A proposed new structure (tower, antenna tower, mass, pole, water tank, windmill, wind turbine) may be required to receive an Federal Aviation Administration (FAA) final determination of no hazard to air navigation prior to commencement of construction. The FAA's FAR 77 rules set standards for proposed heights, near airport, on airport, instrument impact and other standards. Please read Federal Licensing for Proposed New Structures and Airport Evaluation for more information.
WHO NEEDS TO FILE
CRF Title 14 FAR 77.9 states that any person/organization who intends to sponsor any of the following
construction or alterations must notify the Administrator of the FAA:
- any construction or alteration exceeding 200 ft. above ground level
- any construction or alteration:
- within 20,000 ft. of a public use or military airport which exceeds a 100:1 surface from any point on the runway of each airport with its longest runway more than 3,200 ft.
- within 10,000 ft. of a public use or military airport which exceeds a 50:1 surface from any point on the runway of each airport with its longest runway no more than 3,200 ft.
- within 5,000 ft. of a public use heliport which exceeds a 25:1 surface
- any highway, railroad or other traverse way whose prescribed adjusted height would exceed the above noted standards when requested by the FAA
- any construction or alteration located on a public use airport or heliport regardless of height or location.
Once an affirmative decision has been made to proceed with federal licensing of a proposed new structure or alteration of an existing structure, the first application submitted is the FAA Form 7460-1 Notice of Proposed Construction or Alteration. The form requires a 1A or 2C Survey.. The survey is uploaded after the application is populated. Information required for the application is as follows:
- Sponsor name
- Notice of new or alteration
- Duration (temporary or permanent)
- Construction work schedule
- State Filing (Filed With the State or Not Filed With the State)
- Latitude (from Survey or GPS coordinates)
- Longitude (from Survey or GPS coordinates)
- Site Elevation (nearest foot)
- Structure Height (nearest foot)
- Current Height (for alterations of existing structures)
- Nacelle Height (for wind turbines 500 ft. or greater)
- Requested Marking/Lighting (preferred)
- Recommended Marking/Lighting
- Current Marking/Lighting (existing)
- Nearest City
- Nearest State
- Description of Location
- Description of Proposal
- Structure Type
- Structure Name
- NOTAM Number
- FCC Number
- Prior ASN
- Common Frequency Bands
- Specific Frequencies
After the Initial Construction application has been submitted to the FAA, the 1A or 2C Survey is uploaded and the map is approved, an ASN number is generated (i.e., 2013-AGL-0506-OE). The ASN is assigned to the structure and should be used in discussion with the FAA, unless a new application is submitted that changes the location or structure height, in which a new ASN will be assigned. The normal application process takes anywhere from 30 to 45 days.
There may be certain FAA standards exceeded during the review process that will require the applicant to make decisions. For instance, the structure height may fail airport slope or penetrate flight instruments. The FAA may require a letter be uploaded on the application to correspond with them regarding these decisions. The FAA may require the structure height lowered to receive fast approval or be placed on Public Notice at the original proposed height. Public Notice can take as long as six months to finalize and may still require height reduction.
Once the FAA has completed their study of the proposal, they will send the applicant a "Final Determination of No Hazard to Air Navigation." The Determination is in letter format and states the terms of the FAA's findings. If marking and lighting are required, the type and chapters will be listed in the letter (see Advisory Circular 70/7460-1K). The FAA may also require Supplemental Notice be given at least ten (10) days prior to start of construction (Form 7460-2, Part I) or
within five (5) days after the construction reaches its greatest height (Form
7460-2, Part II). The FAA ASN expiration date will be listed in the letter also (usually a term of 18 months).
PLEASE NOTE: Besides submitting an application to the FAA for construction of new or existing structures, an application must also be submitted for temporary cranes that are taller than the structures when actual construction begins. A temporary crane permit must be approved by the FAA. The FAA may also require temporary lighting be installed on cranes during construction.
PLEASE NOTE: Besides submitting an application to the FAA for construction of new or existing structures, an application must also be submitted for temporary cranes that are taller than the structures when actual construction begins. A temporary crane permit must be approved by the FAA. The FAA may also require temporary lighting be installed on cranes during construction.
Within 24 hours of receiving the FAA "Final Determination of No Hazard to Air Navigation," the structure owner or proponent can file with the Federal Communications Commission (FCC) to start the process of obtaining an FCC ASR number (unless the FAA-determined structure is a wind turbine or a structure that does not radiate power/frequencies). See FCC ASR for further details regarding this application and permitting process.
The FAA/FCC ASR filing processing can be quite complicated. You would be wise to hire a person or organization that has extensive experience dealing with the two federal agencies to file your federal construction permitting for you. E-mail us at dpsitecompliance
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