reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.09 | Acceptance of Federal Funds by Regional Airport Authorities, Counties, and Municipal Corporations.

Effective:
July 1, 2013
Latest Legislation:
House Bill 51 - 130th General Assembly
Each regional airport authority, county, municipal corporation, and agency of this state may accept, receive, and give receipt for federal funds upon such terms as are prescribed by the laws of the United States and any rules and regulations made thereunder, and may treat similarly other funds, public or private, for the acquisition, establishment, construction, enlargement, improvement, equipment, or operation of airports, landing fields, and other air navigation facilities.
The board of trustees of a regional airport authority and the legislative body of each county or municipal corporation may designate the department of transportation as the agent of such regional airport authority, county, or municipal corporation to accept, receive, and receipt for federal funds upon such terms as are prescribed by the laws of the United States and any rules or regulations made thereunder, and to treat similarly other funds, public or private, for the acquisition, establishment, construction, enlargement, improvement, equipment, or operation of airports, landing fields, and other air navigation facilities, whether such work is to be done by the regional airport authority, county, or municipal corporation alone, or jointly with the state, or jointly with the state and other counties or municipal corporations. Such board of trustees or legislative body may designate the department as its agent in any other matter connected with the acquisition, establishment, construction, enlargement, improvement, equipment, or operation of airports, landing fields, and other air navigation facilities, and may enter into, or authorize the executive department of such political subdivision to enter into, an agreement with the department prescribing the terms of such agency, in accordance with the laws of the United States and any rules or regulations made thereunder.
All contracts for the acquisition, establishment, construction, enlargement, improvement, equipment, or operation of airports, landing fields, or other air navigation facilities made by a regional airport authority, county, municipal corporation, or agency of this state shall be made pursuant to the laws of this state governing the making of such contracts; provided that when the acquisition, establishment, construction, enlargement, improvement, equipment, or operation of airports, landing fields, or other air navigation facilities is financed wholly or partly with federal funds, the regional airport authority, county, municipal corporation, or agency of this state may let contracts in the manner prescribed by the federal authorities acting under the laws of the United States and any rules or regulations made thereunder.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.10 | Municipality Marking.

Effective:
August 22, 1973
Latest Legislation:
Senate Bill 96 - 110th General Assembly
The legislative authority of every municipal corporation in this state shall cause said municipal corporation to be marked for aviation purposes, and shall maintain such marking, subject to and in accordance with law and such rules and regulations as are made by the department of transportation in that regard, the costs thereof to be paid from the general fund of the municipal corporation. If such legislative authority fails to carry out such action, the director of transportation may, sixty days after notice requiring such marking or maintenance has been served upon the clerk of such municipal corporation, cause such marking to be effected or maintained, and charge the cost thereof to such municipal corporation, which cost shall not exceed fifty dollars per marker. The taxing authority of such municipal corporation shall include the costs thereof in the next succeeding budget of the municipal corporation, in accordance with the certified statement of costs filed by the director with said body and the county auditor of the respective county; the budget commission of the county shall allow such cost without deduction and shall insert it in the budget in case it is omitted. Each auditor shall withhold such amount from the first semiannual tax collection and remit same to the director. The money received shall be paid into the state treasury to the credit of the general revenue fund.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.11 | Approval of Department of Transportation - Aviator's License.

Effective:
January 1, 2004
Latest Legislation:
Senate Bill 123 - 124th General Assembly
(A) All airports, landing fields, and landing areas shall be approved by the department of transportation before being used for commercial purposes. The department may issue a certificate of approval in each case. The department shall require that a complete plan of such airport, landing field, or landing area be filed with it before granting or issuing such approval; provided that in no case in which the department licenses or certifies an airport, landing field, or landing area constructed, maintained, or supported, in whole or in part, by public funds, under sections 4561.01 to 4561.151 of the Revised Code, shall the public be deprived of the use thereof or its facilities for aviation purposes as fully and equally as all other parties.
In any case in which the department rejects or disapproves an application to operate an airport, landing field, or landing area, or in any case in which the department issues an order requiring certain things to be done before approval, it shall set forth its reasons therefor and shall state the requirements to be met before such approval will be given or such order modified or changed. In any case in which the department considers it necessary, it may order the closing of any airport, landing field, or landing area for commercial purposes until the requirements of the order made by the department are complied with.
Appeal from any action or decision of the department in any such matter shall be made in accordance with sections 119.01 to 119.13 of the Revised Code.
The department shall require that any person engaged within this state in operating aircraft, in any form of navigation, shall be the holder of a currently effective aviator's license issued by the civil aeronautics administration.
The aviator's license required by this section shall be kept in the personal possession of the pilot when the pilot is operating aircraft within this state, and shall be presented for inspection upon the request of any passenger, any authorized representative of the department, or any official manager or person in charge of any airport, landing field, or area in this state upon which the pilot lands.
(B) Whoever violates this section shall be fined not more than five hundred dollars, imprisoned not more than ninety days, or both.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.12 | Regulation of Aircraft on Public Property.

