HB 333

As Reported by the House Transportation Committee
136th General Assembly
   Regular Session  H. B. No. 333
       2025-2026
  Representatives Fowler Arthur, Callender
  Cosponsors: Representatives Willis, Daniels
  To amend sections 4561.01, 4561.021, 4561.05,  1
  4561.06, 4561.08, 4561.09, 4561.11, 4561.12,  2
  4561.14, 4561.15, 4561.31, 4561.32, 4561.33,  3
  4561.34, 4561.341, 4561.35, 4561.36, 4561.37,  4
  4561.38, 4561.39, 4561.99, 4563.01, 4563.03,  5
  4563.031, 4563.032, 4563.04, 4563.05, 4563.06,  6
  4563.07, 4563.08, 4563.09, 4563.10, 4563.11,  7
  4563.12, 4563.13, 4563.16, 4563.18, 4563.20,  8
  4563.21, and 4906.10; to enact section 4561.40;  9
  and to repeal section 4561.30 of the Revised  10
  Code to make changes to the laws regarding  11
  navigable airspace and to name this act the  12
  Airspace Protection Act.  13
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 4561.01, 4561.021, 4561.05,  14
4561.06, 4561.08, 4561.09, 4561.11, 4561.12, 4561.14, 4561.15,  15
4561.31, 4561.32, 4561.33, 4561.34, 4561.341, 4561.35, 4561.36,  16
4561.37, 4561.38, 4561.39, 4561.99, 4563.01, 4563.03, 4563.031,  17
4563.032, 4563.04, 4563.05, 4563.06, 4563.07, 4563.08, 4563.09,  18
4563.10, 4563.11, 4563.12, 4563.13, 4563.16, 4563.18, 4563.20,  19
4563.21, and 4906.10 be amended and section 4561.40 of the  20
H. B. No. 333  Page 2
As Reported by the House Transportation Committee
Revised Code be enacted to read as follows:  21
       Sec. 4561.01. As used in sections 4561.01 to 4561.27 of  22
the Revised Codethis chapter:  23
       (A) "Aviation" means transportation by aircraft; operation  24
of aircraft; the establishment, operation, maintenance, repair,  25
and improvement of airports, landing fields, and other air  26
navigation facilities; and all other activities connected  27
therewith or incidental thereto.  28
       (B) "Aircraft" means any manned device used or intended  29
for flight in the air. "Aircraft" does not include an ultralight  30
vehicle as defined by 14 C.F.R. part 103.  31
       (C) "Airport" means any location either on land or water  32
which is used for the landing and taking off of aircraft,  33
including heliports and seaplane landing sites. "Airport" does  34
not include a federal navigable waterway or a military airport  35
owned by the United States government.  36
       (D) "Landing field" means any location either on land or  37
water of such size and nature as to permit the landing or taking  38
off of aircraft with safety, and used for that purpose but not  39
equipped to provide for the shelter, supply, or care of  40
aircraft.  41
       (E) "Air navigation facility" means any facility used,  42
available for use, or designed for use in aid of navigation of  43
aircraft, including airports, landing fields, facilities for the  44
servicing of aircraft or for the comfort and accommodation of  45
air travelers, and any structures, mechanisms, lights, beacons,  46
marks, communicating systems, or other instrumentalities or  47
devices used or useful as an aid to the safe taking off,  48
navigation, and landing of aircraft, or to the safe and  49
H. B. No. 333  Page 3
As Reported by the House Transportation Committee
efficient operation or maintenance of an airport or landing  50
field, and any combination of such facilities.  51
       (F) "Air navigation hazard" means any structure, object of  52
natural growth, or use of land, that obstructs the air space  53
required for the flight of aircraft in landing or taking off at  54
any airport or landing field, or that otherwise is hazardous to  55
such landing or taking off"Airport sponsor" means the  56
controlling body of any regional airport authority, port  57
authority, public university or college, county, or municipal  58
corporation, or the owner or private entity that controls a  59
privately owned airport or medical use heliport.  60
       (G) "Air navigation," or "navigation of aircraft," or  61
"navigate aircraft" means the operation of aircraft in the air  62
space airspace over this state.  63
       (H) "Airperson""Air crew" means any individual who, as the  64
person in command, or as pilot, mechanic, or member of the crew,  65
engages in the navigation of aircraft.  66
       (I) "Airway" means a route in the air space airspace over  67
and above the lands or waters of this state, designated by the  68
Ohio aviation board as a route suitable for the navigation of  69
aircraft.  70
       (J) "Person" means any individual, firm, partnership,  71
corporation, company, association, joint stock association, or  72
body politic, and includes any trustee, receiver, assignee, or  73
other similar representative thereof.  74
       (K) "Government agency" means a state agency, state  75
institution of higher education, regional port authority, or any  76
other political subdivision of the state, or the federal  77
government or other states.  78
H. B. No. 333  Page 4
As Reported by the House Transportation Committee
       (L) "Navigable airspace" means the airspace at and above  79
the minimum flight altitudes, including the airspace needed for  80
safe takeoff and landing.  81
       (M) "Obstruction" means any existing or proposed structure  82
or object of natural growth that exceeds the obstruction  83
standards as found in 14 C.F.R. part 77.  84
       (N) "Structure" means any permanent or temporary object,  85
including a building, tower, crane, scaffold, smokestack, batch  86
plant, earth formation, stockpile, transmission line, light  87
pole, flagpole, ship mast, traverse way, and mobile object.  88
       (O) "Install, erect, construct, establish, or alter" means  89
undertaking any action that affects the natural environment of  90
the site of a structure or object of natural growth, including  91
clearing of land, excavation, or planting. "Install, erect,  92
construct, establish, or alter" does not include surveying  93
changes necessary for temporary use of the site and use in  94
securing geological data, including making necessary borings to  95
ascertain foundation conditions.  96
       (P) "Heliport" means the area of land, water, or a  97
structure that is used or intended to be used for the landing  98
and takeoff of helicopters, including any appurtenant buildings  99
and facilities.  100
       (Q) "Vertiport" means the identifiable ground or elevated  101
areas, including the facilities thereon, that are designed to be  102
used for the landing and takeoff of rotorcraft, tilt-rotor  103
aircraft, or other powered lift aircraft.  104
       (R) "Spaceport" means any facility in the state at which  105
space vehicles may be landed or launched, including all  106
facilities and support infrastructure related to the launch,  107
H. B. No. 333  Page 5
As Reported by the House Transportation Committee
landing, and payload processing.  108
       Sec. 4561.021. There is hereby created in the division of  109
multi-modal planning and programs of the department of  110
transportation the office of aviation. The director of  111
transportation shall appoint the administrator of the office of  112
aviation, who shall serve at the pleasure of the director. The  113
administrator of the office of aviation shall be responsible to  114
the director for the organization, direction, and supervision of  115
the work of the office and the exercise of the powers and the  116
performance of the duties assigned to the office. Subject to  117
Chapter 124. of the Revised Code and civil service regulations,  118
the administrator, with the approval of the director, shall  119
select and appoint the necessary employees. The director also  120
may employ experts for assistance in any specific matter at a  121
reasonable rate of compensation.  122
       Sec. 4561.05. The department of transportation shall  123
administer Chapter 4561. of the Revised Code. The department may  124
issue and amend orders, create application forms for permits and  125
certificates issued under this chapter, and adopt, modify, and  126
promulgate such rescind any reasonable rules as it determines  127
necessary to carry out this chapter.  128
       The department may issue and amend orders, and make,  129
promulgate, and amend, reasonable general and special rules and  130
procedure, and establish minimum standards.  131
       The department may establish safety rules governing air  132
navigation hazards, and the location, size, use, and equipment  133
of airports and landing areas, and rules governing air marking,  134
the use of signs or lights designed to be visible from the air,  135
and other air navigation facilities.  136
H. B. No. 333  Page 6
As Reported by the House Transportation Committee
       All rules and amendments thereto, prescribed by the  137
department, shall conform to and coincide be in accordance with,  138
so far as possible, the "Civil Aeronautics Act of 1938," 52  139
Stat. 973, 49 U.S.C. 401, as amended, the federal aviation laws  140
passed by the congress of the United States, and the air  141
commerce regulations issued pursuant thereto.  142
       All acts of the department authorized under this section  143
shall be carried on in conformity with Chapter 119. of the  144
Revised Code.  145
       Sec. 4561.06. (A) The department of transportation shall  146
encourage the development of aviation and the promotion of  147
aviation education and research within this state as, in its  148
judgment, may best serve the public interest.  149
       (B)(1) The department may furnish engineering or other  150
technical counsel and services, with or without charge therefor,  151
to any appropriate government agency or private entity desiring  152
such counsel or services in connection with any question or  153
problem concerning the need for, or the location, construction,  154
maintenance, or operation of airports, landing fields, or other  155
air navigation facilities.  156
       (2) The department also may furnish engineering or other  157
technical counsel and services to any appropriate government  158
agency or private entity desiring such counsel or services  159
regarding the federal aviation administration's process under 14  160
C.F.R. part 77. Such counsel and services may include the  161
process for petitioning the federal aviation administration for  162
discretionary review of a determination, revision, or extension  163
of a determination and any public notice and comment process  164
available.  165
H. B. No. 333  Page 7
As Reported by the House Transportation Committee
       (C) The department shall be the official representative of  166
this state in all civil actions, matters, or proceedings  167
pertaining to aviation in which this state is a party or has an  168
interest.  169
       (D)(1) The department may investigate, and may cooperate  170
