AGO 2004-06.

Case DateFebruary 09, 2005
CourtIndiana
Indiana Attorney General Opinions 2005. AGO 2004-06. February 9, 2005Originally issued June 23, 2003 OFFICIAL OPIMON 2004-6State Senator Jeff Drozda 200 West Washington Indianapolis, Indiana 46204 RE: Existing and Planned RunwaysDear Senator Drozda: This letter is in response to your request for an opinion on the following question: 1. Does Indiana Code section 8-21-10-3(b) apply to both existing and planned runways? BRIEF ANSWER It is the opinion of this office that the permit requirements set out at Indiana Code section 821-10-3(b) apply to the construction of buildings used for noise sensitive purposes when the building is to be constructed within the specified area of either an existing runway or a planned runway which has not yet been constructed, but has been included in the approved airport site plan. Interpreting "runways" to include both existing and planned runways advances the goal of the legislature to preserve unobstructed conditions for the safe flight of aircraft and to promote the comfort and safety of the citizens of the state. In addition, the broad interpretation of the terns corresponds with existing statutory language regarding runways in the same chapter. ANALYSIS State law regarding aeronautics may be found at Indiana Code chapter 8-21-1 and Indiana Code chapter 8-21-10 sets out regulations for tall structures in the state in order to ensure that unobstructed conditions exist for the safe flight of aircraft. The state regulates the location and height of structures and the use of land related to those structures. By law, those who build structures of certain heights and in certain locations must obtain a permit from the Indiana Department of Transportation (INDOT). Ind. Code § 8-21-10-1 to 3. State permit requirements also apply to the construction of buildings around airports if the buildings are used for "noise sensitive purposes." Ind. Code § 8-21-10-2, -3(b), -3(c). "Noise sensitive purpose" is defined as the use of a building as a residence, school, church, childcare facility, medical facility, retirement home, or nursing home. Ind. Code § 8-21-10-2. Your question concerns the section of the statute at Indiana Code section 8-21-10-3 dealing with permit requirements for construction in a noise sensitive area:
8-21-10-3 Permit requirements
Sec. 3.
(b) Unless:
(1) a permit for construction in a noise sensitive area has been approved by the department;
(2) the holder of a permit for construction in a noise sensitive area has filed a copy of the permit for construction in a noise sensitive area with the county recorder of the county in which the structure is located, as provided in
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