reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 4. Uniform State Law for Aeronautics › 8-21-4-4. Use of Air Space; Landing on Private Property

Sec. 4. Flight in aircraft over the lands and waters of this state is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath. The landing of an aircraft on the lands or water of another, without his consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the aeronaut shall be liable, as provided in section 5.
Formerly: Acts 1927, c.43, s.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 4. Uniform State Law for Aeronautics › 8-21-4-5. Collisions; Liability

Sec. 5. The liability of the owner of one aircraft to the owner of another aircraft, or to aeronauts or passengers on either aircraft, for damages caused by collision on land, or in the air, shall be determined by the rules of law applicable to torts on land.
Formerly: Acts 1927, c.43, s.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 4. Uniform State Law for Aeronautics › 8-21-4-6. Liability; Vicarious Liability

Sec. 6. (a) All offenses, torts, and other wrongs committed by or against an aeronaut or passenger while in flight over Indiana shall be governed by Indiana laws; and the question whether damage occasioned by or to an aircraft while in flight over Indiana constitutes an offense, tort, or other wrong by or against the owner of the aircraft shall be determined by Indiana laws.
(b) This article does not impose vicarious liability for damages on an owner of an aircraft who is not the pilot unless:
(1) the owner engages in negligent, reckless, knowing, intentional, or unlawful conduct that is the proximate cause of the damages;
(2) an agency relationship exists between the owner and the person who proximately caused the damages; or
(3) the owner's liability is based on the doctrine of respondeat superior.
(c) This article is not intended to modify or amend Indiana law with respect to:
(1) bailments; or
(2) bailor liability.
Formerly: Acts 1927, c.43, s.7. As amended by Acts 1978, P.L.2, SEC.861; P.L.102-2015, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 4. Uniform State Law for Aeronautics › 8-21-4-7. Contracts Entered While in Flight

Sec. 7. All contractual and other legal regulations entered into by aeronauts or passengers while in flight over this state shall have the same effect as if entered into on the land or water beneath.
Formerly: Acts 1927, c.43, s.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 4. Uniform State Law for Aeronautics › 8-21-4-8. Operation of Aircraft While Under Influence of Liquor or Drugs; Health Disorder; Dropping Objects While in Flight; Offenses

Sec. 8. It is a Class B misdemeanor for a person to operate an aircraft while he is under the influence of intoxicating liquor or a controlled substance. It is a Class B misdemeanor for a person to operate an aircraft if he has been diagnosed by a physician as having an active case of epilepsy or similar disorders characterized by lapses of consciousness, or if he is under the influence of any drug or medicine for treatment of such a disorder which may bring about lapses of consciousness. It is a Class B misdemeanor for a person in an aircraft to drop anything from an aircraft in flight which may create any hazard to persons or property.
Formerly: Acts 1927, c.43, s.9; Acts 1947, c.42, s.1; Acts 1951, c.39, s.1. As amended by Acts 1978, P.L.2, SEC.862.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 4. Uniform State Law for Aeronautics › 8-21-4-9. Killing Any Birds or Animals; Offense

Sec. 9. A person who, while in flight in an aircraft, intentionally kills a bird or animal commits a Class B misdemeanor.
Formerly: Acts 1927, c.43, s.10. As amended by Acts 1978, P.L.2, SEC.863.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 4. Uniform State Law for Aeronautics › 8-21-4-10. Construction of Chapter

Sec. 10. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronautics.
Formerly: Acts 1927, c.43, s.11. As amended by P.L.66-1984, SEC.143.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 4. Uniform State Law for Aeronautics › 8-21-4-11. Title

Sec. 11. This chapter may be cited as the "Uniform State Law for Aeronautics".
Formerly: Acts 1927, c.43, s.12. As amended by P.L.66-1984, SEC.144.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 5. Aircraft Guest Statute › 8-21-5-1. Liability; Guests Defined