Effective:
July 1, 2013
Latest Legislation:
House Bill 51 - 130th General Assembly
(A) Unless operated by the department of transportation or its agents, no aircraft shall be operated or maintained on any public land or water owned or controlled by this state, or by any political subdivision of this state, except at such places and under such rules and regulations governing and controlling the operation and maintenance of aircraft as are adopted and promulgated by the department in accordance with sections 119.01 to 119.13 of the Revised Code.
Such action and approval by the department shall not become effective until it has been approved by the adoption and promulgation of appropriate rules governing, controlling, and approving said places and the method of operation and maintenance of aircraft, by the department, division, political subdivision, agent, or agency of this state having ownership or control of the places on said public land or water which are affected by such operation or maintenance of aircraft thereon.
(B) Whoever violates this section shall be fined not more than five hundred dollars, imprisoned not more than ninety days, or both.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.13 | Enforcement of Laws - Investigation of Accidents.

Effective:
June 29, 2001
Latest Legislation:
House Bill 73 - 124th General Assembly
Every state, county, and municipal law enforcement officer charged with the enforcement of state or municipal laws may investigate aircraft accidents and enforce sections 4561.14, 4561.15, and 4561.24 of the Revised Code.
The state highway patrol may use any of its personnel and equipment to investigate all aircraft accidents within this state.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.14 | Prohibited Acts.

Effective:
January 1, 2004
Latest Legislation:
Senate Bill 123 - 124th General Assembly
(A) No person shall operate any aircraft in this state unless such person is the holder of a valid aviator's license issued by the United States.
No person operating an aircraft within this state shall fail to exhibit such license for inspection upon the demand of any passenger on such aircraft, or fail to exhibit same for inspection upon the demand of any peace officer, member or employee of the department of transportation, or manager or person in charge of an airport or landing field within this state, prior to taking off or upon landing said aircraft.
No person shall operate an aircraft within this state unless such aircraft is licensed and registered by the United States; this section is inapplicable to the operation of military aircraft of the United States, aircraft of a state, territory, or possession of the United States, or aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of such aircraft.
No person shall operate an aircraft within this state in violation of any air traffic rules in force under the laws of the United States or under sections 4561.01 to 4561.14 of the Revised Code, and the rules and regulations of the department adopted pursuant thereto.
(B) Whoever violates this section shall be fined not more than five hundred dollars, imprisoned not more than ninety days, or both.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.15 | Unsafe Operation of Aircraft.

Effective:
September 8, 2010
Latest Legislation:
House Bill 50 - 128th General Assembly
(A) No person shall commit any of the following acts:
(1) Carry passengers in an aircraft unless the person piloting the aircraft is a holder of a valid airperson's certificate of competency issued by the United States that authorizes the holder to carry passengers and the person is carrying any passenger in accordance with the applicable certificate requirements; this division of this section is inapplicable to the operation of military aircraft of the United States, aircraft of a state, territory, or possession of the United States, or aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of such aircraft;
(2) Operate an aircraft on the land or water or in the air space over this state in a careless or reckless manner that endangers any person or property, or with willful or wanton disregard for the rights or safety of others;
(3) Operate an aircraft on the land or water or in the air space over this state while under the influence of intoxicating liquor, controlled substances, or other habit-forming drugs;
(4) Tamper with, alter, destroy, remove, carry away, or cause to be carried away any object used for the marking of airports, landing fields, or other aeronautical facilities in this state, or in any way change the position or location of such markings, except by the direction of the proper authorities charged with the maintenance and operation of such facilities, or illegally possess any object used for such markings.
(B) Jurisdiction over any proceedings charging a violation of this section is limited to courts of record.
(C) Whoever violates this section shall be fined not more than five hundred dollars, imprisoned not more than six months, or both.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.151 | Liability of Aircraft Operators.

