19A NCAC 02E .0423. REGULATION OF AIRPORT CONSTRUCTION

(a)  In order to preserve safe clearances between highways and airways, except as otherwise provided by this Rule, all construction or alteration of airports or aircraft landing areas on any part of land adjoining any public highway or in close proximity, shall be in conformity with the Federal Air Regulations, Title 14, Chapter I, Part 77, Subpart C, Code of Federal Regulations, which is incorporated by reference into this Rule, includes any subsequent editions or amendments.  The document is available from the Superintendent of Documents, Mail Stop SSOP, Washington, DC 20402-9328, at a cost of twenty nine dollars ($29.00).

(b)  No such construction or alteration shall be undertaken without having first obtained a written permit from the North Carolina Department of Transportation or its duly authorized officers.  All construction or alteration shall be in accordance with the written permit.  No permit shall be issued if the proposed construction or alteration is not in accordance with subsection (a) above.  Except for highways on the Federal‑aid highway system, the Board of Transportation may, however, in its discretion, authorize a permit at variance with the foregoing Federal Aviation Administration standards when it determines that the construction or alteration of the aircraft landing area will not result in a public road being a hazard to air navigation.

(c)  Any person, firm, or corporation seeking a permit for the construction or alteration of any airport or aircraft landing areas shall, at the time application is made for said permit, submit to the North Carolina Department of Transportation the plans and designs of the proposed construction or alteration, along with such estimates and supporting data as the department may require.  The estimates and data required may include, but shall not necessarily be limited to, topographical surveys of the airport or aircraft landing area site and surrounding areas, including the proposed construction or alteration, with particular references to highways in the vicinity; hydrographic surveys, with particular reference to the effect that the proposed construction or alteration will have upon drainage patterns; area maps, and airport traffic patterns and approach surfaces.

(d)  The provisions of this ordinance shall not apply to publicly owned and operated airports and aircraft landing areas receiving Federal funds and subject to regulation by the Federal Aviation Administration, nor shall the provisions of this ordinance be construed to prohibit necessary repairs from being made to or on any airport facilities regardless of their present location.

 

History Note:        Authority  G.S. 136‑18(22);

Eff. November 1, 1985;

Amended Eff. November 1, 1993.