Sec. 1. (a) As used in this section, "child" or "stepchild" includes a child or stepchild of any age.
(b) The owner, operator, or person responsible for the operation of an aircraft is not liable for loss or damage arising from injuries to or the death of his:
(1) parent;
(2) spouse;
(3) child or stepchild;
(4) brother; or
(5) sister;
resulting from the operation of the aircraft while the parent, spouse, child or stepchild, brother, or sister was being transported without payment therefor in the aircraft, unless the injuries or death are caused by the wanton or willful misconduct of the operator, owner, or person responsible for the operation of the aircraft.
Formerly: Acts 1951, c.192, s.1. As amended by P.L.68-1984, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 8. Federal Aid for Airports › 8-21-8-1. Definitions; Preapproval of Municipal Projects; Payment of Federal Participating Funds

Sec. 1. (a) The following terms apply throughout this section:
(1) "Municipality" means any political subdivision, district, public corporation or authority in this state which is or may be authorized by law to acquire, establish, construct, maintain, improve or operate airports or other air navigation facilities.
(2) "Public agency" and "sponsor" have the same meaning as set forth in 49 U.S.C. 47102, as amended.
(3) "Department" refers to the Indiana department of transportation.
(b) A municipality, whether acting alone, or jointly with another municipality, the state, or a public agency of another state, may not submit to the secretary of transportation of the United States a project application for an airport improvement project grant under the federal Airport Improvement Program or the Airport and Airway Improvement Act of 1982, as amended, unless the project and project application have been first approved by the department.
(c) Payment of federal participating funds for an airport improvement project in Indiana authorized under the federal Airport Improvement Program or the Airport and Airway Improvement Act of 1982, as amended, shall be to the municipality.
(d) A municipality may appoint the department to be its agent for the receipt of federal participating funds in an airport improvement project if the municipality is not otherwise required to do so.
Formerly: Acts 1947, c.114, s.1; Acts 1975, P.L.95, SEC.1. As amended by Acts 1980, P.L.74, SEC.341; P.L.18-1990, SEC.157; P.L.5-2015, SEC.24; P.L.213-2015, SEC.123.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-1.5. Purpose of Chapter

Sec. 1.5. The purpose of this chapter is to:
(1) promote the public welfare and national security;
(2) serve the public interest, convenience, and necessity;
(3) promote air navigation and transportation (international, national, state, and local) in and through Indiana;
(4) increase air commerce;
(5) promote the efficient, safe, and economical handling of air commerce; and
(6) assure the inclusion of Indiana in national and international programs of air transportation.
As added by P.L.1-1989, SEC.19.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-1.6. Liberal Construction of Chapter

Sec. 1.6. This chapter is necessary for the welfare of Indiana and its inhabitants and shall be liberally construed to effect its purposes.
As added by P.L.1-1989, SEC.20.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-13. Regulations

Sec. 13. The department may adopt such rules as it may deem advisable for the control and regulation of any airport or airport facility or traffic on any airport or airport facility, for the protection of and preservation of property under its jurisdiction and control, and for the maintenance and preservation of good order within the property under its control. However, such rules must provide that public officers shall be afforded ready access, while in performance of their official duty, to all property under the jurisdiction or control of the department without the payment of tolls.
Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.344; P.L.1-2009, SEC.72.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-14. Promotion of Airport Facilities; Cooperation With Federal Government; Title to Airport Property

Sec. 14. The department shall prepare sketches, plans and descriptive material relating to any such airport, or airport facility, as in its discretion may seem feasible; to compile data and prepare literature as to the necessity or advisability thereof; and to do other acts and things which it considers necessary to promote any such airport or airport facility and deems to be in the public interest; to carry on in its discretion negotiations and enter into agreements and contracts with the federal government or agencies thereof for or relating to the building and construction of any airport or airport facility to be located within the State of Indiana; to locate and acquire a suitable site for any such airport or airport facility; and to construct, develop, maintain and operate the same in cooperation with the federal government, or any agency thereof, or otherwise, in such manner and on such terms as will, in the discretion of the department, best serve the commercial, industrial and agricultural interests of the state. The title to all property included in any such airport or airport facility shall be taken in the name of the state of Indiana.
Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.345.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-16. Eminent Domain