Effective:
September 23, 1955
Latest Legislation:
House Bill 187 - 101st General Assembly
The owner, operator, or person responsible for the operation of an aircraft shall not be liable for loss or damage arising from injuries to or death of a guest, resulting from the operation of said aircraft, while such guest is being transported without payment therefor in or upon said aircraft, unless such injuries or death are caused by the willful or wanton misconduct of such owner, operator, or person responsible for the operation of said aircraft.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.17 | License Tax on Aircraft - Exceptions.

Effective:
July 1, 2009
Latest Legislation:
Senate Bill 9 (GA 126),  House Bill 2 (GA 128),  House Bill 66 (GA 126)
(A) To provide revenue for administering sections 4561.17 to 4561.22 of the Revised Code relative to the registration of aircraft, for the surveying of and the establishment, checking, maintenance, and repair of aviation air marking and of air navigation facilities, for airport capital improvements, for the acquiring, maintaining, and repairing of equipment necessary for those purposes, and for the cost of creating and distributing Ohio aeronautical charts and Ohio airport and landing field directories, an annual license tax is hereby levied upon all aircraft based in this state for which an aircraft worthiness certificate issued by the federal aviation administration is in effect except the following:
(1) Aircraft owned by the United States or any territory of the United States;
(2) Aircraft owned by any foreign government;
(3) Aircraft owned by any state or any political subdivision of a state;
(4) Aircraft owned by aircraft manufacturers or aircraft engine manufacturers and operated only for purposes of testing, delivery, or demonstration;
(5) Aircraft operated for hire over regularly scheduled routes within the state.
(B) The license tax this section requires shall be at the rates specified in section 4561.18 of the Revised Code, and shall be paid to and collected by the director of transportation at the time of making application as provided in that section.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Last updated February 18, 2022 at 1:11 PM
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.18 | Application for License and Registration - Tax Rates.

Effective:
July 1, 2009
Latest Legislation:
House Bill 2 - 128th General Assembly
(A) The owner of any aircraft that is based in this state and that is not of a type specified in divisions (A)(1) to (5) of section 4561.17 of the Revised Code, shall register that aircraft with the department of transportation pursuant to this section.
(B) Applications for the licensing and registration of aircraft shall be made and signed by the owner on forms the department of transportation prepares. The forms shall contain a description of the aircraft, including its federal registration number, the airport or other place at which the aircraft is based, and any other information the department requires.
(C)(1) Registration forms shall be filed with the director of transportation annually at the time the director specifies and shall be renewed according to the standard renewal procedure of sections 4745.01 to 4745.03 of the Revised Code. If the airport or other place at which the aircraft usually is based changes, the owner shall update the registration by filing a new form with the office of aviation.
(2) An application for the registration of any aircraft not previously registered in this state that is acquired or becomes subject to the license tax subsequent to the last day of January in any year, shall be made for the balance of the year in which the aircraft is acquired, within thirty days after the acquisition or after becoming subject to the license tax.
(D)(1) Each registration form shall be accompanied by the proper license tax, which, for all aircraft other than those described in division (D)(2) of this section, shall be at the annual rate of fifteen dollars per seat, based on the manufacturer's maximum listed seating capacity.
(2) The license tax for gliders and balloons shall be fifteen dollars annually.
(E) The department of transportation shall maintain all registrations filed with it under this section and shall develop a program to track and enforce the registration of aircraft based in this state.
(F) The taxes this section requires are in lieu of all other taxes on or with respect to ownership of an aircraft.
(G) The director of transportation shall impose a fine pursuant to section 4561.22 of the Revised Code for each aircraft that an owner fails to register as this section requires and shall require the owner to register the aircraft within the time the director specifies. The director may impose a separate fine for each registration period during which the owner fails to register the aircraft.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.19 | Certificate of Registration.

Effective:
August 22, 1973
Latest Legislation:
Senate Bill 96 - 110th General Assembly
Upon receipt of each license application and each application for transfer of registration properly completed and accompanied by the required license tax, the director of transportation shall forward to the owner a certificate of registration which certificate shall thereafter be kept in the licensed aircraft and shall be available for inspection at all times during the current year. Before receipt of such registration certificate, a copy of the application for registration shall be so kept in the aircraft.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.20 | Transfer of Title of Aircraft - Application for New Certificate.

