Or. Admin. Code § 738-070-0080

Current through Register Vol. 63, No. 10, October 1, 2024

Section 738-070-0080 - Form and Time of Notice

(1) Each person who is required to notify the Director under OAR 738-070-0060 shall send one executed form set (four copies) of FAA Form 7460-1, Notice of Proposed Construction or Alteration, to the Oregon Department of Aviation. Copies of FAA Form 7460-1 may be obtained from the headquarters of the FAA and its regional offices or the Department.

(2) The notice required under OAR 738-070-0060 must be submitted at least 30 days before the earlier of the following dates:

(a) The date the proposed construction or alteration is to begin;

(b) The date an application for a construction permit is to be filed.

(3) A proposed structure or an alteration to an existing structure that exceeds 2,000 feet in height above the ground will be presumed to be a hazard to air navigation and to result in an inefficient utilization of airspace and the applicant has the burden of overcoming that presumption. Each notice submitted under the pertinent provisions of Federal Aviation Regulation (FAR) Part 77 proposing a structure in excess of 2,000 feet above ground, or an alteration that will make an existing structure exceed that height, must contain a detailed showing, directed to meeting this burden. Only in exceptional cases, where the Department concludes that a clear and compelling showing has been made that it would not result in an inefficient utilization of the airspace and would not result in a hazard to air navigation, will a determination of no hazard be issued.

(4) In the case of an emergency involving essential public services, public health, or public safety, that requires immediate construction or alteration, the 30 day requirement in section (2) of this rule does not apply and the notice may be sent by telephone, telegraph, or other expeditious means, with an executed FAA Form 7460-1 submitted within five days thereafter.

Or. Admin. Code § 738-070-0080

1AD 2-1983, f. & ef. 2-14-83; AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02

Stat. Auth.: ORS 184, ORS 835 & ORS 836

Stats. Implemented: ORS 836.530