with any other appropriate government agency in the  171
investigation of, any accident occurring in this state in  172
connection with aviation. It may issue an order to preserve,  173
protect, or prevent the removal of any aircraft or air  174
navigation facility involved in an accident being so  175
investigated until the investigation is completed. The chief  176
executive officer or any law enforcement officer of this state  177
or any political subdivision in which an accident occurred shall  178
assist the department in enforcing such an order when called  179
upon to do so.  180
       (2) The department, in connection with any investigation  181
it is authorized to conduct, or in connection with any matter it  182
is required to consider and determine, may conduct hearings  183
thereon. All such hearings shall be open to the public. The  184
administrator of the office of aviation or those employees of  185
that office or its agents who are designated to conduct such  186
hearings may administer oaths and affirmations and issue  187
subpoenas for and compel the attendance and testimony of  188
witnesses and the production of papers, books, and documents at  189
the hearings. In case of failure to comply with such a subpoena  190
or refusal to testify, the administrator or the employees of the  191
office of aviation or its agents who are designated to conduct  192
the hearings may invoke the aid of the court of common pleas of  193
the county in which the hearing is being conducted, and the  194
court may order the witness to comply with the requirements of  195
the subpoena or to give testimony concerning the matter in  196
H. B. No. 333  Page 8
As Reported by the House Transportation Committee
question. Failure to obey any order of the court may be punished  197
as a contempt of the court.  198
       (3) Reports of any investigations or hearings, or parts  199
thereof, conducted by the department shall not be admitted in  200
evidence or used for any purpose in any action or proceeding  201
arising out of any matter referred to in the investigation,  202
hearings, or report thereof, except in actions or proceedings  203
instituted by the state or by the department on behalf of the  204
state, nor shall any member of the department or any of its  205
employees be required to testify to any facts ascertained in, or  206
information obtained by reason of, the member's or employee's  207
official capacity, or to testify as an expert witness in any  208
action or proceeding involving or pertaining to aviation to  209
which the state is not a party. Subject to this section, the  210
department may make available to appropriate agencies of  211
government any information and material developed in the course  212
of its investigations and hearings.  213
       (E) The department shall report to the appropriate agency  214
of the United States all cases that come to its attention of  215
persons navigating aircraft without a valid aviator's  216
certificate, or in which an aircraft is navigated without a  217
valid air-worthiness certificate in probable violation of the  218
laws of the United States requiring such certificates, and it  219
also shall report to the proper governmental agency any probable  220
infringement or violation of laws, rules, and regulations  221
pertaining to aviation that come to its attention.  222
       (F) The department may prepare, adopt, and subsequently  223
revise a plan showing the locations and types of airports,  224
landing fields, and other air navigation facilities within this  225
state; it also may prepare another plan of a system of airways  226
H. B. No. 333  Page 9
As Reported by the House Transportation Committee
within this state, the establishment, maintenance, and use of  227
which will, in its judgment, serve the development of  228
transportation by aircraft within this state in the best  229
interests of the public. It may publish plans and pertinent  230
information as the public interest requires.  231
       (G) The department periodically may prepare, publish, and  232
distribute such maps, charts, or other information as the public  233
interest requires, showing the location of and containing a  234
description of all airports, landing fields, and other air  235
navigation facilities then in operation in this state, together  236
with information concerning the manner in which, and the terms  237
upon which, those facilities may be used, and showing all  238
airways then in use, or recommended for use, within this state,  239
together with information concerning the manner in which the  240
facilities should be used.  241
       Sec. 4561.08. (A) As used in this section and section  242
4561.09 of the Revised Code:  243
       (1) "Airport activities" means the acquisition,  244
establishment, construction, enlargement, improvement,  245
equipment, protection of navigable airspace, or operation of  246
airports, heliports, vertiports, spaceports, landing fields, and  247
other air navigation facilities.  248
       (2) "Local authority" means a regional airport authority,  249
port authority, public university or college airport, county, or  250
municipal corporation.  251
       (B) The department of transportation may cooperate with  252
any government agency,local authority in the acquisition,  253
establishment, construction, enlargement, improvement,  254
equipment, or operation of airports, landing fields, and other  255
H. B. No. 333  Page 10
As Reported by the House Transportation Committee
air navigation facilities conducting airport activities in this  256
state, and may comply with the laws of the United States and any  257
regulations made thereunder with respect to the expenditure of  258
federal funds for or in connection with such airports, landing  259
fields, and other air navigation facilitiesactivities.  260
       The department may accept, receive, and give receipt for  261
federal funds, upon such terms as are prescribed by the laws of  262
the United States and any regulations made thereunder, on behalf  263
of the state, and may treat similarly, for the state or as agent  264
for any regional airport authority, county, or municipal  265
corporation local authority thereof, other funds, public or  266
private, for the acquisition, establishment, construction,  267
enlargement, improvement, equipment, or operation of airports,  268
landing fields, and other air navigation facilitiesconducting  269
airport activities, whether such work is to be done severally by  270
the state or by, a political subdivision thereof or by a  271
regional airport authority, or by the state and a regional  272
airport authority or one or more such political subdivisions  273
jointly, or by any two or more such political subdivisions  274
jointly, or by a regional airport authority and any one or more  275
such political or subdivisions jointlyof the state, a local  276
authority or authorities, or some combination thereof. The  277
department may also act as agent of any regional airport  278
authority, county, or municipal corporation local authority of  279
the state in any other matter connected with the acquisition,  280
establishment, construction, enlargement, improvement,  281
equipment, or operation of airports, landing fields, and other  282
air navigation facilitiesconducting airport activities. In the  283
discharge of its duties as such agent, the department may use  284
all its powers in the same manner as when acting for and in on  285
behalf of the state.  286
H. B. No. 333  Page 11
As Reported by the House Transportation Committee
       (C) The department may approve or disapprove all  287
contracts, grants, and agreements for the acquisition,  288
establishment, construction, enlargement, improvement,  289
equipment, or operation of airports, landing fields, and other  290
air navigation facilities conducting airport activities insofar  291
as its rules require.  292
       (D) The department may advise and cooperate with any  293
regional airport authority or political subdivision of this  294
state or of any other state, when it is acting jointly with a  295
regional airport authority or subdivision of this state, in all  296
matters pertaining to the location, acquisition, establishment,  297
construction, enlargement, improvement, equipment, or operation  298
of airports, landing fields, and other air navigation  299
facilitiesairport activities.  300
       (E) All federal money accepted by the department pursuant  301
to sections 4561.01 to 4561.151 of the Revised Code this chapter  302
shall be deposited in the state treasury to the credit of the  303
highway operating fund. All such moneys shall be expended in  304
accordance with the terms imposed by the United States in making  305
the grants thereof.  306
       Sec. 4561.09. Each regional airport authority, county,  307
municipal corporation, and agency local authority of this state  308
may accept, receive, and give receipt for federal funds upon  309
such terms as are prescribed by the laws of the United States  310
and any rules and regulations made thereunder, and may treat  311
similarly other funds, public or private, for the acquisition,  312
establishment, construction, enlargement, improvement,  313
equipment, or operation of airports, landing fields, and other  314
air navigation facilitiesconducting airport activities.  315
       The board of trustees of a regional airport authority and  316
H. B. No. 333  Page 12
As Reported by the House Transportation Committee
the legislative body of each county or municipal corporation A  317
local authority may designate the department of transportation  318
as the agent of such regional airport authority, county, or  319
municipal corporation the local authority to accept, receive,  320
and give receipt for federal funds upon such terms as are  321
prescribed by the laws of the United States and any rules or  322
regulations made thereunder, and to treat similarly other funds,  323
public or private, for the acquisition, establishment,  324
construction, enlargement, improvement, equipment, or operation  325
of airports, landing fields, and other air navigation  326
facilitiesconducting airport activities, whether such work is to  327
be done by the regional airport authority, county, or municipal  328
corporation local authority alone, or jointly with the state, or  329
jointly with the state and other counties or municipal  330
corporations. Such board of trustees or legislative body local  331
authority may designate the department as its agent in any other  332
matter connected with the acquisition, establishment,  333
construction, enlargement, improvement, equipment, or operation  334
of airports, landing fields, and other air navigation  335
facilitiesconducting airport activities, and may enter into, or  336
