standards of subsection 1 of this section apply to traverse ways used or to be used for the passage of mobile objects only after the heights of these traverse ways are increased by: a. Seventeen feet for an interstate highway that is part of the national system of military and interstate highways where overcrossings are designed for a minimum of seventeen feet vertical distance.b. Fifteen feet for any other public roadway.c. Ten feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road.d. Twenty-three feet for a railroad.e. For a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it. Failure to comply with the above regulations regarding obstructions to air navigation is prohibited under this chapter.
N.D. Admin Code 6-02-03.1-03
Adopted by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.General Authority: NDCC 2-03-12
Law Implemented: NDCC 2-03-12