Sec. 16. The department may acquire by appropriation, under the provisions of the eminent domain law of the state, any land, including lands under water and riparian rights, property, rights, rights-of-way, franchises, easements or other property necessary or proper for the construction or the efficient operation of any airport or airport facility. The department is empowered to exercise such powers of eminent domain as may be conferred upon the authority by an Act of Congress of the United States now in force, or which may hereafter be enacted. Title to the property condemned shall be taken in the name of the state of Indiana. Nothing herein shall authorize the department to acquire by appropriation property or facilities belonging to any public utility or to a common carrier engaged in interstate commerce, which property or facilities are required for the proper and convenient operation of such public utility or common carrier, unless provision is made for the restoration, relocation or duplication of such property or facilities elsewhere at the sole cost of the authority excepting, however, cases in which such equipment or facilities are located within the limits of existing highways or public thoroughfares.
Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.347.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-17. Political Subdivisions Authorized to Transfer Real Property

Sec. 17. All counties, cities, towns, townships and other political subdivisions and all public agencies and commissions of the state, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant, or convey to the department at its request upon such terms and conditions as the proper authorities of such counties, cities, towns, townships, other political subdivisions or public agencies and commissions of the state may deem reasonable and fair and without the necessity for an advertisement, order of court or other action or formality, other than the regular and formal action of the authorities concerned, and any real property owned by any such municipality or governmental subdivision which may be necessary or convenient to the effectuation of the authorized purposes of the department.
Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.348.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-19. Maintenance, Policing, and Operation of Airport Facilities

Sec. 19. Each airport or airport facility or airport facilities when constructed and opened to traffic shall be maintained and kept in good condition and repair by the department. Each such airport facility or airport facilities shall also be policed and operated by such force of police, toll-takers and other operating employees as the department may, in its discretion, employ. All public or private property damaged or destroyed in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made therefor out of funds provided under this chapter.
Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.350.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-20. Restricted Zones in Airports; Air Pollution Restrictions

Sec. 20. In order to provide free air space for the safe descent, landing and ascent of aircraft and for the proper and safe use of any airport or landing field acquired or maintained under this chapter, the department is hereby given the right, powers and authority to establish and fix by ordinance or ordinances a restricted zone or zones for such distance in any direction from the boundaries of such airport or landing field, within which zone or zones so established, as in the opinion of the department is necessary and practicable, no building or other structure shall be erected high enough to interfere with the descent of an aircraft at such approach angle as may be deemed reasonably necessary for the safety for the type of operation that is, or is anticipated to be, conducted at such landing field; however, the department may by ordinance, establish standards regulating, within said zone or zones, the emission of air pollutants such as, but not limited to, smoke, dust, noxious fumes, glare and electrical radiation which would compromise the safety of aircraft by interfering with visability, operation of electrical equipment or any other condition necessary for safe flight.
Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.351.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-21. Airport Fund

Sec. 21. A special and distinct revolving fund is hereby created, to be known as the "Airport Fund." Expenditures from the fund shall be made only for the acquisition of land including lands under water and riparian rights, or options for the purchase of such land for an airport or airport facility site, and incidental expenses incurred in connection with such acquisition, for the preparation of plans and specifications for any part or all of the airport or airport facility, for studies in connection with the airport or airport facility, and for administrative expenses of the department. The fund shall be held in the name of the department, shall be administered by the department, and all expenditures therefrom shall be made by the department, subject, however, to the approval by the governor, the state budget agency, and the state budget committee of all expenditures of moneys advanced to the fund by the State of Indiana. Requests for such approval shall be made in such form as shall be prescribed by the budget agency, but expenditures for acquisition of land including lands under water and riparian rights, or options for the purchase of such land, shall be specifically requested and approved as to the land to be acquired and the amount to be expended. No transfers from said fund to any other fund of the state shall be made except pursuant to legislative action.
Upon the sale of airport revenue bonds for any airport facility or airport facilities, the funds expended from the "Airport Fund" in connection with the development of such airport facility or airport facilities and any obligation or expense incurred by the department for surveys, preparation of plans and specifications, and other engineering or other services in connection with development of such project shall be reimbursed to the "Airport Fund" from the proceeds of such bonds.
Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.352.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-22. Revenue Bonds