authorize the executive department designee of such political  337
subdivision local authority to enter into, an agreement with the  338
department prescribing the terms of such agency, in accordance  339
with the laws of the United States and any rules or regulations  340
made thereunder.  341
       All contracts and grants for the acquisition,  342
establishment, construction, enlargement, improvement,  343
equipment, or operation of airports, landing fields, or other  344
air navigation facilities airport activities made by a regional  345
airport authority, county, municipal corporation,local authority  346
or agency of this state shall be made pursuant to the only for  347
H. B. No. 333  Page 13
As Reported by the House Transportation Committee
public-use, publicly owned airports and shall comply with all  348
applicable state and federal laws of this state, rules, and  349
regulations governing the making of such contracts and grants;  350
provided that when the acquisition, establishment, construction,  351
enlargement, improvement, equipment, or operation of airports,  352
landing fields, or other air navigation facilities is financed  353
wholly or partly with federal funds, the regional airport  354
authority, county, municipal corporation, or agency of this  355
state may let contracts in the manner prescribed by the federal  356
authorities acting under the laws of the United States and any  357
rules or regulations made thereunder.  358
       Sec. 4561.11. (A) All publicly and privately owned  359
airports, landing fields, and landing areas, including those  360
located on public waters, shall be inspected and approved by the  361
department of transportation before being used for commercial  362
purposes. The department may issue a certificate of approval in  363
each case. The In accordance with Chapter 119. of the Revised  364
Code, the department shall require that a complete plan of such  365
airport, landing field, or landing area establish the documents  366
and information required to be filed with it the department  367
before granting or issuing it will grant or issue such approval;  368
provided that in no case in which the department licenses or  369
certifies for commercial operations an airport, landing field,  370
or landing area constructed, maintained, or supported, in whole  371
or in part, by public funds, under sections 4561.01 to 4561.151  372
of the Revised Codethis chapter, shall the public be deprived of  373
the use thereof or its facilities for aviation purposes as fully  374
and equally as all other parties.  375
       In any case in which the department rejects or disapproves  376
an application to commercially operate an airport, landing  377
field, or landing area, or in any case in which the department  378
H. B. No. 333  Page 14
As Reported by the House Transportation Committee
issues an order requiring certain things to be done before  379
approval, it shall set forth its reasons therefor and shall  380
state the requirements to be met before such approval will be  381
given or such order modified or changed. In any case in which  382
the department considers it necessary, it may order the closing  383
of any airport, landing field, or landing area for commercial  384
purposes until the requirements of the order made by the  385
department are complied with.  386
       Appeal from any action or decision of the department in  387
any such matter shall be made in accordance with sections 119.01  388
to 119.13 of the Revised Code.  389
       The department shall require that any person engaged  390
within this state in operating aircraft, in any form of  391
navigation, shall be the holder of a currently effective  392
aviator's license issued by the civil aeronautics  393
administration.  394
       The aviator's license required by this section shall be  395
kept in the personal possession of the pilot when the pilot is  396
operating aircraft within this state, and shall be presented for  397
inspection upon the request of any passenger, any authorized  398
representative of the department, or any official manager or  399
person in charge of any airport, landing field, or area in this  400
state upon which the pilot lands.  401
       (B) Whoever violates this section shall be fined not more  402
than five hundred dollars, imprisoned not more than ninety days,  403
or both.  404
       Sec. 4561.12. (A) Unless operated by the department of  405
transportation or its agents, no aircraft shall be operated or  406
maintained on any public land or water owned or controlled by  407
H. B. No. 333  Page 15
As Reported by the House Transportation Committee
this state, or by any political subdivision of this state,  408
except at such places and under such rules and regulations  409
governing and controlling the operation and maintenance of  410
aircraft as are adopted and promulgated amended by the  411
department in accordance with sections 119.01 to 119.13 of the  412
Revised Code.  413
       Such action and approval by the department shall not  414
become effective until it has been approved by the adoption and  415
promulgation amendment of appropriate rules governing,  416
controlling, and approving said places and the method of  417
operation and maintenance of aircraft, by the department,  418
division, political subdivision, agent, or agency of this state  419
having ownership or control of the places on said public land or  420
water which are affected by such operation or maintenance of  421
aircraft thereon.  422
       (B) Whoever violates this section shall be fined not more  423
than five hundred dollars, imprisoned not more than ninety days,  424
or both.  425
       Sec. 4561.14. (A) No person shall operate do any of the  426
following:  427
       (1) Operate any civil aircraft in this state unless such  428
the person is the holder of a valid aviator's license pilot  429
certification or authorization issued by the United States.  430
       No person operating an aircraft within this state shall  431
fail   or a valid pilot certification or similar document issued  432
or validated by the country in which the aircraft is registered;  433
       (2) Fail to exhibit such license the certification or  434
document for inspection upon the demand of any passenger on such  435
aircraft, or fail to exhibit same for inspection upon the demand  436
H. B. No. 333  Page 16
As Reported by the House Transportation Committee
of any peace officer, member or employee of the department of  437
transportation, or manager or person in charge of an airport or  438
landing field within this state, prior to taking off or upon  439
landing said aircraft.  440
       No person shall operate;  441
       (3) Operate an aircraft within this state unless such the  442
aircraft is licensed and registered by the United States; this  443
section is inapplicable. This division does not apply to the  444
operation of military aircraft of the United States, aircraft of  445
a state, territory, or possession of the United States, or  446
aircraft licensed by a foreign country with which the United  447
States has a reciprocal agreement covering the operation of such  448
aircraft.  449
       No person shall operate (4) Operate an aircraft within  450
this state in violation of any air traffic rules in force under  451
the laws of the United States or under sections 4561.01 to  452
4561.14 of the Revised Codethis chapter, and the rules and  453
regulations of the department adopted pursuant thereto.  454
       (B) Whoever violates this section shall be fined not more  455
than five hundred dollars, imprisoned not more than ninety days,  456
or both.  457
       Sec. 4561.15. (A) No person shall commit any of the  458
following acts:  459
       (1) Carry passengers in an aircraft unless the person  460
piloting the aircraft is a holder of a valid airperson's air  461
crew certificate of competency issued by the United States that  462
authorizes the holder to carry passengers and the person is  463
carrying any passenger in accordance with the applicable  464
certificate requirements; this division of this section is  465
H. B. No. 333  Page 17
As Reported by the House Transportation Committee
inapplicable to the operation of military aircraft of the United  466
States, aircraft of a state, territory, or possession of the  467
United States, or aircraft licensed by a foreign country with  468
which the United States has a reciprocal agreement covering the  469
operation of such aircraft;  470
       (2) Operate an aircraft on the land or water or in the air  471
space airspace over this state in a careless or reckless manner  472
that endangers any person or property, or with willful or wanton  473
disregard for the rights or safety of others;  474
       (3) Operate an aircraft on the land or water or in the air  475
space airspace over this state while under the influence of  476
intoxicating liquor, controlled substances, or other habit-  477
forming drugs;  478
       (4) Tamper with, alter, destroy, remove, carry away, or  479
cause to be carried away any object used for the marking of  480
airports, landing fields, or other aeronautical facilities in  481
this state, or in any way change the position or location of  482
such markings, except by the direction of the proper authorities  483
charged with the maintenance and operation of such facilities,  484
or illegally possess any object used for such markings;  485
       (5) Operate an unmanned aerial vehicle, as defined in  486
section 4561.50 of the Revised Code, on the land or water or in  487
the air space airspace over this state in a manner that  488
knowingly endangers any person or property or purposely  489
disregards the rights or safety of others.  490
       (B) Jurisdiction over any proceedings charging a violation  491
of this section is limited to courts of record.  492
       (C) Whoever violates this section shall be fined not more  493
than five hundred dollars, imprisoned not more than six months,  494
H. B. No. 333  Page 18
As Reported by the House Transportation Committee
or both.  495
       Sec. 4561.31. (A)(1)(A) Notwithstanding section 4561.01 of  496
the Revised Code, as used in sections 4561.31 to 4561.40 of the  497
Revised Code, "airport" means any airport issued a commercial  498
operating certificate and a medical use heliport.  499
       (B) Except as provided in divisions (D), (E), and (F) of  500
this section, no any person shall commence to that is required  501
to file notice with the federal aviation administration under 14  502
C.F.R. part 77 before the person may install, erect, construct,  503
establish, or alter any structure or object of natural growth in  504
this state, any part of which will penetrate or is reasonably  505
expected to penetrate into or through any airport's clear zone  506
