reglab/housing_qa huggingface dataset:
IN Code § 8-21-9-34 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 9. Jurisdiction Over Certain Airport Facilities|8-21-9-34. Regional Plan Commissions; Membership; Powers and Duties

Sec. 34. (a) In the event that there is in existence or is later created a regional plan commission having jurisdiction over any portion of the airport site purchased or otherwise controlled by the department:(1) a representative appointed by the commissioner of the department shall become a voting member of the regional plan commission with all rights and privileges of regular membership, except that the department member shall be permitted to claim no compensation or reimbursement for personal expenses or per diem from the regional plan commission; and(2) upon appointment of a department representative to the regional plan commission, all requests or proposals for zoning amendments, subdivision plats, conditional use permits, exceptions, or variances from any zoning ordinance as well as for the development of public facilities including requests and proposals for airports, parks, thoroughfares, hospitals, and schools within the zone or zones provided for in section 21 of this chapter shall be forwarded to the regional plan commission by the appropriate public body for review and comment.(b) The regional plan commission shall review proposals described in subsection (a)(2) and give consideration to aircraft safety, public safety, and regional plans relating to the aircraft vicinity. If the regional plan commission does not return its comments to the appropriate public body within thirty (30) days, the public body may proceed on the basis that the regional plan commission concurs with the proposals. Comment made by the regional plan commission shall be considered to be of an advisory nature only.Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.363; P.L.3-1989, SEC.70; P.L.18-1990, SEC.163.
IN Code § 8-21-9-35 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 9. Jurisdiction Over Certain Airport Facilities|8-21-9-35. Conflicts of Interest; Void Contracts; Offense

Sec. 35. A member, agent, or employee of the department who knowingly is interested in any contract with the department or in the sale of any property, either real or personal, to the department commits a Class A misdemeanor. All such contracts are void. This section does not apply to contracts for purchases of property, real or personal, between the department and other departments, municipalities, or subdivisions of state government.Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1978, P.L.2, SEC.865; Acts 1980, P.L.74, SEC.364.
IN Code § 8-21-9-37 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 9. Jurisdiction Over Certain Airport Facilities|8-21-9-37. Powers and Duties of Department; Application to Chapter

Sec. 37. The powers, duties, and functions of the department under IC 8-21-1 shall not apply to the operation of any airport created under the authority of this chapter. However, statewide regulatory powers of the department shall appertain thereto in aviation communications, air safety, or enforcement of IC 8-21-10, the high structure safety law.Formerly: Acts 1971, P.L.105, SEC.2; Acts 1973, P.L.73, SEC.2. As amended by Acts 1980, P.L.74, SEC.365; P.L.3-1990, SEC.34.
IN Code § 8-21-10-1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 10. Regulation of Tall Structures|8-21-10-1. Purpose

Sec. 1. The safety, welfare, and protection of persons and property in the air and on the ground and of the maintenance of electronic communication within this state requires that the navigable airspace overlying the state and the approaches to and the air traffic pattern area of any public-use airport in the state be maintained in an unobstructed condition for the safe flight of aircraft and the comfort and safety of the citizens of this state. To that end, the location and height of structures and the use of land related to those structures and near public-use airports is regulated.As added by P.L.117-1983, SEC.1.
IN Code § 8-21-10-2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 10. Regulation of Tall Structures|8-21-10-2. Definitions

Sec. 2. As used in this chapter:"Department" refers to the Indiana department of transportation."Noise sensitive purpose" means the use of a building or structure as a residence, school, church, child care facility, medical facility, retirement home, or nursing home."Permit" means a permit issued by the department under this chapter."Person" means any individual, firm, partnership, corporation, company, limited liability company, association, joint stock association, or body politic, including any trustee, receiver, assignee, or other similar representative."Public-use airport" means any area, site, or location, either on land, water, or upon any building, which is specifically adapted and maintained for the landing and taking off of aircraft, and utilized or to be utilized in the interest of the public for such purposes. The term does not include:(1) any private use airport or landing field; or(2) any military airport solely occupied by any federal branch of government using that airport for military air purposes."Structure" means any object constructed or installed by man including, but not limited to, cranes, buildings, towers, smokestacks, electronic transmission or receiving towers, buildings used for a noise sensitive purpose, and antennae and overhead transmission lines.As added by P.L.117-1983, SEC.1. Amended by P.L.18-1990, SEC.164; P.L.8-1993, SEC.150; P.L.96-1998, SEC.1; P.L.54-2002, SEC.1.
IN Code § 8-21-10-3.1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 10. Regulation of Tall Structures|8-21-10-3.1. Written Authorization for Installation or Modification of Structure Within Surface of Public Use Airport; Removal of Structure

