105 IAC 3-3-9 - Standards for issuing certificate of site approval

Authority: IC 8-9.5-5-8

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

Sec. 9.

(a) In determining whether it shall issue a certificate of site approval for any proposed public-use airport, the department shall take into consideration its proposed location, size, and layout, the relationship of the proposed airport to the current national and state airport systems plans and any applicable airport master plans, 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, including the minimum safety standards hereinafter prescribed, in section 11(C) [of this rule].

(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 in the following circumstances:

(1) When the Federal Aviation Administration has issued an objectionable airspace determination,

(2) When the local governing body has not given land use approval to establish a public-use airport at such site, if that body has adopted a zoning ordinance, or

(3) When the proposed airport site is:

(A) Within 10,000 feet of any open dump, waste disposal site or sanitary landfill where the proposed airport would be used by turbojet aircraft, unless the landfill is used exclusively for the disposal of rock and earth.

(B) Within 5,000 feet of any open dump, waste disposal site, or sanitary landfill, where the proposed airport would be used only by piston type aircraft, unless the landfill is used exclusively for the disposal of rock and earth.

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

(e) In addition to the foregoing requirements, a certificate of site approval for a public-use heliport shall not be issued by the department unless the heliport will satisfy all conditions imposed by the FAA in their airspace analysis determination. The heliport should conform, as much as practicable, with the design criteria in the Heliport Design Guide (FAA Advisory Circular 150/5390-1B) and any subsequent amendments.

Notes

105 IAC 3-3-9

Indiana Department of Transportation; 105 IAC 3-3-9; filed Jan 6, 1983, 1:55 p.m.: 6 IR 311; 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 3-4-9 ) to Indiana Department of Transportation ( 105 IAC 3-3-9 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.