surface, horizontal surface, conical surface, primary surface,  507
approach surface, or transitional surface without first  508
obtaining also shall obtain a permit from the department of  509
transportation under section 4561.34 of the Revised Code. The  510
replacement of an existing structure or object of natural growth  511
with, respectively, a structure or object that is not more than  512
ten feet or twenty per cent higher than the height of the  513
existing structure or object, whichever is higher, does not  514
constitute commencing to install a structure or object, except  515
when any part of the structure or object will penetrate or is  516
reasonably expected to penetrate into or through any airport's  517
clear zone surface, horizontal surface, conical surface, primary  518
surface, approach surface, or transitional surface. Such  519
replacement of a like structure or object is not exempt from any  520
other requirements of state or local law.  521
       (2) No person shall substantially change, as determined by  522
the department, the height or location of any structure or  523
object of natural growth in this state, any part of which, as a  524
H. B. No. 333  Page 19
As Reported by the House Transportation Committee
result of such change, will penetrate or is reasonably expected  525
to penetrate into or through any airport's clear zone surface,  526
horizontal surface, conical surface, primary surface, approach  527
surface, or transitional surface, and for which installation had  528
commenced or which was already installed prior to October 15,  529
1991, without first obtaining a permit from the department under  530
section 4561.34 of the Revised Code. This division does not  531
exempt the structure or object from any other requirements of  532
state or local law.  533
       (3) No person shall substantially change, as determined by  534
the department, the height or location of any structure or  535
object of natural growth for which a permit was issued pursuant  536
to section 4561.34 of the Revised Code, without first obtaining  537
an amended permit from the department under that section.  538
       (B) (C) No person shall install, erect, construct,  539
establish, alter, operate, or maintain any structure or object  540
of natural growth for which a permit has been issued under  541
section 4561.34 of the Revised Code, except in compliance with  542
the permit's terms and conditions and with any rules or orders  543
issued under sections 4561.30 to 4561.39 of the Revised Codethis  544
chapter.  545
       (C) (D) The holder of a permit issued under section  546
4561.34 of the Revised Code, with the department's approval, may  547
transfer the permit to another person who agrees to comply with  548
its terms and conditions. The transferor shall notify the  549
department of the transfer not later than sixty days after the  550
transfer.  551
       (D) Any (E) A person who receives shall apply for a permit  552
to install, erect, construct, establish, substantially change,  553
or substantially alter a structure or object of natural growth  554
H. B. No. 333  Page 20
As Reported by the House Transportation Committee
from an airport zoning board on or after October 15, 1991, under  555
Chapter 4563. of the Revised Code when both of the following  556
apply:  557
       (1) The airport zoning board exists in the geographical  558
area of the proposed installation, erection, construction,  559
establishment, or alteration of the structure or object of  560
natural growth.  561
       (2) The airport zoning board has adopted airport zoning  562
regulations pursuant to section 4563.032 of the Revised Code.  563
       Any person required to apply for a permit from the airport  564
zoning board under this division is not required to apply for a  565
permit from the department under sections 4561.30 to 4561.39 of  566
the Revised Code, provided that the airport zoning board has  567
adopted airport zoning regulations pursuant to section 4563.032  568
of the Revised Codethis chapter.  569
       (E) (F) Any person who receives required to apply for a  570
certificate from the power siting board pursuant to section  571
4906.03 or 4906.10 of the Revised Code on or after October 15,  572
1991, is not required to apply for a permit from the department  573
under sections 4561.30 to 4561.39 of the Revised Codethis  574
chapter.  575
       (F) Any person who, in accordance with 14 C.F.R. 77.11 to  576
77.19, notified the federal aviation administration prior to  577
June 1, 1991, that the person proposes to construct, establish,  578
substantially change, or substantially alter a structure or  579
object of natural growth is not required to apply for a permit  580
from the department under sections 4561.30 to 4561.39 of the  581
Revised Code in connection with the construction, establishment,  582
substantial change, or substantial alteration of the structure  583
H. B. No. 333  Page 21
As Reported by the House Transportation Committee
or object of natural growth either as originally proposed to the  584
federal aviation administration or as altered as the person or  585
the federal aviation administration considers necessary,  586
provided that the federal aviation administration, pursuant to  587
14 C.F.R. Part 77, does not determine that the proposed  588
construction, establishment, substantial change, or substantial  589
alteration of the structure or object of natural growth would be  590
a hazard to air navigation.  591
       (G)(1) Whoever violates division (A)(1) or (2)(B) of this  592
section is guilty of a misdemeanor of the third degree. Each day  593
of violation constitutes a separate offense.  594
       (2) Whoever violates division (A)(3) or (B) (C) of this  595
section is guilty of a misdemeanor of the first degree. Each day  596
of violation constitutes a separate offense.  597
       Sec. 4561.32. (A) In accordance with Chapter 119. of the  598
Revised Code, the department of transportation shall adopt, and  599
may amend and rescind, any rules necessary to administer  600
sections 4561.304561.31 to 4561.394561.40 of the Revised Code  601
and shall adopt rules based in whole upon the obstruction  602
standards set forth in 14 C.F.R. 77.21 to 77.29, as amendedpart  603
77, to uniformly regulate the height and location of structures  604
and objects of natural growth in any airport's clear zone  605
surface, horizontal surface, conical surface, primary surface,  606
approach surface, or transitional surfacethat are considered an  607
obstruction to air navigation in accordance with those federal  608
standards. The rules shall provide that the department, upon a  609
determination that the height and location of a structure or  610
object of natural growth, as set forth in the permit  611
application, will be an obstruction, may grant a permit under  612
section 4561.34 of the Revised Code that includes a waiver from  613
H. B. No. 333  Page 22
As Reported by the House Transportation Committee
full compliance with the obstruction standards found in 14  614
C.F.R. part 77. The rules shall also provide that the department  615
shall base its what information shall be included in the  616
department's decision on whether to grant such a waiver on sound  617
aeronautic principles, as set out in F.A.A. technical manuals,  618
as amended, including advisory circular 150/5300-13, "airport  619
design standards"; 7400.2c, "airspace procedures handbook,"; and  620
the U.S. terminal procedures handbook including the results of  621
any studies or investigations conducted and any federal aviation  622
administration technical manuals, advisory circulars, airport  623
design standards, airspace procedures, and the U.S. terminal  624
procedures that were consulted.  625
       The consideration of safety shall be paramount to  626
considerations of economic or technical factors. In making a  627
determination under this division, the department may consider  628
findings and recommendations of other government entities and  629
interested persons concerning the proposed structure or object  630
of natural growth. However, those findings and recommendations  631
are not binding on the department.  632
       (B) The department may conduct any studies or  633
investigations it considers necessary to carry out sections  634
4561.304561.31 to 4561.394561.40 of the Revised Code or may  635
enter into any contract for those services.  636
       Sec. 4561.33. (A) An applicant for a permit required by  637
section 4561.31 of the Revised Code shall file with the  638
department of transportation an application made on forms the  639
department prescribes, which shall contain the following  640
information:  641
       (1) A description of the structure or object of natural  642
growth for which the permit is sought, its location, and the  643
H. B. No. 333  Page 23
As Reported by the House Transportation Committee
planned date of commencement of installation;  644
       (2) A statement explaining the need for the structure or  645
object;  646
       (3) A statement of the reasons why the proposed location  647
is best suited for the structure or object;  648
       (4) Any additional information the applicant considers  649
relevant or the department requires.  650
       An application for an amended permit shall be in the form  651
and contain the information the department prescribes.  652
       In lieu of an application prescribed by the department, an  653
applicant may file a copy of the submit a completed federal  654
aviation administration's administration form 7460-1, "notice of  655
proposed construction or alteration" to the federal aviation  656
administration. Such submission shall serve as the application  657
for the permit required from the department of transportation.  658
       (B) An applicant shall file an application not less than  659
thirty days nor more than two years prior to the planned date of  660
commencement of installation or substantial change. This period  661
may be waived by the department for unforeseen emergencies.  662
       (C) If the structure or object in the application could  663
have a potential impact on a military installation, as such an  664
impact is described in the airfield land use compatibility study  665
of that military installation, the applicant shall send, within  666
seven days after the filing of his application, a copy of the  667
application to the commander of the installation and the  668
appropriate branch of the United States department of defense.  669
       (D) It is not necessary that ownership of, option for, or  670
other possessory right to a specific site be held by the  671
H. B. No. 333  Page 24
As Reported by the House Transportation Committee
