AGO 2004-06.
Case Date | February 09, 2005 |
Court | Indiana |
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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