Sec. 22. Airport revenue bonds issued under the provisions of this chapter shall not be deemed to constitute a debt of the state or of any political subdivision of the state or a pledge of the faith and credit of the state or of any such political subdivision, but such bonds shall be payable solely from the funds pledged for their payment as authorized under this chapter, unless such bonds are refunded by refunding bonds, issued under this chapter, which refunding bonds shall be payable solely from funds pledged for their payment as authorized under this chapter. All such revenue bonds shall contain on the face of the bonds a statement to the effect that the bonds, as to both principal and interest, are not an obligation of the State of Indiana, or of any political subdivision of the state, but are payable solely from revenues pledged for their payment. All expenses incurred in carrying out this chapter shall be payable solely from funds provided under the authority of this chapter, and nothing in this chapter contained shall be construed to authorize the department to incur indebtedness or liability on behalf of or payable by the state or any political subdivision of the state.
Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.353; P.L.136-2018, SEC.105.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-24. Proceeds of Revenue Bonds; Interim Receipts or Temporary Bonds; Replacement of Lost or Destroyed Bonds

Sec. 24. The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the airport facility or airport facilities for which the bonds have been issued, and shall be disbursed in the manner and under the restrictions, if any, as may be provided in the resolution authorizing the issuance of the bonds or in a trust agreement securing the issue. If the proceeds of the bonds of any issue, by error of estimates or otherwise, are less than the cost, additional bonds may in like manner be issued, subject to IC 8-9.5-5-8(6) (repealed), to provide the amount of the deficit, and, unless otherwise provided in the commissioner's executive order authorizing the issuance of the bonds or in the trust agreement securing the issue, are deemed to be of the same issue and entitled to payment from the same fund without preference or priority of the bonds first issued. If the proceeds of the bonds of any issue shall exceed the cost of the airport facility or airport facilities for which the bonds have been issued, the surplus shall be deposited to the credit of the sinking fund for the bonds. Prior to the preparation of definitive bonds, the department may, subject to IC 8-9.5-5-8(6) (repealed), issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds have been executed and are available for delivery. The department may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost.
Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.355; P.L.18-1990, SEC.160; P.L.1-2009, SEC.74.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-25. Refunding Bonds

Sec. 25. The commissioner may, subject to IC 8-9.5-5-8(6) (repealed), provide for the issuance of airport revenue refunding bonds of the state payable solely from revenues for the purpose of refunding any bonds then outstanding which have been issued under this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the department, for the additional purpose of constructing improvements, extensions, or enlargements of the airport facility or airport facilities in connection with which the bonds to be refunded have been issued. The issuance of the bonds, the maturities and other details thereof, the rights of the holders thereof and the rights, duties, and obligations of the authority in respect of the same shall be governed by this chapter insofar as this chapter is applicable.
Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.356; P.L.18-1990, SEC.161; P.L.1-2009, SEC.75.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-27. Rights of Bondholders

Sec. 27. Any holder of bonds issued under the provisions of this chapter or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights given under this chapter may be restricted by the authorizing resolution or trust agreement, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the state or granted under this chapter or under such trust agreement, or the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this chapter or by such trust agreement or resolution to be performed by the department or by any officer of the department, including the fixing, charging and collecting of fees, tolls, rentals or other charges for the use of the airport or airport facility or airport facilities.
Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.358; P.L.136-2018, SEC.106.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-28. Revenue Bonds to Constitute Legal Investments for Various Institutions and Fiduciaries

Sec. 28. Revenue bonds issued by the department under the provisions of this chapter shall constitute legal investments for any private trust funds, and the funds of any banks, trust companies, insurance companies, building and loan associations, credit unions, banks of discount and deposit, savings banks, loan and trust and safe deposit companies, rural loan and savings associations, mortgage guaranty companies, small loan companies and industrial loan and investment companies, and any other financial institutions organized under the laws of the state of Indiana. Such bonds are hereby made securities in which all public officers and public agencies of the state and its political subdivisions may legally and properly invest funds and such bonds may be properly and legally deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law.
Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.359; P.L.42-1993, SEC.9.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-29. Fixing and Collecting Fees, Tolls, Rentals, and Other Charges