applicant before an application may be filed under this section.  672
       (E) (C) If the department has reason to believe that any  673
person has or is commencing to install, erect, construct,  674
establish, or alter a structure or object of natural growth for  675
which a permit appears to be required under section 4561.31 of  676
the Revised Code, but concerning which no application for a  677
permit under section 4561.34 of the Revised Code has been filed  678
or no permit issued, the department shall issue an order to such  679
person to appear before the department and show cause why a  680
permit need not be obtained.  681
       Sec. 4561.34. (A) The department of transportation,  682
subject to Chapter 119. of the Revised Code, shall grant or deny  683
a permit or grant a permit with waiver from obstruction  684
standards for which an application has been filed under section  685
4561.33 of the Revised Code. In determining whether to grant or  686
deny a permit, the department shall determine whether the height  687
and location of a structure or object of natural growth, as set  688
forth in the permit application, will be an obstruction to air  689
navigation based upon the rules adopted under section 4561.32 of  690
the Revised Code if installed as proposed. In the case of an  691
application to substantially change an existing structure or  692
object, the department shall determine whether the change in the  693
height or location of the structure or object, as set forth in  694
the application, will create such an obstruction. The  695
consideration of safety shall be paramount to considerations of  696
economic or technical factors. In making a determination under  697
this division the department shall render its decision upon the  698
record, but may consider findings and recommendations of other  699
governmental entities and interested persons concerning the  700
proposed structure or object; however, those findings and  701
recommendations are not binding on the departmentconduct its own  702
H. B. No. 333  Page 25
As Reported by the House Transportation Committee
study and review of the permit application concurrent with the  703
federal aviation administration's review. Not later than  704
seventy-five days after the federal aviation administration  705
issues its final determination, the department shall grant the  706
permit, deny the permit, or grant a permit with waiver from  707
obstruction standards. In making the department's decision, the  708
department shall do one of the following:  709
       (1) If a federal aviation administration form 7460-1 was  710
filed, but the proposed installation, erection, construction,  711
establishment, or alteration does not meet the notification  712
standards under 14 C.F.R. part 77, the department shall issue a  713
written statement to the applicant that no permit is required.  714
       (2) If the federal aviation administration issues a  715
determination of hazard, the department shall deny the permit.  716
       (3) If the federal aviation administration issues a  717
determination of no hazard and the proposed installation,  718
erection, construction, establishment, or alteration will not be  719
an obstruction to the navigable airspace of an airport, the  720
department shall issue a permit.  721
       (4) If the federal aviation administration issues a  722
determination of no hazard, but the proposed installation,  723
erection, construction, establishment, or alteration will be an  724
obstruction to the navigable airspace of an airport, the  725
department shall make a determination of whether to grant a  726
permit with waiver from obstruction standards pursuant to  727
section 4561.32 of the Revised Code or to deny the permit. Prior  728
to the department's determination, all of the following shall  729
occur:  730
       (a) Not later than five business days after the receipt of  731
H. B. No. 333  Page 26
As Reported by the House Transportation Committee
the federal aviation administration's final determination, the  732
department shall contact the airport sponsor and request a  733
written decision, on official letterhead, as to the federal  734
aviation administration's determination of no hazard. If the  735
airport sponsor objects to the determination of no hazard, the  736
airport sponsor within its written decision shall list the  737
specific aeronautical impacts the obstruction would have to its  738
facility or to the navigable airspace of the airport. The  739
decision also shall include any proposed conditions or  740
modifications that would allow the obstruction to exist in the  741
navigable airspace of the airport.  742
       (b) The airport sponsor shall submit the written decision  743
to the department not later than sixty days after the federal  744
aviation administration's determination is final.  745
       (c) Not later than five days after receipt of the airport  746
sponsor's written decision, the department shall forward that  747
written decision to the permit applicant. The permit applicant  748
may submit additional information to the department in response  749
to the airport sponsor's written decision not later than seven  750
days after receipt of the written decision. If submitted, the  751
department shall consider any additional information in making  752
its decision regarding the permit.  753
       (B) The If a permit is denied, the department may grant a  754
permit under this section subject to shall indicate any  755
modification of to the height or location of a structure or  756
object the department considers necessary. In the absence of  757
such modification or unless it grants a waiver from compliance  758
with the obstruction standards, the department shall deny a  759
permit if it determines, in accordance with division (A) of this  760
section, that a proposed structure or object or a change to an  761
H. B. No. 333  Page 27
As Reported by the House Transportation Committee
existing structure or object, as set forth in the application,  762
would be an obstruction to air navigation based upon the rules  763
adopted under section 4561.32 of the Revised Codethe proposed  764
installation, erection, construction, establishment, or  765
alteration that would allow the department to issue the permit.  766
       (C) In rendering a decision on an application for a  767
permit, the department shall issue an opinion stating its  768
reasons for the action taken. The department all factors it  769
considered in making its decision, and shall serve upon the  770
applicant and each party, as provided in division (C) of section  771
4561.33 of the Revised Code, the applicable airport sponsor a  772
copy of its decision regarding a permit and the opinion. The  773
department shall include with the copy of its decision a notice  774
that an appeal of the decision may be made in accordance with  775
Chapter 119. of the Revised Code.  776
       (D) Any written decisions issued in accordance with this  777
section may be sent to the recipient through electronic means,  778
in addition to regular mail, in order to expedite sharing the  779
content of the decision.  780
       Sec. 4561.341. Pursuant to any consultation with the power  781
siting board regarding an application for certification under  782
section 4906.03 or 4906.10 of the Revised Code, the office of  783
aviation of the division of multi-modal planning and programs of  784
the department of transportation shall review the application to  785
determine whether the facility constitutes or will constitute an  786
obstruction to air navigation based upon the rules adopted under  787
section 4561.32 of the Revised Code. Upon review of the  788
application, if the office determines that the facility  789
constitutes or will constitute an obstruction to air navigation,  790
it shall provide, in writing, this determination and either the  791
H. B. No. 333  Page 28
As Reported by the House Transportation Committee
terms, conditions, and modifications that are necessary for the  792
applicant to eliminate the obstruction or a statement that  793
compliance with the obstruction standards may be waived, to the  794
power siting board under section 4906.03 or 4906.10 of the  795
Revised Code, as appropriate.  796
       Sec. 4561.35. The department of transportation shall  797
specify all of the following in each permit and each permit with  798
a waiver granted under section 4561.34 of the Revised Code:  799
       (A) The terms and conditions regarding the height and  800
location of the structure or object of natural growth that the  801
department considers necessary to ensure the safety of aircraft  802
in landing or taking off at any airport, the safety of persons  803
occupying or using such area, and the security of property,  804
including any modifications to the height or location of the  805
structure or object of natural growth set forth in the permit  806
application. If the department modifies the location of all or  807
part of a proposed structure or object, it shall provide notice  808
of the relocation to the municipal corporation or township and  809
the county to which the structure or object is being relocated,  810
and the persons residing in the area of the relocation, by  811
whatever means the department considers appropriate.  812
       (B) The obstruction markers, markings, lighting, or other  813
visual or aural identification, if any, that must be installed  814
on or in the vicinity of the structure or object of natural  815
growth as a condition of the permit. Any such identification  816
shall conform as much as practicable to federal guidelines and  817
standards. As a condition of the permit, the department shall  818
may require that any required lighting be maintained in operable  819
condition.  820
       Sec. 4561.36. (A) The department of transportation shall  821
H. B. No. 333  Page 29
As Reported by the House Transportation Committee
not issue any permit under sections 4561.30 to 4561.39 of the  822
Revised Code this chapter that will result in the creation of an  823
obstruction to air navigation based upon the rules adopted under  824
section 4561.32 of the Revised Code, unless the department  825
waives compliance with the obstruction standards included in  826
those rules.  827
       (B) Sections 4561.30 to 4561.39 of the Revised Code do  828
This chapter does not authorize the department to restrict the  829
height or location of structures or objects of natural growth  830
under those sections the chapter for any reason other than to  831
ensure the safety of aircraft in landing and taking off at an  832
airport, the safety of persons occupying or using the area, and  833
the security of property.  834
       Sec. 4561.37. Sections 4561.30 to 4561.39 of the Revised  835
