{"data":{"id":"us-ok/okla.-stat.-tit.-3-3-102.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 3, § 3-102.1","heading":"Permit for erection, alteration or modification of","body":"certain structures.\n\nA. In order to prevent the erection of structures dangerous to\n\nair navigation, subject to the provisions of subsections B, C and D\n\nof this section, each person shall secure from the local airport\n\nzoning authority, or in the absence of a local airport zoning\n\nauthority, the Oklahoma Department of Aerospace and Aeronautics, a\n\npermit for the erection, alteration, or modification of any\n\nstructure the result of which would exceed the federal obstruction\n\nstandards as contained in 14 CFR, Part 77. Permits from the local\n\nairport zoning authority will be required only within an airport\n\nhazard area where federal standards are exceeded and if the proposed\n\nconstruction is within:\n\n1. A 10-nautical mile radius of the geographical center of a\n\npublicly owned or operated airport, a military airport, or an\n\nairport open for public use which has a published instrument\n\napproach procedure;\n\n2. A 6-nautical mile radius of the geographical center of a\n\npublicly owned or operated airport, a military airport, or an\n\nairport open for public use which has no published instrument\n\napproach procedure and has runways in excess of three thousand two\n\nhundred (3,200) feet in length;\n\n3. A 2.5-nautical mile radius of the geographical center of a\n\npublicly owned or operated airport, a military airport, or an\n\nairport open for public use which has no published instrument\n\napproach and has runways three thousand two hundred (3,200) feet or\n\nless in length; or\n\n4. A 1-nautical mile radius of the geographical center of a\n\npublicly owned or operated heliport or vertiport.\n\nB. Affected airports will be considered as having those\n\nfacilities which are programmed in the Federal Aviation\n\nAdministration’s Regional Aviation System Plan or the Oklahoma\n\nDepartment of Aerospace and Aeronautics’ Oklahoma Airport System\n\nPlan and will be so protected.\n\nC. Permit requirements of subsection A of this section shall\n\nnot apply to projects which received construction permits from the\n\nFederal Communications Commission for structures exceeding federal\n\nobstruction standards prior to May 20, 1975; nor shall it apply to\n\npreviously approved structures now existing, or any necessary\n\nreplacement or repairs to such existing structures, so long as the\n\nheight and location is unchanged.\n\nD. In determining whether to issue or deny a permit, the local\n\nairport zoning authority shall consider:\n\n1. The nature of the terrain and height of existing structures;\n\n2. Public and private interests and investments;\n\n3. The character of flying operations and planned developments\n\nof airports, heliports, and vertiports;\n\n4. Federal airways as designated by the Federal Aviation\n\nAdministration that lie within the radii described in paragraphs 1\n\nthrough 3 of subsection A of this section;\n\n5. Whether the construction of the proposed structure would\n\ncause an increase in the minimum descent altitude or the decision\n\nheight at the affected airport;\n\n6. Technological advances;\n\n7. The safety of persons on the ground and in the air; and\n\n8. Land use density.\n\nE. In order to promote the health, safety, and welfare of the\n\npublic and to protect persons and property by promoting safety in\n\naeronautics, the Oklahoma Department of Aerospace and Aeronautics\n\nmay review any structure erected, altered, or modified since January\n\n1, 1996, in which no permit was secured from the local airport\n\nzoning authority because of the absence of a local airport\n\nauthority. The Oklahoma Department of Aerospace and Aeronautics\n\nshall determine whether such structures meet the requirements set\n\nforth in this section. If the structures do not meet the\n\nrequirements as set forth in this section, the Oklahoma Department\n\nof Aerospace and Aeronautics may request the owners of such\n\nstructure to make any necessary modifications to protect the health,\n\nsafety, and welfare of the public, including, but not limited to,\nronautics\n\nshall determine whether such structures meet the requirements set\n\nforth in this section. If the structures do not meet the\n\nrequirements as set forth in this section, the Oklahoma Department\n\nof Aerospace and Aeronautics may request the owners of such\n\nstructure to make any necessary modifications to protect the health,\n\nsafety, and welfare of the public, including, but not limited to,\n\naltering, marking, mapping, or identifying such structure. The\n\nOklahoma Department of Aerospace and Aeronautics may assist the\n\nowner of such structure in any manner deemed feasible by the\n\nOklahoma Department of Aerospace and Aeronautics.","path":["OK Code","Title 3"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os3.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5d5f0e7aef5b77bd5dc5f84834f007f619d22580160454760a2609605417d8df","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-3-3-102","next":"us-ok/okla.-stat.-tit.-3-3-102.2"},"notice":"GroundRules: Original legal text. Not legal advice."}