Sec. 3.1. (a) As used in this section, "structure" does not mean a tower that is principally used for the attachment of radio communications transmission or reception equipment if the tower and its location:(1) comply with all Federal Aviation Administration regulations;(2) comply with section 3 of this chapter; and(3) are approved by the local zoning board.(b) As used in this section, "surface" means an airport's primary or approach imaginary surface established by section 8 of this chapter.(c) Before a person may:(1) erect;(2) install; or(3) modify to add to the height of;a structure within the surface of a public use airport, the person must obtain a written authorization from the public use airport owner or operator.(d) The written authorization may contain terms and conditions to ensure aviation safety that are considered necessary by the owner or operator of the public use airport.(e) A person who obtains written authorization shall strictly comply with any terms and conditions required by the written authorization.(f) The public use airport owner or operator may require the immediate removal of a structure from a surface if:(1) the person who obtains written authorization under subsection (c) violates any part of the written authorization; or(2) the person erecting, installing, or modifying the structure fails to obtain written authorization under subsection (c) from the owner or operator of the public use airport.(g) Removal of a structure for violation of this section may be immediate and does not require a hearing or notification of the department. The public use airport owner or operator may enlist the aid of law enforcement officers in effecting the removal of the structure.As added by P.L.96-1998, SEC.2.
IN Code § 8-21-10-4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 10. Regulation of Tall Structures|8-21-10-4. Permit Application; Forms

Sec. 4. Application for a permit shall be made on forms prescribed and furnished by the department or by filing a copy of the Federal Aviation Administration's Form 7460-1, Notice of Proposed Construction or Alteration, with the department.As added by P.L.117-1983, SEC.1.
IN Code § 8-21-10-5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 10. Regulation of Tall Structures|8-21-10-5. Failure to File Permit Application; Order to Show Cause

Sec. 5. In any instance where the department learns or has reasonable grounds to believe that any person is erecting or adding to a structure that would be subject to this chapter, but concerning which no application for a permit has been filed, the department may on its own motion issue an order to such person to appear before the department and show cause why an application for a permit to erect or add to the structure need not be obtained. A date for a hearing on the order shall be set out in such order.As added by P.L.117-1983, SEC.1.
IN Code § 8-21-10-6 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 10. Regulation of Tall Structures|8-21-10-6. Investigation of Permit Application

Sec. 6. (a) Upon receiving an application for a permit, the department shall make such investigation as may be necessary to properly process the application under this chapter. The investigation shall be conducted so as to determine, in the opinion of the department, if the proposed structure erected in the proposed location would have a substantial adverse effect upon the safe and efficient use of the navigable airspace and would be a hazard to air navigation if constructed. The department may take into consideration findings and recommendations of other governmental agencies or interested persons concerning the proposed structure; however, such findings or recommendations are not binding on the department. Further, the requirements of this chapter do not supersede any other law.(b) The department must consider an application for a permit for a period of sixty (60) days before making a final determination on the permit if:(1) a public use airport is located within a five (5) nautical mile radius surrounding the structure, regardless of county lines; and(2) the structure that is the subject of the permit is:(A) a new structure; or(B) an existing structure to which additional height is added.As added by P.L.117-1983, SEC.1. Amended by P.L.54-2002, SEC.3; P.L.42-2011, SEC.21.
IN Code § 8-21-10-7 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 10. Regulation of Tall Structures|8-21-10-7. Obstruction Standards