Code (A)(1) This chapter and the rules adopted under it shall  836
not be construed to require the removal or lowering of, or the  837
making of any other change in to, any structure or object of  838
natural growth not conforming to rules or orders of the  839
department of transportation under those sections when adopted  840
or amended, or otherwise interfere with the continuance of any  841
nonconforming use; except that, if ordered by the department,  842
the that was in existence prior to the original enactment of  843
this section on October 15, 1991, or for which a permit, a  844
written statement of no permit required, or a permit with waiver  845
from obstruction standards was issued by the department of  846
transportation.  847
       (2) Division (A)(1) of this section does not apply if the  848
structure or object of natural growth was altered in a way that  849
is contrary to the terms and conditions of the issued permit.  850
       (B) A structure or object of natural growth is subject to  851
H. B. No. 333  Page 30
As Reported by the House Transportation Committee
the laws and rules that are effective as of the issue date of  852
the permit for the structure's or object of natural growth's  853
installation, erection, construction, establishment, or  854
alteration. However, any substantial change to the structure or  855
substantial growth to the object of natural growth is subject to  856
the laws and rules that are effective as of the date the  857
substantial change or growth occurs.  858
       (C) The owner of a nonconforming structure or object that  859
is permanently out of service, or is partially dismantled,  860
destroyed, deteriorated, or decayed shall demolish or remove  861
that structure or object; and, if. If any nonconforming use is  862
voluntarily discontinued for two years or more, any future use  863
of the premises shall be in conformity with sections 4561.30 to  864
4561.39 of the Revised Codethis chapter.  865
       Sec. 4561.38. With respect to any structure or object of  866
natural growth for which a permit is required under section  867
4561.34 4561.31 of the Revised Code, rules adopted or orders  868
issued under sections 4561.30 to 4561.39 of the Revised Code  869
this chapter and the terms and conditions of any permit issued  870
under those sections it prevail in the event of a conflict with  871
any airport zoning regulation adopted under sections 4563.01 to  872
4563.21 of the Revised Code, any local regulation under section  873
4905.65 of the Revised Code, any zoning regulation otherwise  874
applicable to the structure or object, or the terms or  875
conditions of any permit issued under sections 4563.01 to  876
4563.21 of the Revised Code after the effective date of this  877
sectionthe effective date of this amendment.  878
       Sec. 4561.39. In addition to any other remedy provided by  879
law, the department of transportation or an airport sponsor may  880
institute in any court of competent jurisdiction an action to  881
H. B. No. 333  Page 31
As Reported by the House Transportation Committee
prevent, restrain, correct, or abate any alleged violation or  882
threatened violation of sections 4561.30 to 4561.39 of the  883
Revised Code this chapter or any rule adopted or order issued  884
under themit. The court may grant such relief as may be  885
necessary.  886
       Sec. 4561.40. The department of transportation and the  887
office of aviation are not liable for any damages caused by a  888
structure or object of natural growth that is an obstruction if  889
any of the following apply:  890
       (A) The structure or object of natural growth was  891
installed, erected, constructed, established, or altered without  892
a permit issued under this chapter.  893
       (B) A permit was issued under this chapter for the  894
structure or object of natural growth, but the structure or  895
object of natural growth was installed, erected, constructed,  896
established, altered, or allowed to grow in a manner that is not  897
in compliance with the terms and conditions of the permit.  898
       (C) The structure or object of natural growth was  899
installed, erected, constructed, established, or altered  900
pursuant to a certificate issued by the power siting board  901
pursuant to section 4906.03 or 4906.10 of the Revised Code.  902
       (D) The structure or object of natural growth was  903
installed, erected, constructed, established, or altered  904
pursuant to a permit issued by an airport zoning board pursuant  905
to Chapter 4563. of the Revised Code.  906
       Sec. 4561.99. Whoever violates any provision of sections  907
4561.021 to 4561.13 of the Revised Code this chapter for which  908
no penalty otherwise is provided in the section that contains  909
the provision violated shall be fined not more than five hundred  910
H. B. No. 333  Page 32
As Reported by the House Transportation Committee
dollars, imprisoned not more than ninety days, or both.  911
       Sec. 4563.01. As used in sections 4563.01 to 4563.21 of  912
the Revised Codethis chapter:  913
       (A) "Airport" means any area of land or water designed and  914
set aside for the landing and taking off of aircraft, and for  915
that purpose possessing one or more hard surfaced runways of a  916
length of not less than three one thousand five eight hundred  917
feet, and designed for the storing, repair, and operation of  918
aircraft, and utilized or to be utilized in the interest of the  919
public for such purposes, and any area of land designed for such  920
purposes for which designs, plans, and specifications conforming  921
to the above requirements have been approved by the office of  922
aviation of the division of multi-modal planning and programs of  923
the department of transportation and for which not less than  924
seventy per cent of the area shown by such designs and plans to  925
constitute the total area has been acquired. An airport is  926
"publicly owned" if the portion thereof used for the landing and  927
taking off of aircraft is owned, operated, leased to, or leased  928
by the United States, any agency or department thereof, this  929
state or any other state, or any political subdivision of this  930
state or any other state, or any other governmental body, public  931
agency, or public corporation, or any combination thereof.  932
       (B) "Airport hazard" means any structure or object of  933
natural growth or use of land within an airport hazard area that  934
obstructs the air space airspace required for the flight of  935
aircraft in landing or taking off at any airport or is otherwise  936
hazardous to such landing or taking off of aircraftair  937
navigation.  938
       (C) "Airport hazard area" means any area of land adjacent  939
to an airport that has been declared to be an "airport hazard  940
H. B. No. 333  Page 33
As Reported by the House Transportation Committee
area" by the office of aviation in connection with any airport  941
approach plan recommended by the officeas depicted on an  942
approved airport approach plan.  943
       (D) "Political subdivision" means any municipal  944
corporation, township, or county.  945
       (E) "Person" means any individual, firm,  946
copartnershippartnership, corporation, company, association,  947
joint stock association, or body politic and includes any  948
trustee, receiver, assignee, or other similar representative  949
thereof.  950
       (F) "Structure" means any erected object, including,  951
without limitation, buildings, towers, smokestacks, and overhead  952
transmission lineshas the same meaning as in section 4561.01 of  953
the Revised Code.  954
       (G) "Navigable airspace" has the same meaning as in  955
section 4561.01 of the Revised Code.  956
       Sec. 4563.03. (A) When an airport is publicly owned and  957
all airport hazard areas appertaining to such airport are  958
located inside the territorial limits of one political  959
subdivision, the legislative authority of the political  960
subdivision shall constitute the airport zoning board. Such  961
legislative authority, acting as the airport zoning board, may  962
adopt, administer, and enforce airport zoning regulations for  963
such airport hazard area. Airport zoning regulations may divide  964
an airport hazard area into zones, and, within such zones,  965
regulate and restrict land uses which by their nature constitute  966
airport hazards, and regulate and restrict the height to which  967
structures may be erected or objects of natural growth may be  968
allowed to grow. An obstruction of air space in an airport  969
H. B. No. 333  Page 34
As Reported by the House Transportation Committee
hazard area rising to a height not in excess of forty feet above  970
the established elevation of the airport, or three feet for each  971
one hundred feet or fraction thereof its location is distant  972
from the nearest point in the perimeter of the airport,  973
whichever is greater, shall be prima facie reasonable.  974
       (B) When an airport is publicly owned and any airport  975
hazard area appertaining to such airport is located in more than  976
one political subdivision, the board of county commissioners of  977
each county in which such airport or such airport hazard area  978
may exist, shall constitute the airport zoning board, which  979
shall have the same power to adopt, administer, and enforce  980
airport zoning regulations as provided in division (A) of this  981
section. The board shall elect its own chairman chairperson.  982
       Sec. 4563.031. Within the approach, transitional, inner  983
horizontal, and conical areas at a publicly owned airport, an  984
airport zoning board constituted under section 4563.03 of the  985
Revised Code may adopt, administer, and enforce zoning  986
regulations, in addition to its regulations adopted under  987
section 4563.03 of the Revised Code, in order to ensure the  988
safety of the navigable airspace, persons occupying or using  989
such areas, and the security of property located within such  990
areas. Airport zoning regulations may divide such approach,  991
transitional, inner horizontal, and conical areas into zones,  992
and within such zones, regulate and restrict land use in order  993
to minimize injury, loss of life, and hazards to the safety of  994
persons or to the security of property within such zones, and  995
may include regulations governing population density and  996
concentration of persons within such zones.  997
       Prior to initial zoning under this section, the procedures  998
set forth in sections 4563.05, 4563.06, and 4563.08 of the  999
H. B. No. 333  Page 35
As Reported by the House Transportation Committee
Revised Code for establishing the boundaries of the various  1000
zones and adopting the regulations therefor, shall be followed.  1001
