SB 324 - This act creates the Missouri Airport Protection Act. Under this act, the Transportation Commission will establish an airspace review and permit process to regulate structures that are built near public airports to ensure that they do not interfere with public safety.

PERMIT FOR CONSTRUCTING STRUCTURES:

1. A permit is required before erecting any structure within 12,000 feet of the midpoint of the primary runway and 100 feet or higher above the elevation of the public airport.

2. A permit is required for a structure erected between 12,001 feet and 17,000 feet of the midpoint of the primary runway and 150 feet or higher above the elevation of the public airport.

PERMIT APPLICATION - The permit to erect a structure shall include at least the following:

1. Location of the airport. 2. Ground elevation and maximum height of the proposed structure. 3. Distance and direction from, and the elevation of the nearest airport runway. 4. A 7.5 minute quadrangle topographical map showing the location of the proposed structure.

No permit is required for the emergency repair or replacement of public utility, rural electric cooperative or federally licensed radio or television structures when the height of such structures is not increased by such emergency repair.

LOCAL ORDINANCES SUPERCEDE IF MORE RESTRICTIVE - No permit will be required if local aviation zoning rules are more restrictive than this act. If local zoning ordinances or regulations are more restrictive, then those rules supercede this act.

INVESTIGATION - The Commission shall investigate all permit applications to ensure that they meet the safety criteria of the act. The Commission may approve applications for temporary structures. The Commission will withhold permit approval if the Federal Aviation Administration (FAA) determines that a aeronautical study is needed. The Commission will also deny a permit for a structure if granting the permit would violate FAA rules and regulations.

PERMIT APPROVAL OR DENIAL - The Commission will notify the applicant if his or her permit is approved. If the permit is denied or if the Commission determines that another height or location is more appropriate, the Commission must notify the applicant in writing. The applicant may appeal the Commission's decision within 30 days of notification.

LIGHTING OR OTHER REQUIREMENTS - The permit will specify any obstruction markings, lighting or other visual or aural identification required to be installed near the structure.

NONCONFORMING STRUCTURES - Structures which are out of service, dismantled or destroyed must be demolished or removed at the owner's expense.

HEARINGS - Appeal hearings are to be conducted within 45 days after an appeal request. The review board will be made up of two representatives from the Commission and the local chief executive officer. If the proposed structure is a telecommunications tower, then two members of the Missouri Telecommunications Industry Association shall be on the review board. Parties are entitled to judicial review.

RULEMAKING AND INJUNCTIONS - Gives the Commission rulemaking power to enforce this act. The Commission shall notify by mail individuals who are violating this act. The Commission may institute court action in order to enforce the act and its regulations and may petition for an injunction to restrain those violating this act.
STEPHEN WITTE