Sec. 29. The department may fix, review, revise, charge and collect fees, tolls, rentals and other charges for the use of the airport, airport facility, airport facilities and lands under the jurisdiction or control of the authority or services rendered by the department, and contract with any person, partnership, association, limited liability company, or corporation desiring the use of any airport facility or airport facilities and appurtenances for any proper purpose, and fix the terms, conditions, rentals, and rates of charges for such use. Such fees, tolls, rentals and other charges shall be reasonably related to the cost of operation, maintenance and repair of the particular airport facility or airport facilities for which the fees, tolls, rentals and other charges are fixed, including a proper allocation of the administrative expenses of the department and in case revenue bonds are issued to finance such airport facility or airport facilities, the fees, tolls, rentals and other charges relating to that airport facility or airport facilities shall be established in an amount sufficient to pay the interest on and principal of the bonds in accordance with their terms, and also sufficient to establish and maintain reserves created for all such purposes and for depreciation purposes. The fixing and collection of such fees, tolls, rentals and other charges and the expenditure of the revenues derived therefrom shall not be subject to the supervision or regulation by any other officer, commission, board, bureau or agency of the state. After such bonds have been duly paid and discharged and all obligations under any trust agreement securing the same have been performed or satisfied, any remaining surplus net revenues and all surplus net revenues thereafter derived from the operation of such airport or airports shall be paid into a sinking fund to be created by the department and used only for the purpose of improving and maintaining airport facilities under the jurisdiction of the department.
Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.360; P.L.8-1993, SEC.149.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-30. Deposit of Funds

Sec. 30. All money received from any facility, pursuant to the authority of this chapter, whether as proceeds from the sale of bonds, from revenues, or otherwise, shall be held and accounted for by the department separate and apart from any other money of the department and shall be deemed to be trust funds to be held and applied solely and exclusively for the benefit of that facility as provided in this chapter, but prior to the time when needed for use by that facility may be invested by the department to the extent and in the manner provided by IC 5-13, insofar as applicable. Such funds shall be kept in depositories designated as depositories for funds of the state as selected by the department, in the manner provided by the governing statutes insofar as applicable. The resolution authorizing the issuance of bonds or the trust agreement securing such bonds shall provide that any officer to whom, or any bank or trust company to which money shall be entrusted, shall act as trustees of such money and shall hold and apply the same for the purposes of this chapter, subject to the provisions of this chapter and of the authorizing resolution or trust agreement.
Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.361; P.L.19-1987, SEC.25; P.L.3-1990, SEC.33.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-31. Tax Exemptions; Tax Assessments

Sec. 31. (a) The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of an airport facility or airport facilities by the department will constitute the performance of essential governmental functions, the department shall not be required to pay any taxes or assessments upon any airport facility or airport facilities or any property acquired or used by the department under the provisions of this chapter, or upon the income therefrom, and the bonds issued under the provisions of this chapter, the interest thereon, the proceeds received by a holder from the sale of such bonds to the extent of the holder's cost of acquisition, or proceeds received upon redemption prior to maturity or proceeds received at maturity, and the receipt of such interest and proceeds shall be exempt from taxation in the state of Indiana for all purposes except the financial institutions tax imposed under IC 6-5.5.
(b) All properties both real and personal owned and operated by the department or leased by the department for proprietary purposes shall be assessed and added to the local tax rolls as any other private property. Such proprietary operations, under control of either the authority or a lessee of the department, shall be subject to Indiana adjusted gross income and sales tax laws.
Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.362; P.L.21-1990, SEC.41; P.L.254-1997(ss), SEC.15; P.L.192-2002(ss), SEC.145; P.L.79-2017, SEC.56.
2023 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.
2023 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 9. Jurisdiction Over Certain Airport Facilities › 8-21-9-36. Repealed

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1978, P.L.2, SEC.866. Repealed by Acts 1980, P.L.74, SEC.434.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.