"Approach area," "transitional area," "inner horizontal area,"  1002
or "conical area," respectively, means any area of land adjacent  1003
to an airport and within an airport hazard area, which has been  1004
declared to be an "approach area," "transitional area," "inner  1005
horizontal area," or "conical area" by the office of aviation,  1006
based upon the approach plan for the airport. No zone  1007
established under this section may include any area outside such  1008
approach, transitional, inner horizontal, and conical areas.  1009
       Sec. 4563.032. Any airport zoning board that adopts,  1010
administers, and enforces airport zoning regulations for an  1011
airport hazard area under section 4563.03 of the Revised Code  1012
shall adopt, as minimum regulations, the rules adopted by the  1013
department of transportation under section 4561.32 of the  1014
Revised Code that are based in whole upon the obstruction  1015
standards set forth in 14 C.F.R. 77.21 to 77.29, as amended,  1016
part 77, in order to uniformly regulate the height and location  1017
of structures and objects of natural growth in any airport's  1018
clear zone surface, horizontal surface, conical surface, primary  1019
surface, approach surface, or transitional surfacepursuant to  1020
section 4563.031 of the Revised Code.  1021
       Sec. 4563.04. In the event of conflict between any airport  1022
zoning regulations adopted under sections 4563.01 to 4563.21,  1023
inclusive, of the Revised Codethis chapter, and any other zoning  1024
regulations applicable to the same area, whether the conflict be  1025
with respect to the height of structures or objects of natural  1026
growth, the use of land, or any other matter, and whether such  1027
other regulations were adopted by the political subdivision  1028
which adopted the airport zoning regulations or by some other  1029
political subdivision, the limitation or requirement best  1030
H. B. No. 333  Page 36
As Reported by the House Transportation Committee
calculated to insure ensure safety shall govern.  1031
       Sec. 4563.05. Prior to initial zoning of any airport  1032
hazard area under sections 4563.01 to 4563.21, inclusive, of the  1033
Revised Codethis chapter, the airport zoning board which is to  1034
adopt the regulations shall appoint a commission, to be known as  1035
the airport zoning commission, to recommend the boundaries of  1036
the various zones to be established and the regulations to be  1037
adopted therefor. Such commission shall make a preliminary  1038
report and hold public hearings thereon before submitting its  1039
final report, and the airport zoning board shall not hold its  1040
public hearings or take other action until it has received the  1041
final report of such commission. Where a city planning  1042
commission, township zoning commission, or county rural zoning  1043
commission already exists, it may be appointed as the airport  1044
zoning commission.  1045
       Sec. 4563.06. No airport zoning regulations shall be  1046
adopted, amended, or changed under sections 4563.01 to 4563.21,  1047
inclusive, of the Revised Codethis chapter, except by action of  1048
the legislative body of the political subdivision, after a  1049
public hearing in relation thereto, at which parties in interest  1050
and citizens shall have an opportunity to be heard. At least  1051
thirty days notice of the hearing shall be published in a  1052
newspaper of general circulation in the political subdivision in  1053
which the airport hazard area to be zoned is located and on the  1054
political subdivision's internet web site.  1055
       Sec. 4563.07. All airport zoning regulations adopted under  1056
sections 4563.01 to 4563.21, inclusive, of the Revised Code this  1057
chapter shall be reasonable, and none shall impose any  1058
requirement or restriction which is not reasonably necessary to  1059
insure ensure the safety of aircraft in landing and taking off  1060
H. B. No. 333  Page 37
As Reported by the House Transportation Committee
and air navigation, the safety of persons occupying or using the  1061
area, and the security of property thereon. In determining what  1062
regulations are necessary, each political subdivision or airport  1063
zoning board shall consider, among other things, the character  1064
of the flying operations expected to be conducted at the  1065
airport, the per cent of slope or grade customarily used in  1066
descent or ascent of the aircraft expected to use the airport  1067
with reference to their size, speed, and type, the nature of the  1068
terrain within the airport hazard area, the character of the  1069
neighborhood, and the uses to which the property to be zoned is  1070
put or is adaptable.  1071
       Sec. 4563.08. In order to define and determine the airport  1072
hazard area in which airport zoning shall be applicable, the  1073
office of aviation, upon request of any airport zoning  1074
commission appointed pursuant to section 4563.05 of the Revised  1075
Code, shall formulate and adopt, and may revise when  1076
necessary,review and approve an airport approach plan for any  1077
airport within its jurisdiction. Each The airport zoning  1078
commission shall develop the plan. The plan shall indicate the  1079
airport hazard area, the circumstances under which structures,  1080
objects of natural growth, public highways, and certain uses of  1081
land would be airport hazards, and the height limits of  1082
structures and objects of natural growth, and what other  1083
restrictions should be contained in the airport zoning  1084
regulations. In adopting or revising developing the plan, the  1085
office airport zoning commission shall consider, among other  1086
things, the size, type, and speed of aircraft expected to use  1087
the airport, the character of the flying operations expected to  1088
be conducted at the airport, the traffic pattern and regulations  1089
affecting flying operations at the airport, the location of  1090
public highways, the nature of the terrain, the height of  1091
H. B. No. 333  Page 38
As Reported by the House Transportation Committee
existing structures and objects of natural growth above the  1092
level of the airport, and the possibility of lowering or  1093
removing existing obstructions. The office airport zoning  1094
commission may obtain and consider information from and the  1095
opinion of any agency of the federal government charged with the  1096
promotion, regulation, or control of civil aeronautics as to the  1097
approaches necessary to safe flying operations at the airport.  1098
       Sec. 4563.09. No airport zoning regulations adopted under  1099
sections 4563.01 to 4563.21 of the Revised Code this chapter  1100
shall require the removal, lowering, or other change or  1101
alteration of any structure or object of natural growth not  1102
conforming to the regulations when adopted or amendedon or  1103
before January 1, 2004, or otherwise interfere with the  1104
continuance of any nonconforming use, except as provided in  1105
section 4563.14 of the Revised Code.  1106
       Sec. 4563.10. Nothing in sections 4563.01 to 4563.21 of  1107
the Revised Code,this chapter shall confer any power on any  1108
political subdivision or airport zoning board to prohibit the  1109
use of any land for farming, dairying, pasturage, apiculture,  1110
horticulture, floriculture, viticulture, or animal and poultry  1111
husbandry, except where such use shall create an airport hazard.  1112
The provisions of sections 4563.01 to 4563.21 of the Revised  1113
Code this chapter shall not apply in respect to the location,  1114
relocation, erection, construction, reconstruction, change,  1115
alteration, maintenance, removal, use, or enlargement of any  1116
buildings or structures, now existing or constructed in the  1117
future, of any public utility or railroad.  1118
       Sec. 4563.11. All airport zoning regulations adopted under  1119
sections 4563.01 to 4563.21, inclusive, of the Revised Code,this  1120
chapter shall provide for the administration and enforcement of  1121
H. B. No. 333  Page 39
As Reported by the House Transportation Committee
such regulations. The duties of any administrative agency  1122
designated pursuant to sections 4563.01 to 4563.21, inclusive,  1123
of the Revised Code,this chapter shall include that of issuing  1124
all permits under section 4563.12 of the Revised Code.  1125
       Sec. 4563.12. Airport zoning regulations adopted under  1126
sections 4563.01 to 4563.21, inclusive, of the Revised Code,this  1127
chapter may require that a permit be obtained before any new  1128
structure or use may be constructed or established and before  1129
any existing structure or use may be substantially changed or  1130
substantially altered in an airport hazard area. No permit shall  1131
be granted that would allow the establishment or creation of an  1132
airport hazard, or permit a nonconforming structure to be made  1133
higher or a nonconforming object of natural growth to become  1134
higher or become a greater hazard to air navigation than it was  1135
when the applicable regulations were adopted or than it is when  1136
the application for a permit is made. If any nonconforming use  1137
is voluntarily discontinued for two years or more, any future  1138
use of the premises shall be in conformity with sections 4563.01  1139
to 4563.21, inclusive, of the Revised Codethis chapter.  1140
       Sec. 4563.13. All airport zoning regulations adopted under  1141
sections 4563.01 to 4563.21, inclusive, of the Revised Code,this  1142
chapter shall provide for an airport zoning board of appeals.  1143
Where a zoning board of appeals already exists, it may be  1144
designated as the airport zoning board of appeals. The airport  1145
zoning board of appeals, except in those instances in which an  1146
existing zoning board of appeals is designated as the airport  1147
zoning board of appeals, shall consist of five members, each to  1148
be appointed for a term of three years by the authority adopting  1149
the regulations and subject to removal by the appointing  1150
authority for cause upon written charges and after public  1151
hearing. The first members of such board of appeals shall be so  1152
H. B. No. 333  Page 40
As Reported by the House Transportation Committee
designated that two shall serve for one year, two shall serve  1153
for two years, and one shall serve for three years.  1154
       Sec. 4563.16. Any person desiring to erect any structure,  1155
or increase the height of any structure, or permit the increases  1156
in height of any object of natural growth, or otherwise use his  1157
the person's property in any manner in conflict with airport  1158
zoning regulations adopted under sections 4563.01 to 4563.21,  1159
