105 IAC 3-3-22 - Standards for issuing certificate of site approval

Authority: IC 8-9.5-5-8

Affected: IC 8-9.5; IC 8-21-1

Sec. 22.

(a) In determining whether it shall issue a certificate of site approval for any private-use airport, the department shall take into consideration its proposed location, size and layout, whether there are safe areas available for expansion purposes, whether the adjoining area is free from obstructions based on a proper approach ratio, the nature of the terrain, the nature of the uses to which the proposed airport will be put, the possibilities for future development, and such other factors as, under the circumstances, it regards as having an important bearing thereon.

(b) Certificates of site approval may be granted with such restrictions and limitations as the department deems reasonable and necessary for safe airport operations.

(c) A certificate of site approval shall not be issued by the department when the Federal Aviation Administration has issued an objectionable airspace determination.

(d) The following commercial operations are prohibited at private-use airports unless specifically approved by the department: the carrying of passengers or cargo for hire; student instruction; rental or sales of aircraft; sale of aviation fuel or oil; air meets or exhibitions; advertising for any of the above; or any activity which solicits the general public to use the airport.

(e) In addition to the foregoing requirements, a certificate of site approval for a private-use seaplane base shall not be issued by the department unless any governmental body, authority or person having jurisdiction over the body of water has given approval for use of the site as a private-use seaplane base.

Notes

105 IAC 3-3-22

Indiana Department of Transportation; 105 IAC 3-3-22; filed Jan 6, 1983, 1:55 p.m.: 6 IR 316; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA Readopted filed 10/4/2019, 9:49 a.m.: 20191030-IR-105190422RFA

Transferred from Department of Transportation ( 100 IAC 3-4-22 ) to Indiana Department of Transportation ( 105 IAC 3-3-22 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.