Effective:
June 30, 1999
Latest Legislation:
House Bill 163 - 123rd General Assembly
Upon transfer of the title to any aircraft upon which the current license tax has been paid, the certificate of registration for the aircraft expires, and the transferee shall submit an application for a new certificate of registration to the director of transportation. The application for the new certificate of registration shall be made in accordance with section 4561.18 of the Revised Code, and the transferee shall pay the applicable license tax specified in that section.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.21 | License Taxes, Transfer Fees Credited to General Fund.

Effective:
July 1, 2013
Latest Legislation:
House Bill 51 - 130th General Assembly
(A) The director of transportation shall deposit all aircraft transfer fees in the state treasury to the credit of the general fund.
(B) The director shall deposit all aircraft license taxes and fines in the state treasury to the credit of the airport assistance fund, which is hereby created. Money in the fund shall be used for maintenance and capital improvements to publicly owned airports and the operating costs associated with the office of aviation. For maintenance and capital improvements to publicly owned airports, the director shall distribute the money to eligible recipients in accordance with such procedures, guidelines, and criteria as the director shall establish. No more than ten per cent of all funds deposited annually into the fund shall be spent annually to pay operating costs associated with the office of aviation.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.22 | Prohibition.

Effective:
April 14, 2006
Latest Legislation:
Senate Bill 9 - 126th General Assembly
(A) No owner or operator of an aircraft shall violate sections 4561.17 to 4561.20 of the Revised Code.
(B) Whoever violates this section shall be fined not more than five hundred dollars for each violation.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.23 | Presumption of Pilot-in-Command in Airplane Crash.

Effective:
September 12, 1961
Latest Legislation:
House Bill 79 - 104th General Assembly
In the event of an airplane crash involving personal injuries, death, or property damage, it is rebuttably presumed that the airplane was being flown at the time of the crash, and immediately prior thereto, by the pilot-in-command of such airplane when the airplane is occupied by more than one person.
The "pilot-in-command" is rebuttably presumed to be:
(A) The occupant of the left front seat in airplanes having side-by-side and fore-and-aft seating;
(B) The occupant of the left seat of an airplane which has only one transverse seat;
(C) In a tandem seated airplane, the occupant of the seat recommended by the manufacturer of such airplane when the airplane is flown solo.
(D) Notwithstanding divisions (A), (B), and (C) of this section, the occupant of the airplane possessed of an instructor's rating is rebuttably presumed to be the pilot-in-command when any part of the flight is for the purpose of instructing another in any phase of flying or navigating.
(E) Notwithstanding divisions (A), (B), (C), and (D) of this section, in all flights conducted under instrument flight rules the pilot-in-command is rebuttably presumed to be the pilot whose name appears on the flight plan.
(F) In the event that the occupants and their positions in the airplane at the time of the crash cannot be established otherwise from the evidence with reasonable certainty, it is presumed that the airplane was being flown at the time of the crash, and immediately prior thereto, by the person occupying the pilot-in-command seat, as designated above, during or immediately before take-off.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.24 | Prior Approval Required for Operation of Motor Vehicle on Airport Runway.

Effective:
January 1, 2004
Latest Legislation:
Senate Bill 123 - 124th General Assembly
(A) No person shall operate a motor vehicle upon any runway of an airport without prior approval of the person in charge of the airport when the airport has been certified as a commercial airport by the office of aviation.
Any person lending assistance to the operator or operation of a vehicle engaged in such activity shall be equally charged as the participants.
(B) Except as otherwise provided in this division, whoever violates this section shall be fined not less than one hundred nor more than five hundred dollars, imprisoned for not more than six months, or both. If the offender previously has committed a violation of this section, whoever violates this section shall be fined not less than two hundred nor more than one thousand dollars, imprisoned for not more than one year, or both.
(C) As used in this section, "motor vehicle" has the same meaning as in section 4501.01 of the Revised Code.
(D) Airport vehicles and emergency and maintenance equipment are exempted from this section.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.25 | Aircraft Rental - Written Notice of Insurance Coverage.