inclusive, of the Revised Codethis chapter, may apply to the  1160
airport zoning board of appeals for a variance from the zoning  1161
regulations in question. Such variance shall be allowed where a  1162
literal application or enforcement of the regulations would  1163
result in unnecessary hardship and the relief granted would not  1164
be contrary to the public interest or create conditions  1165
dangerous to the safety of aircraft using the airport or the  1166
navigable airspace of an airport, but would do substantial  1167
justice and would not be in conflict with factors set down for  1168
consideration in sections 4563.07 and 4563.08 of the Revised  1169
Codethis chapter. The board of appeals may subject any variance  1170
to any reasonable conditions that they deem it considers  1171
necessary.  1172
       Sec. 4563.18. (A) Any person aggrieved by any Either of  1173
the following may appeal a decision of an administrative agency  1174
made in its administration of airport zoning regulations adopted  1175
under sections 4563.01 to 4563.21, inclusive, of the Revised  1176
Code, or any this chapter:  1177
       (1) Any person aggrieved by the decision;  1178
       (2) Any governing body of a political subdivision or any  1179
airport zoning board which is of the opinion that a that  1180
considers the administrative agency's decision of such an  1181
administrative agency is an improper application of airport  1182
H. B. No. 333  Page 41
As Reported by the House Transportation Committee
zoning regulations of concern to such governing body or board,  1183
may.  1184
       The appeal shall be made to the airport zoning board of  1185
appeals authorized to hear and decide appeals from the decisions  1186
of such the administrative agency.  1187
       (B) All appeals taken under this section shall be taken  1188
within twenty days after an order is filed in the office of the  1189
administrative agency, as provided by the rules of the airport  1190
zoning board of appeals, by filing with the administrative  1191
agency from which the appeal is taken and with the airport  1192
zoning board of appeals a notice of appeal specifying the  1193
grounds of such appeal. The notice of appeal shall be filed with  1194
the administrative agency from which the appeal is taken and  1195
with the airport zoning board of appeals. The administrative  1196
agency from which the appeal is taken shall transmit to the  1197
airport zoning board of appeals all the papers constituting the  1198
record upon which the action appealed from was taken.  1199
       (C) An appeal shall stay all proceedings in furtherance of  1200
the action appealed from unless the administrative agency from  1201
which the appeal is taken certifies to the airport zoning board  1202
of appeals, after the notice of appeal has been filed with it,  1203
that by reason of the facts stated in the certificate a stay  1204
would, in its opinion, cause imminent peril to life or property.  1205
In such cases proceedings shall not be stayed other than by  1206
order of the airport zoning board of appeals on notice of the  1207
agency from which the appeal is taken and on due notice to the  1208
parties in interest.  1209
       (D) The airport zoning board of appeals shall fix a  1210
reasonable time for the hearing of appeals that is not more than  1211
thirty days after the filing of the notice of appeal, give  1212
H. B. No. 333  Page 42
As Reported by the House Transportation Committee
public notice and due notice to the parties in interest, and  1213
decide the same within a reasonable time. Upon the hearing any  1214
party may appear in person, by agent, or by attorney.  1215
       (E) The airport zoning board of appeals, in conformity  1216
with sections 4563.01 to 4563.21, inclusive, of the Revised  1217
Codethis chapter, may reverse, affirm wholly or partly, or  1218
modify, the order, requirement, decision, or determination  1219
appealed from.  1220
       Sec. 4563.20. (A) No person shall violate any regulation,  1221
order, or ruling promulgated or made pursuant to sections  1222
4563.01 to 4563.21 of the Revised Codethis chapter.  1223
       (B) Whoever violates this section shall be fined not more  1224
than one hundred dollars. Each day's willful continuation of the  1225
violation is a separate offense.  1226
       Sec. 4563.21. The political subdivision or airport zoning  1227
board adopting zoning regulations under sections 4563.01 to  1228
4563.21, inclusive, of the Revised Code,this chapter may  1229
institute in any court of competent jurisdiction an action to  1230
prevent, restrain, correct, or abate any violation of sections  1231
4563.01 to 4563.21, inclusive, of the Revised Codethis chapter,  1232
or of airport zoning regulations adopted under such sectionsit,  1233
or of any order or ruling made in connection with the  1234
administration or enforcement. The court shall adjudge to the  1235
plaintiff such relief, by way of injunction, which may be  1236
mandatory, or otherwise, as may be proper under all the facts of  1237
and circumstances of the case, in order fully to effectuate the  1238
purposes of sections 4563.01 to 4563.21, inclusive, of the  1239
Revised Code,this chapter and of the regulations adopted and  1240
orders and rulings made pursuant thereto.  1241
H. B. No. 333  Page 43
As Reported by the House Transportation Committee
       Sec. 4906.10. (A) The power siting board shall render a  1242
decision upon the record either granting or denying the  1243
application as filed, or granting it upon such terms,  1244
conditions, or modifications of the construction, operation, or  1245
maintenance of the major utility facility as the board considers  1246
appropriate. The certificate shall be subject to sections  1247
4906.101, 4906.102, and 4906.103 of the Revised Code and  1248
conditioned upon the facility being in compliance with standards  1249
and rules adopted under section 4561.32 and Chapters 3704.,  1250
3734., and 6111. of the Revised Code. An applicant may withdraw  1251
an application if the board grants a certificate on terms,  1252
conditions, or modifications other than those proposed by the  1253
applicant in the application.  1254
       The board shall not grant a certificate for the  1255
construction, operation, and maintenance of a major utility  1256
facility, either as proposed or as modified by the board, unless  1257
it finds and determines all of the following:  1258
       (1) The basis of the need for the facility if the facility  1259
is an electric transmission line or gas pipeline;  1260
       (2) The nature of the probable environmental impact;  1261
       (3) That the facility represents the minimum adverse  1262
environmental impact, considering the state of available  1263
technology and the nature and economics of the various  1264
alternatives, and other pertinent considerations;  1265
       (4) In the case of an electric transmission line or  1266
generating facility, that the facility is consistent with  1267
regional plans for expansion of the electric power grid of the  1268
electric systems serving this state and interconnected utility  1269
systems, that the facility will serve the interests of electric  1270
H. B. No. 333  Page 44
As Reported by the House Transportation Committee
system economy and reliability, and, in the case of an electric  1271
transmission line, that the facility must consider implementing  1272
cost-effective advanced transmission technologies to maximize  1273
the value, expand capacity, or improve the reliability of the  1274
facility;  1275
       (5) That the facility will comply with Chapters 3704.,  1276
3734., and 6111. of the Revised Code and all rules and standards  1277
adopted under those chapters and under section 4561.32 of the  1278
Revised Code. In determining whether the facility will comply  1279
with all rules and standards adopted under section 4561.32 of  1280
the Revised Code, the board shall consult with the office of  1281
aviation of the division of multi-modal planning and programs of  1282
the department of transportation under section 4561.341 of the  1283
Revised Code.  1284
       (6) That the facility will serve the public interest,  1285
convenience, and necessity;  1286
       (7) In addition to the provisions contained in divisions  1287
(A)(1) to (6) of this section and rules adopted under those  1288
divisions, what its impact will be on the viability as  1289
agricultural land of any land in an existing agricultural  1290
district established under Chapter 929. of the Revised Code that  1291
is located within the site and alternative site of the proposed  1292
major utility facility. Rules adopted to evaluate impact under  1293
division (A)(7) of this section shall not require the  1294
compilation, creation, submission, or production of any  1295
information, document, or other data pertaining to land not  1296
located within the site and alternative site.  1297
       (8) That the facility incorporates maximum feasible water  1298
conservation practices as determined by the board, considering  1299
available technology and the nature and economics of the various  1300
H. B. No. 333  Page 45
As Reported by the House Transportation Committee
alternatives.  1301
       (B) If the board determines that the location of all or a  1302
part of the proposed facility should be modified, it may  1303
condition its certificate upon that modification, provided that  1304
the municipal corporations and counties, and persons residing  1305
therein, affected by the modification shall have been given  1306
reasonable notice thereof.  1307
       (C) A copy of the decision and any opinion issued  1308
therewith shall be served upon each party.  1309
       (D) The board shall render a decision under this section  1310
not later than one hundred fifty days after the date the  1311
application is determined to be complete. If the board does not  1312
render a decision within the time period required by this  1313
division, the application shall be deemed approved by operation  1314
of law, and the board shall issue a certificate to the  1315
applicant.  1316
       Section 2. That existing sections 4561.01, 4561.021,  1317
4561.05, 4561.06, 4561.08, 4561.09, 4561.11, 4561.12, 4561.14,  1318
4561.15, 4561.31, 4561.32, 4561.33, 4561.34, 4561.341, 4561.35,  1319
4561.36, 4561.37, 4561.38, 4561.39, 4561.99, 4563.01, 4563.03,  1320
4563.031, 4563.032, 4563.04, 4563.05, 4563.06, 4563.07, 4563.08,  1321
4563.09, 4563.10, 4563.11, 4563.12, 4563.13, 4563.16, 4563.18,  1322
4563.20, 4563.21, and 4906.10 of the Revised Code are hereby  1323
repealed.  1324
       Section 3. That section 4561.30 of the Revised Code is  1325
hereby repealed.  1326
       Section 4. This act shall be known as the Airspace  1327
Protection Act.  1328