North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0423 - REGULATION OF AIRPORT CONSTRUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except
				  as otherwise provided by this Rule, all construction or alteration of airports
				  or aircraft landing areas on any part of land adjoining any public highway or
				  in close proximity, shall be in conformity with the Federal Air Regulations,
				  Title 14, Chapter I, Part 77, Subpart C, Code of Federal Regulations, which is
				  incorporated by reference including any subsequent editions or amendments.
				  Copies of these regulations are available at no cost to the public by visiting
https://www.govinfo.gov
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				  proximity, as referenced in this Paragraph, shall be assessed on a case-by-case
				  basis according to the orientation of the landing area, and its respective
				  alignment to the public highway.
(b) No construction or alteration as
				  referenced in Paragraph (a) of this Rule shall be undertaken without having
				  first obtained an Aircraft Landing Area Permit from the Department. An Aircraft
				  Landing Area Permit shall be approved upon confirmation of satisfaction, by
				  written documentation, of the clearance requirements detailed in Paragraph (a),
				  all applicable requirements by the county or municipality, and Federal
				  regulations. All construction or alteration shall be in accordance with the
				  Aircraft Landing Area Permit. Except for highways on the Federal-aid highway
				  system, the Board of Transportation shall authorize a permit at variance with
				  the foregoing Federal Aviation Administration standards if it determines that
				  the construction or alteration of the aircraft landing area will not result in
				  a public road being a hazard to air navigation. The Department's determination
				  of whether a public road is a hazard to air navigation shall be dependent on
				  the type of aircraft, orientation of the landing area, and its respective
				  alignment to the public highway, traffic, and utilities.
(c) Applicants seeking an Aircraft Landing
				  Area Permit shall provide the Department with all plans, designs, estimates,
				  and supporting data at the time the application is made. The estimates and data
				  required may include, topographical surveys of the airport or aircraft landing
				  area site and surrounding areas, including the proposed construction or
				  alteration, with particular references to highways in the vicinity;
				  hydrographic surveys, with particular reference to the effect that the proposed
				  construction or alteration will have upon drainage patterns; and area maps,
				  airport traffic patterns, and approach surfaces.
(d) This Rule shall not apply to publicly
				  owned and operated airports and aircraft landing areas receiving Federal funds
				  and subject to regulation by the Federal Aviation Administration, nor shall
				  this Rule be construed to prohibit necessary repairs from being made to or on
				  any airport facilities regardless of their present location.
Authority
					 G.S.
					 136-18(22);
Eff.
					 November 1, 1985;
Amended Eff. November 1, 1993;
Readopted Eff. July 1, 2019.