Effective:
May 9, 2000
Latest Legislation:
House Bill 495 - 123rd General Assembly
(A) Every person who, in the ordinary course of business, rents an aircraft to another person shall deliver to the renter a written notice stating the nature and extent of insurance coverage provided, if any, for the renter against loss of or damage to the hull of the aircraft, or against liability arising out of the ownership, maintenance, or use of the aircraft. Such notice shall contain the name of the person giving the notice and shall be in substantially the following form:
"Notice of insurance coverage
As a renter of aircraft, you are hereby notified that:
(1) You (are) (are not) insured under a policy or policies of insurance provided by the undersigned and providing liability coverage to renters of aircraft. If coverage is provided, it is in the following amount or amounts: $_______________________.
(2) Hull insurance in favor of renters of aircraft (is) (is not) maintained. If hull insurance is provided, you (are) (are not) insured for the full value of the rental aircraft.
______________________________ - (Signature of person or officer of
company renting aircraft)
Dated: ____________, ______
(Month) (Day) (Year)"
(B) The notice delivered pursuant to division (A) of this section shall constitute a material part of any rental agreement, and each renter shall give written acknowledgment of receipt of the notice.
(C) Whoever fails to deliver the notice in accordance with division (A) of this section shall be fined not more than one thousand dollars.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.30 | Structures or Objects Near Airport Definitions.

Effective:
October 15, 1991
Latest Legislation:
House Bill 15 - 119th General Assembly
As used in sections 4561.30 to 4561.39 of the Revised Code:
(A) "Airport" means any airport certified for commercial purposes by the department of transportation. "Airport" does not include a military airport owned by the United States government and used for no commercial purposes.
(B) "Person" has the same meaning as in section 4561.01 of the Revised Code.
(C) "Commence to install" means undertaking any action that affects the natural environment of the site of a structure or object of natural growth, including, but not limited to, clearing of land, excavation, or planting, but excluding surveying changes needed for temporary use of the site and excluding uses in securing geological data, including making necessary borings to ascertain foundation conditions.
(D) "Structure" means any object, whether permanent or temporary, including, but not limited to, a building, tower, crane, smokestack, earth formation, transmission line, flagpole, or ship mast, and includes a mobile object.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.32 | Department of Transportation to Adopt Rules and Conduct Studies or Investigations.

Effective:
October 15, 1991
Latest Legislation:
House Bill 15 - 119th General Assembly
(A) In accordance with Chapter 119. of the Revised Code, the department of transportation shall adopt, and may amend and rescind, any rules necessary to administer sections 4561.30 to 4561.39 of the Revised Code and shall adopt rules based in whole upon the obstruction standards set forth in 14 C.F.R. 77.21 to 77.29, as amended, to uniformly regulate the height and location of structures and objects of natural growth in any airport's clear zone surface, horizontal surface, conical surface, primary surface, approach surface, or transitional surface. The rules shall provide that the department may grant a permit under section 4561.34 of the Revised Code that includes a waiver from full compliance with the obstruction standards. The rules shall also provide that the department shall base its decision on whether to grant such a waiver on sound aeronautic principles, as set out in F.A.A. technical manuals, as amended, including advisory circular 150/5300-13, "airport design standards"; 7400.2c, "airspace procedures handbook,"; and the U.S. terminal procedures handbook.
(B) The department may conduct any studies or investigations it considers necessary to carry out sections 4561.30 to 4561.39 of the Revised Code.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.33 | Application for Permit.

Effective:
October 15, 1991
Latest Legislation:
House Bill 15 - 119th General Assembly
(A) An applicant for a permit required by section 4561.31 of the Revised Code shall file with the department of transportation an application made on forms the department prescribes, which shall contain the following information:
(1) A description of the structure or object of natural growth for which the permit is sought, its location, and the planned date of commencement of installation;
(2) A statement explaining the need for the structure or object;
(3) A statement of the reasons why the proposed location is best suited for the structure or object;
(4) Any additional information the applicant considers relevant or the department requires.
An application for an amended permit shall be in the form and contain the information the department prescribes.
In lieu of an application prescribed by the department, an applicant may file a copy of the federal aviation administration's form 7460-1, notice of proposed construction or alteration.
(B) An applicant shall file an application not less than thirty days nor more than two years prior to the planned date of commencement of installation or substantial change. This period may be waived by the department for unforeseen emergencies.
(C) If the structure or object in the application could have a potential impact on a military installation, as such an impact is described in the airfield land use compatibility study of that military installation, the applicant shall send, within seven days after the filing of his application, a copy of the application to the commander of the installation and the appropriate branch of the United States department of defense.
(D) It is not necessary that ownership of, option for, or other possessory right to a specific site be held by the applicant before an application may be filed under this section.
(E) If the department has reason to believe that any person is commencing to install a structure or object of natural growth for which a permit appears to be required under section 4561.31 of the Revised Code, but concerning which no application for a permit under section 4561.34 of the Revised Code has been filed, the department shall issue an order to such person to appear before the department and show cause why a permit need not be obtained.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.34 | Granting or Denial of Permit - Issuance of Opinion.