Sec. 7. (a) This section applies to:(1) an existing public use airport; and(2) a public use heliport.(b) If any of the obstruction standards set forth in this subsection are exceeded, the proposed structure is presumed to have a substantial adverse effect upon the safe and efficient use of the navigable airspace and would be a hazard to air navigation if constructed. Except as provided in section 9 of this chapter, the department shall not issue a permit for any proposed structure that would exceed any of the following obstruction standards:(1) A height that is five hundred (500) feet above ground level at the site of the object anywhere in the state.(2) A height that is two hundred (200) feet above ground level or above the established airport elevation, whichever is higher, within three (3) nautical miles of the established reference point of a public-use airport, excluding heliports, and that height increases in the proportion of one hundred (100) feet for each additional nautical mile of distance from the airport up to a maximum of five hundred (500) feet.(3) A height within a terminal obstacle clearance area, including an initial approach segment, a departure area, and a circling approach area, as defined by federal law and regulations, which would result in the vertical distance between any point on the object and an established minimum instrument flight altitude within that area or segment to be less than the required obstacle clearance.(4) A height within an enroute obstacle clearance area, as defined by federal law and regulations, including turn and termination areas of a federal airway or approved off-airway route that would increase the minimum obstacle clearance altitude.(5) The surface of a takeoff and landing area of a public-use airport or heliport or any imaginary surface as established under section 8 of this chapter. However, no part of the takeoff or landing area itself will be considered to be an obstruction.(c) Except for traverse ways on or near an airport with an operative ground traffic control service, furnished by an air traffic control tower or by the airport management and coordinated with the air traffic control service, the standards set forth above in subsection (b) apply to traverse ways used or to be used for the passage of mobile objects only after the heights of these traverse ways are increased by the following:(1) Seventeen (17) feet for an interstate highway where overcrossings are designed for a minimum of seventeen (17) feet vertical distance.(2) Fifteen (15) feet for any other public roadway.(3) Ten (10) feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road.(4) Twenty-three (23) feet for a railroad.(5) For a waterway or any other traverse way not covered by subdivisions (1) through (4), an amount equal to the height of the highest mobile object that would normally traverse it.As added by P.L.117-1983, SEC.1. Amended by P.L.54-2002, SEC.4.
IN Code § 8-21-10-9 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 10. Regulation of Tall Structures|8-21-10-9. Waiver of Strict Compliance With Obstruction Standards

Sec. 9. The department may, in its discretion, waive strict compliance with the standards set forth in section 7 of this chapter based upon a clear and compelling showing by the applicant for a permit that:(1) the proposed structure would be between five hundred (500) and one thousand (1,000) feet above ground level at its site and would not be located within two (2) statute miles of an interstate or major arterial highway, a major waterway, or a visual omni range (VOR) radial that supports a significant volume of visual flight rules (VFR) traffic;(2) the proposed structure would be between five hundred (500) and one thousand (1,000) feet above ground level at its site and would not be located within two (2) statute miles of the centerline of any regularly used visual flight rules (VFR) transition route between an airport and any radio navigation aid or any other airport;(3) the proposed structure would be located in an approved antenna farm or would be shielded by another structure; or(4) the proposed structure would not affect a planned or existing primary instrument approach to a runway at an existing or proposed public-use airport, and would not have a significant effect on visual flight rule (VFR) operations.As added by P.L.117-1983, SEC.1.
IN Code § 8-21-10-10 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 10. Regulation of Tall Structures|8-21-10-10. Permits; Specification of Obstruction Markings, Lighting, and Other Identification

Sec. 10. Every permit granted by the department shall specify what, if any, obstruction markers, markings, lighting, or other identification shall be installed on or in the vicinity of the structure as a condition to receiving the permit. Any visual identification characteristics or lighting required by the department shall conform as much as practicable with the federal obstruction marking and lighting guidelines and standards.As added by P.L.117-1983, SEC.1.
IN Code § 8-21-10-11 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 10. Regulation of Tall Structures|8-21-10-11. Determination Not to Issue Permit; Notification of Applicant; Hearing

Sec. 11. (a) If the department determines that a permit should not be issued under this chapter, the department shall notify the applicant in writing of its determination. The notification may be served by delivering it personally to the applicant or by sending it by certified mail to the applicant at the address specified in the application.(b) The determination shall become final fifteen (15) days after notification is served unless the applicant, within such fifteen (15) day period, requests in writing that a hearing be held before the department with reference to the application. All such hearings shall be open to the public and shall be conducted under IC 4-21.5-3. At the hearing, the applicant has the burden to show cause why the department should have granted the permit to erect the proposed structure. Any interested person may appear and be heard either in person or by counsel at such hearings and may present such evidence and testimony as may be pertinent.As added by P.L.117-1983, SEC.1. Amended by P.L.7-1987, SEC.14.
IN Code § 8-21-10-12 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 10. Regulation of Tall Structures|8-21-10-12. Actions to Prevent, Restrain, Correct, or Abate Violations

Sec. 12. In addition to any other remedy provided by law, the department may institute in any court of general jurisdiction, an action to prevent, restrain, correct, or abate any violation of this chapter or of any rules or orders the department issued or ordered under this chapter. The court may grant such relief, by way of injunction, which may be mandatory, or otherwise, as may be necessary under this chapter and the applicable rules or orders of the department issued under this chapter.As added by P.L.117-1983, SEC.1.
IN Code § 8-21-10-13 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 10. Regulation of Tall Structures|8-21-10-13. Application of Chapter to Existing Structures

