738-070-0070 Construction or Alteration Requiring Notice (1) Each proponent of any of the following construction or alteration shall notify the Director in the form and manner prescribed in OAR 738-070-0080. (a) Any construction or alteration of more than 200 feet in height above the ground level at its site; (b) Any construction or alteration of greater height than an imaginary surface extending outward and upward at one of the following slopes: (A) 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of each airport specified in subsection (e) of this section with at least one runway more than 3,200 feet in actual length, excluding heliports; (B) 50 to 1 for a horizontal distance of 10,000 feet from the nearest point of the nearest runway of each airport specified in subsection (e) of this section with its longest runway no more than 3,200 feet in actual length, excluding heliports; (C) 25 to 1 for a horizontal distance of 5,000 feet from the nearest point of the nearest landing and take-off area of each heliport specified in subsection (e) of this section. (c) Any highway, railroad, or other traverse way for mobile objects if of greater height than the standards of subsection (a) or (b) of this section after their height has been adjusted upward by one of the following: (A) 17 feet for an interstate highway that is part of the National System of Military and Interstate Highways; (B) 15 feet for any other public roadway; (C) 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road; (D) 23 feet for a railroad; (E) For a waterway or any other traverse way, an amount equal to the height of the highest mobile object that would normally use it. (d) When requested by the Department, any construction or alteration that would be in an instrument approach area (defined in the FAA standards governing instrument approach procedures) and available information indicates it might exceed a standard of OAR 738-070-0100; (e) Any construction or alteration on any of the following airports (including heliports): (A) An airport that is available for public use and is listed in the airport directory of the current Airman's Information Manual or in the Oregon Aviation System Plan; (B) An airport under construction, that is the subject of a notice or proposal on file with the Federal Aviation Administration, or the Department, when it is clearly indicated that that airport will be available for public use. (2) Each proponent of a construction or alteration that is the subject of a notice under section (1) of this rule, and is advised by the Department that a supplemental notice is required, shall submit that supplemental notice on a prescribed form to be received by the Department at least 48 hours before the start of the construction or alteration. (3) Each proponent who undertakes construction or alteration that is the subject of a notice under section (1) of this rule, shall, within five days after that construction or alteration reaches its greatest height, submit a supplemental notice on a prescribed form to the Department, if: (a) The construction or alteration is more than 200 feet above the surface level of its site; or (b) The Department advises the proponent that submission of the form is required. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.530 History: AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 1AD 2-1983, f. & ef. 2-14-83