Effective:
October 15, 1991
Latest Legislation:
House Bill 15 - 119th General Assembly
(A) The department of transportation, subject to Chapter 119. of the Revised Code, shall grant or deny a permit for which an application has been filed under section 4561.33 of the Revised Code. In determining whether to grant or deny a permit, the department shall determine whether the height and location of a structure or object of natural growth, as set forth in the permit application, will be an obstruction to air navigation based upon the rules adopted under section 4561.32 of the Revised Code if installed as proposed. In the case of an application to substantially change an existing structure or object, the department shall determine whether the change in the height or location of the structure or object, as set forth in the application, will create such an obstruction. The consideration of safety shall be paramount to considerations of economic or technical factors. In making a determination under this division the department shall render its decision upon the record, but may consider findings and recommendations of other governmental entities and interested persons concerning the proposed structure or object; however, those findings and recommendations are not binding on the department.
(B) The department may grant a permit under this section subject to any modification of the height or location of a structure or object the department considers necessary. In the absence of such modification or unless it grants a waiver from compliance with the obstruction standards, the department shall deny a permit if it determines, in accordance with division (A) of this section, that a proposed structure or object or a change to an existing structure or object, as set forth in the application, would be an obstruction to air navigation based upon the rules adopted under section 4561.32 of the Revised Code.
(C) In rendering a decision on an application for a permit, the department shall issue an opinion stating its reasons for the action taken. The department shall serve upon the applicant and each party, as provided in division (C) of section 4561.33 of the Revised Code, a copy of its decision regarding a permit and the opinion.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.341 | Office of Aviation to Review Application.

Effective:
June 30, 1999
Latest Legislation:
House Bill 163 - 123rd General Assembly
Pursuant to any consultation with the power siting board regarding an application for certification under section 4906.03 or 4906.10 of the Revised Code, the office of aviation of the division of multi-modal planning and programs of the department of transportation shall review the application to determine whether the facility constitutes or will constitute an obstruction to air navigation based upon the rules adopted under section 4561.32 of the Revised Code. Upon review of the application, if the office determines that the facility constitutes or will constitute an obstruction to air navigation, it shall provide, in writing, this determination and either the terms, conditions, and modifications that are necessary for the applicant to eliminate the obstruction or a statement that compliance with the obstruction standards may be waived, to the power siting board under section 4906.03 or 4906.10 of the Revised Code, as appropriate.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.35 | Specifying Terms and Conditions of Permits.

Effective:
October 15, 1991
Latest Legislation:
House Bill 15 - 119th General Assembly
The department of transportation shall specify all of the following in each permit granted under section 4561.34 of the Revised Code:
(A) The terms and conditions regarding the height and location of the structure or object of natural growth that the department considers necessary to ensure the safety of aircraft in landing or taking off at any airport, the safety of persons occupying or using such area, and the security of property, including any modifications to the height or location of the structure or object of natural growth set forth in the permit application. If the department modifies the location of all or part of a proposed structure or object, it shall provide notice of the relocation to the municipal corporation or township and the county to which the structure or object is being relocated, and the persons residing in the area of the relocation, by whatever means the department considers appropriate.
(B) The obstruction markers, markings, lighting, or other visual or aural identification, if any, that must be installed on or in the vicinity of the structure or object of natural growth as a condition of the permit. Any such identification shall conform as much as practicable to federal guidelines and standards. As a condition of the permit, the department shall require that any required lighting be maintained in operable condition.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.36 | Waiving Obstruction Standards.