Sec. 13. This chapter does not apply to any structure that existed on April 1, 1957. Any permit that was issued by the department under IC 8-21-7 (before its repeal on September 1, 1983) shall be treated after August 31, 1983, as though it had been issued under this chapter.As added by P.L.117-1983, SEC.1. Amended by P.L.3-1990, SEC.35.
IN Code § 8-21-10-14 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 10. Regulation of Tall Structures|8-21-10-14. Application of Chapter to Existing Structures

Sec. 14. Except for the requirements of section 3.1 of this chapter, this chapter does not apply in respect to the location, relocation, erection, construction, reconstruction, change, alteration, maintenance, removal, use, or enlargement of any existing structures, except radio and television towers.As added by P.L.117-1983, SEC.1. Amended by P.L.96-1998, SEC.3.
IN Code § 8-21-10-15 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 10. Regulation of Tall Structures|8-21-10-15. Violations; Offense

Sec. 15. A person who violates or fails to comply with this chapter commits a Class A infraction. Each day that such a violation or failure continues constitutes a separate offense.As added by P.L.117-1983, SEC.1.
IN Code § 8-21-11-1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 11. Airport Development Program|8-21-11-1. "Airport" Defined

Sec. 1. Notwithstanding IC 8-21-1-1, as used in this chapter, "airport" means a public use airport (as defined in 49 U.S.C. 47102).As added by P.L.34-1990, SEC.2. Amended by P.L.1-1999, SEC.22.
IN Code § 8-21-11-2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 11. Airport Development Program|8-21-11-2. "Grant Fund" Defined

Sec. 2. As used in this chapter, "grant fund" refers to the airport development grant fund.As added by P.L.34-1990, SEC.2.
IN Code § 8-21-11-3 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 11. Airport Development Program|8-21-11-3. "Loan Fund" Defined

Sec. 3. As used in this chapter, "loan fund" refers to the airport development revolving loan fund.As added by P.L.34-1990, SEC.2.
IN Code § 8-21-11-4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 11. Airport Development Program|8-21-11-4. Grant Fund; Revolving Loan Fund; Administration

Sec. 4. (a) The airport development grant fund and the airport development revolving loan fund are established for the purposes of this chapter. The department shall administer the two (2) funds.(b) The department shall pay the expenses of administering the funds.(c) The treasurer of state shall invest the money in each fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund that earns the interest.(d) Money in a fund at the end of a state fiscal year does not revert to the state general fund.As added by P.L.34-1990, SEC.2.
IN Code § 8-21-11-5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 11. Airport Development Program|8-21-11-5. Program to Foster Airport Development; Components; Rules

Sec. 5. (a) The department shall adopt rules under IC 4-22-2 to establish a program to foster airport development in Indiana with special emphasis on improvement of airports as an economic development tool. The program must include the following components:(1) State grants to airports from the grant fund to match federal Aviation Trust Fund grants.(2) State grants to airports from the grant fund for airport development projects for which federal grants are not available.(3) Loans to airports from the loan fund for airport development projects.(b) The rules must establish the following for both grants and loans:(1) Standards of eligibility.(2) The maximum amount of money for which any one (1) airport or airport development project is eligible.(3) Application procedures.(4) The local matching funds that are required.(5) Other provisions to administer the grant and loan programs.As added by P.L.34-1990, SEC.2.
IN Code § 8-21-11-6 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 11. Airport Development Program|8-21-11-6. Eligibility for Grant or Loan

Sec. 6. The following may apply to the department for a grant or a loan for an airport development project:(1) An eligible entity that has established a board of aviation commissioners under IC 8-22-2.(2) An airport authority established under IC 8-22-3.(3) A public airport established under IC 21-31-7.(4) Any airport that is eligible for an exemption under IC 6-1.1-10-15.As added by P.L.34-1990, SEC.2. Amended by P.L.114-1995, SEC.1; P.L.2-2007, SEC.138.
IN Code § 8-21-11-7 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 21. Aeronautics|Chapter 11. Airport Development Program|8-21-11-7. Allocation of Grant Funds

Sec. 7. (a) The department shall determine the allocation of grant funds among eligible applicants. However, the total amount of grants under this chapter may not exceed the balance in the grant fund.(b) The budget agency shall certify to the department, the auditor of state, and the treasurer of state that funds are available for a specific grant under subsection (a). Upon receipt of the certification from the budget agency, the funds shall be transmitted to the grant recipient.As added by P.L.34-1990, SEC.2.