Effective:
October 15, 1991
Latest Legislation:
House Bill 15 - 119th General Assembly
(A) The department of transportation shall not issue any permit under sections 4561.30 to 4561.39 of the Revised Code that will result in the creation of an obstruction to air navigation based upon the rules adopted under section 4561.32 of the Revised Code, unless the department waives compliance with the obstruction standards included in those rules.
(B) Sections 4561.30 to 4561.39 of the Revised Code do not authorize the department to restrict the height or location of structures or objects of natural growth under those sections for any reason other than to ensure the safety of aircraft in landing and taking off at an airport, the safety of persons occupying or using the area, and the security of property.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.37 | Nonconforming Uses.

Effective:
October 15, 1991
Latest Legislation:
House Bill 15 - 119th General Assembly
Sections 4561.30 to 4561.39 of the Revised Code shall not be construed to require the removal or lowering of or the making of any other change in any structure or object of natural growth not conforming to rules or orders of the department of transportation under those sections when adopted or amended, or otherwise interfere with the continuance of any nonconforming use; except that, if ordered by the department, the owner of a nonconforming structure or object that is permanently out of service or partially dismantled, destroyed, deteriorated, or decayed shall demolish or remove that structure or object; and, if any nonconforming use is voluntarily discontinued for two years or more, any future use of the premises shall be in conformity with sections 4561.30 to 4561.39 of the Revised Code.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.38 | Chapter Prevails Over Other Laws.

Effective:
October 15, 1991
Latest Legislation:
House Bill 15 - 119th General Assembly
With respect to any structure or object of natural growth for which a permit is required under section 4561.34 of the Revised Code, rules adopted or orders issued under sections 4561.30 to 4561.39 of the Revised Code and the terms and conditions of any permit issued under those sections prevail in the event of a conflict with any airport zoning regulation adopted under sections 4563.01 to 4563.21 of the Revised Code, any local regulation under section 4905.65 of the Revised Code, any zoning regulation otherwise applicable to the structure or object, or the terms or conditions of any permit issued under sections 4563.01 to 4563.21 of the Revised Code after the effective date of this section.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.39 | Enforcement Actions.

Effective:
October 15, 1991
Latest Legislation:
House Bill 15 - 119th General Assembly
In addition to any other remedy provided by law, the department of transportation may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any alleged violation or threatened violation of sections 4561.30 to 4561.39 of the Revised Code or any rule adopted or order issued under them. The court may grant such relief as may be necessary.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4561 | Aeronautics › Section 4561.99 | Penalty.

Effective:
January 1, 2004
Latest Legislation:
Senate Bill 123 - 124th General Assembly
Whoever violates any provision of sections 4561.021 to 4561.13 of the Revised Code for which no penalty otherwise is provided in the section that contains the provision violated shall be fined not more than five hundred dollars, imprisoned not more than ninety days, or both.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4563 | Airports › Section 4563.01 | Airport Definitions.

Effective:
June 30, 1999
Latest Legislation:
House Bill 163 - 123rd General Assembly
As used in sections 4563.01 to 4563.21 of the Revised Code:
(A) "Airport" means any area of land designed and set aside for the landing and taking off of aircraft, and for that purpose possessing one or more hard surfaced runways of a length of not less than three thousand five hundred feet, and designed for the storing, repair, and operation of aircraft, and utilized or to be utilized in the interest of the public for such purposes, and any area of land designed for such purposes for which designs, plans, and specifications conforming to the above requirements have been approved by the office of aviation of the division of multi-modal planning and programs of the department of transportation and for which not less than seventy per cent of the area shown by such designs and plans to constitute the total area has been acquired. An airport is "publicly owned" if the portion thereof used for the landing and taking off of aircraft is owned, operated, leased to, or leased by the United States, any agency or department thereof, this state or any other state, or any political subdivision of this state or any other state, or any other governmental body, public agency, or public corporation, or any combination thereof.
(B) "Airport hazard" means any structure or object of natural growth or use of land within an airport hazard area that obstructs the air space required for the flight of aircraft in landing or taking off at any airport or is otherwise hazardous to such landing or taking off of aircraft.
(C) "Airport hazard area" means any area of land adjacent to an airport that has been declared to be an "airport hazard area" by the office of aviation in connection with any airport approach plan recommended by the office.
(D) "Political subdivision" means any municipal corporation, township, or county.
(E) "Person" means any individual, firm, copartnership, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee, or other similar representative thereof.
(F) "Structure" means any erected object, including, without limitation, buildings, towers, smokestacks, and overhead transmission lines.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4563 | Airports › Section 4563.02 | Airport Hazard a Public Nuisance.

Effective:
October 5, 1955
Latest Legislation:
House Bill 812 - 101st General Assembly
The creation or establishment of an airport hazard shall be a public nuisance.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4563 | Airports › Section 4563.03 | Airport Zoning Boards.

Effective:
October 15, 1959
Latest Legislation:
House Bill 663 - 103rd General Assembly
(A) When an airport is publicly owned and all airport hazard areas appertaining to such airport are located inside the territorial limits of one political subdivision, the legislative authority of the political subdivision shall constitute the airport zoning board. Such legislative authority, acting as the airport zoning board, may adopt, administer, and enforce airport zoning regulations for such airport hazard area. Airport zoning regulations may divide an airport hazard area into zones, and, within such zones, regulate and restrict land uses which by their nature constitute airport hazards, and regulate and restrict the height to which structures may be erected or objects of natural growth may be allowed to grow. An obstruction of air space in an airport hazard area rising to a height not in excess of forty feet above the established elevation of the airport, or three feet for each one hundred feet or fraction thereof its location is distant from the nearest point in the perimeter of the airport, whichever is greater, shall be prima facie reasonable.
(B) When an airport is publicly owned and any airport hazard area appertaining to such airport is located in more than one political subdivision, the board of county commissioners of each county in which such airport or such airport hazard area may exist, shall constitute the airport zoning board, which shall have the same power to adopt, administer, and enforce airport zoning regulations as provided in division (A) of this section. The board shall elect its own chairman.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4563 | Airports › Section 4563.031 | Zoning Regulations.

Effective:
September 17, 1996
Latest Legislation:
House Bill 572 - 121st General Assembly
Within the approach, transitional, inner horizontal, and conical areas at a publicly owned airport, an airport zoning board constituted under section 4563.03 of the Revised Code may adopt, administer, and enforce zoning regulations, in addition to its regulations adopted under section 4563.03 of the Revised Code, in order to ensure the safety of persons occupying or using such areas and the security of property located within such areas. Airport zoning regulations may divide such approach, transitional, inner horizontal, and conical areas into zones, and within such zones, regulate and restrict land use in order to minimize injury, loss of life, and hazards to the safety of persons or to the security of property within such zones, and may include regulations governing population density and concentration of persons within such zones.
Prior to initial zoning under this section, the procedures set forth in sections 4563.05, 4563.06, and 4563.08 of the Revised Code for establishing the boundaries of the various zones and adopting the regulations therefor, shall be followed. "Approach area," "transitional area," "inner horizontal area," or "conical area," respectively, means any area of land adjacent to an airport and within an airport hazard area, which has been declared to be an "approach area," "transitional area," "inner horizontal area," or "conical area" by the office of aviation, based upon the approach plan for the airport. No zone established under this section may include any area outside such approach, transitional, inner horizontal, and conical areas.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4563 | Airports › Section 4563.032 | Adopting Federal Obstruction Standards.

Effective:
October 15, 1991
Latest Legislation:
House Bill 15 - 119th General Assembly
Any airport zoning board that adopts, administers, and enforces airport zoning regulations for an airport hazard area under section 4563.03 of the Revised Code shall adopt, as regulations, the rules adopted by the department of transportation under section 4561.32 of the Revised Code that are based in whole upon the obstruction standards set forth in 14 C.F.R. 77.21 to 77.29, as amended, to uniformly regulate the height and location of structures and objects of natural growth in any airport's clear zone surface, horizontal surface, conical surface, primary surface, approach surface, or transitional surface.
2023 Ohio Revised Code › Title 45 | Motor Vehicles-Aeronautics-Watercraft › Chapter 4563 | Airports › Section 4563.04 | Conflict Between Zoning Regulations.

Effective:
October 5, 1955
Latest Legislation:
House Bill 812 - 101st General Assembly
In the event of conflict between any airport zoning regulations adopted under sections 4563.01 to 4563.21, inclusive, of the Revised Code, and any other zoning regulations applicable to the same area, whether the conflict be with respect to the height of structures or objects of natural growth, the use of land, or any other matter, and whether such other regulations were adopted by the political subdivision which adopted the airport zoning regulations or by some other political subdivision, the limitation or requirement best calculated to insure safety shall govern.